[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: 14CFR15.3]



[Page 82]

 

                     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 A_General Procedures

 

Sec. 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 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]