CLAIM SUMMARY / DETERMINATION FORM

Claim Number : 913026-0001

Claimant : O’Brien’s Response Management 

Type of Claimant : OSRO

Type of Claim : Removal Costs

Claim Manager : 

Amount Requested : $11,047.73

FACTS: 

Oil Spill Incident: On March 30, 2012, CG small boat #25654 reported the sighting of a sheen in the 

vicinity of the M/T Glenross moored at the Sunoco Terminal Berth No. 5 at Nederland, Texas.1 The body 

of water involved is the Neches River, a navigable waterway of the United States. Coast Guard Marine 

Safety Unit (MSU) Port Arthur responded to the incident and assessed the area for the source of the spill. 

At the time of the incident, the potential source for the sheen was suspected to be the M/T Glenross and as 

such, the vessel was advised to handle response actions. Sample analysis later confirmed that the M/T 

Glenross was not the responsible party for the incident.

Description of Removal Actions: O’Brien’s Response Management responded to this incident and 

coordinated with USCG FOSC for their spill containment and mitigation efforts.2 During the time the 

sheen was discovered in proximity to the M/T Glenross, oil transfer operations were being conducted.3

Upon the arrival of the USCG FOSC, the oil transfer operations had ceased.4 Removal actions undertaken 

were to boom the affected area around the vessel, remove oil and oiled debris, and conduct disposal of 

oily waste. 

The Claim: O’Brien’s Response Management presented a removal cost claim to the National Pollution 

Funds Center (NPFC) in the amount of $11,047.73 for their uncompensated removal costs incurred to 

respond to the incident. 

The claim consists of OSLTF Claim Data, email correspondence from (O’Brien’s 

Response Management) to Nelson Cutinha (International Tanker Management-owner of M/T Glenross), 

correspondence from the Texas General Land Office to Benckenstein and Oxford, LLP, correspondence 

from O’Brien’s Response Management to International Tanker Management, claimant’s invoice 556706 

and backup report, lodging and meal receipts, Oil Spill Response Services contract for Tank Vessels, and 

O’Brien’s standard rate sheet in effect at the time of the incident. 

The NPFC conducted independent research into the claim and obtained copies of the Coast Guard MISLE 

report and the NRC report for the incident. 

APPLICABLE LAW: 

"Oil" is defined in relevant part, at 33 USC § 2701(23), to mean “oil of any kind or in any form, including 

petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil”. 

 

1 See, Correspondence from USCG Hearing Office to Beckenstein and Oxford, LLP, dated June 1, 2012.

2 See, Claimant’s OSLTF Claim Form, dated December 19, 2012.

3 See, MISLE Report 3725269, dated March 30, 2012.

4 See, MISLE Report 3725269, dated March 30, 2012.
2

The Oil Spill Liability Trust Fund (OSLTF), which is administered by the NPFC, is available, pursuant to 

33 USC §§ 2712(a)(4) and 2713 and the OSLTF claims adjudication regulations at 33 CFR Part 136, to 

pay claims for uncompensated removal costs that are determined to be consistent with the National 

Contingency Plan and uncompensated damages. Removal costs are defined as “the costs of removal that

are incurred after a discharge of oil has occurred or, in any case in which there is a substantial threat of a 

discharge of oil, the costs to prevent, minimize, or mitigate oil pollution from an incident”. 

Under 33 USC §2713(b)(2) and 33 CFR 136.103(d) no claim against the OSLTF may be approved or 

certified for payment during the pendency of an action by the claimant in court to recover the same costs 

that are the subject of the claim. See also, 33 USC §2713(c) and 33 CFR 136.103(c)(2) [claimant 

election]. 

33 U.S.C. §2713(d) provides that “If a claim is presented in accordance with this section, including a 

claim for interim, short-term damages representing less than the full amount of damages to which the 

claimant ultimately may be entitled, and full and adequate compensation is unavailable, a claim for the 

uncompensated damages and removal costs may be presented to the Fund.” 

Under 33 CFR 136.105(a) and 136.105(e)(6), the claimant bears the burden of providing to the NPFC, all 

evidence, information, and documentation deemed necessary by the Director, NPFC, to support the claim. 

Under 33 CFR 136.105(b) each claim must be in writing, for a sum certain for each category of 

uncompensated damages or removal costs resulting from an incident. In addition, under 33 CFR 136, the 

claimant bears the burden to prove the removal actions were reasonable in response to the scope of the oil 

spill incident, and the NPFC has the authority and responsibility to perform a reasonableness 

determination. Specifically, under 33 CFR 136.203, “a claimant must establish - 

(a) That the actions taken were necessary to prevent, minimize, or mitigate the effects of the 

incident;

 (b) That the removal costs were incurred as a result of these actions;

(c) That the actions taken were determined by the FOSC to be consistent with the National 

Contingency Plan or were directed by the FOSC.” 

Under 33 CFR 136.205 “the amount of compensation allowable is the total of uncompensated reasonable

removal costs of actions taken that were determined by the FOSC to be consistent with the National 

Contingency Plan or were directed by the FOSC. Except in exceptional circumstances, removal activities

for which costs are being claimed must have been coordinated with the FOSC.” [Emphasis added]. 

DETERMINATION OF LOSS: 

Overview:

1. FOSC coordination was made by USCG MSU Port Arthur MST2 via 

MISLE Case Number # 495236. 

2. The incident involved the discharge of “oil” as defined in OPA 90, 33 U.S.C. § 

2701(23), to navigable waters. 

3. In accordance with 33 CFR § 136.105(e)(12), the claimant has certified no suit has 

been filed in court for the claimed uncompensated removal costs.

4. The claim was submitted within the six year statute of limitations. 33 U.S.C. § 

2712(h)(2). 

5. The NPFC Claims Manager has thoroughly reviewed all documentation submitted 

with the claim and determined which removal costs presented were for actions in 
3

accordance with the NCP and that the costs for these actions were indeed reasonable 

and allowable under OPA and 33 CFR § 136.205. 

Analysis:

NPFC CA reviewed the actual cost invoices and dailies to confirm that the claimant had incurred all costs 

claimed. The review focused on: (1) whether the actions taken were compensable “removal actions” 

under OPA and the claims regulations at 33 CFR 136 (e.g., actions to prevent, minimize, mitigate the 

effects of the incident); (2) whether the costs were incurred as a result of these actions; (3) whether the 

actions taken were determined by the FOSC, to be consistent with the NCP or directed by the FOSC, and 

(4) whether the costs were adequately documented and reasonable. 

The NPFC has determined that the removal costs presented and incurred were billed appropriately at the 

time services were rendered. The NPFC performed independent research into the incident and obtained 

copies of the Coast Guard Pollution Reports and a copy of all evidence in the Coast Guard MISLE 

system. 

O’Brien’s Response Management presented personnel costs in the amount of $10,125.00, travel costs in 

the amount of $745.28, third party costs in the amount of $8.72, and equipment rental charges in the 

amount of $168.75. 

Please see Enclosure 1 – Summary spreadsheet of costs for an itemization of all costs presented.

The NPFC has confirmed all costs were billed pursuant to the pricing schedule in place for the vessel at 

the time of the incident and that the actions undertaken were determined by the FOSC to be consistent 

with the NCP. On that basis, the Claims Manager hereby determines that the Claimant did in fact incur 

$11,047.73 of uncompensated removal costs and that that amount is payable by the OSLTF as full 

compensation for the reimbursable removal costs incurred by the Claimant and submitted to the NPFC 

under claim 913026-0001. 

The Claimant states that all costs claimed are for uncompensated removal costs incurred by the Claimant 

for this incident. The Claimant represents that all costs paid by the Claimant are compensable removal 

costs, payable by the OSLTF as presented by the Claimant.

Determined Amount: 

The NPFC hereby determines that the OSLTF will pay $11,047.73 as full compensation for the 

reimbursable removal costs incurred by the Claimant and submitted to the NPFC under claim # 913026-

0001. All costs claimed are for charges paid for by the Claimant for removal actions as that term is 

defined in OPA and, are compensable removal costs, payable by the OSLTF as presented by the 

Claimant. 

Claim Supervisor: 

Date of Supervisor’s review: 1/22/13 

Supervisor Action: Approved 

Supervisor’s Comments: