PART 49--RECORDING OF AIRCRAFT 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 requirements.
49.35 Eligibility for recording: ownership requirements.
49.37 Claims for salvage or extraordinary expenses.
Subpart D--Encumbrances Against Specifically Identified Aircraft Engines and
Propellers
49.41 Applicability.
49.43 Eligibility for recording: general requirements.
49.45 Recording of releases, cancellations, discharges, and satisfactions:
special requirements.
Subpart E--Encumbrances Against Air Carrier Aircraft Engines, Propellers,
Appliances, and Spare Parts
49.51 Applicability.
49.53 Eligibility for recording: general requirements.
49.55 Recording of releases, cancellations, discharges, and satisfactions:
special requirements.
(a) This part applies to the recording of certain conveyances affecting
title to, or any interest in--
(1) Any aircraft registered under section 501 of the Federal Aviation Act
of 1958 (49 U.S.C. 1401);
(2) Any specifically identified aircraft engine of 750 or more rated
takeoff horsepower, or the equivalent of that horsepower;
(3) Any specifically identified aircraft 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 section 604(b) of the Federal Aviation Act of
1958 (49 U.S.C. 1424(b)), for installation or use in an aircraft, aircraft
engine, or propeller, or any spare part, maintained at a designated location
or locations by or for such an air carrier.
(b) Subpart B of this part governs, where applicable by its terms,
conveyances subject to this part.
Subpart B--General
Sec. 49.11 FAA Aircraft Registry.
To be eligible for recording, a conveyance must be mailed to the FAA
Aircraft Registry, Department of Transportation, Post Office Box 25504,
Oklahoma City, Oklahoma 73125, or delivered to the Registry at 6400 South
MacArthur Boulevard, Oklahoma City, Oklahoma.
[Doc. No. 13890, 41 FR 34010, Aug. 12, 1976]
Sec. 49.13 Signatures and acknowledgements.
(a) Each signature on a conveyance must be in ink.
(b) Paragraphs (b) through (f) of Sec. 47.13 of this chapter apply to a
conveyance made by, or on behalf of, one or more persons doing business under
a trade name, or by an agent, corporation, partnership, coowner, or
unincorporated association.
(c) No conveyance or other instrument need be acknowledged, as provided in
section 503(e) of the Federal Aviation Act of 1958 (49 U.S.C. 1403(e)), 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 evidence 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; or
(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
position 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]
Sec. 49.15 Fees for recording.
(a) The fees charged for recording conveyances under this part are as
follows:
(1) Conveyance of aircraft--
For each aircraft listed therein $5.00
(2) Conveyance, made for security purposes, of a specifically
identified aircraft engine or propeller, 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
location 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
application for aircraft registration and the proper fee under Part 47 of
this chapter.
(c) Each conveyance must be accompanied 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]
Sec. 49.17 Conveyances recorded.
(a) Each instrument recorded under this part is a "conveyance" within the
following definition in section 101(17) of the Federal Aviation Act of 1958
(49 U.S.C. 1301):
(17) "Conveyance" means a bill of sale, contract of conditional sale,
mortgage, assignment of mortgage, or other instrument affecting title to, or
interest in, property.
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 recordable under this part include those used
as evidence of ownership under Sec. 47.11 of this chapter.
(c) The validity of any instrument, eligible for recording under this part,
is governed by the laws of the State, possession, Puerto Rico, or District of
Columbia, as the case may be, in which the instrument was delivered,
regardless of the location or place of delivery of the property affected by
the instrument. 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 instrument does, in fact, affect title to, or an interest in, the
aircraft or other property it covers.
(d) The following rules apply to conveyances executed for security purposes
and assignments thereof:
(1) A security agreement must be signed by the debtor. If the debtor is not
the registered owner of the aircraft, the security agreement must be
accompanied by the debtor's Application for Aircraft Registration and
evidence of ownership, as prescribed in Part 47 of this chapter, unless the
debtor--
(i) Holds a Dealer's Aircraft Registration Certificate and submits evidence
of ownership as provided in Sec. 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 recorded 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
agreement, must describe the agreement in sufficient detail to identify it,
including its date, the names of the parties, the date of FAA recording, and
the recorded conveyance number.
(4) An amendment of, or a supplement to, a conveyance executed for security
purposes that has been recorded by the FAA must meet the requirements for
recording the original conveyance and must describe the original conveyance
in sufficient detail to identify 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
purposes 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
recorded by the FAA, or its equivalent, and shall send it to the FAA Aircraft
Registry for recording. If the debt is secured by more than one aircraft and
all of the collateral is released, the collateral need not be described in
detail in the release. However, the original conveyance 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 recorded conveyance number.
(6) A contract of conditional sale, as defined in section 101(19) of the
Federal Aviation Act of 1958 (49 U.S.C. 1301(19)), 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]
Sec. 49.19 Effective date of filing for recordation.
A conveyance is filed for recordation upon the date and at the time it is
received by the FAA Aircraft Registry.
Sec. 49.21 Return of original conveyance.
If a person submitting a conveyance for recording wants the original
returned 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 recording. The copy must be
imprinted on paper permanent in nature, including 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
Sec. 49.31 Applicability.
This subpart applies to the recording of the following kinds of
conveyances:
(a) A bill of sale, contract of conditional 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
instrument 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.
Sec. 49.33 Eligibility for recording: general requirements.
A conveyance is eligible for recording under this subpart only if, in
addition to the requirements of Secs. 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
number, and United States registration number, or other detail that makes
identification possible;
(c) It is an original document, or a duplicate original document, or if
neither the original nor a duplicate original of a document is available, a
true copy of an original document, certified under Sec. 49.21;
(d) It affects aircraft registered under section 501 of the Federal
Aviation Act of 1958 (49 U.S.C. 1401); and
(e) It is accompanied by the recording fee required by Sec. 49.15, but
there is no fee for recording a conveyance named in Sec. 49.31(b).
[Doc. No. 1996, 29 FR 6486, May 19, 1964, as amended by Amdt. 49-1, 31 FR
4499, Mar. 17, 1966]
Sec. 49.35 Eligibility for recording: ownership requirements.
If the seller of an aircraft is not shown on the records of the FAA as the
owner of the aircraft, a conveyance, including a contract of conditional
sale, submitted for recording under this subpart must be accompanied by bills
of sale or similar documents showing consecutive transfers from the last
registered owner, through each intervening owner, to the seller.
Sec. 49.37 Claims for salvage or extraordinary expenses.
The right to a charge arising out of a claim for compensation for salvage
of an aircraft or for extraordinary expenses indispensable for preserving the
aircraft in operations terminated in a foreign country that is a party to the
Convention on the International Recognition 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
salvage or preservation operations.
Subpart D--Encumbrances Against Specifically Identified Aircraft Engines and
Propellers
Sec. 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 Sec. 49.17(a)), and any mortgage, equipment
trust, contract of conditional sale, or other instrument executed for
security purposes, which affects title to, or any interest in, any
specifically identified aircraft engine of 750 or more rated 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.
(c) A release, cancellation, discharge, 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]
Sec. 49.43 Eligibility for recording: general requirements.
A conveyance is eligible for recording under this subpart only if, in
addition to the requirements of Secs. 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
subpart applies, specifically identified by make, model, horsepower, and
manufacturer's serial number; and
(b) It is accompanied by the recording fee required by Sec. 49.15, but
there is no fee for recording a conveyance named in Sec. 49.41(c).
Sec. 49.45 Recording of releases, cancellations, discharges, and
satisfactions: special requirements.
(a) A release, cancellation, discharge, or satisfaction of an encumbrance
created by an instrument recorded under this subpart must be in a form
equivalent to AC Form 8050-41 and contain a description of the encumbrance,
the recording information furnished to the holder at the time of recording,
and the collateral released.
(b) If more than one engine or propeller, or both, are listed in an
instrument, 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 release, cancellation, discharge, or satisfaction must state that all of
the encumbered engines or propellers are released. 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
Sec. 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 Sec. 49.17(a), and any mortgage, equipment
trust, contract of conditional sale, or other instrument executed for
security purposes, which affects title to, or any interest in, any aircraft
engine, propeller, or appliance maintained by or on behalf of an air carrier
certificated under section 604(b) of the Federal Aviation Act of 1958 (49
U.S.C. 1424(b)) for installation or use in aircraft, aircraft engines, or
propellers, 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.
(c) A release, cancellation, discharge, 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]
Sec. 49.53 Eligibility for recording: general requirements.
(a) A conveyance is eligible for recording under this subpart only if, in
addition to the requirements of Secs. 49.11, 49.13, and 49.17, the following
requirements are met:
(1) It affects any aircraft engine, propeller, appliance, or spare part,
maintained by or on behalf of an air carrier certificated under section
604(b) of the Federal Aviation Act of 1958 (49 U.S.C. 1424(b));
(2) It contains or is accompanied by a statement by the air carrier
certificated under that section;
(3) It specifically describes the location or locations of each aircraft
engine, propeller, appliance, or spare part covered by it; and
(4) It is accompanied by the recording fee required by Sec. 49.15, but
there is no fee for recording a conveyance named in Sec. 49.51(c).
(b) The conveyance need only describe 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]
Sec. 49.55 Recording of releases, cancellations, discharges, and
satisfactions: special requirements.
(a) A release, cancellation, discharge, or satisfaction of an encumbrance
on all of the collateral listed in an instrument 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 holder of all of the collateral
at the particular location, and contain a description 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
instrument recorded under this subpart is released, canceled, discharged, or
satisfied, the locations need not be listed. However, the document must state
that all of the collateral at all of the locations listed in the encumbrance
has been so released, canceled, discharged, or satisfied. The original
recorded document must be clearly identified 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]
