Oil Pollution Act of 1990 

Interim Claims Regulations

The enclosed is the body of the text that was 

supplied to the Federal Register by 

Commandant. 

October 28, 1992 

Chapter 7 7-5
This Page Intentionally Left Blank 

Chapter 7 7-6
List of Subjects 

33 CFR Part 135 

Advertising, Claims, Continental shelf, Oil pollution. 

33 CFR Part 136 

Administration practice and procedure, Claims, Oil pollution. 

33 CFR Part 137 

Claims, Harbors, Insurance, Oil pollution, Reporting and recordkeeping requirements, Vessels. 

For the reasons set out in the preamble, the Coast Guard amends 33 CFR Parts 135, 136, and 

137 as follows: 

PART 135 - OFFSHORE OIL POLLUTION COMPENSATION FUND 

1. The authority citation for Part 135 is revised to read as follows:

Authority: 33 U.S.C. 2701-2719; E.O. 12777, 56 FR 54757; 49 CFR 1.46.

2. The heading for Subpart D is revised to read as follows:

Subpart D - Notification of Pollution Incidents

Subpart D [Amended]

3. In Subpart D, remove the undesignated section headings "Notification", "Designation",

and "Advertisement".

§ 135.301 [Removed]

4. Section 135.301, Purpose, is removed.

§ 135.303 [Amended]

5. In § 135.303, remove Paragraphs (a)(l) and (a)(2) and redesignate paragraph (a)(3) as an

undesignated paragraph.

§ 135.309 through 135.319 [Removed]

6. Sections 135.309 through 135.319 are removed.

7. Part 136 and its authority citation arc revised to read as follows:

Chapter 7 7-7 
PART 136 - OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; 

DESIGNATION OF SOURCE; AND ADVERTISEMENT 

Subpart A - General Sec. 

136.1 Purpose and applicability. 

136.3 Information. 

136.5 Definitions. 

136.7 Foreign claimants. 

136.9 Falsification of claims. 

Subpart B - General Procedure 

136.101 Time limitation on claims. 

136.103 Order of presentment. 

136.105 General requirements for a claim.

136.107 Subrogated claims. 

136.109 Removal costs and multiple items of damages. 

136.111 Insurance. 

136.113 Other compensation. 

136.115 Settlement and notice to claimant. 

Subpart C - Procedure for Particular Claims 

REMOVAL COSTS 

136.201 Authorized claimants. 

136.203 Proof 

136.205 Compensation allowable. 

NATURAL RESOURCES 

136.207 Authorized claimants. 

136.209 Proof. 

136.211 Compensation allowable. 

REAL OR PERSONAL PROPERTY

136.213 Authorized claimants. 

136.215 Proof. 

136.217 Compensation allowable. 

SUBSISTENCE USE 

136.219 Authorized claimants. 

136.221 Proof. 

136.223 Compensation allowable. 

GOVERNMENT REVENUES 

136.225 Authorized claimants. 

136.227 Proof. 

136.229 Compensation allowable. 

Chapter 7 7-8 
PROFITS AND EARNING CAPACITY

136.231 Authorized claimants. 

136.233 Proof. 

136.235 Compensation allowable. 

GOVERNMENT PUBLIC SERVICES 

136.237 Authorized claimants. 

136.239 Proof. 

136.241 Compensation allowable. 

Subpart D - Designation of Source and Advertisement 

GENERAL 

136.301 Purpose. 

136.303 Definitions. 

DESIGNATION OF SOURCE 

136.305 Notice of designation. 

163.307 Denial of designation. 

ADVERTISEMENT 

136.309 Advertisement determinations. 

136.311 Types of advertisement. 

136.313 Content of advertisement. 

Chapter 7 7-9 
AUTHORITY: 33 US.C. 2713,2714; E.O. 12777,(56 FR 54757); 49 CFR 1.46. 

Subpart A - General 

§ 136.1 Purpose and applicability.

(a) This part prescribes regulations for --

(1) Presentation, filing, processing, settlement, and adjudication of claims authorized to be 

presented to the Oil Spill Liability Trust Fund (the Fund) under section 1013 of the Oil 

Pollution Act of 1990 (the Act) (33 US.C. 2713) for certain uncompensated removal 

costs or uncompensated damages resulting from the discharge, or substantial threat of 

discharge, of oil from a vessel or facility into or upon the navigable waters, adjoining 

shorelines, or the exclusive economic zone; 

(2) Designation of the source of the incident, notification to the responsible party of the 

designation, and advertisement of the designation and claims procedures; and 

(3) Other related matters. 

(b) This part applies to claims resulting from incidents occurring after August 18, 1990. 

(c) Nothing in this part --

(1) Preempts the authority of any State or political subdivision thereof from imposing any 

additional liability or requirements with respect to --

(i) The discharge of oil or other pollution by oil within such State; or 

(ii) Any removal activities in connection with such a discharge; or 

(2) Affects or modifies in any way the obligations or liabilities of any person under the 

Solid Waste 

Disposal Act (42 U.S.C. 6901 et seq.) or State law, including common law; or 

(3) Affects the authority of any State --

(i) To establish, or to continue in effect, a fund any purpose of which is to pay for 

costs or damages arising out of, or directly resulting from, oil pollution or the 

substantial threat of oil pollution; or 

(ii) To require any person to contribute to such a fund; or 

(4) Affects the authority of the United States or any State or political subdivision thereof 

to impose additional liability or additional requirements relating to a discharge, or 

substantial threat of a discharge, of oil. 

§ 136.3 Information.

Anyone desiring to file a claim against the Fund may obtain general information on the 

procedure for filing a claim from the Director, National Pollution Funds Center, Suite 1000, 4200 

Wilson Boulevard, Arlington, Virginia 22203-1804, (202) 493-6830. 

§ 136.5 Definitions.

(a) As used in this part, the following terms have the same meaning as set forth in sections 

1001 and 1007(c) of the Act (33 U.S.C. 2701 and 2707(c)): "claim", "claimant", 

"damages", "discharge", "exclusive economic zone", "facility", "foreign claimant", 

"foreign offshore unit", "Fund', "guarantor", "incident", "National Contingency Plan", 

"natural resources", "navigable waters", "offshore", "facility", "oil", "onshore facility", 

"owner or operator", "Person", "removal costs", "responsible party'', "State", "United 

States", and "vessel". 

(b) As used in this part 

"Act means Title I of the Oil Pollution Act of 1990 (Pub.L. 101-380; 33 U.S.C 2701 

through 2719). 

Chapter 7 7-10 
"Director, NPFC" means the person in charge of the U.S. Coast Guard National Pollution 

Funds Center or that person's authorized representative. 

'FOSC' means the Federal On-Scene Coordinator designated under the National 

Contingency Plan or that person's authorized representative. 

"NPFC" means the CG National Pollution Funds Center, US Coast Guard Stop 7605, 

2703 Martin Luther King Jr Ave SE, Washington DC 20593-7605. 

§ 136.7 Foreign claimants.

In addition to other applicable limitations on presenting claims to the Fund, claims by foreign 

claimants to recover removal costs or damages may be presented only when the requirements of 

section 1007 of the Act (33 U.S.C. 2707) are met. 

§ 136.9 Falsification of claims.

Persons submitting false claims or making false statements in connection with claims under 

this part may be subject to prosecution under Federal law, including but not limited to 18 U.S.C. 287 

and 1001. In addition, persons submitting written documentation in support of claims under this part 

which they know, or should know, is false or omits a material fact may be subject to a civil penalty of 

up to $5,000 for each claim. If any payment is made on the claim, the claimant may also be subject to 

an assessment of up to twice the amount claimed. These civil sanctions may be imposed under the 

Program Fraud Civil Remedies Act, 31 U.S.C. 3801-3812, as implemented in 49 CFR Part 31. 

Subpart B - General Procedure 

§ 136.101 Time limitations on claims.

(a) Except as provided under section 1012(h)(3) of the Act (33 U.S.C. 2712(h)(3)) (minors 

and incompetents), the Fund will consider a claim only if presented in writing to the 

Director, NPFC, within the following time limits: 

(1) For damages, within three years after --

(i) The date on which the injury and its connection with the incident in question were 

reasonably discoverable with the exercise of due care. 

(ii)In the case of natural resources damages under section 1002(b)(2)A) of the Act (33 

U.S.C. 2702(b)(2)(A)), the date under paragraph (a)(1)(i) of this section, or within 

three years from the date of completion of the natural resources damage assessment 

under section 1006(c) of the Act (33 U.S.C. 2706(c)), whichever is later. 

(2) For removal costs, within six years after the date of completion of all removal actions 

for the incident. As used in this paragraph, "date of completion of all removal 

actions" is defined as the actual date of completion of all removal actions for the 

incident or the date the FOSC determines that the removal actions which form the 

basis for the costs being claimed are complete, whichever is earlier. 

(b)Unless the Director, NPFC, directs in writing that the claim be submitted 

elsewhere, a claim is deemed presented on the date the claim is actually received at 

the National Pollution Funds Center, Suite 1000, 4200 Wilson Boulevard, 

Arlington, Virginia 22203-1804. If the Director, NPFC, directs that the claim be 

presented elsewhere, the claim is deemed presented on the date the claim is actually 

received at the address in the Commander's directive. 

§ 136.103 Order of Presentment.

(a) Except as provided in paragraph (b) of this section, all claims for removal costs or 

damages must be presented first to the responsible party or guarantor of the source 

designated under § 136-305. 

Chapter 7 7-11 
(b) Claims for removal costs or damages may be presented first to the Fund only --

(1) By any claimant, if the Director, NPFC, has advertised, or otherwise notified 

claimants in writing, in accordance with § 136.309(c); 

(2) By a responsible party who may assert a claim under section 1008 of the Act (33 

U.S.C. 2708); 

(3) By the Governor of a State for removal costs incurred by that State; or 

(4) By a United States claimant in a case where a foreign offshore unit has discharged oil 

causing damage for which the Fund is liable under section 1012(a) of the Act (33 

U.S.C. 2712(a)). 

(c) If a claim is presented in accordance with paragraph (a) of this section and --

(1) Each person to whom the claim is presented denies all liability for the claim; or 

(2) The claim is not settled by any person by payment within 90 days after the date upon 

which (A) the claim was presented, or (B) advertising was begun pursuant to § 

136.309(d), whichever is later, the claimant may elect to commence an action in 

court against the responsible party or guarantor or to present the claim to the Fund. 

(d) No claim of a person against the Fund will be approved or certified for payment during the 

pendency of an action by the person in court to recover costs which are the subject of the 

claim. 

§ 136.105 General requirements for a claim. 

(a) The claimant bears the burden of providing all evidence, information, and documentation 

deemed necessary by the Director, NPFC, to support the claim. 

(b) Each claim must be in writing for a sum certain for compensation for each category of 

uncompensated damages or removal costs (as described in Subpart C of this part) resulting 

from an incident. If at any time during the pendency of a claim against the Fund the 

claimant receives any compensation for the claimed amounts, the claimant shall 

immediately amend the claim. 

(c) Each claim must be signed in ink by the claimant certifying to the best of the claimant's 

knowledge and belief that the claim accurately reflects all material facts. 

(d) In addition to the other requirements of this section, any claim presented by a legal 

representative of the claimant must also be signed by the legal representative and 

(1) Be presented in the name of the claimant; 

(2) Show the title or legal capacity of the representative; and 

(3) Provide proof of authority to act for the claimant. 

(e) Each claim must include at least the following, as applicable.: 

(1) The full name, street and mailing addresses of residence and business, and telephone 

numbers of the claimant. 

(2) The date, time, and place of the incident giving rise to the claim. 

(3) The identity of the vessel, facility, or other entity causing or suspected to have caused 

the removal costs or damages claimed and the basis for such identity or belief. 

(4) A general description of the nature and extent of the impact of the incident, the costs 

associated with removal actions, and damages claimed, by category as delineated in 

Subpart C of this part, including, for any property, equipment, or similar item 

damaged, the full name, street and mailing address, and telephone number of the 

actual owner, if other than the claimant. 

(5) An explanation of how and when the removal costs or damages were caused by, or 

resulted from, an incident. 

(6) Evidence to support the claim. 

(7) A description of the actions taken by the claimant, or other person on the claimant's 

behalf, to avoid or minimize removal costs or damages claimed. 

Chapter 7 7-12 
(8) The reasonable costs incurred by the claimant in assessing the damages claimed. This 

includes the reasonable costs of estimating the damages claimed, but not attorney’s 

fees or other administrative costs associated with preparation of the claim. 

(9) To the extent known or reasonably identifiable by the claimant, the full name, street 

and mailing address, and telephone number of each witness to the incident, to the 

discharge, or to the removal costs or damages claimed, along with a brief description 

of that person's knowledge. 

(10) A copy of written communications and the substance of verbal communications, if 

any, between the claimant and the responsible party or guarantor of the source 

designated under ' § 136.305 and a statement indicating that the claim was presented 

to the responsible party or guarantor, the date it was presented, that it was denied or 

remains not settled and, if known, the reason why it was denied or remains not 

settled. 

(11) If the claimant has insurance which may cover the removal costs or damages 

claimed, the information required under § 136.111. 

(12) A statement by the claimant that no action has been commenced in court 

against the responsible party or guarantor of the source designated under § 136-305 

or, if an action has been commenced, a statement identifying the claimant's attorney 

and the attorney’s address and phone number, the civil action number, and the court 

in which the action is pending. 

(13) In the discretion of the Director, NPFC, any other information deemed relevant and 

necessary to properly process the claim for payment. 

§ 136.107 Subrogated claims. 

(a) The claims of subrogate (e.g., insured) and subrogee (e.g., insurer) for removal costs and 

damages arising out of the same incident should be presented together and must be signed 

by all claimants. 

(b) A fully subrogated claim is payable only to the subrogee. 

(c) A subrogee must support a claim in the same manner as any other claimant. 

§ 136.109 Removal costs and multiple items of damages. 

(a) A claimant must specify all of the claimant's known removal costs or damages arising out 

of a single incident when submitting a claim. 

(b) Removal costs and each separate category of damages (as described in Subpart C of this 

part) must be separately listed with a sum certain attributed to each type and category 

listed. 

(c) At the sole discretion of the Director, NPFC, removal costs and each separate category of 

damages may be treated separately for settlement purposes. 

§ 136.111 Insurance. 

(a) A claimant shall provide the following information concerning any insurance which may 

cover the removal costs or damages for which compensation is claimed: 

(1) The name and address of each insurer. 

(2) The kind and amount of coverage. 

(3) The policy number. 

(4) Whether a claim has been or will be presented to an insurer and, if so, the amount of 

the claim and the name of the insurer. 

(5) Whether any insurer has paid the claim in full or in part or has indicated whether or 

not payment will be made. 

(b) If requested by the Director, NPFC, the claimant shall provide a copy of the following 

material: 

Chapter 7 7-13 
(1) All insurance policies or indemnification agreements. 

(2) All written communications, and a summary of all oral communications, with any 

insurer or indemnifier. 

(c) A claimant shall advise the Director, NPFC, of any changes in the information provided 

under this section. 

§ 136.113 Other compensation. 

A claimant must include an accounting, including the source and value, of all other 

compensation received, applied for, or potentially available as a consequence of the 

incident out of which the claim arises including, but not limited to, monetary payments, 

goods or services, or other benefits. 

§ 136.115 Settlement and notice to claimant. 

(a) Payment in full, or acceptance by the claimant of an offer of settlement by the Fund, is 

final and conclusive for all purposes and, upon payment, constitutes a release of the Fund 

for the claim. In addition, acceptance of any compensation from the Fund precludes the 

claimant from filing any subsequent action against any person to recover costs or damages 

which are the subject of the compensated claim. Acceptance of any compensation also 

constitutes an agreement by the claimant to assign to the Fund any rights, claims, and 

causes of action the claimant has against any person for the costs and damages which are 

the subject of the compensated claims and to cooperate reasonably with the Fund in any 

claim or action by the Fund against any person to recover the amounts paid by the Fund. 

The cooperation shall include, but is not limited to, immediately reimbursing the Fund for 

any compensation received from any other source for the same costs and damages and 

providing any documentation, evidence, testimony, and other support, as may be necessary 

for the Fund to recover from any person. 

(b) Claimant's failure to accept an offer of settlement within 60 days after the date the offer 

was mailed to the claimant automatically voids the offer. The Director, NPFC, reserves 

the right to revoke an offer at any time. 

(c) A claimant will be notified in writing sent by certified or registered mail whenever a claim 

against the Fund is denied. The failure of the Director, NPFC, to make final disposition of 

a claim within six months after it is filed shall, at the option of the claimant any time 

thereafter, be deemed a final denial of the claim. 

(d) The Director, NPFC, upon written request of the claimant or of a person duly authorized to 

act on the claimant's behalf, reconsiders any claim denied. The request for reconsideration 

must be in writing and include the factual or legal grounds for the relief requested, 

providing any additional support for the claim. The request must be received by the 

Director, NPFC, within 60 days after the date the denial was mailed to the claimant or 

within 30 days after receipt of the denial by the claimant, whichever date is earlier. 

Reconsideration may only be requested once for each claim denied. The Director, NPFC 

will provide the claimant seeking reconsideration with written notification of the decision 

within 90 days after receipt of the request for reconsideration. This written decision is 

final. The failure of the Director, NPFC, to make final disposition of a reconsideration 

within 90 days after it is received shall, at the option of the claimant any time thereafter, 

be deemed a final denial of the reconsideration. 

Subpart C - Procedures for Particular Claims 

REMOVAL COSTS 

§ 136.201 Authorized claimants. 

A claim for removal costs may be presented by any claimant. 

Chapter 7 7-14 
§ 136.203 Proof. 

In addition to the requirements of Subparts A and B of this part, 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. 

§ 136.205 Compensation allowable. 

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. 

NATURAL RESOURCES 

§ 136.207 Authorized claimants. 

(a) Claims for uncompensated natural resource damages may be presented by an appropriate 

natural resources trustee. However, in order to facilitate the processing of these claims 

with respect to a single incident where multiple trustees are involved and to prevent 

double recovery, the affected trustees should select a lead administrative trustee who will 

present consolidated claims on behalf of the trustees. 

(b) A trustee may present a claim for the reasonable cost of assessing natural resources 

damages separately from a claim for the cost of developing and implementing plans for 

the restoration, rehabilitation, replacement, or acquisition of the equivalent of the natural 

resources damaged. 

§ 136.209 Proof. 

In addition to the requirements of Subparts A and B of this part, a trustee must do the 

following: 

(a) Submit the assessment and restoration plans which form the basis of the claim. 

(b) Provide documented costs and cost estimates for the claim. Final cost estimates for 

conducting damage assessments or implementing a restoration plan may form the basis for 

a claim against the Fund for an uncompensated natural resources damage claim. 

(c) Identify all trustees who may be potential claimants for the same natural resources 

damaged. 

(d) Certify the accuracy and integrity of any claim submitted to the Fund, and certify that any 

actions taken or proposed were or will be conducted in accordance with the Act and 

consistent with all applicable laws and regulations. 

(e) Certify whether the assessment was conducted in accordance with applicable provisions of 

the natural resources damage assessments regulations promulgated under section 

1006(e)(l) of the Act (33 U.S.C. 2706(e)(1)). Identify any other or additional damage 

assessment regulations or methodology utilized. 

(f) Certify that, to the best of the trustee's knowledge and belief, no other trustee has the right 

to present a claim for the same natural resources damages and that payment of any subpart 

of the claim presented would not constitute a double recovery for the same natural 

resources damages. 

Chapter 7 7-15 
§ 136.211 Compensation allowable. 

(a) The amount of compensation allowable is the reasonable cost of assessing damages, and 

the cost of restoring, rehabilitating, replacing, or acquiring the equivalent of the damaged 

natural resources. 

(b) In addition to any other provision of law respecting the use of sums recovered for natural 

resources damages, trustees shall reimburse the Fund for any amounts received from the 

Fund in excess of that amount required to accomplish the activities for which the claim 

was paid. 

REAL OR PERSONAL PROPERTY 

§ 136.213 Authorized claimants. 

(a) A claim for injury to, or economic losses resulting from the destruction of, real or personal 

property may be presented only by a claimant either owning or leasing the property. (b) 

Any claim for loss of profits or impairment of earned capacity due to injury to, destruction 

of, or loss of real or personal property must be included as subpart of the claim under this 

section and must include the proof required under § 136.233. 

§ 136.215 Proof. 

(a) In addition to the requirements of Subparts A and B of this part, a claimant must 

establish --

(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 injury occurred. 

(b) In addition, for each claim for economic loss resulting from destruction of real or personal 

property, the claimant must establish --

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

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

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

of the property. 

§ 136.217 Compensation allowable. 

(a) The amount of compensation allowable for damaged property is the lesser of --

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

the same condition which existed immediately before the damage; 

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

(3) The replacement value. 

(b) 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. 

(c) Compensation for a claim for loss of profits or impairment of earnings capacity under § 

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

Chapter 7 7-16 
SUBSISTENCE USE 

§ 136.219 Authorized claimants. 

(a) A claim for loss of subsistence use of natural resources may be presented only by a 

claimant who actually uses, for subsistence, the natural resources which have been injured 

destroyed, or lost, without regard to the ownership or management of the resources. 

(b) A claim for loss of profits or impairment of earning capacity due to loss of subsistence use 

of natural resources must be included as part of the claim under this section and must 

include the proof required under § 136.233. 

§ 136.221 Proof. 

In addition to the requirements of Subparts A and B of this part, a claimant must provide 

(a) The identification of each specific natural resource for which compensation for loss of 

subsistence use is claimed; 

(b) A description of the actual subsistence use made of each specific natural resource by the 

claimant; 

(c) A description of how and to what extent the claimant's subsistence use was affected by the 

injury to or loss of each specific natural resource; 

(d) A description of each effort made by the claimant to mitigate the claimant's loss of 

subsistence use; and 

(e) A description of each alternative source or means of subsistence available to the claimant 

during the period of time for which loss of subsistence is claimed, and any compensation 

available to the claimant for loss of subsistence. 

§ 136.223 Compensation allowable. 

(a) The amount of compensation allowable is the reasonable replacement cost of the 

subsistence loss suffered by the claimant if, during the period of time for which the loss of 

subsistence is claimed, there was no alternative source or means of subsistence available. 

(b) The amount of compensation allowable under paragraph (a) of this section must be reduced 

by --

(1) All compensation made available to the claimant to compensate for subsistence loss; 

(2) All income which was derived by utilizing the time which otherwise would have been 

used to obtain natural resources for subsistence use; and 

(3) Overheads or other normal expenses of subsistence use not incurred as a result of the 

incident. 

(c) Compensation for a claim for loss of profits or impairment of earning capacity under ' § 

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

GOVERNMENT REVENUES 

§ 136.225 Authorized claimants. 

A claim for net loss of revenue due to the injury, destruction, or loss of real property, personal 

property, or natural resources may be presented only by an appropriate claimant sustaining the loss. 

As used in this section and § 136.227, "revenue" means taxes, royalties, rents, fees, and net profit 

shares. 

§ 136.227 Proof. 

In addition to the requirements of Subparts A and B, a claimant must establish --

(a) The identification and description of the economic loss for which compensation is 

claimed, including the applicable authority, property affected, method of assessment, rate, 

and method and dates of collection; 

Chapter 7 7-17 
(b) That the loss of revenue was due to the injury to, destruction of, or loss of real or personal 

property or natural resources; 

(c) The total assessment or revenue collected for comparable revenue periods; and 

(d) The net loss of revenue. 

§ 136.229 Compensation allowable. 

The amount of compensation allowable is the total net revenue actually lost. 

PROFITS AND EARNING CAPACITY 

§ 136-231 Authorized claimants. 

(a) A claim for loss of profits or impairment of earning capacity due to the injury to, 

destruction of, or loss of real or personal property or natural resources may be presented 

by a claimant sustaining the loss or impairment. The claimant need not be the owner of the 

damaged property or resources to recover for lost profits or income. 

(b) A claim for loss of profits or impairment of earning capacity that also involves a claim for 

injury to, or economic losses resulting from destruction of, real or personal property must 

be claimed under 

§ 136.213. 

(c) A claim for loss of profits or impairment of earning capacity that also involves a claim for 

loss of subsistence use of natural resources must be claimed under § 136.219. 

§ 136.233 Proof. 

In addition to the requirements of Subparts A and B of this part, a claimant must establish the 

following--

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

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

loss of the 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 receives 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. 

§ 136-235 Compensation allowable. 

The amount of compensation allowable 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 undertaken, 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. 

Chapter 7 7-18 
--

GOVERNMENT PUBLIC SERVICES 

§ 136.237 Authorized claimants. 

A claim for net costs of providing increased or additional public services during or after 

removal activities, including protection from fire, safety, or health hazards, caused by a discharge of 

oil may be presented only by a State or a political subdivision of a State incurring the costs. 

§ 136.239 Proof. 

In addition to the requirements of Subparts A and B of this part, a claimant must establish--

(a) The nature of the specific public services provided and the need for those services; 

(b) That the services occurred during or after removal activities; 

(c) That the services were provided as a result of a discharge of oil and would not otherwise 

have been provided; and 

(d) The net cost for the services and the methods used to compute those costs. 

§ 136.241 Compensation allowable. 

The amount of compensation allowable is the net cost of the increased or additional service 

provided by the State or political subdivision. 

Subpart D - Designation of Source and Advertisement 

GENERAL 

§ 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 presented to the responsible party or guarantor. 

§ 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 § 136.305. 

DESIGNATION OF SOURCE 

§ 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 and 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 regarding the incident, 

advertisement of the incident or denial of designation should be directed. 

Chapter 7 7-19 
§ 136.307 Denial of designation. 

(a) Within five days after receiving a Notice of Designation under § 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 

§ 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 § 

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 

§ 136.305. 

(e) If there is no designation under § 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. 

§ 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. 

Chapter 7 7-20 
§ 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. 

PART 137 - DEEPWATER PORT LIABILITY FUND 

8. The authority citation for Part 137 continues to read as follows: 

Authority: 33 U.S.C. 1509(a), 1512(a), 1517(j)(1); 49 CFR 1.46. 

Subpart F [Removed and Reserved] 

9. In Part 137, Subpart F, Claims Procedures, is removed and reserved. 

Dated: 

___________________________________ 

Daniel F. Sheehan, Director 

National Pollution Funds Center 

Chapter 7 7-21 
This Page Intentionally Left Blank 

Chapter 7 7-22