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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14 CFR Ch. I (1–1–24 Edition)
§ 15.113
the adverse judgment, the publisher
shall—
(1) Give notice to the FAA as re-
quired by § 15.107(d) of this part;
(2) Submit a copy of the trial court’s
decision to the FAA Chief Counsel not
more than 5 business days after the ad-
verse judgment is rendered; and
(3) If an appeal is taken from the ad-
verse judgment, submit a copy of the
appellate decision to the FAA Chief
Counsel not more than 30 days after
that decision is rendered.
(d) Within 60 days after receipt of the
trial court’s decision, the Adminis-
trator by registered mail will—
(1) Notify the publisher that indem-
nification is required under this part;
(2) Request that the publisher appeal
the trial court’s adverse decision; or
(3) Notify the publisher that it is not
entitled to indemnification under this
part and briefly state the basis for the
denial.
§ 15.113
Indemnification agreements.
(a) Upon a finding of the Adminis-
trator that indemnification is required
under this part, and after obtaining the
concurrence of the United States De-
partment of Justice, the FAA will
promptly enter into an indemnification
agreement providing for the payment
of the costs specified in paragraph (c)
of this section.
(b) The indemnification agreement
will be signed by the Chief Counsel and
the publisher.
(c) The FAA will indemnify the pub-
lisher for—
(1) Compensatory damages awarded
by the court against the publisher;
(2) Reasonable costs and fees, includ-
ing reasonable attorney fees at a rate
not to exceed that permitted under the
Equal Access to Justice Act (5 U.S.C.
504), and any postjudgment interest, if
the publisher conducts a good faith de-
fense, or pursues a good faith appeal, at
the request, or with the concurrence, of
the FAA.
(d) Except as otherwise provided in
this section, the FAA will not indem-
nify the publisher for—
(1) Punitive or exemplary damages;
(2) Civil or criminal fines or any
other litigation sanctions;
(3) Postjudgment interest;
(4) Costs;
(5) Attorney fees; or
(6) Other incidental expenses.
(e) The indemnification agreement
must provide that the Government will
be subrogated to all claims or rights of
the publisher, including third-party
claims, cross-claims, and counter-
claims.
§ 15.115
Payment.
After execution of the indemnifica-
tion agreement, the FAA will submit
the agreement to the United States De-
partment of Justice and request pay-
ment, in accordance with the agree-
ment, from the Judgment Fund.
PART 16—RULES OF PRACTICE FOR
FEDERALLY-ASSISTED AIRPORT
ENFORCEMENT PROCEEDINGS
Subpart A—General Provisions
Sec.
16.1
Applicability and description of part.
16.3
Definitions.
16.5
Separation of functions.
Subpart B—General Rules Applicable to
Complaints, Proceedings Initiated by
the FAA, and Appeals
16.11
General processes.
16.13
Filing of documents.
16.15
Service of documents on the parties
and the agency.
16.17
Computation of time.
16.19
Motions.
Subpart C—Special Rules Applicable to
Complaints
16.21
Pre-complaint resolution.
16.23
Pleadings.
16.25
Dismissals.
16.26
Motions to dismiss and motions for
summary judgment.
16.27
Incomplete complaints.
16.29
Investigations.
16.31
Director’s determinations after inves-
tigations.
16.33
Final decisions without hearing.
16.34
Consent orders.
Subpart D—Special Rules Applicable to
Proceedings Initiated by the FAA
16.101
Basis for the initiation of agency ac-
tion.
16.103
Notice of investigation.
16.105
Failure to resolve informally.
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