49 U.S.C. § 44107 — Recordation of conveyances, leases, and

Page 1222 TITLE 49—TRANSPORTATION § 44106 (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1163.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 44105 .......... 49 App.:1401(e)(1). Aug. 23, 1958, Pub. L. 85–726, § 501(e)(1), 72 Stat. 772; Oct. 19, 1984, Pub. L. 98–499, § 4(a), 98 Stat. 2314. 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. The words ‘‘when the aircraft no longer meets’’ are substituted for ‘‘for any cause which renders the air- craft ineligible’’ for consistency. § 44106. Revocation of aircraft certificates for controlled substance violations (a) DEFINITION.—In this section, ‘‘controlled substance’’ has the same meaning given that term in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802). (b) REVOCATIONS.—(1) The Administrator of the Federal Aviation Administration shall issue an order revoking the certificate of registration for an aircraft issued to an owner under section 44103 of this title and any other certificate of registration that the owner of the aircraft holds under section 44103, if the Administrator finds that— (A) the aircraft was used to carry out, or fa- cilitate, an activity that is punishable by death or imprisonment for more than one year under a law of the United States or a State re- lated to a controlled substance (except a law related to simple possession of a controlled substance); and (B) the owner of the aircraft permitted the use of the aircraft knowing that the aircraft was to be used for the activity described in clause (A) of this paragraph. (2) An aircraft owner that is not an individual is deemed to have permitted the use of the air- craft knowing that the aircraft was to be used for the activity described in paragraph (1)(A) of this subsection only if a majority of the individ- uals who control the owner of the aircraft or who are involved in forming the major policy of the owner permitted the use of the aircraft knowing that the aircraft was to be used for the activity described in paragraph (1)(A). (c) ADVICE TO HOLDERS AND OPPORTUNITY TO ANSWER.—Before the Administrator revokes a certificate under subsection (b) of this section, the Administrator shall— (1) advise the holder of the certificate of the charges or reasons on which the Administrator bases the proposed action; and (2) provide the holder of the certificate an opportunity to answer the charges and state why the certificate should not be revoked. (d) APPEALS.—(1) A person whose certificate is revoked by the Administrator under subsection (b) of this section may appeal the revocation order to the National Transportation Safety Board. The Board shall affirm or reverse the order after providing notice and a hearing on the record. In conducting the hearing, the Board is not bound by the findings of fact of the Ad- ministrator. (2) When a person files an appeal with the Board under this subsection, the order of the Ad- ministrator revoking the certificate is stayed. However, if the Administrator advises the Board that safety in air transportation or air com- merce requires the immediate effectiveness of the order— (A) the order remains effective; and (B) the Board shall dispose of the appeal not later than 60 days after notification by the Ad- ministrator under this paragraph. (3) A person substantially affected by an order of the Board under this subsection may seek ju- dicial review of the order under section 46110 of this title. The Administrator shall be made a party to that judicial proceeding. (e) ACQUITTAL.—(1) The Administrator may not revoke, and the Board may not affirm a rev- ocation of, a certificate of registration under this section on the basis of an activity described in subsection (b)(1)(A) of this section if the hold- er of the certificate is acquitted of all charges related to a controlled substance in an indict- ment or information arising from the activity. (2) If the Administrator has revoked a certifi- cate of registration of a person under this sec- tion because of an activity described in sub- section (b)(1)(A) of this section, the Adminis- trator shall reissue a certificate to the person if the person— (A) subsequently is acquitted of all charges related to a controlled substance in an indict- ment or information arising from the activity; and (B) otherwise meets the requirements of sec- tion 44102 of this title. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1163.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 44106(a) ...... 49 App.:1401(e)(2)(C). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 501(e)(2)(A)– (C), (F); added Oct. 19, 1984, Pub. L. 98–499, § 4(a), 98 Stat. 2314, 2315. 44106(b) ...... 49 App.:1401(e)(2)(A) (less last sen- tence). 44106(c) ...... 49 App.:1401(e)(2)(B) (1st sentence). 44106(d) ...... 49 App.:1401(e)(2)(B) (2d–last sen- tences). 44106(e) ...... 49 App.:1401(e)(2)(A) (last sentence), (F). In subsection (b)(2), the words ‘‘knowing that the air- craft was to be used for the activity described in para- graph (1)(A) of this subsection’’ are substituted for ‘‘with knowledge of such intended use’’ for clarity. § 44107. Recordation of conveyances, leases, and security instruments (a) ESTABLISHMENT OF SYSTEM.—The Adminis- trator of the Federal Aviation Administration shall establish a system for recording— (1) conveyances that affect an interest in civil aircraft of the United States; (2) leases and instruments executed for secu- rity purposes, including conditional sales con- Page 1223 TITLE 49—TRANSPORTATION § 44107 tracts, assignments, and amendments, that af- fect an interest in— (A) a specifically identified aircraft engine having at least 550 rated takeoff horsepower or its equivalent; (B) a specifically identified aircraft pro- peller capable of absorbing at least 750 rated takeoff shaft horsepower; (C) an aircraft engine, propeller, or appli- ance 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 (D) spare parts maintained by or for an air carrier holding a certificate issued under section 44705 of this title; and (3) releases, cancellations, discharges, and satisfactions related to a conveyance, lease, or instrument recorded under paragraph (1) or (2). (b) GENERAL DESCRIPTION REQUIRED.—A lease or instrument recorded under subsection (a)(2)(C) or (D) of this section only has to de- scribe generally the engine, propeller, appliance, or spare part by type and designate its location. (c) ACKNOWLEDGMENT.—Except as the Adminis- trator otherwise may provide, a conveyance, lease, or instrument may be recorded under sub- section (a) of this section only after it has been acknowledged before— (1) a notary public; or (2) 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. (d) RECORDS AND INDEXES.—The Administrator shall— (1) keep a record of the time and date that each conveyance, lease, and instrument is filed and recorded with the Administrator; and (2) record each conveyance, lease, and in- strument filed with the Administrator, in the order of their receipt, and index them by— (A) the identifying description of the air- craft, aircraft engine, or propeller, or loca- tion specified in a lease or instrument re- corded under subsection (a)(2)(C) or (D) of this section; and (B) the names of the parties to each con- veyance, lease, and instrument. (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 Inter- national 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 de- scribed 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 reg- istration with the International Registry re- lating to such assignment, interest, or sale shall not be valid after the 60th day fol- lowing the date of the filing unless docu- ments eligible for recording under sub- section (a) relating to such notice are filed for recordation on or before such 60th day. (3) AUTHORIZATION FOR REGISTRATION OF AIR- CRAFT.—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 reg- istration first files documents eligible for re- cording under subsection (a) and relating to the registration with the United States Entry Point, and (B) the United States Entry Point authorizes the registration. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1164; Pub. L. 108–297, § 3, Aug. 9, 2004, 118 Stat. 1096.) HISTORICAL AND REVISION NOTES Revised Section 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; re- stated 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 be- tween 13th comma and semi- colon). 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; re- stated 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, equip- ment trust . . . or other instrument’’ because it is in- clusive. The word ‘‘supplement’’ is omitted as being in- cluded 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 in- strument’’ 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 sub- section (a)(2)(C) or (D) of this section’’ are added for clarity. The words ‘‘lease or instrument’’ are sub- stituted for ‘‘instrument’’ for clarity and consistency in this subchapter. Page 1224 TITLE 49—TRANSPORTATION § 44108 In subsection (c), before clause (1), the words ‘‘by reg- ulation’’ are omitted because of 49:322(a). In clause (2), the words ‘‘possession of the United States’’ are sub- stituted 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 sec- tion, 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), sub- stituted ‘‘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 sub- section’’. 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 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 rec- ordation, see section 7 of Pub. L. 108–297, set out as a note under section 44101 of this title. § 44108. Validity of conveyances, leases, and secu- rity instruments (a) VALIDITY BEFORE FILING.—Until a convey- ance, lease, or instrument executed for security purposes that may be recorded under section 44107(a)(1) or (2) of this title is filed for record- ing, the conveyance, lease, or instrument is valid only against— (1) the person making the conveyance, lease, or instrument; (2) that person’s heirs and devisees; and (3) a person having actual notice of the con- veyance, lease, or instrument. (b) PERIOD OF VALIDITY.—When a conveyance, lease, or instrument is recorded under section 44107 of this title, the conveyance, lease, or in- strument is valid from the date of filing against all persons, without other recordation, except that— (1) a lease or instrument recorded under sec- tion 44107(a)(2)(A) or (B) of this title is valid for a specifically identified engine or propeller without regard to a lease or instrument pre- viously or subsequently recorded under sec- tion 44107(a)(2)(C) or (D); and (2) a lease or instrument recorded under sec- tion 44107(a)(2)(C) or (D) of this title is valid only for items at the location designated in the lease or instrument. (c) APPLICABLE LAWS.—(1) The validity of a conveyance, lease, or instrument that may be recorded under section 44107 of this title is sub- ject to the laws of the State, the District of Co- lumbia, or the territory or possession of the United States at which the conveyance, lease, or instrument is delivered, regardless of the place at which the subject of the conveyance, lease, or instrument is located or delivered. If the con- veyance, lease, or instrument specifies the place at which delivery is intended, it is presumed that the conveyance, lease, or instrument was delivered at the specified place. (2) This subsection does not take precedence over the Convention on the International Rec- ognition of Rights in Aircraft (4 U.S.T. 1830) or the Cape Town Treaty, as applicable. (d) NONAPPLICATION.—This section does not apply to— (1) a conveyance described in section 44107(a)(1) of this title that was made before August 22, 1938; or (2) a lease or instrument described in section 44107(a)(2) of this title that was made before June 20, 1948. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1165; Pub. L. 108–297, § 5, Aug. 9, 2004, 118 Stat. 1097.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 44108(a) ...... 49 App.:1403(c) (less words after semi- colon). Aug. 23, 1958, Pub. L. 85–726, § 503(c), 72 Stat. 773. 44108(b) ...... 49 App.:1403(d). Aug. 23, 1958, Pub. L. 85–726, § 503(d), 72 Stat. 773; July 8, 1959, Pub. L. 86–81, § 3, 73 Stat. 181. 44108(c)(1) .. 49 App.:1406. Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 506; added June 30, 1964, Pub. L. 88–346, § 1(a), 78 Stat. 236. 44108(c)(2) .. 49 App.:1406 (note). June 30, 1964, Pub. L. 88–346, § 1(c), 78 Stat. 236. 44108(d) ...... 49 App.:1403(c) (words after semi- colon). In subsection (a), before clause (1), the words ‘‘con- veyance, lease, or instrument executed for security purposes’’ are substituted for ‘‘conveyance or instru- ment’’ for clarity and consistency in this subchapter. The words ‘‘in respect of such aircraft, aircraft engine or engines, propellers, appliances, or spare parts’’ are omitted as surplus. The text of 49 App.:1403(c) (proviso words before semicolon) is omitted because of section 7(d) of this bill. In clause (1), the words ‘‘person making the conveyance, lease, or instrument’’ are substituted for ‘‘the person by whom the conveyance or other in- strument is made or given’’ to eliminate unnecessary words and for consistency in this subchapter. In subsection (b), before clause (1), the words ‘‘When a conveyance, lease, or instrument is recorded under section 44107 of this title . . . from the date of filing’’ are substituted for ‘‘Each conveyance or other instru- ment recorded by means of or under the system pro- vided for in subsection (a) or (b) of the section shall from the time of its filing for recordation’’ for clarity and consistency in this subchapter and to eliminate un- necessary words. In clause (1), the words ‘‘is valid’’ are substituted for ‘‘Provided, That . . . shall not be af- fected’’ for consistency in this subchapter. The words ‘‘or engines . . . or propellers’’ are omitted because of 1:1. In clause (2), the words ‘‘is valid’’ are substituted for ‘‘shall be effective’’ for consistency in this sub- chapter. The words ‘‘for items at the location des- ignated in the lease or instrument’’ are substituted for ‘‘which may from time to time be situated at the des- ignated location or locations and only while so situ- ated’’ for clarity and to eliminate unnecessary words. In subsection (c)(1), the words ‘‘conveyance, lease, or’’ are added for consistency in this subchapter. The words ‘‘the conveyance, lease, or instrument’’ are sub- stituted for ‘‘therein’’, and the words ‘‘it is presumed’’ are substituted for ‘‘it shall constitute presumptive evidence’’, for clarity.