33 C.F.R. § 136.105

General requirements for a claim

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(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.

(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.

Notes of Decisions

Cited in 18 cases (2 in the last 5 years), 1993–2022 · leading case: Chuc Nguyen v. Am. Com. Lines, L, 805 F.3d 134 (5th Cir. 2015).

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Chuc Nguyen v. Am. Com. Lines, L, 805 F.3d 134 (5th Cir. 2015). · cites it 9× “ACL then points to 33 C.F.R. § 136.105 — the OPA claims procedure regulation promulgated by the Coast Guard governing the supporting materials claimants must include when filing claims against the Fund — as its justification for requiring claimants to submit additional…”

United States v. Am. Com. Lines, L.L.C, 759 F.3d 420 (5th Cir. 2014). · cites it 2× “See 33 C.F.R. §§ 136.105 , 136.201, 136.203, 136.”

Savage Servs. Corp. v. United States, 25 F.4th 925 (11th Cir. 2022). “§ 2713(a), (e); see generally 33 C.F.R. § 136.105 (setting out the “[g]eneral requirements for a claim” under the drawn—and detailed—OPA came into being, plaintiffs like Savage could no longer invoke general maritime law (in conjunction with the SAA) to create a cause of action…”

Smith Prop. Holdings, 4411 Connecticut L.L.C. v. United States, 311 F. Supp. 2d 69 (D.D.C. 2004). · cites it 2× “” 33 C.F.R. § 136.105 . B. The Discharge in this Case Smith Property Holdings 4411 Connecticut LLC (“Smith”), “is a limited liability corporation incorporated under the laws of Delaware with its principal place of business [in] .”

Water Quality Ins. Syndicate v. United States, 225 F. Supp. 3d 41 (D.D.C. 2016). “The limitation on liability for removal costs is subject to statutory exceptions that remove the liability cap and the concomitant authority for the responsible party to obtain reimbursement from the Fund.”

Bean Dredging, LLC v. United States, 773 F. Supp. 2d 63 (D.D.C. 2011). “33 C.F.R. § 136.105 (e)(6). The determination of whether any other information is “relevant and necessary to properly process the claim” is expressly vested in the “discretion” of the NPFC, not the claimant.”

United States v. E.R.R., 35 F.4th 405 (5th Cir. 2022). “§ 2713 (c); see also 33 C.F.R. §§ 136.105 , 136.203, 136.205. And if the Fund pays the removal expenses, then the Government receives by subrogation “all rights, claims and causes of action that the claimant has.”

Johnson v. Colonial Pipeline Co., 830 F. Supp. 309 (E.D. Va. 1993). “See 33 C.F.R. §§ 136.105 , 136.109. Measured against the purposes of the OPA claims presentation procedure, as well as the Coast Guard regulations, the plaintiffs’ April 7 letter is plainly inadequate.”

Gatlin Oil Co., Inc., a North Carolina Corp. v. United States of Am. Dep't of Transp., 169 F.3d 207 (4th Cir. 1999). “33 CFR § 136.105 (d)(8). Gatlin Oil calculated costs under the mistaken assumption that the Fund should compensate it for all of its damages.”

Great Am. Ins. v. United States, 55 F. Supp. 3d 1053 (N.D. Ill. 2014). “” 33 C.F.R. § 136.105 (a). Thus, it is clear that the burden is on the responsible party to present the evidence necessary for the NPFC to fully understand the situation, circumstances, and events leading up to and through the incident and release in order to make a reasonable…”

Am. S.S. Owners Mut. Prot. & Indem. Ass'n, Inc. v. United States of Am. (E.D.N.Y 2020). · cites it 7× “” 33 C.F.R. § 136.105 (b). The Claims Regulations further specify that each claim must include, at a minimum: 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…”

Chuc Nguyen v. Am. Com. Lines, L (5th Cir. 2015). · cites it 10× “33 C.F.R. § 136.105 . Based on 33 U.S.C. §§ 2713 and 2714 and 33 C.”

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