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 information 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 indemnification.
15.107 Notification requirements.
15.109 Settlements.
15.111 Conduct of litigation.
15.113 Indemnification agreements.
15.115 Payment.
(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 injury or death, caused by
the negligent or wrongful act or omission of an employee of the FAA acting
within the scope of office or employment. The regulations in this part
supplement the Attorney General's regulations in 28 CFR Part 14, as amended.
The regulations in 28 CFR Part 14, as amended, and the regulations in this
part apply to consideration by the FAA of administrative claims under the
Federal Tort Claims Act.
Sec. 15.3 Administrative claim, when presented; 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 inciDAJPPara.ABI'AI%d 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 incident.
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 appropriate Federal agency, if that agency can be
determined, or returned to the claimant.
(b) Claims shall be delivered or mailed to: Assistant Chief Counsel for
Litigation, Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 20591.
Alternatively, claims may be delivered or mailed to: Office of the Regional
Counsel, in any of the FAA Regional Offices.
(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 claimant'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 claimant's option under 28 U.S.C. 2675(a)
does not accrue until 6 months after the filing of the amendment.
[Doc. No. 18884, 44 FR 63723, Nov. 5, 1979, as amended by Amdt. 15-1, 54 FR
39290, Sept. 25, 1989]
Sec. 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 the subject of the claim or by the
owner's duly authorized agent or legal representative.
(b) A claim for personal injury may be presented by the injured person or
that person's duly authorized agent or legal representative.
(c) A claim based on death may be presented by the executor or
administrator of the decedent's estate or by any other person legally
entitled to assert such a claim under applicable State law.
(d) A claim for loss wholly compensated by an insurer with the rights of a
subrogee may be presented by the insurer. A claim for loss partially
compensated 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.
Sec. 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 information:
(1) An authenticated death certificate or other competent evidence showing
cause of death, date of death, and age of the decedent.
(2) The decedent's employment or occupation at time of death, including
monthly or yearly salary or earnings (if any), and the duration of last
employment or occupation.
(3) Full names, addresses, birth dates, kinship, and marital status of the
decedent's survivors, including identification of those survivors who were
dependent 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 burial expenses incurred by reason of
the incident causing death or itemized receipts of payment for such expenses.
(7) If damages for pain and suffering prior to death are claimed, a
physician'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 injury 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, nature and extent of treatment, any
degree of temporary or permanent disability, the prognosis, period of
hospitalization, and any diminished earning 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 another Federal agency. A copy of the
report 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 available
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 necessity for future treatment, a
statement of expected expenses for such treatment.
(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 actually lost.
(6) If a claim is made for loss of income and the claimant is self-
employed, documentary evidence showing the amount of earnings actually lost.
(7) Any other evidence or information which may have a bearing on the
responsibility 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 evidence 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
written estimates of the cost of such repairs.
(4) A statement listing date of purchase, 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.
Sec. 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 examination 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.
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
result of publishing--
(a) A chart or map accurately depicting a defective or deficient flight
procedure or airway that was promulgated by the FAA; or
(b) Aeronautical data that--
(1) Is visually displayed in the cockpit of an aircraft; and
(2) When visually displayed, accurately depicts a defective or deficient
flight procedure or airway promulgated by the FAA.
Sec. 15.103 Exclusions.
A publisher that requests indemnification under this part will not be
indemnified if--
(a) The complaint filed against the publisher, or demand for payment
against the publisher, first occurred before December 19, 1985;
(b) The publisher does not negotiate a good faith settlement;
(c) The publisher does not conduct a 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 deficient;
(e) The publisher does not give notice as required by Sec. 15.107 of this
part and that failure is prejudicial to the Government; or
(f) The publisher does not appeal a lower court's decision pursuant to a
request by the Administrator under Sec. 15.111(d)(2) of this part.
Sec. 15.105 Filing of requests for indemnification.
A request for indemnification under this part--
(a) May be filed by--
(1) A publisher described in Sec. 15.101 of this part; or
(2) The publisher's duly authorized agent or legal representative;
(b) Shall be filed with the Chief Counsel, Federal Aviation Administration,
800 Independence Avenue SW., Washington, DC 20591; and
(c) Shall state the basis for the publisher's assertion that
indemnification under this part is required.
Sec. 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
proceeding, federal or state, in which it appears that indemnification under
this part may be required.
(b) For each complaint filed, or demand 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 demand 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 receives
the demand for payment or service of the complaint.
(d) Within 5 days after the day a judgment is rendered against the
publisher in any proceeding, or within 30 days of the denial of an appeal,
whichever 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 indemnification against the FAA arising
out of that judgment.
Sec. 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
statement justifying the settlement, to the Chief Counsel of the FAA; and
(2) The Administrator and where necessary, the appropriate official of the
Department of Justice, approves the proposed settlement.
(3) The publisher submits a signed release that clearly releases the United
States from any further liability to the publisher and the claimant.
(b) If the Administrator does not approve the proposed settlement, the
Administrator will--
(1) So notify the publisher by registered mail within 60 days of receipt of
the proposed settlement; and
(2) Explain why the request for indemnification was not approved.
(c) If the Administrator approves the proposed settlement, the
Administrator will so notify the publisher by registered mail within 60 days
after the FAA's receipt of the proposed settlement.
(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.
Sec. 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 Sec. 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
settlement, the publisher shall submit that proposed settlement to the FAA
for approval in accordance with Sec. 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,
indemnification under this part as a result of the adverse judgment, the
publisher shall--
(1) Give notice to the FAA as required by Sec. 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 adverse judgment is rendered; and
(3) If an appeal is taken from the adverse 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
Administrator by registered mail will--
(1) Notify the publisher that indemnification 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.
Sec. 15.113 Indemnification agreements.
(a) Upon a finding of the Administrator that indemnification is required
under this part, and after obtaining the concurrence of the United States
Department 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 publisher for--
(1) Compensatory damages awarded by the court against the publisher;
(2) Reasonable costs and fees, including 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
defense, 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
indemnify 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 counterclaims.
Sec. 15.115 Payment.
After execution of the indemnification agreement, the FAA will submit the
agreement to the United States Department of Justice and request payment, in
accordance with the agreement, from the Judgment Fund.
