title-14-part-15-sec15-105

14 CFR Ch. I (1–1–24 Edition)

§ 15.9

of expected expenses for such treat-
ment.

(5) If a claim is made for loss of time

from employment, a written statement
from the claimant’s employer showing
actual time lost from employment,
whether the claimant is a full or part-
time employee, and wages or salary ac-
tually lost.

(6) If a claim is made for loss of in-

come and the claimant is self-em-
ployed, documentary evidence showing
the amount of earnings actually lost.

(7) Any other evidence or information

which may have a bearing on the re-
sponsibility of the United States for
the personal injury or the damages
claimed.

(c)

Property damage. In support of a

claim for injury to or loss of property,
real or personal, the claimant may be
required to submit the following evi-
dence or information:

(1) Proof of ownership of the property

interest which is the subject of the
claim.

(2) A detailed statement of the

amount claimed with respect to each
item of property.

(3) An itemized receipt of payment

for necessary repairs or itemized writ-
ten estimates of the cost of such re-
pairs.

(4) A statement listing date of pur-

chase, purchase price, and salvage
value, where repair is not economical.

(5) Any other evidence or information

which may have a bearing on either the
responsibility of the United States for
the injury to or loss of property or the
damages claimed.

§ 15.9

Investigation and examination.

The FAA may investigate a claim or

conduct a physical examination of a
claimant. The FAA may request any
other Federal agency to investigate a
claim or conduct a physical examina-
tion of a claimant and provide a report
of the investigation or examination to
the FAA.

Subpart B—Indemnification Under

Section 1118 of the Federal
Aviation Act of 1958

OURCE

: Amdt. 15–2, 55 FR 18710, May 3,

1990, unless otherwise noted.

§ 15.101

Applicability.

This subpart prescribes procedural

requirements for the indemnification
of a publisher of aeronautical charts or
maps under section 1118 of the Federal
Aviation Act of 1958, as amended, when
the publisher incurs liability as a re-
sult of publishing—

(a) A chart or map accurately depict-

ing a defective or deficient flight pro-
cedure or airway that was promulgated
by the FAA; or

(b) Aeronautical data that—
(1) Is visually displayed in the cock-

pit of an aircraft; and

(2) When visually displayed, accu-

rately depicts a defective or deficient
flight procedure or airway promulgated
by the FAA.

§ 15.103

Exclusions.

A publisher that requests indem-

nification under this part will not be
indemnified if—

(a) The complaint filed against the

publisher, or demand for payment
against the publisher, first occurred be-
fore December 19, 1985;

(b) The publisher does not negotiate

a good faith settlement;

good faith defense;

(d) The defective or deficient flight

procedure or airway—

(1) Was not promulgated by the FAA;
(2) Was not accurately depicted on

the publisher’s chart or map;

(3) Was not accurately displayed on a

visual display in the cockpit, or

(4) Was obviously defective or defi-

cient;

(e) The publisher does not give notice

as required by § 15.107 of this part and
that failure is prejudicial to the Gov-
ernment; or

(f) The publisher does not appeal a

lower court’s decision pursuant to a re-
quest by the Administrator under
§ 15.111(d)(2) of this part.

§ 15.105

Filing of requests for indem-

nification.

A request for indemnification under

this part—

(a) May be filed by—
(1) A publisher described in § 15.101 of

this part; or

(2) The publisher’s duly authorized

agent or legal representative;

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§ 15.111

(b) Shall be filed with the Chief

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

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.

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.

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.

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