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 4802 7460 28 November 2011 

Country Cruise and Travel 

C/O 

1732 Front Street

Slidell, LA 70458 

RE: Claim Number: N10036-1495 

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 N10036-1495 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 N10036-1495. 

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 N10036-1495

Claimant Country Cruise and Travel 

Type of Claimant Private (US)

Type of Claim Loss of Profits and Impairment of Earnings Capacity

Amount Requested $210,225.00

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 12 October 2011, Country Cruise and Travel (Claimant) presented an optional Oil Spill 

Liability Trust Fund (OSLTF) claim form seeking $210,225.00 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 is a cruise and travel company located in Slidell, Louisiana.

1

 The company alleges 

that the oil spill affected the amount of revenue the company annually collects due to the fact 

that “people were afraid to take cruises and beach vacations” and that there were “many 

cancellations”2 received by the Claimant. 

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.

(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.

1 Optional OSLTF claim form dated 30 September 2011. 

2 Optional OSLTF claim form dated 30 September 2011. 

 
(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: 

− Optional OSLTF claim form dated 30 September 2011. 

− Country Cruise and Travel ticket package sales for 2010 and 2011. 

− GCCF appeal form 2000-AF

Claimant seeks lost profits and impairment of earnings capacity in the amount of $210,225.00.

On 18 October 2011, the NPFC sent a letter to the Claimant requesting additional information in 

order to further evaluate the claim. The Claimant did not respond to the request. The letter was 

sent Certified Mail Return Receipt Requested. The USPS Tracking site showed the letter was 

delivered 01 November 2011.

3

Prior to presenting her claim to the NPFC, the Claimant filed an Emergency Advance Payment 

(EAP) with the GCCF on 05 September 2010 in the amount of $20,000.00.4

 She was assigned 

Claimant ID #1018720 and claim #3003003.5 This claim was denied on 02 November 2010.6

3 USPS tracking #7011 1570 0001 4802 6708.

4 Report from the GCCF dated 21 November 2011. 

5 Report from the GCCF dated 21 November 2011.

6 GCCF Denial Letter dated 02 November 2010. 

 
Additionally, the Claimant filed a Full Review Final claim (FRF) with the GCCF and she was 

assigned GCCF #9138183 and an Interim claim (ICQ42011) with claim #9534890. The FRF 

was filed on 04 January 2011 for $5,000.00 and the ICQ42011 was filed on 15 November 2011 

for $241,012.00.7 These two claims are both currently under review by the GCCF.8

 Based upon 

the evidence provided by the Claimant, it appears that the subject matter for each of the GCCF 

claims is the same as the subject matter of her claim before the NPFC, i.e., that the company lost 

profits as a result of the Deepwater Horizon oil spill. The NPFC deems the EAP and FRF claims 

totaling $25,000.00 to be properly presented to the responsible party and properly presented to 

the NPFC. Accordingly, this Claim Summary determination for NPFC Claim N10036-1495 

considers and addresses the earnings claimed in two of the three claims presented to the 

responsible party, specifically; GCCF Claim #’s 3003003 (EAP) and 9138183 (FRF) in the 

amount of $25,000.00.9

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. 

The ICQ42011 claim was presented to the responsible party (RP) on 15 November 2011.10

Under 33 C.F.R. §136.103(a) all claims for removal costs or damages must be presented first to 

the RP. Under §136.103(c), a claim may be presented to the OSLTF if it has been denied or not 

settled by payment within ninety days after presentment to the RP. 

Here, ICQ42011 has not met the requirements under §136.103(a). The EAP and FRF claims that 

were properly presented to the RP are for the amount of $25,000.00.11 The Claimant presented a 

claim to the OSLTF for $210,225.00.12 Any claimed amount of damages exceeding $25,000.00, 

an amount totaling $185,225.00, are prematurely before the NPFC and are denied. 13 The 

Claimant may submit another claim to the NPFC relating to ICQ42011 once she meets the 

regulatory requirements outlined above. To the extent that the subject matter of ICQ42011 is the 

same or similar to her other GCCF claims, the NPFC will take this determination into 

consideration when reviewing future claims submitted by the Claimant. 

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. The letter requested, among other 

things, financial documentation for an accurate accounting of the Claimant’s losses, how the oil 

spill affected the company in 2011 but not in 2010 after the oil spill, and documentation of the 

alleged cancellations the Claimant mentioned in the optional OSLTF claim form dated 30 

September 2011. It was sent on 18 October 2011.14 On 01 November 2011 the letter was 

7 Report from the GCCF dated 21 November 2011.

8 Report from the GCCF dated 21 November 2011. 

9 Report from the GCCF dated 21 November 2011.

10 Report from the GCCF dated 21 November 2011. 11 Report from the GCCF dated 21 November 2011. 12 Optional OSLTF claim form dated 30 September 2011. 13 $210,225.00 minus $25,000.00 equals $185,225.00. 14 USPS tracking #7011 1570 0001 4802 6708.

 
delivered to the Claimant’s address of record.

15 To date no response has been received by the 

NPFC. 

The NPFC has evaluated the claim based upon the limited evidence the Claimant originally 

submitted. The only evidence submitted on behalf of the Claimant’s alleged loss is a 

handwritten document with one whole number representing each month for 2010 and 2011.

16

The dollar amounts for the 2011 months are subtracted from the dollar amounts for the 

corresponding 2010 months to calculate the alleged loss of $210,225.00.17 The NPFC requested 

monthly profit and loss statements, business tax returns, and other documentation relating to 

contract cancellations to support the alleged loss.18 As of the date of this determination, the 

Claimant has not responded to the NPFC’s requested documentation. Accordingly, the Claimant 

has not established that she has either experienced a financial loss or that the alleged loss is due 

to the Deepwater Horizon oil spill.

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: 11/28/11

Supervisor’s Actions: Denial approved

Supervisor’s Comments:

15 USPS tracking #7011 1570 0001 4802 6708. 16 Country Cruise and Travel ticket and package sales for 2010 and 2011. 17 Country Cruise and Travel ticket and package sales for 2010 and 2011. 18 USPS tracking #7011 1570 0001 4802 6708.