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91 

Federal Aviation Administration, DOT 

§ 15.111 

(b) Shall be filed with the Chief 

Counsel, Federal Aviation Administra-
tion, 800 Independence Avenue SW., 
Washington, DC 20591; and 

(c) Shall state the basis for the pub-

lisher’s assertion that indemnification 
under this part is required. 

§ 15.107

Notification requirements. 

A request for indemnification will 

not be considered by the FAA unless 
the following conditions are met: 

(a) The publisher must notify the 

Chief Counsel of the FAA, within the 
time limits prescribed in paragraph (b) 
or (c) of this section, of the publisher’s 
first receipt of a demand for payment, 
or service of a complaint in any pro-
ceeding, federal or state, in which it 
appears that indemnification under 
this part may be required. 

(b) For each complaint filed, or de-

mand for payment made, on or after 
December 19, 1985, and before June 4, 
1990, the notice required by paragraph 
(a) of this section must be received by 
the FAA on or before July 2, 1990. 

(c) For each complaint filed, or de-

mand for payment made, on or after 
June 4, 1990, the notice required by 
paragraph (a) of this section must be 
received by the FAA within 60 days 
after the day the publisher first re-
ceives the demand for payment or serv-
ice of the complaint. 

(d) Within 5 days after the day a 

judgment is rendered against the pub-
lisher in any proceeding, or within 30 
days of the denial of an appeal, which-
ever is later, the publisher must notify 
the FAA Chief Counsel that— 

(1) There is an adverse judgment 

against the publisher; and 

(2) The publisher has a claim for in-

demnification against the FAA arising 
out of that judgment. 

§ 15.109

Settlements. 

(a) A publisher may not settle a 

claim with another party, for which 
the publisher has sought, or intends to 
seek, indemnification under this part, 
unless— 

(1) The publisher submits a copy of 

the proposed settlement, and a state-
ment justifying the settlement, to the 
Chief Counsel of the FAA; and 

(2) The Administrator and where nec-

essary, the appropriate official of the 

Department of Justice, approves the 
proposed settlement. 

(3) The publisher submits a signed re-

lease that clearly releases the United 
States from any further liability to the 
publisher and the claimant. 

(b) If the Administrator does not ap-

prove the proposed settlement, the Ad-
ministrator will— 

(1) So notify the publisher by reg-

istered mail within 60 days of receipt of 
the proposed settlement; and 

(2) Explain why the request for in-

demnification was not approved. 

(c) If the Administrator approves the 

proposed settlement, the Adminis-
trator will so notify the publisher by 
registered mail within 60 days after the 
FAA’s receipt of the proposed settle-
ment. 

(d) If the Administrator does not 

have sufficient information to approve 
or disapprove the proposed settlement, 
the Administrator will request, within 
60 days after receipt of the proposed 
settlement, the additional information 
needed to make a determination. 

§ 15.111

Conduct of litigation. 

(a) If a lawsuit is filed against the 

publisher and the publisher has sought, 
or intends to seek, indemnification 
under this part, the publisher shall— 

(1) Give notice as required by § 15.107 

of this part; 

(2) If requested by the United 

States— 

(i) Implead the United States as a 

third-party defendant in the action; 
and 

(ii) Arrange for the removal of the 

action to Federal Court; 

(3) Promptly provide any additional 

information requested by the United 
States; and 

(4) Cooperate with the United States 

in the defense of the lawsuit. 

(b) If the lawsuit filed against the 

publisher results in a proposed settle-
ment, the publisher shall submit that 
proposed settlement to the FAA for ap-
proval in accordance with § 15.109 of 
this part. 

(c) If the lawsuit filed against the 

publisher results in a judgment against 
the publisher and the publisher has 
sought, or intends to seek, indem-
nification under this part as a result of 

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