$104.44 Determination of presumed (3) Partial disability. With respect to

noneconomic losses for decedents. claims of partial disability, the Special The presumed non-economic losses

Master may consider evidence of the for decedents shall be $250,000 plus an

effect of the partial disability on the additional $100,000 for the spouse and

claimant's ability to perform his or her each dependent of the deceased victim.

usual occupation as well as the effect Such presumed losses include a non

of the partial disability on the claimeconomic component of replacement

ant's ability to participate in usual services loss.

daily activities.

(b) Medical Expense Loss. This loss [68 FR 66282, Dec. 21, 2001, as amended at 67

equals the out-of-pocket medical exFR 11246, Mar. 13, 2002]

penses that were incurred as a result of $104.45 Determination of presumed

the physical harm suffered by the viceconomic loss for claimants who tim (i.e., those medical expenses that suffered physical harm.

not paid for reimbursed In reaching presumed determinations

through health insurance). In addition, for economic loss for claimants who

this loss equals future out-of-pocket suffered physical harm (but did not

medical expenses that will be incurred die), the Special Master shall consider

as a result of the physical harm sufsums corresponding to the following:

fered by the victim (i.e., those medical (a) Loss of earnings or other benefits re

expenses that will not be paid for or related to employment. The Special Master

imbursed through health insurance). may determine the loss of earnings or

These losses shall be calculated on a other benefits related to employment

case-by-case basis, using documentaon a case-by-case basis, using docu

tion and other information submitted mentation and other information sub

by the claimant. mitted by the claimant, regarding the (c) Replacement services loss. For inactual amount of work that the claim- jured claimants who did not have any ant has missed or will miss without prior earned income, or who worked compensation. Alternatively, the Spe- only part-time outside the home, ecocial Master may determine the loss of nomic loss may be determined with refearnings or other benefits related to erence to replacement services and employment by relying upon the meth

similar measures. odology created pursuant to $104.43(a) (d) Loss of business or employment opand adjusting the loss based upon the portunities. Such losses shall be adextent of the victim's physical harm. dressed through the procedure outlined

(1) Disability; in general. In evaluating above in paragraph (a) of this section. claims of disability, the Special Master will, in general, make a determination

8 104.46 Determination of presumed regarding whether the claimant is ca

noneconomic losses for claimants pable of performing his or her usual

who suffered physical harm. profession in light of the injuries.

The Special Master may determine (2) Total permanent disability. With re- the presumed noneconomic losses for spect to claims of total permanent dis- claimants who suffered physical harm ability, the Special Master may accept

(but did not die) by relying upon the a determination of disability made by noneconomic losses described in 104.44 the Social Security Administration as and adjusting the losses based upon the evidence of disability without any fur- extent of the victim's physical harm. ther medical evidence or review. The Such presumed losses include any nonSpecial Master may also consider de- economic component of replacement terminations of permanent total dis- services loss. ability made by other governmental agencies or private insurers in evalu

$ 104.47 Collateral sources. ating the claim. The Special Master (a) Payments that constitute collateral may require that the claimant submit source compensation. The amount of an evaluation of the claimant's dis- compensation shall be reduced by all ability and ability to perform his or collateral source compensation, includher occupation prepared by medical ex- ing life insurance, pension funds, death perts.

benefits programs, and payments by

Subpart E-Payment of Claims

$ 104.51 Payments to eligible individ

uals. Not later than 20 days after the date on which a determination is made by the Special Master regarding the amount of compensation due a claimant under the Fund, the Special Master shall authorize payment to such claimant of the amount determined with respect to the claimant.

Federal, State, or local governments related to the terrorist-related aircraft crashes of September 11, 2001. In determining the appropriate collateral source offset for future benefit payments, the Special Master may employ an appropriate methodology for determining the present value of such future benefits. In determining the appropriate value of offsets for pension funds, life insurance and similar collateral sources, the Special Master may, as appropriate, reduce the amount of offsets to take account of self-contributions made or premiums paid by the victim during his or her lifetime. In determining the appropriate collateral source offset for future benefit payments that are contingent upon one or more future event(s), the Special Master may reduce such offsets to account for the possibility that the future contingencies may or may not occur. In cases where the recipients of collateral source compensation are not beneficiaries of the awards from the Fund, the Special Master shall have discretion to exclude such compensation from the collateral source offset where necessary to prevent beneficiaries from having their awards reduced by collateral source compensation that they will not receive.

(b) Payments that do not constitute collateral source compensation. The following payments received by claimants do not constitute collateral source compensation:

(1) The value of services or in-kind charitable gifts such as provision of emergency housing, food, or clothing; and

(2) Charitable donations distributed to the beneficiaries of the decedent, to the injured claimant, or to the beneficiaries of the injured claimant by privately funded charitable entities; provided however, that the Special Master may determine that funds provided to victims or their families through a privately funded charitable entity constitute, in substance, a payment described in paragraph (a) of this section.

(3) Tax benefits received from the Federal government as a result of the enactment of the Victims of Terrorism Tax Relief Act. (66 FR 66282, Dec. 21, 2001, as amended at 67 FR 11246, Mar. 13, 2002)

$ 104.52 Distribution of award to dece

dent's beneficiaries. The Personal Representative shall distribute the award in a manner consistent with the law of the decedent's domicile or any applicable rulings made by a court of competent jurisdiction. The Personal Representative shall, before payment is authorized, provide to the Special Master a plan for distribution of any award received from the Fund. Notwithstanding any other provision of these regulations or any other provision of state law, in the event that the Special Master concludes that the Personal Representative's plan for distribution does not appropriately compensate the victim's spouse, children, or other relatives, the Special Master may direct the Personal Representative to distribute all or part of the award to such spouse, children, or other relatives.

[66 FR 66282, Dec. 21, 2001, as amended at 67 FR 11246, Mar. 13, 2002)

Subpart F-Limitations

$ 104.61 Limitation on civil actions.

(a) General. Section 405(c)(3)(B) of the Act provides that upon the submission of a claim under the Fund, the claimant waives the right to file a civil action (or be a party to an action) in any Federal or State court for damages sustained as a result of the terrorist-related aircraft crashes of September 11, 2001, except that this limitation does not apply to recover collateral source obligations, or to a civil action against any person who is a knowing participant in any conspiracy to hijack any aircraft or commit any terrorist act.

[blocks in formation]

Subpart B-Aviation Training for

Aliens and Other Designated

Subpart G-Measures to Protect

the Integrity of the Com

pensation Program $104.71 Procedures to prevent and de

tect fraud. (a) Review of claims. For the purpose of detecting and preventing the payment of fraudulent claims and for the purpose of assuring accurate and appropriate payments to eligible claimants, the Special Master shall implement procedures to:

(1) Verify, authenticate, and audit claims;

(2) Analyze claim submissions to detect inconsistencies, irregularities, duplication, and multiple claimants; and

(3) Ensure the quality control of claims review procedures.

(b) Quality control. The Special Master shall institute periodic quality control audits designed to evaluate the accuracy of submissions and the accuracy

$ 105.10 Definitions, purpose, and

scope. (a) Definitions.

ATSA means the Aviation and Transportation Security Act, Public Law 107-71.

Candidate means any person who is an alien as defined in section 101(a)(3) of the Immigration and Nationality Act, 8 U.S.C. 1101(a)(3), or a person specified by the Under Secretary of Transportation for Security, who seeks training in the operation of an aircraft with a maximum certificated takeoff weight of 12,500 pounds or more from a Provider.

Certificates with ratings recognized by the United States means a valid pilot or flight engineer certificate with ratings issued by the United States, or a valid foreign pilot or flight engineer license issued by a member of the Assembly of


the International Civil Aviation Organization, as established by Article 43 of the Convention on International Civil Aviation.

Notification means providing the information required under this regulation in the format and manner specified.

Provider means a person or entity subject to regulation under Title 49 Subtitle VII, Part A, United States Code. This definition includes individual training providers, training centers, certificated carriers, and flight schools. Virtually all private providers of instruction in the operation of aircraft with maximum certificated takeoff weight of 12,500 pounds or more are covered by section 113 of ATSA (49 U.S.C. 44939) and are therefore subject to this rule. Providers located in countries other than the United States are included in this definition to the extent that they are providing training leading to a United States license, certification, or rating. Providers who “dry-lease” simulator equipment to individuals or entities for use within the United States are deemed to be providing the training themselves if the lessee is not subject to regulation under Title 49. Providers located in countries other than the United States who are providing training that does not lead to a United States pilot or flight engineer certification, or rating are not included in this definition. When the Department of Defense or the U.S. Coast Guard, or an entity providing training pursuant to a contract with the Department of Defense or the U.S. Coast Guard (including a subcontractor), provides training for a military purpose, such training is not subject to Federal Aviation Administration (FAA) regulation. Accordingly, these entities, when providing such training, are not “person[s] subject to regulation under this part" within the meaning of section 113 of ATSA.

Training means any instruction in the operation of an aircraft, including "ground school,” flight simulator, and in-flight training. It does not include the provision of training manuals or other materials, and does not include mechanical training that would not enable the trainee to operate the aircraft in flight.

(b) Purpose and scope. (1) Section 113 of ATSA (49 U.S.C. 44939) prohibits Providers from furnishing candidates with training in the operation of an aircraft with a maximum certificated takeoff weight of 12,500 pounds or more without the prior notification of the Attorney General. Training in the operation of smaller aircraft is considered to be training in the operation of an aircraft with a maximum certificated takeoff weight of 12,500 pounds or more if the training would lead to a type rating allowing the candidate to operate a model of the same or substantially similar type of aircraft with a maximum certificated takeoff weight of 12,500 pounds or more in accordance with FAA regulations. The purpose of this notification is to allow the Attorney General to determine whether such an individual presents a risk to aviation or national security before training may begin. The Department believes that it is not required to make a candidate wait for 45 days in order to begin training if the Department has completed its risk assessment. Therefore, after providing the required notification to the Attorney General as described in this subpart, the Provider may begin instruction of a candidate if the Attorney General has informed the Provider that the Attorney General has determined as a result of the risk assessment conducted pursuant to section 113 of ATSA that providing the training does not present a risk to aviation or national security. If the Attorney General does not provide either an authorization to proceed with training or a notice to deny training within 45 days after receiving the required notification, the Provider may commence training at that time. All candidates who are not citizens or nationals of the U.S. must show a valid passport establishing their identity to a Provider before commencing training.

(2) The Department may, at any time, require the resubmission of all or a portion of a candidate's training request, including fingerprints. If, after approving any training application, the Department determines that a candidate presents a risk to aviation or national security, it will notify the Provider to cease training. The Provider who submitted the candidate's

identifying information will be respon- (2) An original or government-issued sible for ensuring that the training is certified birth certificate with a regpromptly halted, regardless of whether istrar's raised, embossed, impressed or another Provider is currently training multicolored seal, registrar's signathe candidate.

ture, and the date the certificate was (3) Providing false information or

filed with the registrar's office, which otherwise failing to comply with sec- must be within 1 year of birth, totion 113 of ATSA may present a threat

gether with a government-issued picto aviation or national security and is

ture identification of the individual subject to both civil and criminal sanc

named in the birth certificate (the tions. The United States will take all

birth certificate must establish that necessary legal action to deter and

the person was born in the United punish violations of this section.

States or in an outlying possession, as (4) Providers should make every ef

defined in section 101(a)(29) of the Imfort to ensure that approved training

migration and Nationality Act (8 occurs on the dates specified in the

U.S.C. 1101(a)(29))); training request at the location of the Provider who submitted the request.

(3) An original United States natu

ralization certificate with raised seal, However, where scheduling problems or other exigent circumstances prevent

INS Form N-550 or INS Form N-570, tothis from happening, training may be

gether with a government-issued picrescheduled for any time within 30 days

ture identification of the individual of the approved training dates without

named in the certificate; submitting an additional request. If

(4) An original certification of birth any scheduling change of greater than abroad with raised seal, Department of 30 days occurs, a new request with the State Form FS-545 or Form DS-1350, corrected training dates must be sub- together with a government-issued picmitted. Any proposed change in loca- ture identification of the individual tion or Provider must precipitate a named in the certificate; new request, although Providers may (5) An original certificate of United employ the assistance of other Pro- States citizenship with raised seal, INS viders or their facilities for a portion of Form N-560 or Form N-561, together the training, provided that the sub

with a government-issued picture idenstantial majority of the training oc- tification of the individual named in curs at location of the Provider who

the certificate; or submitted the request.

(6) In the case of training provided to $ 105.11 Individuals not requiring a se

a federal employee (including military curity risk assessment.

personnel) pursuant to a contract be

tween a federal agency and a Provider, (a) Citizens and nationals of the United States. A citizen or national of the

the agency's written certification as to United States is not subject to section

its employee's United States citizen113 of ATSA unless otherwise des

ship/nationality, together with the emignated by the Under Secretary of

ployee's government-issued credentials Transportation for Security. A Pro

or other federally-issued picture identivider must determine whether a pro

fication. spective trainee is a citizen or national

(b) Exception. Notwithstanding paraof the United States prior to providing graph (a) of this section, a Provider is training in the operation of an aircraft required to provide notification to the with a maximum certificated takeoff Attorney General with respect to any weight of 12,500 pounds or more. To es

individual specified by the Under Sectablish United States citizenship or na- retary of Transportation for Security. tionality, the prospective trainee must Individuals specified by the Under Secshow the Provider from whom he or she retary of Transportation for Security seeks training any of the following doc- will be identified by procedures develuments as proof of United States citi- oped by the Department of Transporzenship or nationality:

tation and are not eligible for expe(1) A valid, unexpired United States dited processing under $105.12 of this passport;


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