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

Page 1219 TITLE 49—TRANSPORTATION § 44103 section 44113 of title 49, United States Code) enters into force with respect to the United States and shall not apply to any registration or recordation that was made before such effective date under chapter 441 of such title or any legal rights relating to such registration or recordation.’’ [The Cape Town Treaty entered into force with respect to the United States on Mar. 1, 2006. See 71 F.R. 8457.] REGULATIONS Pub. L. 108–297, § 4, Aug. 9, 2004, 118 Stat. 1096, pro- vided that: ‘‘(a) IN GENERAL.—The Administrator of the Federal Aviation Administration shall issue regulations nec- essary to carry out this Act [see Short Title of 2004 Amendment note set out under section 40101 of this title], including any amendments made by this Act. ‘‘(b) CONTENTS OF REGULATIONS.—Regulations to be issued under this Act shall specify, at a minimum, the requirements for— ‘‘(1) the registration of aircraft previously reg- istered in a country in which the Cape Town Treaty is in effect; and ‘‘(2) the cancellation of registration of a civil air- craft of the United States based on a request made in accordance with the Cape Town Treaty. ‘‘(c) EXPEDITED RULEMAKING PROCESS.— ‘‘(1) FINAL RULE.—The Administrator shall issue regulations under this section by publishing a final rule by December 31, 2004. ‘‘(2) EFFECTIVE DATE.—The final rule shall not be ef- fective before the date the Cape Town Treaty enters into force with respect to the United States [Mar. 1, 2006, see Effective Date of 2004 Amendment note above]. ‘‘(3) ECONOMIC ANALYSIS.—The Administrator shall not be required to prepare an economic analysis of the cost and benefits of the final rule. ‘‘(d) APPLICABILITY OF TREATY.—Notwithstanding parts 47.37(a)(3)(ii) and 47.47(a)(2) of title 14, of the Code of Federal Regulations, Articles IX(5) and XIII of the Cape Town Treaty shall apply to the matters described in subsection (b) until the earlier of the effective date of the final rule under this section or December 31, 2004.’’ CAPE TOWN TREATY; FINDINGS AND PURPOSE Pub. L. 108–297, § 2, Aug. 9, 2004, 118 Stat. 1095, pro- vided that: ‘‘(a) FINDINGS.—Congress finds the following: ‘‘(1) The Cape Town Treaty (as defined in section 44113 of title 49, United States Code) extends modern commercial laws for the sale, finance, and lease of aircraft and aircraft engines to the international arena in a manner consistent with United States law and practice. ‘‘(2) The Cape Town Treaty provides for inter- nationally established and recognized financing and leasing rights that will provide greater security and commercial predictability in connection with the fi- nancing and leasing of highly mobile assets, such as aircraft and aircraft engines. ‘‘(3) The legal and financing framework of the Cape Town Treaty will provide substantial economic bene- fits to the aviation and aerospace sectors, including the promotion of exports, and will facilitate the ac- quisition of newer, safer aircraft around the world. ‘‘(4) Only technical changes to United States law and regulations are required since the asset-based fi- nancing and leasing concepts embodied in the Cape Town Treaty are already reflected in the United States in the Uniform Commercial Code. ‘‘(5) The new electronic registry system established under the Cape Town Treaty will work in tandem with current aircraft document recordation systems of the Federal Aviation Administration, which have served United States industry well. ‘‘(6) The United States Government was a leader in the development of the Cape Town Treaty. ‘‘(b) PURPOSE.—Accordingly, the purpose of this Act [see Short Title of 2004 Amendment note set out under section 40101 of this title] is to provide for the imple- mentation of the Cape Town Treaty in the United States by making certain technical amendments to the provisions of chapter 441 of title 49, United States Code, directing the Federal Aviation Administration to com- plete the necessary rulemaking processes as expedi- tiously as possible, and clarifying the applicability of the Treaty during the rulemaking process.’’ § 44102. Registration requirements (a) ELIGIBILITY.—An aircraft may be registered under section 44103 of this title 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 coun- try lawfully admitted for permanent resi- dence in the United States; or (C) a corporation not a citizen of the United States when the corporation is orga- nized and doing business under the laws of the United States or a State, and the air- craft 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, terri- tory, or possession. (b) DUTY TO DEFINE CERTAIN TERM.—In car- rying out subsection (a)(1)(C) of this section, the Secretary of Transportation shall define ‘‘based and primarily used in the United States’’. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1161.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 44102(a)(1) .. 49 App.:1401(b) (1st sentence cl. (1)). Aug. 23, 1958, Pub. L. 85–726, § 501(b), 72 Stat. 772; re- stated Nov. 9, 1977, Pub. L. 95–163, § 14, 91 Stat. 1283; Mar. 8, 1978, Pub. L. 95–241, 92 Stat. 119. 44102(a)(2) .. 49 App.:1401(b) (1st sentence cl. (2)). 44102(b) ...... 49 App.:1401(b) (last sentence). In subsection (a), before clause (1), the words ‘‘may be registered’’ are substituted for ‘‘shall be eligible for registration’’, and the words ‘‘under section 44103 of this title’’ are added, for clarity. The words ‘‘only when’’ are substituted for ‘‘if, but only if’’ for consist- ency. In subclause (C), the words ‘‘not a citizen of the United States’’ are substituted for ‘‘(other than a cor- poration which is a citizen of the United States)’’ to eliminate unnecessary words. The word ‘‘lawfully’’ is omitted as surplus. In subsection (b), the words ‘‘In carrying out sub- section (a)(1)(C) of this section’’ are added because of the restatement. The words ‘‘by regulation’’ are omit- ted as unnecessary because of 49:322(a). § 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, the Administrator of the Federal Aviation Administration shall— (A) register the aircraft; and