Title 49 — Transportation
Part A · Chapter 441 — Registration and Recordation of Aircraft
§ 44107. Recordation of conveyances, leases, and security instruments
Statutory text
Establishment of System.—
The Administrator of the Federal Aviation Administration shall establish a system for recording—
conveyances that affect an interest in civil aircraft of the United States;
leases and instruments executed for security purposes, including conditional sales contracts, assignments, and amendments, that affect an interest in—
a specifically identified aircraft engine having at least 550 rated takeoff horsepower or its equivalent;
a specifically identified aircraft propeller capable of absorbing at least 750 rated takeoff shaft horsepower;
an aircraft engine, propeller, or appliance maintained for installation or use in an aircraft, aircraft engine, or propeller, by or for an air carrier holding a certificate issued under section 44705 of this title; and
spare parts maintained by or for an air carrier holding a certificate issued under section 44705 of this title; and
releases, cancellations, discharges, and satisfactions related to a conveyance, lease, or instrument recorded under paragraph (1) or (2).
General Description Required.—
A lease or instrument recorded under subsection (a)(2)(C) or (D) of this section only has to describe generally the engine, propeller, appliance, or spare part by type and designate its location.
Acknowledgment.—
Except as the Administrator otherwise may provide, a conveyance, lease, or instrument may be recorded under subsection (a) of this section only after it has been acknowledged before—
a notary public; or
another officer authorized under the laws of the United States, a State, the District of Columbia, or a territory or possession of the United States to acknowledge deeds.
Records and Indexes.—
The Administrator shall—
keep a record of the time and date that each conveyance, lease, and instrument is filed and recorded with the Administrator; and
record each conveyance, lease, and instrument filed with the Administrator, in the order of their receipt, and index them by—
the identifying description of the aircraft, aircraft engine, or propeller, or location specified in a lease or instrument recorded under subsection (a)(2)(C) or (D) of this section; and
the names of the parties to each conveyance, lease, and instrument.
International Registry.—
Designation of united states entry point.—
As permitted under the Cape Town Treaty, the Federal Aviation Administration Civil Aviation Registry is designated as the United States Entry Point to the International Registry relating to—
civil aircraft of the United States;
an aircraft for which a United States identification number has been assigned but only with regard to a notice filed under paragraph (2); and
aircraft engines.
System for filing notice of prospective interests.—
Establishment.—
The Administrator shall establish a system for filing notices of prospective assignments and prospective international interests in, and prospective sales of, aircraft or aircraft engines described in paragraph (1) under the Cape Town Treaty.
Maintenance of validity.—
A filing of a notice of prospective assignment, interest, or sale under this paragraph and the registration with the International Registry relating to such assignment, interest, or sale shall not be valid after the 60th day following the date of the filing unless documents eligible for recording under subsection (a) relating to such notice are filed for recordation on or before such 60th day.
Authorization for registration of aircraft.—
A registration with the International Registry relating to an aircraft described in paragraph (1) (other than subparagraph (C)) is valid only if (A) the person seeking the registration first files documents eligible for recording under subsection (a) and relating to the registration with the United States Entry Point, and (B) the United States Entry Point authorizes the registration.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 103–272 § 1(e) · 108 Stat. 745
Enacted · 49 U.S.C. § 44107
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1164
Source evidence
Code source credit
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1164Enacted provision · exact public law section
Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:Cape Town Treaty Implementation Act of 2004
Pub. L. 108–297 § 3(a)(1) · 118 Stat. 1095
Substituted · 49 U.S.C. § 44107(a)(2)(A)
Pub. L. 108–297, § 3(a)(1), substituted “550” for “750”
Source evidence
Code amendment note
Subsec. (a)(2)(A). Pub. L. 108–297, § 3(a)(1), substituted “550” for “750”.Enacted provision · exact public law section
(1) in paragraph (2)(A) by striking “750” and inserting “550”; andEffective date note
Amendment by Pub. L. 108–297 effective Mar. 1, 2006, and not applicable to any registration or recordation that was made before such date under this chapter or any legal rights relating to such registration or recordation, see section 7 of Pub. L. 108–297, set out as a note under section 44101 of this title.Cape Town Treaty Implementation Act of 2004
Pub. L. 108–297 § 3(a)(2) · 118 Stat. 1095
Substituted · 49 U.S.C. § 44107(a)(3)
Pub. L. 108–297, § 3(a)(2), substituted “paragraph (1) or (2)” for “clause (1) or (2) of this subsection”
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 108–297, § 3(a)(2), substituted “paragraph (1) or (2)” for “clause (1) or (2) of this subsection”.Enacted provision · exact public law section
(2) in paragraph (3) by striking “clause (1) or (2) of this subsection” and inserting “paragraph (1) or (2)”.Effective date note
Amendment by Pub. L. 108–297 effective Mar. 1, 2006, and not applicable to any registration or recordation that was made before such date under this chapter or any legal rights relating to such registration or recordation, see section 7 of Pub. L. 108–297, set out as a note under section 44101 of this title.Cape Town Treaty Implementation Act of 2004
Pub. L. 108–297 § 3(b) · 118 Stat. 1095
Added · 49 U.S.C. § 44107(e)
Pub. L. 108–297, § 3(b), added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 108–297, § 3(b), added subsec. (e).Enacted provision · exact public law section
(b) International Registry.— Section 44107 of such title is amended by adding at the end the following: “(e) International Registry.— “(1) Designation of united states entry point.— As permitted under the Cape Town Treaty, the Federal Aviation Administration Civil Aviation Registry is designated as the United States Entry Point to the International Registry relating to— “(A) civil aircraft of the United States; “(B) an aircraft for which a United States identification number has been assigned but only with regard to a notice filed under paragraph (2); and “(C) aircraft engines. “(2) System for filing notice of prospective interests.— “(A) Establishment.— The Administrator shall establish a system for filing notices of prospective assignments and prospective international interests in, and prospective sales of, aircraft or aircraft engines described in paragraph (1) under the Cape Town Treaty. “(B) Maintenance of validity.— A filing of a notice of prospective assignment, interest, or sale under this paragraph and the registration with the International Registry relating to such assignment, interest, or sale shall not be valid after the 60th day following the date of the filing unless documents eligible for recording under subsection (a) relating to such notice are filed for recordation on or before such 60th day. “(3) Authorization for registration of aircraft.— A registration with the International Registry relating to an aircraft described in paragraph (1) (other than subparagraph (C)) is valid only if (A) the person seeking the registration first files documents eligible for recording under subsection (a) and relating to the registration with the United States Entry Point, and (B) the United States Entry Point authorizes the registration.” .Effective date note
Amendment by Pub. L. 108–297 effective Mar. 1, 2006, and not applicable to any registration or recordation that was made before such date under this chapter or any legal rights relating to such registration or recordation, see section 7 of Pub. L. 108–297, set out as a note under section 44101 of this title.
4 of 4 references resolved to an enrolled provision
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| 44107(a)(1) | 49 App.:1403(a)(1). | Aug. 23, 1958, Pub. L. 85–726, § 503(a)(1), (3), (b), 72 Stat. 772. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444. | |
| 44107(a) (2)(A), (B) | 49 App.:1403(a)(2). | Aug. 23, 1958, Pub. L. 85–726, § 503(a)(2), 72 Stat. 772; restated July 8, 1959, Pub. L. 86–81, § 1, 73 Stat. 180. |
| 49 App.:1655(c)(1). | ||
| 44107(a) (2)(C), (D) | 49 App.:1403(a)(3) (less words between 13th comma and semicolon). | |
| 49 App.:1655(c)(1). | ||
| 44107(a)(3) | 49 App.:1403(b). | |
| 49 App.:1655(c)(1). | ||
| 44107(b) | 49 App.:1403(a)(3) (words between 13th comma and semicolon). | |
| 44107(c) | 49 App.:1403(e). | Aug. 23, 1958, Pub. L. 85–726, § 503(e), 72 Stat. 773; restated June 30, 1964, Pub. L. 88–346, § 2, 78 Stat. 236. |
| 49 App.:1655(c)(1). | ||
| 44107(d) | 49 App.:1403(f). | Aug. 23, 1958, Pub. L. 85–726, § 503(f), 72 Stat. 773; July 8, 1959, Pub. L. 86–81, § 4, 73 Stat. 181. |
| 49 App.:1655(c)(1). | ||
In subsection (a)(1) and (2), the words “title to” are omitted as being included in “interest in”.
In subsection (a)(2), before subclause (A), the word “instruments” is substituted for “any mortgage, equipment trust . . . or other instrument” because it is inclusive. The word “supplement” is omitted as being included in “amendments”.
In subsection (a)(3), the words “The Secretary of Transportation shall also record under the system” are omitted as unnecessary because of the restatement.
In subsections (a)(3) and (c), the words “lease, or instrument” are substituted for “other instrument” for clarity and consistency in this subchapter.
In subsections (b) and (d), the words “or locations” are omitted because of 1:1.
In subsection (b), the words “recorded under subsection (a)(2)(C) or (D) of this section” are added for clarity. The words “lease or instrument” are substituted for “instrument” for clarity and consistency in this subchapter.
In subsection (c), before clause (1), the words “by regulation” are omitted because of 49:322(a). In clause (2), the words “possession of the United States” are substituted for “possession thereof” for clarity.
In subsection (d), the words “lease, and instrument” are substituted for “other instruments” for clarity and consistency in this subchapter. In clause (1), the words “of the time and date of” before “recordation” are omitted as unnecessary because of the restatement. In clause (2), before subclause (A), the words “in files to be kept for that purpose” are omitted as unnecessary. In subclause (A), the words “location specified in a lease or instrument recorded under subsection (a)(2)(C) or (D) of this section” are substituted for “in the case of an instrument referred to in subsection (a)(3) of this section, the location or locations specified therein” for clarity and consistency in this subchapter.
Editorial Notes
Amendments
2004—Subsec. (a)(2)(A). Pub. L. 108–297, § 3(a)(1), substituted “550” for “750”.
Subsec. (a)(3). Pub. L. 108–297, § 3(a)(2), substituted “paragraph (1) or (2)” for “clause (1) or (2) of this subsection”.
Subsec. (e). Pub. L. 108–297, § 3(b), added subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
Amendment by Pub. L. 108–297 effective , and not applicable to any registration or recordation that was made before such date under this chapter or any legal rights relating to such registration or recordation, see section 7 of Pub. L. 108–297, set out as a note under section 44101 of this title.
Credits
1994–2004 · 2 acts
Show as published
(Pub. L. 103–272, § 1(e), , 108 Stat. 1164; Pub. L. 108–297, § 3, , 118 Stat. 1096.)