88
14 CFR Ch. I (1–1–24 Edition)
Pt. 15
PART 15—ADMINISTRATIVE CLAIMS
UNDER FEDERAL TORT CLAIMS ACT
Subpart A—General Procedures
Sec.
15.1
Scope of regulations.
15.3
Administrative claim, when presented;
appropriate office.
15.5
Administrative claim, who may file.
15.7
Administrative claims; evidence and in-
formation to be submitted.
15.9
Investigation and examination.
Subpart B—Indemnification Under Section
1118 of the Federal Aviation Act of 1958
15.101
Applicability.
15.103
Exclusions.
15.105
Filing of requests for indemnifica-
tion.
15.107
Notification requirements.
15.109
Settlements.
15.111
Conduct of litigation.
15.113
Indemnification agreements.
15.115
Payment.
A
UTHORITY
: 5 U.S.C. 301; 28 U.S.C. 2672, 2675;
49 U.S.C. 106(g), 40113, 44721.
Subpart A—General Procedures
S
OURCE
: Docket No. 25264, 52 FR 18171, May
13, 1987, unless otherwise noted.
§ 15.1
Scope of regulations.
(a) These regulations apply to claims
asserted under the Federal Tort Claims
Act, as amended, for money damages
against the United States for injury to,
or loss of property, or for personal in-
jury or death, caused by the negligent
or wrongful act or omission of an em-
ployee of the FAA acting within the
scope of office or employment. The reg-
ulations in this part supplement the
Attorney General’s regulations in 28
CFR part 14, as amended. The regula-
tions in 28 CFR part 14, as amended,
and the regulations in this part apply
to consideration by the FAA of admin-
istrative claims under the Federal Tort
Claims Act.
§ 15.3
Administrative claim, when pre-
sented; appropriate office.
(a) A claim is deemed to have been
presented when the FAA receives, at a
place designated in paragraph (b) of
this section, an executed Standard
Form 95 or other written notification
of an incident, accompanied by a claim
for money damages in a sum certain
for injury to, or loss of, property or for
personal injury or death, alleged to
have occurred by reason of the inci-
dent. A claim which should have been
presented to the FAA but which was
mistakenly filed with another Federal
agency, is deemed presented to the
FAA on the date the claim is received
by the FAA at a place designated in
paragraph (b) of this section. A claim
addressed to, or filed with, the FAA by
mistake will be transferred to the ap-
propriate Federal agency, if that agen-
cy can be determined, or returned to
the claimant.
(b) Claims shall be delivered or
mailed to the Assistant Chief Counsel,
Litigation Division, AGC–400, Federal
Aviation Administration, 800 Independ-
ence Avenue, SW., Washington, DC
20591, or alternatively, may be mailed
or delivered to the Regional Counsel in
any of the FAA Regional Offices or the
Assistant Chief Counsel, Europe, Afri-
ca, and Middle East Area Office.
(c) Claim forms are available at each
location listed in paragraph (b) of this
section.
(d) A claim presented in accordance
with this section may be amended by
the claimant at any time prior to final
FAA action or prior to the exercise of
the claimant’s option, under 28 U.S.C.
2675(a), to deem the agency’s failure to
make a final disposition of his or her
claim within 6 months after it was filed
as a final denial. Each amendment to a
claim shall be submitted in writing and
signed by the claimant or the claim-
ant’s duly authorized agent or legal
representative. Upon the timely filing
of an amendment to a pending claim,
the FAA has 6 months thereafter in
which to make a final disposition of
the claim as amended, and the claim-
ant’s option under 28 U.S.C. 2675(a) does
not accrue until 6 months after the fil-
ing of the amendment.
[Doc. No. 18884, 44 FR 63723, Nov. 5, 1979, as
amended by Amdt. 15–1, 54 FR 39290, Sept. 25,
1989; Amdt. 15–4, 62 FR 46866, Sept. 4, 1997]
§ 15.5
Administrative claim, who may
file.
(a) A claim for injury to, or loss of,
property may be presented by the
owner of the property interest which is
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