89 

Federal Aviation Administration, DOT 

§ 15.5 

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 
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. 

(c) A claim based on death may be 

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. 

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