[Federal Register Volume 71, Number 39 (Tuesday, February 28, 2006)]
[Rules and Regulations]
[Pages 9907-9908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1809]


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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]
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