[Code of Federal Regulations]

[Title 14, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR15.113]



[Page 85-86]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION

 

PART 15_ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS ACT--Table of 

Contents

 

Subpart B_Indemnification Under Section 1118 of the Federal Aviation Act 

                                 of 1958

 

Sec. 15.113  Indemnification agreements.



    (a) Upon a finding of the Administrator that indemnification is 

required under this part, and after obtaining the concurrence of the 

United States Department of Justice, the FAA will promptly enter into an 

indemnification agreement providing for the payment of the costs 

specified in paragraph (c) of this section.

    (b) The indemnification agreement will be signed by the Chief 

Counsel and the publisher.

    (c) The FAA will indemnify the publisher for--

    (1) Compensatory damages awarded by the court against the publisher;

    (2) Reasonable costs and fees, including reasonable attorney fees at 

a rate not to exceed that permitted under the Equal Access to Justice 

Act (5 U.S.C. 504), and any postjudgment interest, if



[[Page 86]]



the publisher conducts a good faith defense, or pursues a good faith 

appeal, at the request, or with the concurrence, of the FAA.

    (d) Except as otherwise provided in this section, the FAA will not 

indemnify the publisher for--

    (1) Punitive or exemplary damages;

    (2) Civil or criminal fines or any other litigation sanctions;

    (3) Postjudgment interest;

    (4) Costs;

    (5) Attorney fees; or

    (6) Other incidental expenses.

    (e) The indemnification agreement must provide that the Government 

will be subrogated to all claims or rights of the publisher, including 

third-party claims, cross-claims, and counterclaims.