U.S. Department of 

Homeland Security

United States

Coast Guard

Director

United States Coast Guard

National Pollution Funds Center

NPFC CA MS 7100

US COAST GUARD

4200 Wilson Blvd., Suite 1000

Arlington, VA 20598-7100

Staff Symbol: (CA)

Phone: 1-800-280-7118

E-mail: arl-pf-npfcclaimsinfo@uscg.mil

 Fax: 202-493-6937

CERTIFIED MAIL - RETURN RECEIPT REQUESTED 5890/DWHZ 

Number: 7011 1570 0001 2446 3176 06 April 2011 

Sunset Mini Storage

c/o 

1950 West Hwy 98 

Mary Esther, FL 32569 

RE: Claim Number: N10036-1693 

Dear : 

The National Pollution Funds Center (NPFC), in accordance with the Oil Pollution Act of 1990, 33 

U.S.C. § 2701 et seq. (OPA) and the associated regulations at 33 C.F.R. Part 136, denies payment on 

claim number N10036-1693 involving the Deepwater Horizon oil spill. Please see the enclosed Claim 

Summary/Determination Form for further explanation. 

You may make a written request for reconsideration of this claim. The reconsideration must be received 

by the NPFC within 60 days of the date of this letter and must include the factual or legal basis of the 

request for reconsideration, providing any additional support for the claim. However, if you find that you 

will be unable to gather particular information within the time period, you may include a request for an 

extension of time for a specified duration with your reconsideration request. 

Reconsideration of the denial will be based upon the information provided. A claim may be reconsidered 

only once. Disposition of that reconsideration in writing will constitute final agency action. Failure of the 

NPFC to issue a written decision within 90 days after receipt of a timely request for reconsideration shall, 

at the option of the claimant, be deemed final agency action. All correspondence should include claim 

number N10036-1693. 

Mail reconsideration requests to: 

Director (ca)

NPFC CA MS 7100 

US COAST GUARD

4200 Wilson Blvd, Suite 1000 

Arlington, VA 20598-7100

Sincerely, 

Claims Adjudication Division

National Pollution Funds Center

U.S. Coast Guard 

Enclosure: Claim Summary/Determination Form 
CLAIM SUMMARY / DETERMINATION FORM

Claim Number N10036-1693

Claimant Sunset Mini Storage

Type of Claimant Private (US)

Type of Claim Loss of Profits and Impairment of Earnings Capacity

Amount Requested $23,000.00

FACTS 

On or about 20 April 2010, the Mobile Offshore Drilling Unit Deepwater Horizon (Deepwater 

Horizon) exploded and sank in the Gulf of Mexico. As a result of the explosion and sinking, oil 

was discharged. The Coast Guard designated the source of the discharge and identified BP as a 

responsible party (RP). BP accepted the designation and advertised its OPA claims process. On 

23 August 2010, the Gulf Coast Claims Facility (GCCF) began accepting and adjudicating 

certain individual and business claims on behalf of BP. 

CLAIM AND CLAIMANT

On 24 February 2012, Sunset Mini Storage (Claimant) presented an optional Oil Spill Liability 

Trust Fund (OSLTF) claim form seeking $23,000.00 for loss of profits and impairment of 

earnings capacity to the National Pollution Funds Center (NPFC) alleging damages resulting 

from the Deepwater Horizon oil spill. 

The Claimant allegedly owns Sunset Mini Storage and a produce stand which she rents out, both 

located in the vicinity of Fort Walton Beach, Florida.1 The Claimant alleges the tenant of the 

produce stand did not renew their lease in July of 2010 due to the oil spill.2 Furthermore, for 

Sunset Mini Storage, the Claimant alleges a “significant loss of income in 2010 after the oil 

spill.” 3

APPLICABLE LAW 

Under the Oil Pollution Act of 1990 (OPA), at 33 U.S.C. § 2702(a), responsible parties are liable 

for removal costs and damages resulting from the discharge of oil into or upon the navigable 

waters or adjoining shorelines or the exclusive economic zone, as described in § 2702(b) of 

OPA. 

The OSLTF which is administered by the NPFC, is available, pursuant to 33 U.S.C. § 2712(a)(4) 

and § 2713 and the OSLTF claims adjudication regulations at 33 C.F.R. Part 136, to pay claims 

for uncompensated damages. One type of damages available pursuant to 33 C.F.R. §136.231 is a 

claim for loss of profits or impairment of earning capacity due to injury to or destruction of 

natural resources.

Under 33 C.F.R. § 136.233 a claimant must establish the following:

(a) That real or personal property or natural resources have been injured, 

destroyed, or lost.

1 Claimant’s letter of explanation of her claim dated 16 February 2012. 2 Claimant’s letter of explanation of her claim dated 16 February 2012.

3 Claimant’s letter of explanation of her claim dated 16 February 2012. 

 
(b) That the claimant’s income was reduced as a consequence of injury to, 

destruction of, or loss of property or natural resources, and the amount of that 

reduction.

(c) The amount of the claimant’s profits or earnings in comparable periods and 

during the period when the claimed loss or impairment was suffered, as 

established by income tax returns, financial statements, and similar 

documents. In addition, comparative figures for profits or earnings for the 

same or similar activities outside of the area affected by the incident also must 

be established.

(d) Whether alternative employment or business was available and undertaken 

and, if so, the amount of income received. All income that a claimant 

received as a result of the incident must be clearly indicated and any saved 

overhead and other normal expenses not incurred as a result of the incident 

must be established. 

Under 33 C.F.R. § 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 C.F.R. § 136.235, the amount of compensation allowable for a claim involving loss of 

profits or impairment of earning capacity is limited to the actual net reduction or loss of earnings 

or profits suffered. Calculations for net reductions or losses must clearly reflect adjustments for-

(a) All income resulting from the incident;

(b) All income from alternative employment or business undertaken;

(c) Potential income from alternative employment or business not undertake, but 

reasonably available;

(d) Any saved overhead or normal expenses not incurred as a result of the 

incident; and

(e) State, local, and Federal taxes.

DETERMINATION OF LOSS 

Claimant’s Submission to the OSLTF

To support her claim, the Claimant submitted the following documentation:

− Claimant’s letter of explanation dated 16 February 2012

− Optional OSLTF claim form undated

− 2011 1099-MISC from GCCF to Larkin Produce (Claimants former tenant) 

− 2009 Form 1040 U.S. Individual Income Tax Return 

− 2008 Form 1040 U.S. Individual Income Tax Return 

− 2007 Form 1040 U.S. Individual Income Tax Return 

− Ledger sheet showing gross income for 2008 through 2011 for Sunset Mini Storage and 

the produce stand

The Claimant seeks lost profits and impairment of earnings capacity in the amount of 

$23,000.00.
Prior to presenting her claim to the NPFC, the Claimant alleges they filed a claim with the GCCF 

in October 2011 and received a denial.4 She states she was assigned GCCF Claimant ID 

#3136951.5

 Other than her own assertion, the Claimant did not provide any information 

regarding the presentment of her claim to the Responsible Party (GCCF). The NPFC was unable 

to verify, either through the Claimant or the RP that this claim was properly presented to the 

GCCF.

NPFC Determination

Under 33 U.S.C. § 2702(b)(2)(E) and 33 C.F.R. Part 136, a claimant must prove that any loss of 

income was due to injury or destruction or loss of real or personal property or a natural resource 

as a result of a discharge or substantial threat of a discharge of oil. Under 33 C.F.R. § 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. 

The NPFC considered all the documentation submitted by the Claimant. 

Failure to Establish Presentment

Under 33 U.S.C. § 2713(a), claimants must first present their claim to the Responsible Party, 

except for limited exceptions not applicable to the Claimant. The Claimant did not provide the 

NPFC with any information evidencing that she presented her claim to the GCCF nor was the 

NPFC able to verify that she presented her claim to the GCCF. Consequently, the Claimant 

failed to provide the NPFC with sufficient evidence to prove that her claim is properly before the 

NPFC. If the Claimant returns on reconsideration, documentation evidencing that she presented 

her claim to the GCCF must be submitted.

Failure to Prove Loss or Causation 

In connection with a review of this claim, the NPFC sent the Claimant a letter requesting 

additional information in order to further evaluate her claim. 6

 The letter requested, among other 

things, 2010 taxes, financial documentation for an accurate accounting of the Claimant’s losses, 

and proof of ownership accompanying the lease for the produce stand.7 The request was sent on 

28 February 2012. On 03 March 2012, Claimant acknowledged receipt of the certified letter.8

To date no response has been received by the NPFC.

Accordingly, the NPFC proceeded to evaluate the claim with the evidence the Claimant had 

originally submitted. The Claimant provided U.S. Income Taxes for 2007 through 20099

, but did 

not provide U.S. taxes for the alleged effected years of 2010 and 2011. The Claimant provided a 

handwritten ledger for the years of 2008 through August 201110; however the total rental income 

for Sunset Mini Storage does not match their tax statements.11 Therefore, the 2010 and 2011 

numbers need to be verified by further evidence i.e. U.S. tax forms and/or state sales tax 

collection. The evidence provided does not support the allegation that the Claimant lost 

$23,000.00 in earnings as a result of the Deepwater Horizon oil spill. 

4 Optional OSLTF claim form undated. 

5 Optional OSLTF claim form undated. 6 NPFC’s request for information dated 28 February 2012.

7 NPFC’s request for information dated 28 February 2012. 

8 USPS tracking # 7011 1570 0001 2446 2940.

9 2007, 2008, and 2009 Form 1040 U.S. Individual Income Tax Returns.

10 Ledger sheet showing gross income for 2008, 2009, 2010, and partial 2011 for Sunset Mini Storage and the 

produce stand. 

11 Ledger 2008 SMS rent equals $43,446.00 while 2008 U.S. Taxes equal $43,781.00; Ledger 2009 SMS rent equals 

$41,552.00 while 2009 U.S. Taxes equal $42,048.00. 

 
The Claimant has provided no documentation to substantiate that her alleged loss of profits and 

impairment of earnings capacity was due to the Deepwater Horizon oil spill. 12

This claim is denied because the Claimant failed to meet her burden to demonstrate (1) that she 

has an alleged loss in the amount claimed, and (2) that her alleged loss is due to the injury, 

destruction or loss of property or natural resources as a result of a discharge or substantial threat 

of a discharge of oil.

Claim Supervisor: NPFC Claims Adjudication Division

Date of Supervisor’s Review: 4/6/12

Supervisor’s Actions: Denial approved

Supervisor’s Comments:

12 The Claimant submitted a 2011 1099-MISC from the GCCF to her alleged produce tenant Larkin Produce for 

$40,500.00 but did not provide corroboration from renter as to causation nor a lease nor proof of ownership of the 

produce stand.