a

(2) "Designated source" means vessel or offshore facility which has been designated by the Commandant as a source of oil pollution.

(3) "Occurrences which pose an imminent threat of oil pollution" means those incidents that are likely to result in a discharge of oil and include, but are not limited to: vessel collisions, grounding or stranding; structural failure in a tank, pipeline or other oil handling system; fire, explosion or other events which may cause structural damage to a vessel or offshore facility.

NOTIFICATION

$135.305 Notification procedures.

(a) The person in charge of a vessel or offshore facility that is involved in an incident, including Occurrences which pose an imminent threat of oil pollution shall, as soon as that person has knowledge of the incident, immediately notify by telephone, radio telecommunication or a similar rapid

means of communication, in the following order of preference

(1) (Within or offshore of the 48 contiguous States only) The Duty Officer, National Response Center, U.S. Coast Guard, 400 Seventh Street SW., Washington, D.C. 20590, toll free telephone number 800-424-8802; or

(2) The commanding officer or supervisor of any Coast Guard Marine Safety Office, Captain of the Port Office, Marine Safety Detachment or Port Safety Detachment in the vicinity of the incident; or

(3) The commanding officer or officer in charge of any other Coast Guard unit in the vicinity of the incident; or

(4) The Commander of any Coast Guard District.

(b) Notification given in accordance with this subpart constitutes fulfillment of the requirements of Subpart C of 33 CFR Part 153 concerning Notice of the Discharge of Oil.

(a) In each notification provided under § 135.305, the person in charge of the vessel or offshore facility involved in the incident shall provide his or her name and telephone number, or radio call sign, and, to the extent known, the

(1) Location, date and time of the incident;

(2) Quantity of oil involved; (3) Cause of the incident;

(4) Name or other identification of the vessel or offshore facility involved; (5) Size and color of any slick or sheen and the direction of movement; (6) Observed on scene weather conditions, including wind speed and direction, height and direction of seas, and any tidal or current influence present;

(7) Actions taken or contemplated to secure the source or contain and remove or otherwise control the discharged oil;

(8) Extent of any injuries or other damages incurred as a result of the incident;

(9) Observed damage to living natural resources; and

(10) Any other information deemed relevant by the reporting party or re

quested by the person receiving the notification.

(b) The person giving notification of an incident must not delay notification to gather all required information and must provide any information not immediately available when it becomes known.

DESIGNATION

§ 135.309 Notice of Designation.

(a) Upon learning of an incident which involves oil pollution, the Commandant designates, where possible, the source of the oil pollution and so notifies the owner, operator and any guarantor.

(b) Designation is made by a written Notice of Designation containing, to the extent known:

(1) The name of the vessel or offshore facility being designated as the source of oil pollution;

(2) The location, date, and time of the incident;

(3) The quantity of oil involved; (4) The procedures for accepting or denying the designation;

(5) The initial requirements of advertising, if any; and

(6) The name, address and telephone number of the responsible Federal official to whom further communication regarding the incident, advertisement of the incident, or denial of designation should be directed.

§ 135.311 Denial of designation.

(a) The owner, operator or guarantor of a designated source may deny a designation within five days after receipt of a written Notice of Designation.

(b) A denial of designation must be in writing and

(1) Identify the Notice of Designation; and

(2) Be submitted to the official named in the Notice of Designation.

(c) Failure to deny a designation does not, in and of itself, constitute acceptance of liability under the Act for losses resulting from the incident described in the Notice of Designation.

ADVERTISEMENT

§ 135.313 Advertisement determinations.

(a) The Commandant shall determine whether each incident has caused, or is likely to cause, economic loss covered by section 303 (a) of the Act. Where such loss has occurred or is likely to occur, the type, scope, and frequency of advertisement required shall be determined as provided in paragraph (b) of this section.

(b) In making the determination specified in paragraph (a) of this section, the Commandant considers—

(1) The nature and extent of economic losses that have occurred or are likely to occur;

(2) The persons who are likely to incur economic losses;

(3) the geographical area that is or is likely to be affected;

(4) The most effective method of reasonably notifying potential claimants of the designation and procedures for submitting claims; and

(5) Any relevant information or recommendations submitted by the owner, operator or guarantor of the designated source.

(c) The Commandant provides, in writing, the specific requirements for advertising for each pollution incident to the designated representatives of the owner, operator, or guarantor.

§ 135.315 Types of advertisement.

(a) Advertisement required by this subpart shall be made by one or more of the following means:

(1) Paid advertisement in a newspaper, or newspapers, having general circulation in the area designated by the Commandant;

(2) A public service announcement on commercial radio and television stations serving the area designated by the Commandant, when such services are available;

(3) Notice posted in marinas, marine supply stores, bait and tackle shops and other appropriate business establishments or public facilities in the area designated by the Commandant;

(4) News release to all newspapers, radio and television stations serving the area designated by the Commandant; and

(5) Publication in the Notice to Mariners.

§ 135.317 Frequency and geographical scope of advertisement.

(a) The frequency and geographical coverage of advertisement depends upon the circumstances of each incident and will be specified by the Commandant.

(b) When required, the substance of the required advertisement will be published in at least four successive editions of the Local Notice to Mariners.

§ 135.319

Content of advertisement.

(a) Each advertisement required by this subpart must specify the

(1) Location, date, and time of the incident;

(2) Geographical area affected, as determined by the Commandant;

(3) Quantity of oil involved;

(4) Name or other description of the source designated by the Commandant;

(5) Identity of the owner, operator or guarantor of the source;

(6) Name, address, telephone number, office hours and work days of the person or persons to whom claims are to be presented and from whom claim information can be obtained.

Subpart E-Access, Denial, and Detention

$ 135.401 Access to vessel Certificates of Financial Responsibility.

(a) The owner, operator, master or agent of any vessel subject to the Act shall, upon request by any Coast Guard officer or petty officer, permit access to the vessel and produce for examination the Certificate of Financial Responsibility.

§ 135.403 Sanctions for failure to produce vessel Certificates of Financial Responsibility.

(a) The Captain of the Port issues denial or detention orders to the owner, operator, agent, or master of any vessel that cannot show upon request a valid Certificate of Financial Responsibility issued under the Act.

(b) A denial order forbids entry of any vessel subject to the Act to any port or place in the United States or to the navigable waters of the United States.

(c) A detention order detains any vessel subject to the Act at the port or place in the United States from which it is about to depart for any other port or place in the United States.

(d) The Captain of the Port terminates a denial or detention order when the owner, operator, agent, or master of a vessel furnishes adequate evidence that the certification of financial responsibility requirements under the Act have been met.

§ 135.405 Appeal provisions.

(a) The owner, operator, agent or master of a vessel issued a denial or detention order under this subpart may petition the District Commander in any manner to review that order.

(b) Upon completion of review, the District Commander affirms, sets aside, or modifies the order.

(c) Unless otherwise determined by the District Commander a denial or detention order remains in effect pending the outcome of any petition or appeal of that order.

(d) The District Commander acts on all petitions or appeals within 10 days of receipt.

(e) The decision of the District Commander is final agency action.

AUTHORITY: Title III, Pub. L. 95-372, 92 Stat. 670 (43 U.S.C. 1811 et seq.); 49 CFR 1.46.

SOURCE: CGD 77-055, 44 FR 16873, Mar. 19, 1979, unless otherwise noted.

Subpart A-Introduction

§ 136.1 Purpose.

(a) This part prescribes uniform procedures and standards for the settlement of claims against the Offshore Oil Pollution Compensation Fund (the Fund) for economic loss, including removal costs, resulting from or arising out of oil pollution from certain Outer Continental Shelf activities as authorized by and in accordance with Title III of the Outer Continental Shelf Lands Act Amendments of 1978 (Pub. L. 95-372; 43 U.S.C. 1811-1824).

§ 136.3 Information.

(a) Any person who desires to file a claim against the Fund may obtain information from the Administrator, Offshore Oil Pollution Compensation Fund, U.S. Coast Guard Headquarters (G-W/73), 2100 Second Street SW., Washington, D.C. 20593.

§ 136.5 Definitions.

(a) As used in this part, the following terms shall have the same meaning as defined in section 301 of Title III of the Outer Continental Shelf Lands Act Amendments of 1978 (Pub. L. 95-372): "claims"; "cleanup costs"; "damages"; "foreign claimant"; "Fund"; "guarantor"; "incident"; "offshore facility"; "oil pollution"; "operator"; "owner"; "person"; "property"; "removal costs"; "State"; "United States"; "United States claimant"; and "vessel".

(b) As used in this part

(1) "Act" means Title III of the Outer Continental Shelf Lands Act Amendments of 1978 (Pub. L. 95-372, 43 U.S.C. 1811-1824), entitled "Offshore Oil Spill Pollution Fund".

(2) "Administrative Law Judge" means any person designated by the Commandant under 5 U.S.C. 3105 and assigned to hear and resolve disputed claims in accordance with section 307 [i] of the Act.

(3) "Commandant" means the Commandant of the Coast Guard or that person's authorized representative.

(4) "Fund Administrator" means the person to whom the authority and functions of the Commandant as administrator of the Fund are delegated.

(5) "Fund Claims Adjuster" means a person authorized to receive, review, adjust, and pay claims on behalf of the Fund.

(6) "Natural resources" means land, fish, wildlife, biota, air, water, and other such resources belonging to, managed by, held in trust by, appertaining to or otherwise controlled by the United States (including the resources of the fishery conservation zone established by the Fishery Conservation and Management Act of 1976), any state or local government, or any foreign government.

(7) "Oil" means petroleum, including crude oil or any fraction or residue therefrom and natural gas condensate, except that the term does not include ¡natural gas.

(8) "Outer Continental Shelf" means "outer Continental Shelf" as defined in section 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)).

(9) "Panel" means a three member panel appointed by the Secretary of Transportation in accordance with section 307(h) of the Act.

§ 136.7 Foreign claims.

(a) Claims may be presented by foreign claimants for economic loss, except for loss of tax revenues, to the same extent that compensation for economic loss may be claimed by any United States claimant when the conditions of section 303(b)(6) of the Act are met.

(b) Foreign claims must be submitted in accordance with the regulations of this part and any additional instructions of the Fund Administrator.

(c) Before any foreign claim may be paid, the Fund Administrator certifies that the foreign claim is appropriate for consideration by the Fund.

Subpart B-General

TIMELINESS

§ 136.101 Time limitation on claims.

(a) A claim will not be considered by the Fund unless presented, in writing, to the Fund within three years of discovery of the economic loss for which compensation is sought or within six years of the date of the incident which resulted in the loss, whichever is earli

er.

(b) When necessary to meet this section, a claim may be presented to the Fund even though the claim has been presented to and is under consideration by the owner, operator, or guarantor of a designated source, or other person.

(c) A claim is presented on the date the claim is actually received by a Fund Claims Adjuster or Fund Administrator.

PRESENTMENT

§ 136.103 Federally authorized removal

costs.

(a) Claims for federally authorized removal costs incurred under subsection (c), (d), or (1) of section 311 of the Federal Water Pollution Control Act, and section 5 of the Intervention on the High Seas Act must be presented to the fund established by section 311(k) of the Federal Water Pollution Control Act (33 U.S.C. 1251-1376) in accordance with the regulations of Subpart D of 33 CFR, Part 153.

§ 136.105 Other claims.

(a) If the source of pollution is known, claims must be presented to the owner, operator, or guarantor of the source, except where the Fund Administrator has advertised or otherwise notified claimants and potential claimants that the claims may be presented to the Fund.

(b) A claim presented to the owner, operator, or guarantor of the source of pollution which is denied for any reason or not settled by payment within sixty days may be presented to the Fund.

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