Document
14 CFR Ch. I (1–1–25 Edition) Pt. 15 for money damages in a sum certain PART 15—ADMINISTRATIVE CLAIMS for injury to, or loss of, property or for UNDER FEDERAL TORT CLAIMS ACT personal injury or death, alleged to have occurred by reason of the inci- Subpart A—General Procedures dent. A claim which should have been Sec.
presented to the FAA but which was 15.1 Scope of regulations.
mistakenly filed with another Federal 15.3 Administrative claim, when presented; agency, is deemed presented to the appropriate office.
FAA on the date the claim is received 15.5 Administrative claim, who may file.
by the FAA at a place designated in 15.7 Administrative claims; evidence and in- formation to be submitted. paragraph (b) of this section. A claim 15.9 Investigation and examination.
addressed to, or filed with, the FAA by mistake will be transferred to the ap- Subpart B—Indemnification Under Section propriate Federal agency, if that agen- 1118 of the Federal Aviation Act of 1958 cy can be determined, or returned to the claimant.
15.101 Applicability.
15.103 Exclusions. (b) Claims shall be delivered or 15.105 Filing of requests for indemnifica- mailed to the Assistant Chief Counsel, tion.
Litigation Division, AGC–400, Federal 15.107 Notification requirements.
Aviation Administration, 800 Independ- 15.109 Settlements.
ence Avenue, SW., Washington, DC 15.111 Conduct of litigation.
20591, or alternatively, may be mailed 15.113 Indemnification agreements.
15.115 Payment. or delivered to the Regional Counsel in any of the FAA Regional Offices or the A UTHORITY : 5 U.S.C. 301; 28 U.S.C. 2672, 2675; Assistant Chief Counsel, Europe, Afri- 49 U.S.C. 106(g), 40113, 44721.
ca, and Middle East Area Office.
(c) Claim forms are available at each Subpart A—General Procedures location listed in paragraph (b) of this section.
S OURCE : Docket No. 25264, 52 FR 18171, May (d) A claim presented in accordance 13, 1987, unless otherwise noted.
with this section may be amended by the claimant at any time prior to final § 15.1 Scope of regulations.
FAA action or prior to the exercise of (a) These regulations apply to claims the claimant’s option, under 28 U.S.C.
asserted under the Federal Tort Claims 2675(a), to deem the agency’s failure to Act, as amended, for money damages make a final disposition of his or her against the United States for injury to, claim within 6 months after it was filed or loss of property, or for personal in- as a final denial. Each amendment to a jury or death, caused by the negligent claim shall be submitted in writing and or wrongful act or omission of an em- signed by the claimant or the claim- ployee of the FAA acting within the ant’s duly authorized agent or legal scope of office or employment. The reg- representative. Upon the timely filing ulations in this part supplement the of an amendment to a pending claim, Attorney General’s regulations in 28 the FAA has 6 months thereafter in CFR part 14, as amended. The regula- which to make a final disposition of tions in 28 CFR part 14, as amended, the claim as amended, and the claim- and the regulations in this part apply ant’s option under 28 U.S.C. 2675(a) does to consideration by the FAA of admin- not accrue until 6 months after the fil- istrative claims under the Federal Tort ing of the amendment.
Claims Act.
[Doc. No. 18884, 44 FR 63723, Nov. 5, 1979, as § 15.3 Administrative claim, when pre- amended by Amdt. 15–1, 54 FR 39290, Sept. 25, sented; appropriate office.
1989; Amdt. 15–4, 62 FR 46866, Sept. 4, 1997] (a) A claim is deemed to have been § 15.5 Administrative claim, who may presented when the FAA receives, at a file.
place designated in paragraph (b) of this section, an executed Standard (a) A claim for injury to, or loss of, Form 95 or other written notification property may be presented by the of an incident, accompanied by a claim owner of the property interest which is Federal Aviation Administration, DOT § 15.7 the subject of the claim or by the own- (4) Degree of support afforded by the er’s duly authorized agent or legal rep- decedent to each survivor dependent resentative. upon decedent for support at the time of death.
(b) A claim for personal injury may (5) Decedent’s general, physical, and be presented by the injured person or mental conditions before death.
that person’s duly authorized agent or (6) Itemized bills for medical and bur- legal representative.
ial expenses incurred by reason of the (c) A claim based on death may be incident causing death or itemized re- presented by the executor or adminis- ceipts of payment for such expenses.
trator of the decedent’s estate or by (7) If damages for pain and suffering any other person legally entitled to as- prior to death are claimed, a physi- sert such a claim under applicable cian’s detailed statement specifying State law.
the injuries suffered, duration of pain (d) A claim for loss wholly com- and suffering, any drugs administered pensated by an insurer with the rights for pain, and the decedent’s physical of a subrogee may be presented by the condition in the interval between in- insurer. A claim for loss partially com- jury and death.
pensated by an insurer with the rights (8) Any other evidence or information of a subrogee may be presented by the which may have a bearing on either the insurer or the insured individually, as responsibility of the United States for their respective interest appear, or the death or the amount of damages jointly. Whenever an insurer presents a claimed.
claim asserting the rights of a (b) Personal injury. In support of a subrogee, it shall present with its claim for personal injury, including claim appropriate evidence that it has pain and suffering, the claimant may the rights of a subrogee.
be required to submit the following (e) A claim presented by an agent or evidence or information: legal representative shall be presented (1) A written report by the attending in the name of the claimant, be signed physician or dentist setting forth the by the agent or legal representative, nature and extent of the injuries, na- show the title or legal capacity of the ture and extent of treatment, any de- person signing, and be accompanied by gree of temporary or permanent dis- evidence of authority to present a ability, the prognosis, period of hos- claim on behalf of the claimant as pitalization, and any diminished earn- agent, executor, administrator, parent, ing capacity.
guardian, or other representative.
(2) In addition to the report required by paragraph (b)(1) of this section, the § 15.7 Administrative claims; evidence claimant may be required to submit to and information to be submitted.
a physical or mental examination by a (a) Death. In support of a claim based physician employed by the FAA or an- on death, the claimant may be required other Federal agency. A copy of the re- to submit the following evidence or in- port of the examining physician is formation: made available to the claimant upon (1) An authenticated death certifi- the claimant’s written request if the cate or other competent evidence show- claimant has, upon request, furnished ing cause of death, date of death, and the report required by paragraph (b)(1), age of the decedent.
and has made or agrees to make avail- (2) The decedent’s employment or oc- able to the FAA any other physician’s cupation at time of death, including reports previously or thereafter made monthly or yearly salary or earnings on the physical or mental condition (if any), and the duration of last em- which is the subject matter of the ployment or occupation.
claim.
(3) Full names, addresses, birth dates, (3) Itemized bills for medical, dental, kinship, and marital status of the dece- and hospital expenses incurred or dent’s survivors, including identifica- itemized receipts of payment for such tion of those survivors who were de- expenses.
pendent for support upon the decedent (4) If the prognosis reveals the neces- at the time of death. sity for future treatment, a statement 14 CFR Ch. I (1–1–25 Edition) § 15.9 of expected expenses for such treat- § 15.101 Applicability.
ment.
This subpart prescribes procedural (5) If a claim is made for loss of time requirements for the indemnification from employment, a written statement of a publisher of aeronautical charts or from the claimant’s employer showing maps under section 1118 of the Federal actual time lost from employment, Aviation Act of 1958, as amended, when whether the claimant is a full or part- the publisher incurs liability as a re- time employee, and wages or salary ac- sult of publishing— tually lost.
(a) A chart or map accurately depict- (6) If a claim is made for loss of in- ing a defective or deficient flight pro- come and the claimant is self-em- cedure or airway that was promulgated ployed, documentary evidence showing by the FAA; or the amount of earnings actually lost.
(b) Aeronautical data that— (7) Any other evidence or information (1) Is visually displayed in the cock- which may have a bearing on the re- pit of an aircraft; and sponsibility of the United States for (2) When visually displayed, accu- the personal injury or the damages rately depicts a defective or deficient claimed.
flight procedure or airway promulgated (c) Property damage. In support of a by the FAA.
claim for injury to or loss of property, § 15.103 Exclusions.
real or personal, the claimant may be required to submit the following evi- A publisher that requests indem- dence or information: nification under this part will not be (1) Proof of ownership of the property indemnified if— interest which is the subject of the (a) The complaint filed against the claim.
publisher, or demand for payment (2) A detailed statement of the against the publisher, first occurred be- amount claimed with respect to each fore December 19, 1985; item of property.
(b) The publisher does not negotiate (3) An itemized receipt of payment a good faith settlement; for necessary repairs or itemized writ- (c) The publisher does not conduct a ten estimates of the cost of such re- good faith defense; pairs. (d) The defective or deficient flight (4) A statement listing date of pur- procedure or airway— chase, purchase price, and salvage (1) Was not promulgated by the FAA; value, where repair is not economical. (2) Was not accurately depicted on (5) Any other evidence or information the publisher’s chart or map; which may have a bearing on either the (3) Was not accurately displayed on a responsibility of the United States for visual display in the cockpit, or (4) Was obviously defective or defi- the injury to or loss of property or the cient; damages claimed.
(e) The publisher does not give notice § 15.9 Investigation and examination.
as required by § 15.107 of this part and that failure is prejudicial to the Gov- The FAA may investigate a claim or ernment; or conduct a physical examination of a (f) The publisher does not appeal a claimant. The FAA may request any lower court’s decision pursuant to a re- other Federal agency to investigate a quest by the Administrator under claim or conduct a physical examina- § 15.111(d)(2) of this part.
tion of a claimant and provide a report of the investigation or examination to § 15.105 Filing of requests for indem- the FAA.
nification.
A request for indemnification under Subpart B—Indemnification Under this part— Section 1118 of the Federal (a) May be filed by— Aviation Act of 1958 (1) A publisher described in § 15.101 of this part; or (2) The publisher’s duly authorized S OURCE : Amdt. 15–2, 55 FR 18710, May 3, 1990, unless otherwise noted. agent or legal representative; Federal Aviation Administration, DOT § 15.111 (b) Shall be filed with the Chief Department of Justice, approves the Counsel, Federal Aviation Administra- proposed settlement.
tion, 800 Independence Avenue SW., (3) The publisher submits a signed re- Washington, DC 20591; and lease that clearly releases the United (c) Shall state the basis for the pub- States from any further liability to the lisher’s assertion that indemnification publisher and the claimant.
under this part is required.
(b) If the Administrator does not ap- prove the proposed settlement, the Ad- § 15.107 Notification requirements.
ministrator will— A request for indemnification will (1) So notify the publisher by reg- not be considered by the FAA unless istered mail within 60 days of receipt of the following conditions are met: the proposed settlement; and (a) The publisher must notify the (2) Explain why the request for in- Chief Counsel of the FAA, within the demnification was not approved.
time limits prescribed in paragraph (b) (c) If the Administrator approves the or (c) of this section, of the publisher’s proposed settlement, the Adminis- first receipt of a demand for payment, trator will so notify the publisher by or service of a complaint in any pro- registered mail within 60 days after the ceeding, federal or state, in which it FAA’s receipt of the proposed settle- appears that indemnification under ment.
this part may be required.
(d) If the Administrator does not (b) For each complaint filed, or de- have sufficient information to approve mand for payment made, on or after or disapprove the proposed settlement, December 19, 1985, and before June 4, the Administrator will request, within 1990, the notice required by paragraph 60 days after receipt of the proposed (a) of this section must be received by settlement, the additional information the FAA on or before July 2, 1990.
needed to make a determination.
(c) For each complaint filed, or de- mand for payment made, on or after § 15.111 Conduct of litigation.
June 4, 1990, the notice required by (a) If a lawsuit is filed against the paragraph (a) of this section must be publisher and the publisher has sought, received by the FAA within 60 days or intends to seek, indemnification after the day the publisher first re- under this part, the publisher shall— ceives the demand for payment or serv- (1) Give notice as required by § 15.107 ice of the complaint.
of this part; (d) Within 5 days after the day a (2) If requested by the United judgment is rendered against the pub- States— lisher in any proceeding, or within 30 (i) Implead the United States as a days of the denial of an appeal, which- third-party defendant in the action; ever is later, the publisher must notify and the FAA Chief Counsel that— (ii) Arrange for the removal of the (1) There is an adverse judgment action to Federal Court; against the publisher; and (3) Promptly provide any additional (2) The publisher has a claim for in- information requested by the United demnification against the FAA arising States; and out of that judgment.
(4) Cooperate with the United States § 15.109 Settlements.
in the defense of the lawsuit.
(b) If the lawsuit filed against the (a) A publisher may not settle a publisher results in a proposed settle- claim with another party, for which ment, the publisher shall submit that the publisher has sought, or intends to proposed settlement to the FAA for ap- seek, indemnification under this part, proval in accordance with § 15.109 of unless— this part.
(1) The publisher submits a copy of the proposed settlement, and a state- (c) If the lawsuit filed against the ment justifying the settlement, to the publisher results in a judgment against Chief Counsel of the FAA; and the publisher and the publisher has (2) The Administrator and where nec- sought, or intends to seek, indem- essary, the appropriate official of the nification under this part as a result of 14 CFR Ch. I (1–1–25 Edition) § 15.113 the adverse judgment, the publisher (5) Attorney fees; or shall— (6) Other incidental expenses.
(1) Give notice to the FAA as re- (e) The indemnification agreement quired by § 15.107(d) of this part; must provide that the Government will (2) Submit a copy of the trial court’s be subrogated to all claims or rights of decision to the FAA Chief Counsel not the publisher, including third-party more than 5 business days after the ad- claims, cross-claims, and counter- verse judgment is rendered; and claims.
(3) If an appeal is taken from the ad- verse judgment, submit a copy of the § 15.115 Payment.
appellate decision to the FAA Chief After execution of the indemnifica- Counsel not more than 30 days after tion agreement, the FAA will submit that decision is rendered.
the agreement to the United States De- (d) Within 60 days after receipt of the partment of Justice and request pay- trial court’s decision, the Adminis- ment, in accordance with the agree- trator by registered mail will— ment, from the Judgment Fund.
(1) Notify the publisher that indem- nification is required under this part; PART 16—RULES OF PRACTICE FOR (2) Request that the publisher appeal FEDERALLY-ASSISTED AIRPORT the trial court’s adverse decision; or (3) Notify the publisher that it is not ENFORCEMENT PROCEEDINGS entitled to indemnification under this part and briefly state the basis for the Subpart A—General Provisions denial.
Sec.
§ 15.113 Indemnification agreements. 16.1 Applicability and description of part.
16.3 Definitions.
(a) Upon a finding of the Adminis- 16.5 Separation of functions.
trator that indemnification is required under this part, and after obtaining the Subpart B—General Rules Applicable to concurrence of the United States De- Complaints, Proceedings Initiated by partment of Justice, the FAA will the FAA, and Appeals promptly enter into an indemnification agreement providing for the payment 16.11 General processes.
of the costs specified in paragraph (c) 16.13 Filing of documents.
of this section. 16.15 Service of documents on the parties and the agency.
(b) The indemnification agreement 16.17 Computation of time.
will be signed by the Chief Counsel and 16.19 Motions.
the publisher.
(c) The FAA will indemnify the pub- Subpart C—Special Rules Applicable to lisher for— Complaints (1) Compensatory damages awarded by the court against the publisher; 16.21 Pre-complaint resolution.
(2) Reasonable costs and fees, includ- 16.23 Pleadings.
ing reasonable attorney fees at a rate 16.25 Dismissals.
not to exceed that permitted under the 16.26 Motions to dismiss and motions for Equal Access to Justice Act (5 U.S.C.
summary judgment.
504), and any postjudgment interest, if 16.27 Incomplete complaints.
the publisher conducts a good faith de- 16.29 Investigations.
16.31 Director’s determinations after inves- fense, or pursues a good faith appeal, at tigations.
the request, or with the concurrence, of 16.33 Final decisions without hearing.
the FAA.
16.34 Consent orders.
(d) Except as otherwise provided in this section, the FAA will not indem- Subpart D—Special Rules Applicable to nify the publisher for— Proceedings Initiated by the FAA (1) Punitive or exemplary damages; (2) Civil or criminal fines or any 16.101 Basis for the initiation of agency ac- other litigation sanctions; tion.
(3) Postjudgment interest; 16.103 Notice of investigation.
(4) Costs; 16.105 Failure to resolve informally.