[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: 33CFR136.103]

[Page 70-71]
 
                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. 136.103  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 Sec. 136.305.
    (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 Sec. 
136.309(e);
    (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--

[[Page 71]]

    (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 Sec. 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.

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