title-14-part-15

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.

UTHORITY

: 5 U.S.C. 301; 28 U.S.C. 2672, 2675;

49 U.S.C. 106(g), 40113, 44721.

Subpart A—General Procedures

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.

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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§ 15.7

the subject of the claim or by the own-
er’s duly authorized agent or legal rep-
resentative.

(b) A claim for personal injury may

be presented by the injured person or
that person’s duly authorized agent or
legal representative.

presented by the executor or adminis-
trator of the decedent’s estate or by
any other person legally entitled to as-
sert such a claim under applicable
State law.

(d) A claim for loss wholly com-

pensated by an insurer with the rights
of a subrogee may be presented by the
insurer. A claim for loss partially com-
pensated by an insurer with the rights
of a subrogee may be presented by the
insurer or the insured individually, as
their respective interest appear, or
jointly. Whenever an insurer presents a
claim asserting the rights of a
subrogee, it shall present with its
claim appropriate evidence that it has
the rights of a subrogee.

(e) A claim presented by an agent or

legal representative shall be presented
in the name of the claimant, be signed
by the agent or legal representative,
show the title or legal capacity of the
person signing, and be accompanied by
evidence of authority to present a
claim on behalf of the claimant as
agent, executor, administrator, parent,
guardian, or other representative.

§ 15.7

Administrative claims; evidence

and information to be submitted.

(a)

Death. In support of a claim based

on death, the claimant may be required
to submit the following evidence or in-
formation:

(1) An authenticated death certifi-

cate or other competent evidence show-
ing cause of death, date of death, and
age of the decedent.

(2) The decedent’s employment or oc-

cupation at time of death, including
monthly or yearly salary or earnings
(if any), and the duration of last em-
ployment or occupation.

(3) Full names, addresses, birth dates,

kinship, and marital status of the dece-
dent’s survivors, including identifica-
tion of those survivors who were de-
pendent for support upon the decedent
at the time of death.

(4) Degree of support afforded by the

decedent to each survivor dependent
upon decedent for support at the time
of death.

(5) Decedent’s general, physical, and

mental conditions before death.

(6) Itemized bills for medical and bur-

ial expenses incurred by reason of the
incident causing death or itemized re-
ceipts of payment for such expenses.

(7) If damages for pain and suffering

prior to death are claimed, a physi-
cian’s detailed statement specifying
the injuries suffered, duration of pain
and suffering, any drugs administered
for pain, and the decedent’s physical
condition in the interval between in-
jury and death.

(8) Any other evidence or information

which may have a bearing on either the
responsibility of the United States for
the death or the amount of damages
claimed.

(b)

Personal injury. In support of a

claim for personal injury, including
pain and suffering, the claimant may
be required to submit the following
evidence or information:

(1) A written report by the attending

physician or dentist setting forth the
nature and extent of the injuries, na-
ture and extent of treatment, any de-
gree of temporary or permanent dis-
ability, the prognosis, period of hos-
pitalization, and any diminished earn-
ing capacity.

(2) In addition to the report required

by paragraph (b)(1) of this section, the
claimant may be required to submit to
a physical or mental examination by a
physician employed by the FAA or an-
other Federal agency. A copy of the re-
port of the examining physician is
made available to the claimant upon
the claimant’s written request if the
claimant has, upon request, furnished
the report required by paragraph (b)(1),
and has made or agrees to make avail-
able to the FAA any other physician’s
reports previously or thereafter made
on the physical or mental condition
which is the subject matter of the
claim.

(3) Itemized bills for medical, dental,

and hospital expenses incurred or
itemized receipts of payment for such
expenses.

(4) If the prognosis reveals the neces-

sity for future treatment, a statement

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§ 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

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§ 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.

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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