(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.
Notes of Decisions
Water Quality Ins. Syndicate v. United States, 225 F. Supp. 3d 41 (D.D.C. 2016).
· cites it 3× “As a threshold matter, the plaintiff demands that the NPFC’s Second Denial Decision be stricken from the administrative record due to the NPFC’s failure to respond in a timely manner to plaintiffs reconsideration request within 90 days, as required by 33 C.F.R. § 136.115 (d).…”
United States v. Am. Com. Lines, L.L.C, 759 F.3d 420 (5th Cir. 2014).
· cites it 3× “§ 2712 (f); see also 33 C.F.R. § 136.115 (a) (compensation from the Fund includes an assignment to the government of the claimant’s rights against third parties).”
Bean Dredging, LLC v. United States, 773 F. Supp. 2d 63 (D.D.C. 2011).
· cites it 2× “33 C.F.R. § 136.115 (d). But even setting aside the fact that the regulation has no applicability where, as here, the agency is revisiting its final decision upon remand from the district court, reconsideration may be requested “only .”
Katherine Graham v. United States, 96 F.3d 446 (9th Cir. 1996).
“15 (denial of any administrative claim on reconsideration sent by Department of the Navy to claimant); 33 C.F.R. § 136.115 (denial of claim against Oil Spill Liability Trust Fund mailed to claimant by Department of Transportation); 39 C.”
Apex Oil Co., Inc. v. United States, 208 F. Supp. 2d 642 (E.D. La. 2002).
“In its March 3, 2000 determination, the final agency action pursuant to 33 C.F.R. § 136.115 (d), the NPFC Claims Division again denied Apex’s claim for recovery costs and, in connection with its denial, issued a nine-page legal analysis rejecting the “act of God” defense.”
Water Quality Ins. Syndicate v. United States, 632 F. Supp. 2d 108 (D. Mass. 2009).
“Under 33 C.F.R. § 136.115 (d), the NPFC has 90 days from the date it receives a request for reconsideration to either deny or grant the request.”
Taylor Energy Co. LLC v. United States (D.D.C. 2020).
· cites it 4× “This arrangement violated procedures for reconsideration set out 33 C.F.R. § 136.115 (d), according to Taylor Energy, because those regulations allow only a claimant, and not the NPFC, to gather further evidence during the reconsideration process.”
Taylor Energy Co. LLC v. United States (D.D.C. 2021).
· cites it 2× “See 33 C.F.R. § 136.115 (c). Indeed, the NPFC issued its Claim Determination 179 days after Taylor Energy’s claim submission, i.”
United States v. Am. Com. Lines (5th Cir. 2014).
· cites it 3× “§ 2712 (f); see also 33 C.F.R. § 136.115 (a) (compensation from the Fund includes an assignment to the government of the claimant’s rights against third parties).”
Bean Dredging, LLC v. United States (D.D.C. 2011).
· cites it 2× “33 C.F.R. § 136.115 (d). But even setting aside the fact that the regulation 15 has no applicability where, as here, the agency is revisiting its final decision upon remand from the district court, reconsideration may be requested “only .”
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