49 U.S.C. § 44107

Recordation of conveyances, leases, and security instruments

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(a)Establishment of System.—The Administrator 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 security purposes, including conditional sales contracts, assignments, and amendments, that affect an interest in—(A) a specifically identified aircraft engine having at least 550 rated takeoff horsepower or its equivalent;(B) a specifically identified aircraft propeller capable of absorbing at least 750 rated takeoff shaft horsepower;(C) 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(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 describe generally the engine, propeller, appliance, or spare part by type and designate its location.(c)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—(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 instrument filed with the Administrator, in the order of their receipt, and index them by—(A) 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(B) the names of the parties to each conveyance, 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 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.(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; 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 NotesAmendments

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 SubsidiariesEffective 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 recordation, see section 7 of Pub. L. 108–297, set out as a note under section 44101 of this title.

Notes of Decisions

Cited in 30 cases (2 in the last 5 years), 1998–2023 · leading case: Stanziale v. Pratt & Whitney (In Re Tower Air, Inc.), 319 B.R. 88 (Bankr. D. Del. 2004).

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Stanziale v. Pratt & Whitney (In Re Tower Air, Inc.), 319 B.R. 88 (Bankr. D. Del. 2004). · cites it 13× “UNITED STATES CODE PROVISIONS The Federal statutes relied upon by Plaintiff are 49 U.S.C. §§ 44107 and 44108. These statutes provide, in material part, as follows: § 44107.”

In Re Paul B. BRICE; Jewel H. Brice, Debtors. Thomas L. Blair, CreditorAppellant, v. Crestar Bank, CreditorAppellee, 188 F.3d 576 (4th Cir. 1999). · cites it 6× “Although the Debtors executed an Aircraft Security Agreement and filed a financing statement with the FAA in accordance with 49 U.S.C.A. § 44107 (West 1997) reflecting the 1992 loan, they did not execute a new security agreement for the 1996 loan.”

Triad Int'l Maint. Corp. v. S. Air Transp., Inc. (In Re S. Air Transp., Inc.), 511 F.3d 526 (6th Cir. 2007). · cites it 2× “§ 1403 , but was subsequently amended and renumbered to 49 U.S.C. § 44107 . It states in relevant part: (a) Establishment of system.”

In Re: Tower Air, Inc., Debtor Charles A. Stanziale, Jr., Chapter 7 Tr. of Tower Air, Inc. v. Finova Capital Corp., 397 F.3d 191 (3rd Cir. 2005). · cites it 2× “See 49 U.S.C. § 44107 . Under the Arizona UCC, which governed the parties’ obligations under ¶ 9.”

S. Air Transp., Inc. v. Northwings Accessories Corp. (In Re S. Air Transp., Inc.), 255 B.R. 715 (Bankr. S.D. Ohio 2000). · cites it 9× “49 U.S.C. § 44107 (a) provides, in relevant part: The Administrator 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 security…”

G & B Aircraft Mgmt. v. Smoot (In Re Utah Aircraft All.), 342 B.R. 327 (10th Cir. BAP 2006). · cites it 2× “49 U.S.C. § 44107 (a)(1). 17 . Philko Aviation, Inc.”

Tradewinds Airlines, Inc. v. AAR Aircraft Servs.-Miami, Inc. (In Re Tradewinds Airlines, Inc.), 394 B.R. 614 (Bankr. S.D. Florida 2008). · cites it 5× “01 and 49 U.S.C. §§ 44107 and 44108, in order to have a properly perfected lien in Aircraft 504 that is valid and enforceable against both the Debtor and third parties.”

Pasteurized Eggs Corp. v. Bon Dente Jt. Venture (In Re Pasteurized Eggs Corp.), 296 B.R. 283 (Bankr. D.N.H. 2003). · cites it 2× “Regarding hens on aircraft, 49 U.S.C. § 44107 (a)(2) provides: “ ‘[u]nder § 44108, the failure to file a security instrument with the FAA administrator precludes constructive notice of the existence of the security instrument and consequently limits the parties against whom it…”

Solodky v. Traub, Butz & Fogerty (In Re Equip. Leassors of Pennsylvania), 235 B.R. 361 (E.D. Pa. 1999). · cites it 2× “” 49 U.S.C. § 44107 (a)(1). By statute, “the FAA is required to keep a record of the date and time of filing [aircraft conveyances] and to maintain two indexes showing the filing and the actual document is on file.”

Moldo v. Matsco, Inc. (In Re Cybernetic Servs., Inc.), 239 B.R. 917 (9th Cir. BAP 1999). “Unlike the Patent Act, 49 U.S.C. § 44107 provides explicit instructions for recording security instruments relating to aircraft: (a) Establishment of system.”

Blue Sky Telluride, L.L.C. v. Intercontinental Jet Serv. Corp., 2014 OK CIV APP 39 (Okla. Civ. App. 2014). “" 49 U.S.C.A. § 44107 (a) (previously 49 U.”

SO. HORIZONS AVIATION v. Farmers & Merchants Bank of Lakeland, 497 S.E.2d 637 (Ga. Ct. App. 1998). “For example, 49 USCS § 44107 provides for a system of recording conveyances affecting an interest in aircraft by the FAA; and 49 USCS § 44108 provides that such conveyances are not valid before filing with the FAA.”

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