14 CFR §15.103

1. (a)The complaint filed against the publisher, or demand for payment against the publisher, first occurred before December 19, 1985;
2. (b)The publisher does not negotiate a good faith settlement;
3. (c)The publisher does not conduct a good faith defense;
4. (d)The defective or deficient flight procedure or airway—
   1. (1)Was not promulgated by the FAA;
   2. (2)Was not accurately depicted on the publisher's chart or map;
   3. (3)Was not accurately displayed on a visual display in the cockpit, or
   4. (4)Was obviously defective or deficient;
5. (e)The publisher does not give notice as required by § 15.107 of this part and that failure is prejudicial to the Government; or
6. (f)The publisher does not appeal a lower court's decision pursuant to a request by the Administrator under § 15.111(d)(2) of this part.