[Code of Federal Regulations]
[Title 33, Volume 2, Parts 125 to 199]
[Revised as of July 1, 1997]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR136]

[Page 89-91]

               TITLE 33--NAVIGATION AND NAVIGABLE WATERS

    CHAPTER I--COAST GUARD, DEPARTMENT OF TRANSPORTATION (CONTINUED)

PART 136--OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT--Table of Contents

Subpart D--Designation of Source and Advertisement

                                 General

Sec. 136.301  Purpose.

    This subpart prescribes the requirements concerning designation of
the source or sources of the discharge or threat of discharge and
advertisement of these designations, including the procedures by which
claims may be

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presented to the responsible party or guarantor.

Sec. 136.303  Definitions.

    As used in this subpart--
    Advertisement means the dissemination of information, including but
not limited to paid advertisements, that are reasonably calculated to
advise the public how to present a claim.
    Designated source means a source designated under Sec. 136.305.

                          Designation of Source

Sec. 136.305  Notice of designation.

    (a) When information of an incident is received, the source or
sources of the discharge or threat are designated, where possible and
appropriate. If the designated source is a vessel or facility, the
responsible party and the guarantor, if known, are notified by
telephone, telefax, or other rapid means of that designation. The
designation will be confirmed by a written Notice of Designation.
    (b) A Notice of Designation normally contains, to the extent known--
    (1) The name of the vessel or facility designated as the source;
    (2) The location, date, and time of the incident;
    (3) The type of quantity of oil involved;
    (4) The date of the designation;
    (5) The procedures for accepting or denying the designation; and
    (6) The name, address, telephone number, and, if available, telefax
number of the responsible Federal official to whom further communication
regrading the incident, advertisement of the incident, or denial of
designation should be directed.

Sec. 136.307  Denial of designation.

    (a) Within five days after receiving a Notice of Designation under
Sec. 136.305, the responsible party or guarantor may deny the
designation.
    (b) A denial of designation must--
    (1) Be in writing;
    (2) Identify the Notice of Designation;
    (3) Give the reasons for the denial and provide a copy of all
supporting documents; and
    (4) Be submitted to the official named in the Notice of Designation.
    (c) A denial is deemed received on the date the denial is actually
received by the official named in the Notice of Designation.

                              Advertisement

Sec. 136.309  Advertisement determinations.

    (a) The Director, NPFC, determines for each incident the type,
geographic scope, frequency, and duration of advertisement required.
    (b) In making the determination specified in paragraph (a) of this
section, the Director, NPFC, may consider--
    (1) The nature and extent of economic losses that have occurred or
are likely to occur;
    (2) The potential claimants who are likely to incur economic losses;
    (3) The geographical area that is or will likely be affected;
    (4) The most effective method of reasonably notifying potential
claimants of the designation and procedures of submitting claims; and
    (5) Relevant information or recommendations, if any, submitted by,
or on behalf of, the responsible party or guarantor of the designated
source.
    (c) The Director, NPFC, provides the specific requirements for
advertisement for each incident to the responsible party or guarantor of
the designated source.
    (d) If a responsible party or guarantor has not denied designation
in accordance with Sec. 136.307, the party or guarantor shall advertise,
in accordance with the requirements of this subpart, the designation and
the procedures by which claims may be presented. The advertisement must
begin not later than 15 days after the date of the designation made
under Sec. 136.305.
    (e) If there is no designation under Sec. 136.305, if the source of
the discharge or threat is a public vessel, or if the responsible party
and guarantor of the source designated have denied the designation or
failed to meet the requirements for advertisement in this section, the
Director, NPFC, may advertise procedures for presenting claims.

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Sec. 136.311  Types of advertisement.

    Advertisement required by the Director, NPFC, will normally include
one or more of the following:
    (a) Paid advertisements in a newspaper or newspapers having general
circulation in the area designated by the Director, NPFC.
    (b) Notice posted in marinas, marine supply stores, bait and tackle
shops, and other appropriate business establishments or public
facilities in the area designated by the Director, NPFC.
    (c) News releases to newspapers, radio stations, television
stations, and cable services having general circulation in the area
designated by the Director, NPFC.
    (d) Other means approved by the Director, NPFC, under the
circumstances of each case.

Sec. 136.313  Content of advertisement.

    Each advertisement required by this subpart may be required to
contain the following information or to indicate where this information
may be contained:
    (a) Location, date, and time of the incident.
    (b) Geographical area affected, as determined by the FOSC or
Director, NPFC.
    (c) Type and quantity of oil involved.
    (d) Name or other description of the source designated by the FOSC
or Director, NPFC.
    (e) Name of the responsible party and guarantor of the designated
source.
    (f) Name, address, telephone number, office hours, and work days of
the person or persons to whom claims are to be presented and from whom
claim information can be obtained.
    (g) The procedures by which a claim may be presented.
    (h) Other information required by the Director, NPFC, under the
circumstances of each case.