
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC44107]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                           subpart iii--safety
 
          CHAPTER 441--REGISTRATION AND RECORDATION OF AIRCRAFT
 
Sec. 44107. Recordation of conveyances, leases, and security 
        instruments
        
    (a) Establishment of System.--The Administrator of the Federal 
Aviation Administration shall establish a system for recording--
        (1) conveyances that affect an interest in civil aircraft of the 
    United States;
        (2) leases and instruments executed for security purposes, 
    including conditional sales contracts, assignments, and amendments, 
    that affect an interest in--
            (A) a specifically identified aircraft engine having at 
        least 750 rated takeoff horsepower or its equivalent;
            (B) a specifically identified aircraft propeller capable of 
        absorbing at least 750 rated takeoff shaft horsepower;
            (C) an aircraft engine, propeller, or appliance maintained 
        for installation or use in an aircraft, aircraft engine, or 
        propeller, by or for an air carrier holding a certificate issued 
        under section 44705 of this title; and
            (D) spare parts maintained by or for an air carrier holding 
        a certificate issued under section 44705 of this title; and

        (3) releases, cancellations, discharges, and satisfactions 
    related to a conveyance, lease, or instrument recorded under clause 
    (1) or (2) of this subsection.

    (b) General Description Required.--A lease or instrument recorded 
under subsection (a)(2)(C) or (D) of this section only has to describe 
generally the engine, propeller, appliance, or spare part by type and 
designate its location.
    (c) Acknowledgment.--Except as the Administrator otherwise may 
provide, a conveyance, lease, or instrument may be recorded under 
subsection (a) of this section only after it has been acknowledged 
before--
        (1) a notary public; or
        (2) another officer authorized under the laws of the United 
    States, a State, the District of Columbia, or a territory or 
    possession of the United States to acknowledge deeds.

    (d) Records and Indexes.--The Administrator shall--
        (1) keep a record of the time and date that each conveyance, 
    lease, and instrument is filed and recorded with the Administrator; 
    and
        (2) record each conveyance, lease, and instrument filed with the 
    Administrator, in the order of their receipt, and index them by--
            (A) the identifying description of the aircraft, aircraft 
        engine, or propeller, or location specified in a lease or 
        instrument recorded under subsection (a)(2)(C) or (D) of this 
        section; and
            (B) the names of the parties to each conveyance, lease, and 
        instrument.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1164.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
44107(a)(1)...........................  49 App.:1403(a)(1).              Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                                                          503(a
)(1), (3), (b), 72 Stat. 772.
                                        49 App.:1655(c)(1).              Oct. 1
5, 1966, Pub. L. 89-670, Sec.
                                                                          6(c)(
1), 80 Stat. 938; Jan. 12, 1983,
                                                                          Pub. 
L. 97-449, Sec.  7(b), 96 Stat.
                                                                          2444.
44107(a) (2)(A), (B)..................  49 App.:1403(a)(2).              Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                                                          503(a
)(2), 72 Stat. 772; restated July
                                                                          8, 19
59, Pub. L. 86-81, Sec.  1, 73
                                                                          Stat.
 180.
                                        49 App.:1655(c)(1).
44107(a) (2)(C), (D)..................  49 App.:1403(a)(3) (less words
                                         between 13th comma and
                                         semicolon).
                                        49 App.:1655(c)(1).
44107(a)(3)...........................  49 App.:1403(b).
                                        49 App.:1655(c)(1).
44107(b)..............................  49 App.:1403(a)(3) (words
                                         between 13th comma and
                                         semicolon).
44107(c)..............................  49 App.:1403(e).                 Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                                                          503(e
), 72 Stat. 773; restated June
                                                                          30, 1
964, Pub. L. 88-346, Sec.  2, 78
                                                                          Stat.
 236.
                                        49 App.:1655(c)(1).
44107(d)..............................  49 App.:1403(f).                 Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                                                          503(f
), 72 Stat. 773; July 8, 1959,
                                                                          Pub. 
L. 86-81, Sec.  4, 73 Stat. 181.
                                        49 App.:1655(c)(1).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a)(1) and (2), the words ``title to'' are omitted as 
being included in ``interest in''.
    In subsection (a)(2), before subclause (A), the word ``instruments'' 
is substituted for ``any mortgage, equipment trust . . . or other 
instrument'' because it is inclusive. The word ``supplement'' is omitted 
as being included in ``amendments''.
    In subsection (a)(3), the words ``The Secretary of Transportation 
shall also record under the system'' are omitted as unnecessary because 
of the restatement.
    In subsections (a)(3) and (c), the words ``lease, or instrument'' 
are substituted for ``other instrument'' for clarity and consistency in 
this subchapter.
    In subsections (b) and (d), the words ``or locations'' are omitted 
because of 1:1.
    In subsection (b), the words ``recorded under subsection (a)(2)(C) 
or (D) of this section'' are added for clarity. The words ``lease or 
instrument'' are substituted for ``instrument'' for clarity and 
consistency in this subchapter.
    In subsection (c), before clause (1), the words ``by regulation'' 
are omitted because of 49:322(a). In clause (2), the words ``possession 
of the United States'' are substituted for ``possession thereof'' for 
clarity.
    In subsection (d), the words ``lease, and instrument'' are 
substituted for ``other instruments'' for clarity and consistency in 
this subchapter. In clause (1), the words ``of the time and date of'' 
before ``recordation'' are omitted as unnecessary because of the 
restatement. In clause (2), before subclause (A), the words ``in files 
to be kept for that purpose'' are omitted as unnecessary. In subclause 
(A), the words ``location specified in a lease or instrument recorded 
under subsection (a)(2)(C) or (D) of this section'' are substituted for 
``in the case of an instrument referred to in subsection (a)(3) of this 
section, the location or locations specified therein'' for clarity and 
consistency in this subchapter.

                  Section Referred to in Other Sections

    This section is referred to in sections 44108, 44704 of this title.
