(a) Claims within the scope of this subpart. Claims which are within the scope of this subpart are those arising out of the operation of an MWR activity and are caused by:
(1) Civilian employees paid by a NAFI acting in the scope of their employment.
(2) Military personnel or appropriated fund civilian employees performing part-time duties for a NAFI for which a NAFI is paying.
(3) Negligent operation or condition of premises for which a NAFI is responsible.
(4) Members or authorized users of NAFI property. Such claims are subject to this subpart if the individual is a member of an MWR membership association or an authorized user of NAFI property and the use is in accord with applicable rules.
(b) Claims not within the scope of this subpart. Claims are not payable within the scope of this subpart if they arise out of the operation of an MWR activity supported by a NAFI and are caused by:
(1) Military personnel or appropriated fund civilian employees performing assigned Air Force duties, even though they benefit a NAFI.
(2) Negligent operation or condition of premises for which a NAFI is not responsible.