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49 U.S.C. § 44105 — Suspension and revocation of aircraft certificates

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44105 — Suspension and revocation of aircraft certificates

The Administrator of the Federal Aviation Administration may suspend or revoke a certificate of registration issued under [section 44103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44103&num=0&edition=prelim) when the aircraft no longer meets the requirements of [section 44102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44102&num=0&edition=prelim).

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Source file: Laws/federal/codes/united-states-code/title-49/section-44105-suspension-and-revocation-of-aircraft-certificates--a2c9a50140.md
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Source location: Title 49, Chapter 441, § 44105; chapter-441-registration-and-recordation-of-aircraft.md

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44103 — Registration of aircraft

**(a) General.—** (1) On application of the owner of an aircraft that meets the requirements of [section 44102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44102&num=0&edition=prelim), the Administrator of the Federal Aviation Administration shall— (A) register the aircraft; and (B) issue a certificate of registration to its owner. (2) The Administrator may prescribe the extent to which an aircraft owned by the holder of a dealer’s certificate of registration issued under [section 44104(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44104/2&num=0&edition=prelim) also is registered under this section. **(b) Controlled Substance Violations.—** (1) The Administrator may not issue an owner’s certificate of registration under subsection (a)(1) of this section to a person whose certificate is revoked under [section 44106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44106&num=0&edition=prelim) during the 5-year period beginning on the date of the revocation, except— (A) as provided in [section 44106(e)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44106/e/2&num=0&edition=prelim); or (B) that the Administrator may issue the certificate to the person after the one-year period beginning on the date of the revocation if the Administrator decides that the aircraft otherwise meets the requirements of [section 44102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44102&num=0&edition=prelim) and that denial of a certificate for the 5-year period— (i) would be excessive considering the nature of the offense or the act committed and the bur

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44102 — Registration requirements

**(a) Eligibility.—** An aircraft may be registered under [section 44103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44103&num=0&edition=prelim) only when the aircraft is— (1) not registered under the laws of a foreign country and is owned by— (A) a citizen of the United States; (B) an individual citizen of a foreign country lawfully admitted for permanent residence in the United States; or (C) a corporation not a citizen of the United States when the corporation is organized and doing business under the laws of the United States or a State, and the aircraft is based and primarily used in the United States; or (2) an aircraft of— (A) the United States Government; or (B) a State, the District of Columbia, a territory or possession of the United States, or a political subdivision of a State, territory, or possession. **(b) Duty To Define Certain Term.—** In carrying out subsection (a)(1)(C) of this section, the Secretary of Transportation shall define “based and primarily used in the United States”.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44105 — Suspension and revocation of aircraft

Page 1221 TITLE 49—TRANSPORTATION § 44105 Editorial Notes AMENDMENTS 2024—Subsec. (e). Pub. L. 118–63 added subsec. (e). Statutory Notes and Related Subsidiaries REGULATIONS Pub. L. 118–63, title VIII, § 812(b), May 16, 2024, 138 Stat. 1327, provided that: ‘‘Not later than 36 months after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Adminis- tration] shall issue a final rule, if necessary, and up- date all applicable guidance and policies to reflect the amendment made by this section [amending this sec- tion].’’ IMPLEMENTATION OF ANTI-TERRORIST AND NARCOTIC AIR EVENTS PROGRAMS Pub. L. 118–63, title II, § 231(a), May 16, 2024, 138 Stat. 1065, provided that: ‘‘(1) PRIORITY RECOMMENDATIONS.—Not later than 180 days after the date of enactment of this section [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall— ‘‘(A) implement recommendations 6, 13, 14, and 15 as set forth in the Government Accountability Office re- port entitled ‘Aviation: FAA Needs to Better Pre- vent, Detect, and Respond to Fraud and Abuse Risks in Aircraft Registration,’ (dated March 25, 2020); and ‘‘(B) to the extent that rulemaking is necessary to implement such recommendations, issue a notice of proposed rulemaking pursuant to the rulemaking au- thority of the FAA [Federal Aviation Administra- tion]. ‘‘(2) REMAINING RECOMMENDATIONS.—The Adminis- trator shall implement recommendations 1 through 5 and 8 through 12 as set forth in the Government Ac- countability Office report described in paragraph (1) and, to the extent that rulemaking is necessary to im- plement such recommendations, issue a notice of pro- posed rulemaking pursuant to the rulemaking author- ity of the FAA, on the earlier of— ‘‘(A) the da

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