Federal Aviation Administration, DOT

Section 15.5

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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.

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; Amdt. 15-4, 62 FR 46866, Sept. 4, 1997]

Section 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 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 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 the Assistant Chief Counsel,
Litigation Division, AGC-400, Federal
Aviation Administration, 800 Independence 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, Africa, 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

Section 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.

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