Federal Aviation Administration, DOT

Section 15.107
(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 Section 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
Section 15.111(d)(2) of this part.

responsibility of the United States for
the injury to or loss of property or the
damages claimed.
Section 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.

Section 15.105 Filing of requests for indemnification.

Subpart B - Indemnification Under
Section 1118 of the Federal
Aviation Act of 1958

A request for indemnification under
this part - 
(a) May be filed by - 
(1) A publisher described in Section 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.

SOURCE: Amdt. 15-2, 55 FR 18710, May 3,
1990, unless otherwise noted.

Section 15.101

Applicability.

spaschal on DSK3GDR082PROD with CFR

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.

Section 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.

Section 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;

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