title-14-part-49

887

Federal Aviation Administration, DOT

Pt. 49

§ 48.125

Foreign civil aircraft.

Except for corporations eligible to

register under § 48.20(c), the FAA will
issue a recognition of ownership to per-
sons required to comply with the provi-
sions of this part pursuant to an au-
thorization to operate issued under
part 375 of this title. The recognition of
ownership does not have the effect of
U.S. aircraft registration.

Subpart C—Aircraft Marking

§ 48.200

General.

(a) No person may operate a small

unmanned aircraft registered in ac-
cordance with this part unless the air-
craft displays a unique identifier in ac-
cordance with the requirements of
§ 48.205 of this subpart.

(b) A unique identifier is one of the

following:

(1) The registration number issued to

an individual or the registration num-
ber issued to the aircraft by the Reg-
istry upon completion of the registra-
tion process provided by this part; or

(2) If authorized by the Adminis-

trator, the small unmanned aircraft se-
rial number provided with the applica-
tion for Certificate of Aircraft Reg-
istration under § 48.110(a).

[Doc. No. FAA–2015–7396; Amdt. No. 48–1; 80
FR 78645, Dec. 16, 2015. Redesignated and
amended by Doc. No. FAA–2019–1100; Amdt.
No. 48–3, 86 FR 4504, Jan. 15, 2021]

§ 48.205

Display and location of unique

identifier.

(a) The unique identifier must be

maintained in a condition that is leg-
ible.

(b) The unique identifier must be af-

fixed to the small unmanned aircraft
by any means necessary to ensure that
it will remain affixed for the duration
of each operation.

ibly displayed on an external surface of
the small unmanned aircraft.

[Doc. No. FAA–2015–7396; Amdt. No. 48–1; 80
FR 78645, Dec. 16, 2015, as amended by Doc.
No. FAA–2018–1084, 84 FR 3673, Feb. 13, 2019]

PART 49—RECORDING OF AIR-

CRAFT TITLES AND SECURITY
DOCUMENTS

Subpart A—Applicability

Sec.
49.1

Applicability.

Subpart B—General

49.11

FAA Aircraft Registry.

49.13

Signatures and acknowledgements.

49.15

Fees for recording.

49.17

Conveyances recorded.

49.19

Effective date of filing for recordation.

49.21

Return of original conveyance.

Subpart C—Aircraft Ownership and

Encumbrances Against Aircraft

49.31

Applicability.

49.33

Eligibility for recording: general re-

quirements.

49.35

Eligibility for recording: ownership re-

quirements.

49.37

Claims for salvage or extraordinary

expenses.

Subpart D—Encumbrances Against Specifi-

cally Identified Aircraft Engines and
Propellers

49.41

Applicability.

49.43

Eligibility for recording: general re-

quirements.

49.45

Recording of releases, cancellations,

discharges, and satisfactions: special re-
quirements.

Subpart E—Encumbrances Against Air Car-

rier Aircraft Engines, Propellers, Appli-
ances, and Spare Parts

49.51

Applicability.

49.53

Eligibility for recording: general re-

quirements.

49.55

Recording of releases, cancellations,

discharges, and satisfactions: special re-
quirements.

Subpart F—Transmission of Information to

the International Registry

49.61

Applicability.

49.63

Eligibility for Authorization for

Transmission to the International Reg-
istry: General Requirements.

UTHORITY

: 4 U.S.T. 1830; Pub. L. 108–297,

118 Stat. 1095 (49 U.S.C. 40101 note, 49 U.S.C.
44101 note); 49 U.S.C. 106(g), 40113–40114, 44101–
44108, 44110–44113, 44704, 44713, 45302, 46104,
46301.

OURCE

: Docket No. 1996, 29 FR 6486, May

19, 1964, unless otherwise noted.

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§ 49.1

Subpart A—Applicability

§ 49.1

Applicability.

(a) This part applies to the recording

of certain conveyances affecting title
to, or any interest in—

(1) Any aircraft registered under 49

U.S.C. 44101–44104;

(2) Any specifically identified air-

craft engine of 550 or more rated take-
off horsepower, or the equivalent of
that horsepower;

(3) Any specifically identified air-

craft propeller able to absorb 750 or
more rated takeoff shaft horsepower;
and

(4) Any aircraft engine, propeller, or

appliance maintained by or for an air
carrier certificated under 49 U.S.C.
44705, for installation or use in an air-
craft, aircraft engine, or propeller, or
any spare part, maintained at a des-
ignated location or locations by or for
such an air carrier.

(b) Subpart B of this part governs,

where applicable by its terms, convey-
ances subject to this part.

[Doc. No. 1996, 29 FR 6486, May 19, 1964, as
amended by Amdt. 49–10, 70 FR 246, Jan. 3,
2005; Amdt. No. 49–11, 87 FR 75711, Dec. 9,
2022]

Subpart B—General

§ 49.11

FAA Aircraft Registry.

To be eligible for recording, a con-

veyance must be delivered to the Reg-
istry by a means acceptable to the Ad-
ministrator.

[Amdt. 49–10, 70 FR 246, Jan. 3, 2005, as
amended by Amdt. No. 49–11, 87 FR 75711,
Dec. 9, 2022]

§ 49.13

Signatures and acknowledge-

ments.

(a) Each signature on a conveyance

must be signed in a manner acceptable
to the Administrator.

(b) Paragraphs (b) through (f) of

§ 47.13 of this chapter apply to a con-
veyance made by, or on behalf of, one
or more persons doing business under a
trade name, or by an agent, corpora-
tion, partnership, coowner, or unincor-
porated association.

ment need be acknowledged, as pro-
vided in 49 U.S.C. 44107(c), in order to

be recorded under this part. The law of
the place of delivery of the conveyance
determines when a conveyance or other
instrument must be acknowledged in
order to be valid for the purposes of
that place.

(d) A power of attorney or other evi-

dence of a person’s authority to sign
for another, submitted under this part,
is valid for the purposes of this section,
unless sooner revoked, until—

(1) Its expiration date stated therein;

(2) If an expiration date is not stated

thereon, for not more than 3 years
after the date—

(i) It is signed; or
(ii) The grantor (a corporate officer

or other person in a managerial posi-
tion therein, where the grantor is a
corporation) certifies in writing that
the authority to sign shown by the
power of attorney or other evidence is
still in effect.

[Doc. No. 7190, 31 FR 4499, Mar. 17, 1966, as
amended by Amdt. 49–2, 31 FR 15349, Dec. 8,
1966; Amdt. 49–6, 36 FR 8661, May 11, 1971;
Amdt. 49–10, 70 FR 246, Jan. 3, 2005; Amdt.
No. 49–11, 87 FR 75711, Dec. 9, 2022]

§ 49.15

Fees for recording.

(a) The fees charged for recording

conveyances under this part are as fol-
lows:

(1) Conveyance of aircraft—

For each aircraft listed therein .....................

$5.00

(2) Conveyance, made for security purposes, of

a specifically identified aircraft engine or pro-
peller, or any assignment or amendment
thereof, or supplement thereto, recorded
under Subpart D—

For each engine or propeller ........................

5.00

(3) Conveyance, made for security purposes, of

aircraft engines, propellers, appliances, or
spare parts, maintained at a designated loca-
tion or locations, or any assignment or
amendment thereof, or supplement thereto,
recorded under Subpart E—

For the group of items at each location .......

5.00

(b) There is no fee for recording a bill

of sale that accompanies an applica-
tion for aircraft registration and the
proper fee under Part 47 of this chap-
ter.

panied by the proper fee, that may be
paid by check or money order to the
Federal Aviation Administration.

[Doc. No. 1996, 29 FR 6486, May 19, 1964, as
amended by Amdt. 49–1, 31 FR 4499, Mar. 17,
1966; Doc. No. 8084, 32 FR 5769, Apr. 11, 1967]

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§ 49.19

§ 49.17

Conveyances recorded.

(a)(1) Each instrument recorded

under this part is a ‘‘conveyance’’
within the following definition in 49
U.S.C. 40102(a)(19):

‘‘Conveyance’’ means an instrument, in-

cluding a conditional sales contract, affect-
ing title to, or an interest in, property.

(2) A notice of Federal tax lien is not

recordable under this part, since it is
required to be filed elsewhere by the
Internal Revenue Code (26 U.S.C. 6321,
6323; 26 CFR 301.6321–1, 301.6323–1).

(b) The kinds of conveyance record-

able under this part include those used
as evidence of ownership under § 47.11 of
this chapter.

eligible for recording under this part, is
governed by the laws of the State, pos-
session, Puerto Rico, or District of Co-
lumbia, as the case may be, in which
the instrument was delivered, regard-
less of the location or place of delivery
of the property affected by the instru-
ment. If the place where an instrument
is intended to be delivered is stated in
the instrument, it is presumed that the
instrument was delivered at that place.
The recording of a conveyance is not a
decision of the FAA that the instru-
ment does, in fact, affect title to, or an
interest in, the aircraft or other prop-
erty it covers.

(d) The following rules apply to con-

veyances executed for security pur-
poses and assignments thereof:

(1) A security agreement must be

signed by the debtor. If the debtor is
not the registered owner of the air-
craft, the security agreement must be
accompanied by the debtor’s Applica-
tion for Aircraft Registration and evi-
dence of ownership, as prescribed in
Part 47 of this chapter, unless the debt-
or—

(i) Holds a Dealer’s Aircraft Registra-

tion Certificate and submits evidence
of ownership as provided in § 47.67 of
this chapter (if applicable);

(ii) Was the owner of the aircraft on

the date the security agreement was
signed, as shown by documents re-
corded at the FAA Aircraft Registry;
or

(iii) Is the vendor, bailor, or lessor

under a contract of conditional sale.

(2) The name of a cosigner may not

appear in the security agreement as a
debtor or owner. If a person other than
the registered owner signs the security
agreement, that person must show the
capacity in which that person signs,
such as ‘‘cosigner’’ or ‘‘guarantor’’.

(3) An assignment of an interest in a

security agreement must be signed by
the assignor and, unless it is attached
to and is a part of the original agree-
ment, must describe the agreement in
sufficient detail to identify it, includ-
ing its date, the names of the parties,
the date of FAA recording, and the re-
corded conveyance number.

(4) An amendment of, or a supple-

ment to, a conveyance executed for se-
curity purposes that has been recorded
by the FAA must meet the require-
ments for recording the original con-
veyance and must describe the original
conveyance in sufficient detail to iden-
tify it, including its date, the names of
the parties, the date of FAA recording,
and the recorded conveyance number.

(5) Immediately after a debt secured

by a conveyance given for security pur-
poses has been satisfied, or any of the
encumbered aircraft have been released
from the conveyance, the holder shall
execute a release on AC Form 8050–41,
Part II—Release, provided to him by
the FAA when the conveyance was re-
corded by the FAA, or its equivalent,
and shall send it to the FAA Aircraft
Registry for recording. If the debt is se-
cured by more than one aircraft and all
of the collateral is released, the collat-
eral need not be described in detail in
the release. However, the original con-
veyance must be clearly described in
enough detail to identify it, including
its date, the names of the parties, the
date of FAA recording, and the re-
corded conveyance number.

(6) A contract of conditional sale, as

defined in 49 U.S.C. 40102(a)(18), must
be signed by all parties to the contract.

[Doc. No. 1996, 29 FR 6486, May 19, 1964, as
amended by Amdt. 49–1, 31 FR 4499, Mar. 17,
1966; Amdt. 49–9, 53 FR 1915, Jan. 25, 1988;
Amdt. 49–10, 70 FR 246, Jan. 3, 2005]

§ 49.19

Effective date of filing for rec-

ordation.

A conveyance is filed for recordation

upon the date and at the time it is re-
ceived by the FAA Aircraft Registry.

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§ 49.21

Return of original conveyance.

If a person submitting a conveyance

for recording wants the original re-
turned to him, he must submit a true
copy with the original. After recording,
the copy is kept by the FAA and the
original is returned to the applicant
stamped with the date and time of re-
cording. The copy must be imprinted
on paper permanent in nature, includ-
ing dates, and signatures, to which is
attached a certificate of the person
submitting the conveyance stating
that the copy has been compared with
the original and that it is a true copy.

[Doc. No. 1996, 29 FR 6486, May 19, 1964, as
amended by Amdt. 49–1, 31 FR 4499, Mar. 17,
1966]

Subpart C—Aircraft Ownership

and Encumbrances Against
Aircraft

§ 49.31

Applicability.

This subpart applies to the recording

of the following kinds of conveyances:

(a) A bill of sale, contract of condi-

tional sale, assignment of an interest
under a contract of conditional sale,
mortgage, assignment of mortgage,
lease, equipment trust, notice of tax
lien or of other lien, or other instru-
ment affecting title to, or any interest
in, aircraft.

(b) A release, cancellation, discharge,

or satisfaction of a conveyance named
in paragraph (a) of this section.

§ 49.33

Eligibility for recording: gen-

eral requirements.

A conveyance is eligible for recording

under this subpart only if, in addition
to the requirements of §§ 49.11, 49.13,
and 49.17, the following requirements
are met:

(a) It is in a form prescribed by, or

acceptable to, the Administrator for
that kind of conveyance;

(b) It describes the aircraft by make

and model, manufacturer’s serial num-
ber, and United States registration
number, or other detail that makes
identification possible;

duplicate original document, or if nei-
ther the original nor a duplicate origi-
nal of a document is available, a true

copy of an original document, certified
under § 49.21;

(d) It affects aircraft registered under

49 U.S.C. 44101–44104; and

(e) It is accompanied by the record-

ing fee required by § 49.15, but there is
no fee for recording a conveyance
named in § 49.31(b).

[Doc. No. 1996, 29 FR 6486, May 19, 1964, as
amended by Amdt. 49–1, 31 FR 4499, Mar. 17,
1966; Amdt. 49–10, 70 FR 246, Jan. 3, 2005]

§ 49.35

Eligibility for recording: owner-

ship requirements.

If the seller of an aircraft is not

shown on the records of the FAA as the
owner of the aircraft, a conveyance, in-
cluding a contract of conditional sale,
submitted for recording under this sub-
part must be accompanied by bills of
sale or similar documents showing con-
secutive transfers from the last reg-
istered owner, through each inter-
vening owner, to the seller.

§ 49.37

Claims for salvage or extraor-

dinary expenses.

The right to a charge arising out of a

claim for compensation for salvage of
an aircraft or for extraordinary ex-
penses indispensable for preserving the
aircraft in operations terminated in a
foreign country that is a party to the
Convention on the International Rec-
ognition of Rights in Aircraft (4 U.S.T.
1830) may be noted on the FAA record
by filing notice thereof with the FAA
Aircraft Registry within three months
after the date of termination of the sal-
vage or preservation operations.

Subpart D—Encumbrances

Against Specifically Identified
Aircraft Engines and Propel-
lers

§ 49.41

Applicability.

This subpart applies to the recording

of the following kinds of conveyances:

(a) Any lease, a notice of tax lien or

other lien (except a notice of Federal
tax lien referred to in § 49.17(a)), and
any mortgage, equipment trust, con-
tract of conditional sale, or other in-
strument executed for security pur-
poses, which affects title to, or any in-
terest in, any specifically identified
aircraft engine of 550 or more rated

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§ 49.53

takeoff horsepower, or the equivalent
of that horsepower, or a specifically
identified aircraft propeller capable of
absorbing 750 or more rated takeoff
shaft horsepower.

(b) An assignment or amendment of,

or supplement to, an instrument
named in paragraph (a) of this section.

or satisfaction of a conveyance named
in paragraph (a) or (b) of this section.

[Doc. No. 1996, 29 FR 6486, May 19, 1964, as
amended by Amdt. 49–5, 35 FR 802, Jan. 21,
1970; Amdt. 49–10, 70 FR 246, Jan. 3, 2005]

§ 49.43

Eligibility for recording: gen-

eral requirements.

A conveyance is eligible for recording

under this subpart only if, in addition
to the requirements of §§ 49.11, 49.13,
and 49.17, the following requirements
are met:

(a) It affects and describes an aircraft

engine or propeller to which this sub-
part applies, specifically identified by
make, model, horsepower, and manu-
facturer’s serial number; and

(b) It is accompanied by the record-

ing fee required by § 49.15, but there is
no fee for recording a conveyance
named in § 49.41(c).

§ 49.45

Recording of releases, cancella-

tions, discharges, and satisfactions:
special requirements.

(a) A release, cancellation, discharge,

or satisfaction of an encumbrance cre-
ated by an instrument recorded under
this subpart must be in a form equiva-
lent to AC Form 8050–41 and contain a
description of the encumbrance, the re-
cording information furnished to the
holder at the time of recording, and the
collateral released.

(b) If more than one engine or pro-

peller, or both, are listed in an instru-
ment, recorded under this subpart, that
created an encumbrance thereon and
all of them are released, they need not
be listed by serial number, but the re-
lease, cancellation, discharge, or satis-
faction must state that all of the en-
cumbered engines or propellers are re-
leased. The original recorded document
must be clearly identified by the

names of the parties, the date of FAA
recording, and the document date.

[Doc. No. 1996, 29 FR 6486, May 19, 1964, as
amended by Amdt. 49–7, 37 FR 25487, Dec. 1,
1972]

Subpart E—Encumbrances Against

Air Carrier Aircraft Engines,
Propellers, Appliances, and
Spare Parts

§ 49.51

Applicability.

This subpart applies to the recording

of the following kinds of conveyances:

(a) Any lease, a notice of tax lien or

other lien (except a notice of Federal
tax lien referred to in § 49.17 (a), and
any mortgage, equipment trust, con-
tract of conditional sale, or other in-
strument executed for security pur-
poses, which affects title to, or any in-
terest in, any aircraft engine, pro-
peller, or appliance maintained by or
on behalf of an air carrier certificated
under 49 U.S.C. 44705 for installation or
use in aircraft, aircraft engines, or pro-
pellers, or any spare parts, maintained
at a designated location or locations by
or on behalf of such an air carrier.

(b) An assignment or amendment of,

or supplement to, an instrument
named in paragraph (a) of this section.

or satisfaction of a conveyance named
in paragraph (a) or (b) of this section.

[Doc. No. 1996, 29 FR 6486, May 19, 1964, as
amended by Amdt. 49–5, 35 FR 802, Jan. 21,
1970; Amdt. 49–10, 70 FR 246, Jan. 3, 2005]

§ 49.53

Eligibility for recording: gen-

eral requirements.

(a) A conveyance is eligible for re-

cording under this subpart only if, in
addition to the requirements of §§ 49.11,
49.13, and 49.17, the following require-
ments are met:

(1) It affects any aircraft engine, pro-

peller, appliance, or spare part, main-
tained by or on behalf of an air carrier
certificated under 49 U.S.C. 44705;

(2) It contains or is accompanied by a

statement by the air carrier certifi-
cated under that section;

(3) It specifically describes the loca-

tion or locations of each aircraft en-
gine, propeller, appliance, or spare part
covered by it; and

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§ 49.55

(4) It is accompanied by the recording

fee required by § 49.15, but there is no
fee for recording a conveyance named
in § 49.51(c).

(b) The conveyance need only de-

scribe generally, by type, the engines,
propellers, appliances, or spare parts
covered by it.

[Doc. No. 1996, 29 FR 6486, May 19, 1964, as
amended by Amdt. 49–5, 35 FR 802, Jan. 21,
1970; Amdt. 49–10, 70 FR 246, Jan. 3, 2005]

§ 49.55

Recording of releases, cancella-

tions, discharges, and satisfactions:
special requirements.

(a) A release, cancellation, discharge,

or satisfaction of an encumbrance on
all of the collateral listed in an instru-
ment recorded under this subpart, or
on all of the collateral at a particular
location, must be in a form equivalent
to AC Form 8050–41, signed by the hold-
er of all of the collateral at the par-
ticular location, and contain a descrip-
tion of the encumbrance, the recording
information furnished to the holder at
the time of recording, and the location
of the released collateral.

(b) If the encumbrance on collateral

at all of the locations listed in an in-
strument recorded under this subpart
is released, canceled, discharged, or
satisfied, the locations need not be list-
ed. However, the document must state
that all of the collateral at all of the
locations listed in the encumbrance
has been so released, canceled, dis-
charged, or satisfied. The original re-
corded document must be clearly iden-
tified by the names of the parties, the
date of recording by the FAA, and the
document number.

[Doc. No. 1996, 29 FR 6486, May 19, 1964, as
amended by Amdt. 49–1, 31 FR 4499, Mar. 17,
1966; Amdt. 49–7, 37 FR 25487, Dec. 1, 1972]

Subpart F—Transmission of Infor-

mation to the International
Registry

OURCE

: Docket No. FAA–2004–19944, 70 FR

246, Jan. 3, 2005, unless otherwise noted.

FFECTIVE

ATE

OTE

: At 70 FR 246, Jan. 3,

2005, subpart F was added. This subpart con-

tains information collection and record-
keeping requirements and will not become
effective until approval has been given by
the Office of Management and Budget.

§ 49.61

Applicability.

The FAA Civil Aviation Registry is

designated under Section 3 of the Cape
Town Treaty Implementation Act of
2004, as the entry point for authorizing
the transmission of information to the
International Registry affecting United
States civil aircraft, aircraft assigned
a U.S. registration number and engines
with a rated shaft horsepower of 550 or
the equivalent thereof. This subpart
applies to the transmission of informa-
tion to the International Registry; the
filing of the Entry Point filing form,
AC Form 8050–135; and the filing of doc-
uments eligible for recording under
subparts C and D of part 49.

§ 49.63

Eligibility for Authorization for

Transmission to the International
Registry: general requirements.

(a) To send information to the Inter-

national Registry with respect to a
civil aircraft of the United States, an
aircraft for which a U.S. identification
number has been assigned, or an air-
craft engine, a person requesting a
unique authorization code from the
FAA Aircraft Registry must comply
with the following:

(1) File a completed AC Form 8050–135

with the FAA Aircraft Registry; and

(2) For civil aircraft of the United

States, file with the FAA Aircraft Reg-
istry any documents representing the
transaction that meet the require-
ments of subpart C of this part; or

(3) For aircraft engines, file with the

FAA Aircraft Registry any documents
representing the transaction that meet
the requirements of subpart D of this
part.

(b) Nothing in this section requires

transmittal of information relating to
aircraft engines to the International
Registry through the FAA Aircraft
Registry.

PARTS 50–59

[

RESERVED

]

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