Page 1055 TITLE 49—TRANSPORTATION § 44101

AMENDMENTS Sec. 44108. Validity of conveyances, leases, and security 2018—Subsec. (b). Pub. L. 115–254 amended subsec. (b) instruments. generally. Prior to amendment, text read as follows: 44109. Reporting transfer of ownership. ‘‘An air carrier, foreign air carrier, or ticket agent sell- 44110. Information about aircraft ownership and ing, in the , a ticket for a flight in foreign rights. air transportation to a country listed on the Internet 44111. Modifications in registration and recordation Web site established under subsection (a) shall refer the system for aircraft not providing air trans- purchaser of the ticket to the Internet Web site estab- portation. lished under subsection (a) for additional information.’’ 44112. Limitation of liability. EFFECTIVE DATE 44113. Definitions. Requirements of this section to begin to apply 60 days after Feb. 14, 2012, except as otherwise provided, AMENDMENTS see section 415(c) of Pub. L. 112–95, set out as a note 2004—Pub. L. 108–297, § 6(b), Aug. 9, 2004, 118 Stat. 1097, under section 42301 of this title. added item 44113. § 42304. Widespread disruptions § 44101. Operation of aircraft (a) GENERAL REQUIREMENTS.—In the event of a widespread disruption, a covered air carrier (a) REGISTRATION REQUIREMENT.—Except as shall immediately publish, via a prominent link provided in subsection (b) of this section, a per- on the air carrier’s public internet website, a son may operate an aircraft only when the air- clear statement indicating whether, with re- craft is registered under section 44103 of this spect to a passenger of the air carrier whose title. is interrupted as a result of the wide- (b) EXCEPTIONS.—A person may operate an air- spread disruption, the air carrier will— craft in the United States that is not reg- (1) provide for hotel accommodations; istered— (2) arrange for ground transportation; (1) when authorized under section 40103(d) or (3) provide meal vouchers; 41703 of this title; (4) arrange for air transportation on another (2) when it is an aircraft of the national de- air carrier or foreign air carrier to the pas- fense forces of the United States and is identi- senger’s destination; and fied in a way satisfactory to the Adminis- (5) provide for sleeping facilities inside the trator of the Federal Aviation Administration; terminal. and (3) for a reasonable period of time after a (b) DEFINITIONS.—In this section, the following transfer of ownership, under regulations pre- definitions apply: scribed by the Administrator. (1) WIDESPREAD DISRUPTION.—The term ‘‘widespread disruption’’ means, with respect (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. to a covered air carrier, the interruption of all 1161.) or the overwhelming majority of the air car- HISTORICAL AND REVISION NOTES rier’s systemwide flight operations, including flight delays and cancellations, as the result Revised Source (U.S. Code) Source (Statutes at Large) of the failure of 1 or more computer systems Section or computer networks of the air carrier. 44101(a) ...... 49 App.:1401(a) (1st Aug. 23, 1958, Pub. L. 85–726, (2) COVERED AIR CARRIER.—The term ‘‘cov- sentence words § 501(a), 72 Stat. 771. before proviso less ered air carrier’’ means an air carrier that words between pa- provides scheduled passenger air transpor- rentheses). 44101(b) ...... 49 App.:1401(a) (1st tation by operating an aircraft that as origi- sentence words nally designed has a passenger capacity of 30 between paren- theses, proviso, or more seats. last sentence). 49 App.:1655(c)(1). Oct. 15, 1966, Pub. L. 89–670, (c) SAVINGS PROVISION.—Nothing in this sec- § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, tion may be construed to modify, abridge, or re- § 7(b), 96 Stat. 2444. peal any obligation of an air carrier under sec- tion 42301. In this section, the word ‘‘navigate’’ is omitted as being included in the definition of ‘‘operate aircraft’’ in (Added Pub. L. 115–254, div. B, title IV, § 428(a), section 40102(a) of the revised title. Oct. 5, 2018, 132 Stat. 3341.) In subsection (a), the words ‘‘Except as provided in subsection (b) of this section’’ are added for clarity. SUBPART III—SAFETY The words ‘‘a person may . . . an aircraft only when the CHAPTER 441—REGISTRATION AND aircraft is registered under section 44103 of this title’’ RECORDATION OF AIRCRAFT are substituted for ‘‘It shall be unlawful . . . any air- craft eligible for registration if such aircraft is not reg- Sec. istered by its owner as provided in this section, or . . . 44101. Operation of aircraft. any aircraft not eligible for registration’’ for clarity 44102. Registration requirements. and to eliminate unnecessary words. 44103. Registration of aircraft. In subsection (b), before clause (1), the words ‘‘A per- 44104. Registration of aircraft components and deal- son may operate an aircraft in the United States that ers’ certificates of registration. is not registered’’ are substituted for ‘‘may be operated 44105. Suspension and revocation of aircraft certifi- and navigated without being so registered’’ and ‘‘may cates. . . . permit the operation and navigation of aircraft 44106. Revocation of aircraft certificates for con- without registration’’ for clarity. In clause (2), the trolled substance violations. words ‘‘identified in a way’’ are substituted for ‘‘identi- 44107. Recordation of conveyances, leases, and secu- fied, by the agency having jurisdiction over them, in a rity instruments. manner’’ to eliminate unnecessary words. § 44102 TITLE 49—TRANSPORTATION Page 1056

EFFECTIVE DATE OF 2004 AMENDMENT with current aircraft document recordation systems of the Federal Aviation Administration, which have Pub. L. 108–297, § 7, Aug. 9, 2004, 118 Stat. 1097, pro- served United States industry well. vided that: ‘‘This Act [see Short Title of 2004 Amend- ‘‘(6) The United States Government was a leader in ment note set out under section 40101 of this title], in- the development of the Treaty. cluding any amendments made by this Act, shall take ‘‘(b) PURPOSE.—Accordingly, the purpose of this Act effect on the date the Cape Town Treaty (as defined in [see Short Title of 2004 Amendment note set out under section 44113 of title 49, United States Code) enters into section 40101 of this title] is to provide for the imple- force with respect to the United States and shall not mentation of the Cape Town Treaty in the United apply to any registration or recordation that was made States by making certain technical amendments to the before such effective date under chapter 441 of such provisions of chapter 441 of title 49, United States Code, title or any legal rights relating to such registration or directing the Federal Aviation Administration to com- recordation.’’ [The Cape Town Treaty entered into plete the necessary rulemaking processes as expedi- force with respect to the United States on Mar. 1, 2006. tiously as possible, and clarifying the applicability of See 71 F.R. 8457.] the Treaty during the rulemaking process.’’ REGULATIONS § 44102. Registration requirements Pub. L. 108–297, § 4, Aug. 9, 2004, 118 Stat. 1096, pro- vided that: (a) ELIGIBILITY.—An aircraft may be registered ‘‘(a) IN GENERAL.—The Administrator of the Federal under section 44103 of this title only when the Aviation Administration shall issue regulations nec- aircraft is— essary to carry out this Act [see Short Title of 2004 (1) not registered under the laws of a foreign Amendment note set out under section 40101 of this country and is owned by— title], including any amendments made by this Act. (A) a citizen of the United States; ‘‘(b) CONTENTS OF REGULATIONS.—Regulations to be (B) an individual citizen of a foreign coun- issued under this Act shall specify, at a minimum, the try lawfully admitted for permanent resi- requirements for— dence in the United States; or ‘‘(1) the registration of aircraft previously reg- (C) a corporation not a citizen of the istered in a country in which the Cape Town Treaty is in effect; and United States when the corporation is orga- ‘‘(2) the cancellation of registration of a civil air- nized and doing business under the laws of craft of the United States based on a request made in the United States or a State, and the air- accordance with the Cape Town Treaty. craft is based and primarily used in the ‘‘(c) EXPEDITED RULEMAKING PROCESS.— United States; or ‘‘(1) FINAL RULE.—The Administrator shall issue regulations under this section by publishing a final (2) an aircraft of— rule by December 31, 2004. (A) the United States Government; or ‘‘(2) EFFECTIVE DATE.—The final rule shall not be ef- (B) a State, the District of Columbia, a fective before the date the Cape Town Treaty enters territory or possession of the United States, into force with respect to the United States [Mar. 1, or a political subdivision of a State, terri- 2006, see Effective Date of 2004 Amendment note tory, or possession. above]. ‘‘(3) ECONOMIC ANALYSIS.—The Administrator shall (b) DUTY TO DEFINE CERTAIN TERM.—In carry- not be required to prepare an economic analysis of ing out subsection (a)(1)(C) of this section, the the cost and benefits of the final rule. Secretary of Transportation shall define ‘‘based ‘‘(d) APPLICABILITY OF TREATY.—Notwithstanding and primarily used in the United States’’. parts 47.37(a)(3)(ii) and 47.47(a)(2) of title 14, of the Code of Federal Regulations, Articles IX(5) and XIII of the (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. Cape Town Treaty shall apply to the matters described 1161.) in subsection (b) until the earlier of the effective date of the final rule under this section or December 31, HISTORICAL AND REVISION NOTES 2004.’’ Revised Section Source (U.S. Code) Source (Statutes at Large) CAPE TOWN TREATY; FINDINGS AND PURPOSE Pub. L. 108–297, § 2, Aug. 9, 2004, 118 Stat. 1095, pro- 44102(a)(1) .. 49 App.:1401(b) (1st Aug. 23, 1958, Pub. L. 85–726, sentence cl. (1)). § 501(b), 72 Stat. 772; re- vided that: stated Nov. 9, 1977, Pub. L. ‘‘(a) FINDINGS.—Congress finds the following: 95–163, § 14, 91 Stat. 1283; ‘‘(1) The Cape Town Treaty (as defined in section Mar. 8, 1978, Pub. L. 95–241, 92 Stat. 119. 44113 of title 49, United States Code) extends modern 44102(a)(2) .. 49 App.:1401(b) (1st commercial laws for the sale, finance, and lease of sentence cl. (2)). aircraft and aircraft engines to the international 44102(b) ...... 49 App.:1401(b) (last sentence). arena in a manner consistent with United States law and practice. In subsection (a), before clause (1), the words ‘‘may be ‘‘(2) The Cape Town Treaty provides for inter- registered’’ are substituted for ‘‘shall be eligible for nationally established and recognized financing and registration’’, and the words ‘‘under section 44103 of leasing rights that will provide greater security and this title’’ are added, for clarity. The words ‘‘only commercial predictability in connection with the fi- when’’ are substituted for ‘‘if, but only if’’ for consist- nancing and leasing of highly mobile assets, such as ency. In subclause (C), the words ‘‘not a citizen of the aircraft and aircraft engines. United States’’ are substituted for ‘‘(other than a cor- ‘‘(3) The legal and financing framework of the Cape poration which is a citizen of the United States)’’ to Town Treaty will provide substantial economic bene- eliminate unnecessary words. The word ‘‘lawfully’’ is fits to the aviation and aerospace sectors, including omitted as surplus. the promotion of exports, and will facilitate the ac- In subsection (b), the words ‘‘In carrying out sub- quisition of newer, safer aircraft around the world. section (a)(1)(C) of this section’’ are added because of ‘‘(4) Only technical changes to United States law the restatement. The words ‘‘by regulation’’ are omit- and regulations are required since the asset-based fi- ted as unnecessary because of 49:322(a). nancing and leasing concepts embodied in the Cape Town Treaty are already reflected in the United § 44103. Registration of aircraft States in the Uniform Commercial Code. ‘‘(5) The new electronic registry system established (a) GENERAL.—(1) On application of the owner under the Cape Town Treaty will work in tandem of an aircraft that meets the requirements of