[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR104.2]

[Page 427-428]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 104--SEPTEMBER 11TH VICTIM COMPENSATION FUND OF 2001--Table of Contents
 
                     Subpart A--General; Eligibility
 
Sec. 104.2  Eligibility definitions and requirements.

    (a) Eligible claimants. The term eligible claimants means:
    (1) Individuals present at the World Trade Center, Pentagon, or 
Shanksville, Pennsylvania site at the time of or in the immediate 
aftermath of the crashes and who suffered physical harm, as defined 
herein, as a direct result of the terrorist-related aircraft crashes;
    (2) The Personal Representatives of deceased individuals aboard 
American Airlines flights 11 or 77 and United Airlines flights 93 or 
175; and
    (3) The Personal Representatives of individuals who were present at 
the World Trade Center, Pentagon, or Shanksville, Pennsylvania site at 
the time of or in the immediate aftermath of the crashes and who died as 
a direct result of the terrorist-related aircraft crash.
    (4) The term eligible claimants does not include any individual or 
representative of an individual who is identified to have been a 
participant or conspirator in the terrorist-related crashes of September 
11.

[[Page 428]]

    (b) Immediate aftermath. The term immediate aftermath of the crashes 
shall mean, for purposes of all claimants other than rescue workers, the 
period of time from the crashes until 12 hours after the crashes. With 
respect to rescue workers who assisted in efforts to search for and 
recover victims, the immediate aftermath shall include the period from 
the crashes until 96 hours after the crashes.
    (c) Physical harm. (1) The term physical harm shall mean a physical 
injury to the body that was treated by a medical professional within 24 
hours of the injury having been sustained, or within 24 hours of rescue, 
or within 72 hours of injury or rescue for those victims who were unable 
to realize immediately the extent of their injuries or for whom 
treatment by a medical professional was not available on September 11, 
or within such time period as the Special Master may determine for 
rescue personnel who did not or could not obtain treatment by a medical 
professional within 72 hours; and
    (2) In every case not involving death, the physical injury must be 
verified by contemporaneous medical records created by or at the 
direction of the medical professional who provided the medical care.
    (d) Personal Representative. The term Personal Representative shall 
mean the person determined to be the Personal Representative under 
Sec. 104.4 of this part.
    (e) Present at the site. The term present at the site (i.e., the 
World Trade Center, Pentagon, or Shanksville, Pennsylvania site) shall 
mean physically present at the time of the crashes or in the immediate 
aftermath:
    (1) In the buildings or portions of buildings that were destroyed as 
a result of the airplane crashes; or
    (2) In any area contiguous to the crash sites that the Special 
Master determines was sufficiently close to the site that there was a 
demonstrable risk of physical harm resulting from the impact of the 
aircraft or any subsequent fire, explosions, or building collapses 
(generally, the immediate area in which the impact occurred, fire 
occurred, portions of buildings fell, or debris fell upon and injured 
persons).

[66 FR 66282, Dec. 21, 2001, as amended at 67 FR 11245, Mar. 13, 2002]