[Code of Federal Regulations]
[Title 33, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR136.101]

[Page 70]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
   CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
 
PART 136--OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION 
OF SOURCE; AND ADVERTISEMENT--Table of Contents
 
                      Subpart B--General Procedure
 
Sec. 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(e) of the Act (33 U.S.C. 2706(e)), 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 completed, 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 directive.

[CGD 91-035, 57 FR 36316, Aug. 12, 1992; 57 FR 41104, Sept. 9, 1992]