[Federal Register: February 28, 2006 (Volume 71, Number 39)]
[Rules and Regulations]
[Page 9907-9908]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28fe06-5]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 47 and 49
Federal Aviation Administration, Civil Aviation Registry,
Aircraft Registration Branch Practices Related to the Cape Town Treaty
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice in regards to processes at the FAA, Civil Aviation
Registry, Aircraft Registration Branch (Registry), in relation to
implementation of the Cape Town Treaty (Treaty).
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SUMMARY: On January 3, 2005, the FAA published final rules implementing
the Cape Town Treaty. on February 17, 2006, the FAA published a notice
advising that the Cape Town Treaty becomes effective for the United
States on March 1, 2006. The FAA is publishing this document to advise
interested persons of certain procedures in the Aircraft Registration
Branch related to the Cape Town Treaty.
DATES: Effective Date: March 1, 2006.
FOR FURTHER INFORMATION CONTACT: Walter Binkley, Manager, Aircraft
Registration Branch (AFS-750), Mike Monroney Aeronautical Center,
Federal Aviation Administration (AFS-750), Post Office Box 25504,
Oklahoma City, OK 73125. Telephone (405) 954-3131.
SUPPLEMENTARY INFORMATION: The Cape Town Treaty Implementation Act of
2004, Public Law 108-297, required conforming changes to the
regulations concerning registration and deregistration of aircraft,
among other things. The amendments have been made and published. The
Registry is taking this opportunity to advise interested persons of the
Registry's practices for processing certain documents related to the
Cape Town Treaty. These matters are largely procedural in nature.
Acceptance of Instruments for Aircraft Objects Subject to the Treaty
Pursuant to amendments made to 14 CFR part 49, to include Sec.
49.63, FAA requires that documents representing transactions meeting
the requirements of subpart C of this part accompany the completed
Entry Point Filing Form--International Registry, AC Form 8050-135,
unless the form is submitted in connection with a notice of a
prospective international interest. Because the Treaty does not enter
into force for the United States until March 1, 2006, instruments
completed prior to March 1, 2006, will continue to be processed in
accordance with the Geneva Convention.
Interim List of Eligible Aircraft
Article 2 of the Convention on International Interests in Mobile
Equipment provides for an international interest in certain categories
of mobile equipment and associated rights. The convention refers to
uniquely identifiable objects as designated in the Aircraft protocol to
the Convention on International Interests in Mobile Equipment on
Matters Specific to Aircraft Equipment (Protocol). Designated aircraft
equipment includes:
(1) Airframes, that when appropriate aircraft engines are installed
thereon, are type certified by the competent aviation authority to
transport at least eight (8) persons including crew; or goods in excess
of 2750 kilograms;
(2) Helicopters, heavier-than-air machines, supported in flight
chiefly by the reactions of the air on one or more power-driven rotors
on substantially vertical axes and which are type certified by the
competent aviation authority to transport at least five (5) persons
including crew; or goods in excess of 450 kilograms; and
(3) Aircraft engines, powered by jet propulsion or turbine or
piston technology and:
(a) in the case of jet propulsion aircraft engines, have at least
1750 lb of thrust or its equivalent; and
(b) in the case of turbine-powered or piston-powered aircraft
engines, have at least 550 rated take-off shaft horsepower or its
equivalent.
Since a sanctioned comprehensive list prepared by an appropriate
authority containing the manufacturer, model and serial number for each
aircraft object subject to the Treaty has not yet been provided to the
Contracting States; FAA will begin accepting documents related to the
Cape Town Treaty on March 1, 2006, based on an interim updatable list
of eligible aircraft objects compiled by the FAA. The eligibility of
any aircraft
[[Page 9908]]
object not on the FAA list must be established before FAA will complete
processing of documents related to the Cape Town Treaty.
Acceptance of FAA Entry Point Filing Form--International Registry, AC
8050-135
The FAA Civil Aviation Registry was designated by Congress as the
exclusive entry point for transmitting information to the International
Registry as provided for in the Treaty. The Cape Town Treaty
Implementation Act of 2004 (Pub. L. 108-297) directed the FAA to
establish a system for filing notices of international and prospective
international interests, and authorizing parties to transmit
information to the International Registry. To implement these
requirements, the Registry requires the submission of a completed FAA
Entry Point Filing Form--International Registry, AC Form 8050-135, to
issue an authorization code. This code allows for the transmission of
information to the International Registry with respect to civil
aircraft of the United States, aircraft assigned a U.S. identification
number (for prospective interests only), and aircraft engines with a
rated takeoff horsepower of at least 550. Pursuant to 14 CFR part 49
subpart F, the acceptance of the FAA Entry Point Filing Form--
International Registry, AC 8050-135, does not indicate agreement with
or acceptance of any representations on the form.
Irrevocable De-Registration and Export Request Authorization (IDERA)
The Protocol provides for the acceptance and recordation of an
IDERA that is substantially in the form annexed to the Protocol. FAA
will not accept an IDERA that is not substantially in the form annexed
to the Protocol. FAA will not accept an IDERA that is not linked to a
specific instrument on file with the FAA. If the IDERA is not attached
to and made a part of the instrument it relates to, it must include
sufficient detail to identify the instrument (e.g., reference to a
recorded conveyance by number) to which it is linked.
Acknowledgment of acceptance of an IDERA by FAA is demonstrated by
(1) the recording of the instrument that the IDERA is attached to and
made a part of, or (2) if not filed as part of the instrument, but
filed at a later time, the IDERA will be stamped with an ID/date stamp
of an FAA Legal Instruments Examiner.
Written Certification Regarding Registered Interests Ranking in
Priority
A written certification made pursuant to 14 CFR part 47, Sec.
47.47(a)(3), must include the specific language contained in Sec.
47.47(a)(3), in its entirety. However, a written certification made by
the aircraft owner may be appropriately varied.
Additional Evidence To Deregister and Export Aircraft Subject to the
Treaty
An authorized party under an IDERA on file with the FAA who
requests deregistration and export of an aircraft must support the
certification made under Sec. 47.47(a)(3) by submitting a copy of the
relevant International Registry Search Certificate along with evidence
of the consent to export or discharge of lien from each registered lien
holder ranking in priority to that of the requester, as evidenced by
the Search Certificate.
An aircraft owner eligible to request deregistration and export of
an aircraft subject to the Treaty must likewise support the
certification made under Sec. 47.47(a)(3) by submitting evidence of
the consent to export or discharge of lien from each outstanding lien
holder of any consensual lien on file in the aircraft record at the
FAA.
The party requesting deregistration and export must be either the
aircraft owner, as evidenced by documents on file at the FAA, or the
authorized party under an IDERA on file at the FAA.
Issued in Oklahoma City, OK, on February 21, 2006.
Mark Lash,
Manager, Civil Aviation Registry.
[FR Doc. 06-1809 Filed 2-22-06; 3:55 pm]
BILLING CODE 4910-13-M