Code of Federal Regulations - Title 14

Federal Aviation Administration, DOT

§ 15.107

claim or conduct a physical examina-
tion 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

OURCE

: Amdt. 15–2, 55 FR 18710, May 3,

1990, unless 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 chart 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 procedure 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 not negotiate

a good faith settlement;

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 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 court’s decision pursuant to a re-

quest by the Administrator under
§ 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 publisher’s duly authorized

agent or legal representative;

(b) Shall be filed with the Chief

Counsel, Federal Aviation Administra-
tion, 800 Independence Avenue SW.,
Washington, DC 20591; and

lisher’s 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 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 pro-
ceeding, federal or state, in which it
appears 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.

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

judgment 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 FAA arising
out of that judgment.

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