FAA 14 CFR PART 15-2011 Administrative claims under federal tort claims act《联邦民事侵权赔偿法案下的行政索赔》.pdf

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1、86 14 CFR Ch. I (1111 Edition) Pt. 15 PART 15ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS ACT Subpart AGeneral 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 an

2、d in-formation to be submitted. 15.9 Investigation and examination. Subpart BIndemnification 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 Co

3、nduct of litigation. 15.113 Indemnification agreements. 15.115 Payment. AUTHORITY: 5 U.S.C. 301; 28 U.S.C. 2672, 2675; 49 U.S.C. 106(g), 40113, 44721. Subpart AGeneral Procedures SOURCE: Docket No. 25264, 52 FR 18171, May 13, 1987, unless otherwise noted. 15.1 Scope of regulations. (a) These regulat

4、ions 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 off

5、ice or employment. The reg-ulations in this part supplement the Attorney Generals 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.

6、 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 dam

7、ages 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 t

8、he 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 mai

9、led to the Assistant Chief Counsel, Litigation Division, AGC400, 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-

10、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 claimants option, under

11、28 U.S.C. 2675(a), to deem the agencys 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-ants duly authorized agent or legal representative. Upo

12、n 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-ants 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.

13、 5, 1979, as amended by Amdt. 151, 54 FR 39290, Sept. 25, 1989; Amdt. 154, 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 VerDate Mar2010 14:10 Mar 01, 2011 Jkt 223043

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15、ent or legal rep-resentative. (b) A claim for personal injury may be presented by the injured person or that persons duly authorized agent or legal representative. (c) A claim based on death may be presented by the executor or adminis-trator of the decedents estate or by any other person legally ent

16、itled 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 i

17、nsured 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

18、 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 repre

19、sentative. 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

20、, date of death, and age of the decedent. (2) The decedents 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-dents s

21、urvivors, 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) Decedents general, physical, and mental conditi

22、ons 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-cians detailed statement specifying the injuries suffer

23、ed, duration of pain and suffering, any drugs administered for pain, and the decedents 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

24、 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-tur

25、e 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 ex

26、amination 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 claimants written request if the claimant has, upon request, furnished the report required by paragraph (b)(1), and has made or agrees

27、to make avail-able to the FAA any other physicians 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

28、prognosis reveals the neces-sity for future treatment, a statement VerDate Mar2010 14:10 Mar 01, 2011 Jkt 223043 PO 00000 Frm 00097 Fmt 8010 Sfmt 8010 Y:SGML223043.XXX 223043wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IH

29、S-,-,-88 14 CFR Ch. I (1111 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 claimants employer showing actual time lost from employment, whether the claimant is a full or part- time employee, and wages or s

30、alary 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 o

31、r 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 stat

32、ement 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) A

33、ny 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 r

34、equest 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 BIndemnification Under Section 1118 of the Federal Aviation Act of 1958 SOURCE: Amdt. 152, 55 FR 18710, May 3, 1990, un

35、less 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 c

36、hart 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 procedu

37、re 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 n

38、ot 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 publishers chart or map; (3) Was not accurately displayed on a visual di

39、splay 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 courts decision pursuant to a re-quest by the Administrator u

40、nder 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 publishers duly authorized agent or legal representative; VerDate Mar2010 14:10 Mar 01, 2011

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42、l Aviation Administra-tion, 800 Independence Avenue SW., Washington, DC 20591; and (c) Shall state the basis for the pub-lishers 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 fo

43、llowing 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 publishers first receipt of a demand for payment, or service of a complaint in any pro-ceeding, federal or state, in which it appe

44、ars 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 compla

45、int 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 judgmen

46、t 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 F

47、AA 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

48、 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

49、 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 day