Document
14 CFR Ch. I (1–1–25 Edition) § 48.120 § 48.120 Invalid registration. § 48.205 Display and location of unique identifier.
The registration of a small un- (a) The unique identifier must be manned aircraft is invalid if, at the maintained in a condition that is leg- time it is made— ible.
(a) The aircraft is registered in a for- (b) The unique identifier must be af- eign country; fixed to the small unmanned aircraft (b) The applicant is not the owner, by any means necessary to ensure that except when the applicant registers on it will remain affixed for the duration behalf of an owner who is under 13 of each operation.
years of age; (c) The unique identifier must be leg- (c) The applicant is not eligible to ibly displayed on an external surface of submit an application under this part; the small unmanned aircraft.
or [Doc. No. FAA–2015–7396; Amdt. No. 48–1; 80 (d) The interest of the applicant in FR 78645, Dec. 16, 2015, as amended by Doc.
the aircraft was created by a trans- No. FAA–2018–1084, 84 FR 3673, Feb. 13, 2019] action that was not entered into in good faith, but rather was made to PART 49—RECORDING OF AIR- avoid (with or without the owner’s CRAFT TITLES AND SECURITY knowledge) compliance with 49 U.S.C.
DOCUMENTS 44101–44103.
§ 48.125 Foreign civil aircraft. Subpart A—Applicability Except for corporations eligible to Sec.
register under § 48.20(c), the FAA will 49.1 Applicability.
issue a recognition of ownership to per- Subpart B—General sons required to comply with the provi- sions of this part pursuant to an au- 49.11 FAA Aircraft Registry.
thorization to operate issued under 49.13 Signatures and acknowledgements.
part 375 of this title. The recognition of 49.15 Fees for recording.
49.17 Conveyances recorded.
ownership does not have the effect of 49.19 Effective date of filing for recordation.
U.S. aircraft registration.
49.21 Return of original conveyance.
Subpart C—Aircraft Marking Subpart C—Aircraft Ownership and Encumbrances Against Aircraft § 48.200 General.
49.31 Applicability.
(a) No person may operate a small 49.33 Eligibility for recording: general re- unmanned aircraft registered in ac- quirements.
cordance with this part unless the air- 49.35 Eligibility for recording: ownership re- quirements.
craft displays a unique identifier in ac- 49.37 Claims for salvage or extraordinary cordance with the requirements of expenses.
§ 48.205 of this subpart.
(b) A unique identifier is one of the Subpart D—Encumbrances Against Specifi- following: cally Identified Aircraft Engines and (1) The registration number issued to Propellers an individual or the registration num- 49.41 Applicability.
ber issued to the aircraft by the Reg- 49.43 Eligibility for recording: general re- istry upon completion of the registra- quirements.
tion process provided by this part; or 49.45 Recording of releases, cancellations, (2) If authorized by the Adminis- discharges, and satisfactions: special re- trator, the small unmanned aircraft se- quirements.
rial number provided with the applica- Subpart E—Encumbrances Against Air Car- tion for Certificate of Aircraft Reg- rier Aircraft Engines, Propellers, Appli- istration under § 48.110(a).
ances, and Spare Parts [Doc. No. FAA–2015–7396; Amdt. No. 48–1; 80 FR 78645, Dec. 16, 2015. Redesignated and 49.51 Applicability.
amended by Doc. No. FAA–2019–1100; Amdt. 49.53 Eligibility for recording: general re- No. 48–3, 86 FR 4504, Jan. 15, 2021] quirements.
Federal Aviation Administration, DOT § 49.15 49.55 Recording of releases, cancellations, istry by a means acceptable to the Ad- discharges, and satisfactions: special re- ministrator.
quirements.
[Amdt. 49–10, 70 FR 246, Jan. 3, 2005, as amended by Amdt. No. 49–11, 87 FR 75711, Subpart F—Transmission of Information to Dec. 9, 2022] the International Registry 49.61 Applicability. § 49.13 Signatures and acknowledge- ments.
49.63 Eligibility for Authorization for Transmission to the International Reg- (a) Each signature on a conveyance istry: General Requirements.
must be signed in a manner acceptable A UTHORITY : 4 U.S.T. 1830; Pub. L. 108–297, to the Administrator.
118 Stat. 1095 (49 U.S.C. 40101 note, 49 U.S.C.
(b) Paragraphs (b) through (f) of 44101 note); 49 U.S.C. 106(g), 40113–40114, 44101– § 47.13 of this chapter apply to a con- 44108, 44110–44113, 44704, 44713, 45302, 46104, veyance made by, or on behalf of, one 46301.
or more persons doing business under a S OURCE : Docket No. 1996, 29 FR 6486, May trade name, or by an agent, corpora- 19, 1964, unless otherwise noted.
tion, partnership, coowner, or unincor- porated association.
Subpart A—Applicability (c) No conveyance or other instru- ment need be acknowledged, as pro- § 49.1 Applicability.
vided in 49 U.S.C. 44107(c), in order to be recorded under this part. The law of (a) This part applies to the recording the place of delivery of the conveyance of certain conveyances affecting title determines when a conveyance or other to, or any interest in— instrument must be acknowledged in (1) Any aircraft registered under 49 order to be valid for the purposes of U.S.C. 44101–44104; that place.
(2) Any specifically identified air- (d) A power of attorney or other evi- craft engine of 550 or more rated take- dence of a person’s authority to sign off horsepower, or the equivalent of for another, submitted under this part, that horsepower; is valid for the purposes of this section, (3) Any specifically identified air- unless sooner revoked, until— craft propeller able to absorb 750 or (1) Its expiration date stated therein; more rated takeoff shaft horsepower; or and (2) If an expiration date is not stated (4) Any aircraft engine, propeller, or thereon, for not more than 3 years appliance maintained by or for an air after the date— carrier certificated under 49 U.S.C.
(i) It is signed; or 44705, for installation or use in an air- (ii) The grantor (a corporate officer craft, aircraft engine, or propeller, or or other person in a managerial posi- any spare part, maintained at a des- tion therein, where the grantor is a ignated location or locations by or for corporation) certifies in writing that such an air carrier.
the authority to sign shown by the (b) Subpart B of this part governs, power of attorney or other evidence is where applicable by its terms, convey- still in effect.
ances subject to this part.
[Doc. No. 7190, 31 FR 4499, Mar. 17, 1966, as [Doc. No. 1996, 29 FR 6486, May 19, 1964, as amended by Amdt. 49–2, 31 FR 15349, Dec. 8, amended by Amdt. 49–10, 70 FR 246, Jan. 3, 1966; Amdt. 49–6, 36 FR 8661, May 11, 1971; 2005; Amdt. No. 49–11, 87 FR 75711, Dec. 9, Amdt. 49–10, 70 FR 246, Jan. 3, 2005; Amdt.
2022] No. 49–11, 87 FR 75711, Dec. 9, 2022] § 49.15 Fees for recording.
Subpart B—General (a) The fees charged for recording § 49.11 FAA Aircraft Registry. conveyances under this part are as fol- lows: To be eligible for recording, a con- (1) Conveyance of aircraft— veyance must be delivered to the Reg- For each aircraft listed therein ..................... $5.00 14 CFR Ch. I (1–1–25 Edition) § 49.17 (2) Conveyance, made for security purposes, of (d) The following rules apply to con- a specifically identified aircraft engine or pro- veyances executed for security pur- peller, or any assignment or amendment poses and assignments thereof: thereof, or supplement thereto, recorded under Subpart D— (1) A security agreement must be For each engine or propeller ........................ 5.00 signed by the debtor. If the debtor is (3) Conveyance, made for security purposes, of not the registered owner of the air- aircraft engines, propellers, appliances, or craft, the security agreement must be spare parts, maintained at a designated loca- tion or locations, or any assignment or accompanied by the debtor’s Applica- amendment thereof, or supplement thereto, tion for Aircraft Registration and evi- recorded under Subpart E— dence of ownership, as prescribed in For the group of items at each location ....... 5.00 Part 47 of this chapter, unless the debt- (b) There is no fee for recording a bill or— of sale that accompanies an applica- (i) Holds a Dealer’s Aircraft Registra- tion for aircraft registration and the tion Certificate and submits evidence proper fee under Part 47 of this chap- of ownership as provided in § 47.67 of ter.
this chapter (if applicable); (c) Each conveyance must be accom- (ii) Was the owner of the aircraft on panied by the proper fee, that may be the date the security agreement was paid by check or money order to the signed, as shown by documents re- Federal Aviation Administration.
corded at the FAA Aircraft Registry; or [Doc. No. 1996, 29 FR 6486, May 19, 1964, as (iii) Is the vendor, bailor, or lessor amended by Amdt. 49–1, 31 FR 4499, Mar. 17, under a contract of conditional sale.
1966; Doc. No. 8084, 32 FR 5769, Apr. 11, 1967] (2) The name of a cosigner may not § 49.17 Conveyances recorded. appear in the security agreement as a debtor or owner. If a person other than (a)(1) Each instrument recorded the registered owner signs the security under this part is a ‘‘conveyance’’ agreement, that person must show the within the following definition in 49 capacity in which that person signs, U.S.C. 40102(a)(19): such as ‘‘cosigner’’ or ‘‘guarantor’’.
‘‘Conveyance’’ means an instrument, in- (3) An assignment of an interest in a cluding a conditional sales contract, affect- security agreement must be signed by ing title to, or an interest in, property.
the assignor and, unless it is attached to and is a part of the original agree- (2) A notice of Federal tax lien is not ment, must describe the agreement in recordable under this part, since it is sufficient detail to identify it, includ- required to be filed elsewhere by the ing its date, the names of the parties, Internal Revenue Code (26 U.S.C. 6321, the date of FAA recording, and the re- 6323; 26 CFR 301.6321–1, 301.6323–1).
corded conveyance number.
(b) The kinds of conveyance record- (4) An amendment of, or a supple- able under this part include those used ment to, a conveyance executed for se- as evidence of ownership under § 47.11 of curity purposes that has been recorded this chapter.
by the FAA must meet the require- (c) The validity of any instrument, ments for recording the original con- eligible for recording under this part, is veyance and must describe the original governed by the laws of the State, pos- conveyance in sufficient detail to iden- session, Puerto Rico, or District of Co- tify it, including its date, the names of lumbia, as the case may be, in which the parties, the date of FAA recording, the instrument was delivered, regard- and the recorded conveyance number.
less of the location or place of delivery (5) Immediately after a debt secured of the property affected by the instru- by a conveyance given for security pur- ment. If the place where an instrument poses has been satisfied, or any of the is intended to be delivered is stated in encumbered aircraft have been released the instrument, it is presumed that the from the conveyance, the holder shall instrument was delivered at that place.
execute a release on AC Form 8050–41, The recording of a conveyance is not a Part II—Release, provided to him by decision of the FAA that the instru- the FAA when the conveyance was re- ment does, in fact, affect title to, or an corded by the FAA, or its equivalent, interest in, the aircraft or other prop- and shall send it to the FAA Aircraft erty it covers.
Federal Aviation Administration, DOT § 49.37 Registry for recording. If the debt is se- (b) A release, cancellation, discharge, cured by more than one aircraft and all or satisfaction of a conveyance named of the collateral is released, the collat- in paragraph (a) of this section.
eral need not be described in detail in § 49.33 Eligibility for recording: gen- the release. However, the original con- eral requirements.
veyance must be clearly described in enough detail to identify it, including A conveyance is eligible for recording its date, the names of the parties, the under this subpart only if, in addition date of FAA recording, and the re- to the requirements of §§ 49.11, 49.13, corded conveyance number. and 49.17, the following requirements (6) A contract of conditional sale, as are met: (a) It is in a form prescribed by, or defined in 49 U.S.C. 40102(a)(18), must acceptable to, the Administrator for be signed by all parties to the contract.
that kind of conveyance; [Doc. No. 1996, 29 FR 6486, May 19, 1964, as (b) It describes the aircraft by make amended by Amdt. 49–1, 31 FR 4499, Mar. 17, and model, manufacturer’s serial num- 1966; Amdt. 49–9, 53 FR 1915, Jan. 25, 1988; ber, and United States registration Amdt. 49–10, 70 FR 246, Jan. 3, 2005] number, or other detail that makes § 49.19 Effective date of filing for rec- identification possible; ordation.
(c) It is an original document, or a duplicate original document, or if nei- A conveyance is filed for recordation ther the original nor a duplicate origi- upon the date and at the time it is re- nal of a document is available, a true ceived by the FAA Aircraft Registry.
copy of an original document, certified § 49.21 Return of original conveyance. under § 49.21; (d) It affects aircraft registered under If a person submitting a conveyance 49 U.S.C. 44101–44104; and for recording wants the original re- (e) It is accompanied by the record- turned to him, he must submit a true ing fee required by § 49.15, but there is copy with the original. After recording, no fee for recording a conveyance the copy is kept by the FAA and the named in § 49.31(b).
original is returned to the applicant stamped with the date and time of re- [Doc. No. 1996, 29 FR 6486, May 19, 1964, as amended by Amdt. 49–1, 31 FR 4499, Mar. 17, cording. The copy must be imprinted 1966; Amdt. 49–10, 70 FR 246, Jan. 3, 2005] on paper permanent in nature, includ- ing dates, and signatures, to which is § 49.35 Eligibility for recording: owner- attached a certificate of the person ship requirements.
submitting the conveyance stating If the seller of an aircraft is not that the copy has been compared with shown on the records of the FAA as the the original and that it is a true copy.
owner of the aircraft, a conveyance, in- [Doc. No. 1996, 29 FR 6486, May 19, 1964, as cluding a contract of conditional sale, amended by Amdt. 49–1, 31 FR 4499, Mar. 17, submitted for recording under this sub- 1966] part must be accompanied by bills of sale or similar documents showing con- Subpart C—Aircraft Ownership secutive transfers from the last reg- and Encumbrances Against istered owner, through each inter- Aircraft vening owner, to the seller.
§ 49.31 Applicability.
§ 49.37 Claims for salvage or extraor- dinary expenses.
This subpart applies to the recording of the following kinds of conveyances: The right to a charge arising out of a (a) A bill of sale, contract of condi- claim for compensation for salvage of tional sale, assignment of an interest an aircraft or for extraordinary ex- under a contract of conditional sale, penses indispensable for preserving the mortgage, assignment of mortgage, aircraft in operations terminated in a lease, equipment trust, notice of tax foreign country that is a party to the lien or of other lien, or other instru- Convention on the International Rec- ment affecting title to, or any interest ognition of Rights in Aircraft (4 U.S.T.
in, aircraft. 1830) may be noted on the FAA record 14 CFR Ch. I (1–1–25 Edition) § 49.41 by filing notice thereof with the FAA § 49.45 Recording of releases, cancella- Aircraft Registry within three months tions, discharges, and satisfactions: special requirements.
after the date of termination of the sal- vage or preservation operations.
(a) A release, cancellation, discharge, or satisfaction of an encumbrance cre- Subpart D—Encumbrances ated by an instrument recorded under Against Specifically Identified this subpart must be in a form equiva- lent to AC Form 8050–41 and contain a Aircraft Engines and Propel- description of the encumbrance, the re- lers cording information furnished to the holder at the time of recording, and the § 49.41 Applicability.
collateral released.
This subpart applies to the recording (b) If more than one engine or pro- of the following kinds of conveyances: peller, or both, are listed in an instru- (a) Any lease, a notice of tax lien or ment, recorded under this subpart, that other lien (except a notice of Federal created an encumbrance thereon and tax lien referred to in § 49.17(a)), and all of them are released, they need not any mortgage, equipment trust, con- be listed by serial number, but the re- tract of conditional sale, or other in- lease, cancellation, discharge, or satis- strument executed for security pur- faction must state that all of the en- poses, which affects title to, or any in- cumbered engines or propellers are re- terest in, any specifically identified leased. The original recorded document aircraft engine of 550 or more rated must be clearly identified by the takeoff horsepower, or the equivalent names of the parties, the date of FAA of that horsepower, or a specifically recording, and the document date.
identified aircraft propeller capable of absorbing 750 or more rated takeoff [Doc. No. 1996, 29 FR 6486, May 19, 1964, as shaft horsepower. amended by Amdt. 49–7, 37 FR 25487, Dec. 1, 1972] (b) An assignment or amendment of, or supplement to, an instrument named in paragraph (a) of this section. Subpart E—Encumbrances Against (c) A release, cancellation, discharge, Air Carrier Aircraft Engines, or satisfaction of a conveyance named Propellers, Appliances, and in paragraph (a) or (b) of this section.
Spare Parts [Doc. No. 1996, 29 FR 6486, May 19, 1964, as § 49.51 Applicability.
amended by Amdt. 49–5, 35 FR 802, Jan. 21, 1970; Amdt. 49–10, 70 FR 246, Jan. 3, 2005] This subpart applies to the recording of the following kinds of conveyances: § 49.43 Eligibility for recording: gen- (a) Any lease, a notice of tax lien or eral requirements.
other lien (except a notice of Federal A conveyance is eligible for recording tax lien referred to in § 49.17 (a), and under this subpart only if, in addition any mortgage, equipment trust, con- to the requirements of §§ 49.11, 49.13, tract of conditional sale, or other in- and 49.17, the following requirements strument executed for security pur- are met: poses, which affects title to, or any in- (a) It affects and describes an aircraft terest in, any aircraft engine, pro- engine or propeller to which this sub- peller, or appliance maintained by or part applies, specifically identified by on behalf of an air carrier certificated make, model, horsepower, and manu- under 49 U.S.C. 44705 for installation or facturer’s serial number; and use in aircraft, aircraft engines, or pro- (b) It is accompanied by the record- pellers, or any spare parts, maintained ing fee required by § 49.15, but there is at a designated location or locations by no fee for recording a conveyance or on behalf of such an air carrier.
named in § 49.41(c).
(b) An assignment or amendment of, or supplement to, an instrument named in paragraph (a) of this section.
Federal Aviation Administration, DOT § 49.63 (c) A release, cancellation, discharge, that all of the collateral at all of the or satisfaction of a conveyance named locations listed in the encumbrance in paragraph (a) or (b) of this section. has been so released, canceled, dis- charged, or satisfied. The original re- [Doc. No. 1996, 29 FR 6486, May 19, 1964, as corded document must be clearly iden- amended by Amdt. 49–5, 35 FR 802, Jan. 21, 1970; Amdt. 49–10, 70 FR 246, Jan. 3, 2005] tified by the names of the parties, the date of recording by the FAA, and the § 49.53 Eligibility for recording: gen- document number.
eral requirements.
[Doc. No. 1996, 29 FR 6486, May 19, 1964, as (a) A conveyance is eligible for re- amended by Amdt. 49–1, 31 FR 4499, Mar. 17, cording under this subpart only if, in 1966; Amdt. 49–7, 37 FR 25487, Dec. 1, 1972] addition to the requirements of §§ 49.11, 49.13, and 49.17, the following require- Subpart F—Transmission of Infor- ments are met: mation to the International (1) It affects any aircraft engine, pro- peller, appliance, or spare part, main- Registry tained by or on behalf of an air carrier certificated under 49 U.S.C. 44705; S OURCE : Docket No. FAA–2004–19944, 70 FR (2) It contains or is accompanied by a 246, Jan. 3, 2005, unless otherwise noted.
statement by the air carrier certifi- E FFECTIVE D ATE N OTE : At 70 FR 246, Jan. 3, cated under that section; 2005, subpart F was added. This subpart con- (3) It specifically describes the loca- tains information collection and record- tion or locations of each aircraft en- keeping requirements and will not become gine, propeller, appliance, or spare part effective until approval has been given by covered by it; and the Office of Management and Budget.
(4) It is accompanied by the recording fee required by § 49.15, but there is no § 49.61 Applicability.
fee for recording a conveyance named The FAA Civil Aviation Registry is in § 49.51(c).
designated under Section 3 of the Cape (b) The conveyance need only de- Town Treaty Implementation Act of scribe generally, by type, the engines, 2004, as the entry point for authorizing propellers, appliances, or spare parts the transmission of information to the covered by it.
International Registry affecting United [Doc. No. 1996, 29 FR 6486, May 19, 1964, as States civil aircraft, aircraft assigned amended by Amdt. 49–5, 35 FR 802, Jan. 21, a U.S. registration number and engines 1970; Amdt. 49–10, 70 FR 246, Jan. 3, 2005] with a rated shaft horsepower of 550 or the equivalent thereof. This subpart § 49.55 Recording of releases, cancella- applies to the transmission of informa- tions, discharges, and satisfactions: special requirements. tion to the International Registry; the filing of the Entry Point filing form, (a) A release, cancellation, discharge, AC Form 8050–135; and the filing of doc- or satisfaction of an encumbrance on uments eligible for recording under all of the collateral listed in an instru- subparts C and D of part 49.
ment recorded under this subpart, or on all of the collateral at a particular § 49.63 Eligibility for Authorization for location, must be in a form equivalent Transmission to the International to AC Form 8050–41, signed by the hold- Registry: general requirements.
er of all of the collateral at the par- (a) To send information to the Inter- ticular location, and contain a descrip- national Registry with respect to a tion of the encumbrance, the recording civil aircraft of the United States, an information furnished to the holder at aircraft for which a U.S. identification the time of recording, and the location number has been assigned, or an air- of the released collateral.
craft engine, a person requesting a (b) If the encumbrance on collateral unique authorization code from the at all of the locations listed in an in- FAA Aircraft Registry must comply strument recorded under this subpart with the following: is released, canceled, discharged, or satisfied, the locations need not be list- (1) File a completed AC Form 8050–135 ed. However, the document must state with the FAA Aircraft Registry; and 14 CFR Ch. I (1–1–25 Edition) § 49.63 (2) For civil aircraft of the United the requirements of subpart D of this States, file with the FAA Aircraft Reg- part.
(b) Nothing in this section requires istry any documents representing the transmittal of information relating to transaction that meet the require- aircraft engines to the International ments of subpart C of this part; or Registry through the FAA Aircraft (3) For aircraft engines, file with the Registry.
FAA Aircraft Registry any documents representing the transaction that meet PARTS 50–59 [ RESERVED ]