CLAIM SUMMARY/DETERMINATION FORM

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 21 December 2011, Charles E. Truthan, (the Claimant), presented an Optional Oil Spill 

Liability Trust Fund (OSLTF) Claim Form to the National Pollution Funds Center (NPFC) 

seeking $2,100.69 for real or personal property damages that allegedly resulted from the 

Deepwater Horizon oil spill.

The Claimant is a pilot with the United States Coast Guard Auxiliary and was piloting an aircraft 

facility patrolling for oil blacks in the Gulf of Mexico at the time of the Deepwater Horizon oil 

spill.1

 On 17 July 2010, while on patrol, the Claimant’s aircraft displayed a drop in oil pressure, 

causing him to end the patrol and land the aircraft at Destin Air Base.2

 The Claimant landed the 

aircraft without incident but a post-landing inspection revealed an oil slick covering the engine 

cowling, the right side of the fuselage and the right main landing gear.3 An investigation into the 

cause of the damage revealed that the oil pressure supply line check valve to the turbocharger 

was damaged.4 The Claimant asserts that but for his patrol duties regarding the Deepwater 

Horizon oil spill, the damage to the supply line check valve, and the resulting damage to the 

plane, would not have occurred.5 As a result of the repair costs for the plane, the Claimant 

asserts he suffered damages of $2,100.69 in real or personal property damage.6

The Claimant’s calculation of $2,100.69 as his sum certain is reflective of the cost to repair the 

plane as reflected in an invoice included in the Claimant’s submission to the NPFC.7

1 Optional OSLTF Claim Form dated 21 December 2011 and received 21 December 2011. 2 Optional OSLTF Claim Form dated 21 December 2011 and received 21 December 2011. 3 Auxiliary Facility Loss or Damage Claim Worksheet dated 04 October 2010. 4 Optional OSLTF Claim Form dated 21 December 2011 and received 21 December 2011. 5 Optional OSLTF Claim Form dated 21 December 2011 and received 21 December 2011. 6 Optional OSLTF Claim Form dated 21 December 2011 and received 21 December 2011. 7 Invoice from Miracle Strip Aviation, Inc. dated 27 July 2010.

Claim Number N10036-1620

Claimant Charles E. Truthan 

Type of Claimant Private (US)

Type of Claim Real or Personal Property Damage

Amount Requested $2,100.69

 
APPLICABLE LAW

The Oil Pollution Act of 1990 (OPA) provides that each responsible party for a vessel or facility 

from which oil is discharged into or upon the navigable waters or adjoining shorelines or 

exclusive economic zone is liable for removal costs and damages. 33 U.S.C. § 2702(a). 

Damages include the loss of profits or impairment of earning capacity due to the injury, 

destruction or loss of real property, personal property, or natural resources, which shall be 

recoverable by any claimant. 33 U.S.C. § 2702(b)(2)(E).

The OSLTF, which is administered by the NPFC, is available to pay claims for uncompensated 

damages pursuant to 33 U.S.C. § 2712(a)(4) and § 2713 and the OSLTF claims adjudication 

regulations at 33 C.F.R. Part 136. With certain exceptions a claim must first be presented to the 

responsible party. 33 U.S.C. § 2713(a). If the claim is either denied or not settled by any person 

by payment within 90 days after the date on which it was presented, the claimant may elect to 

commence an action in court or present the claim to the OSLTF. 33 U.S.C. § 2713(c).

Pursuant to the claims regulations, 33 C.F.R. § 136.215, a claimant must establish the following 

to real or personal property damages:

(a) An ownership or leasehold interest in the property;

(b) That the property was injured or destroyed;

(c) The cost of repair or replacement; and

(d) the value of the property both before and after injury occurred.

Additionally, for each claim for economic loss resulting from destruction of real or personal 

property, the claimant must establish:

(a) That the property was not available for use and, if it had been, the value of that use;

(b) Whether or not substitute property was available and, if used, the costs thereof; and

(c) That the economic loss claimed was incurred as the result of the injury to or destruction 

of the property. 

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, destruction or loss of real or personal property or of 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.

Under 33 C.F.R. § 136.217, the amount of compensation allowable for damaged property is the 

lesser of:

(a) Actual or estimated net cost of repairs necessary to restore the property to substantially 

the same condition which existed immediately before the damage;

(b) The difference between value of the property before and after the damage; or

(c) The replacement value.
Compensation for economic loss resulting from the destruction of real or personal property may 

be allowed in an amount equal to the reasonable costs actually incurred for use of substitute 

commercial property or, if substitute commercial property was not reasonably available, in an 

amount equal to the net economic loss which resulted from not having use of the property. 

When substitute commercial property was reasonably available, but not used, allowable 

compensation for loss of use is limited to the cost of the substitute commercial property, or the 

property lost, whichever is less. Compensation for loss of use of noncommercial property is not 

allowable.

Compensation for a claim for loss of profits or impairment of earning capacity under § 

136.213(b) is limited to that allowable under § 136.235.

DETERMINATION OF LOSS

The Claimant’s Submission to the OSLTF

In support of his claim, the Claimant presented the following documentation to the NPFC:

- Optional OSLTF Claim Form dated 21 December 2011 and received 21 December 2011;

- Email from the Claimant to the NPFC dated 20 December 2011;

- Invoice from Miracle Strip Aviation, Inc. dated 27 July 2010;

- Memo from LTJG Jason Hennigan to Commander, Seventh Coast Guard District dated 

11 December 2010;

- Auxiliary Facility Loss or Damage Claim Worksheet dated 04 October 2010.

Prior to presenting this Claim to the NPFC, the Claimant filed a Full Review Final (FRF1) Claim 

with the GCCF for real or personal property damages. 8

 The Claimant was assigned Claimant ID 

# 3513637 and Claim ID # 9358508. The FRF1 Claim was denied on 12 May 2011.9

 

Additionally, the Claimant filed a Full Review Final (FRF2) Claim with the GCCF for real or 

personal property damages. 10 The Claimant was assigned Claim ID # 9439479. The FRF2 

Claim was denied on 30 September 2011.11

Based upon the evidence provided by the Claimant, it appears that the subject matter for the 

Claimant’s GCCF claims is the same as the subject matter of his claim before the NPFC, i.e., that 

due to the Deepwater Horizon oil spill the Claimant’s airplane facility suffered mechanical 

damage that necessitated repairs. The NPFC deems that the Claimant’s GCCF claims were 

properly presented to the RP and properly presented to the NPFC. Accordingly, this Claim 

Summary Determination for NPFC claim N10036-1620 considers and addresses the earnings 

claimed in the claims presented to the responsible party, specifically; GCCF Claim #’s 9358508 

(FRF1) and 9439479 (FRF2). 

8 GCCF Claimant Status page. 9 GCCF Denial Letter dated 12 May 2011.

10 GCCF Claimant Status page. 11 GCCF Denial Letter dated 30 September 2011.

 
NPFC Determination

The claim is denied. 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 documentation presented 

by the Claimant.

The claim is denied because the Claimant failed to prove that the alleged loss in the amount of 

$2,100.69 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.

Under 33 CFR § 136.1, the OSLTF is available to pay costs for certain uncompensated damages, 

including damage to real or personal property “resulting from the discharge, or substantial threat 

of discharge of oil”. A Claimant is also required under 33 CFR § 136.215(a) to provide evidence 

to demonstrate (1) an ownership or leasehold interest in the property; (2) that the property was 

injured or destroyed; (3) the cost of repair or replacement and (4) the value of the property both 

before and after the injury occurred.

Here, the Claimant asserts that due to the Deepwater Horizon oil spill, his aircraft facility 

suffered extensive damage and required repairs totaling $2,100.69.12 Although the Claimant’s 

facility suffered damage13 while flying in support 14 of the oil spill cleanup efforts, the aircraft 

was not damaged or destroyed by oil emanating from the Macondo well in Mississippi Canyon 

Block 252 nor was it damaged as a result of a removal activity. Rather, the aircraft facility was 

damaged due to a mechanical malfunction of a part contained inside the aircraft.15 Accordingly, 

this claim is denied because the Claimant failed to meet his burden to prove that his aircraft was 

damaged 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: 1/11/12

Supervisor’s Actions: Denial approved

Supervisor’s Comments:

12 Optional OSLTF Claim Form dated 21 December 2011 and received 21 December 2011. 13 Invoice from Miracle Strip Aviation, Inc. dated 27 July 2010. 14 Optional OSLTF Claim Form dated 21 December 2011 and received 21 December 2011. 15 Auxiliary Facility Loss or Damage Claim Worksheet dated 04 October 2010.