# 33 CFR § 136.103: Order of presentment

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-33-136.103

## Section

- **Citation:** 33 CFR § 136.103
- **Heading:** Order of presentment
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 33—Navigation and Navigable Waters > CHAPTER I—COAST GUARD, DEPARTMENT OF HOMELAND SECURITY > SUBCHAPTER M—MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION > PART 136—OIL SPILL LIABILITY TRUST FUND › CLAIMS PROCEDURES › DESIGNATION OF SOURCE › AND ADVERTISEMENT > Subpart B—General Procedure

## Text

(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 § 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 § 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—
(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 § 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]

## Nearby sections

- [33 CFR § 136.1 § 136.1 Purpose and applicability.](https://www.frixlaw.com/law-library/statutes/ecfr-33-136.1.md)
- [33 CFR § 136.3 § 136.3 Information.](https://www.frixlaw.com/law-library/statutes/ecfr-33-136.3.md)
- [33 CFR § 136.5 § 136.5 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-33-136.5.md)
- [33 CFR § 136.7 § 136.7 Foreign claimants.](https://www.frixlaw.com/law-library/statutes/ecfr-33-136.7.md)
- [33 CFR § 136.9 § 136.9 Falsification of claims.](https://www.frixlaw.com/law-library/statutes/ecfr-33-136.9.md)
- [33 CFR § 136.101 § 136.101 Time limitations on claims.](https://www.frixlaw.com/law-library/statutes/ecfr-33-136.101.md)
- [33 CFR § 136.103 § 136.103 Order of presentment.](https://www.frixlaw.com/law-library/statutes/ecfr-33-136.103.md)
- [33 CFR § 136.105 § 136.105 General requirements for a claim.](https://www.frixlaw.com/law-library/statutes/ecfr-33-136.105.md)
- [33 CFR § 136.107 § 136.107 Subrogated claims.](https://www.frixlaw.com/law-library/statutes/ecfr-33-136.107.md)
- [33 CFR § 136.109 § 136.109 Removal costs and multiple items of damages.](https://www.frixlaw.com/law-library/statutes/ecfr-33-136.109.md)
- [33 CFR § 136.111 § 136.111 Insurance.](https://www.frixlaw.com/law-library/statutes/ecfr-33-136.111.md)
- [33 CFR § 136.113 § 136.113 Other compensation.](https://www.frixlaw.com/law-library/statutes/ecfr-33-136.113.md)
- [33 CFR § 136.115 § 136.115 Settlement and notice to claimant.](https://www.frixlaw.com/law-library/statutes/ecfr-33-136.115.md)
- [33 CFR § 136.201 § 136.201 Authorized claimants.](https://www.frixlaw.com/law-library/statutes/ecfr-33-136.201.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-33-136.103. Check the current official text before relying on it. Not legal advice.