Cape Town Convention Goes Into Effect March 1
Are you getting ready to buy or sell an aircraft? Starting March
1, 2006, you'll have to comply with a new international treaty if
that aircraft has eight or more seats, or if it's a helicopter with
five or more seats and with engines rated at 550 horsepower or
more.
AOPA reports the Aircraft Protocol to the Cape Town Convention
on International Interests in Mobile Equipment (shown below)
requires a title search and registration through the Cape Town
International Registry (CTIR) whenever one of these larger aircraft
changes hands -- even if the sale is domestic. The United States is
a signatory to this agreement, which requires the FAA to submit
aircraft transactions to the international registry.
For US owners of larger aircraft, it means filing another form
— FAA Entry Point Filing Form, International Registry, AC
Form 8050-135 — with the FAA Civil Aircraft Registry when
ownership changes.
***
[Federal Register:
February 17, 2006 (Volume 71, Number 33)]
[Rules and
Regulations]
[Page 8457]
From the Federal Register Online via GPO Access
[wais.access.gpo.gov]
[DOCID:fr17fe06-10]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 47 and 49
[Docket No.: FAA-2004-19944; Amendment Nos. 47-27 and 49-10] RIN
2120-AI48
Cape Town Treaty Implementation
AGENCY: Federal Aviation Administration (FAA),
DOT.
ACTION: Final rule; confirmation of effective
date; approval for collection of public information.
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SUMMARY: This document confirms the effective
date of the January 3, 2005, final rule amending 14 CFR parts 47
and 49 to comply with the Cape Town Treaty Implementation Act of
2004. This document also confirms the approval by the Office of
Management and Budget (OMB) for the collection of public
information contained in the final rule.
EFFECTIVE DATE: The effective date for the
final rule amending 14 CFR parts 47 and 49 published at 70 FR 240,
January 3, 2005, is March 1, 2006.
FOR FURTHER INFORMATION CONTACT: Mr. Mark D.
Lash, Civil Aviation Registry, Mike Monroney Aeronautical Center,
6500 South MacArthur Blvd., Oklahoma City, OK 73169, telephone
(405) 954-4331.
SUPPLEMENTARY INFORMATION:
Confirmation of Effective Date
The FAA published a final rule, with a request for comment on
the information collection requirements, in the Federal Register on
January 3, 2005 (70 FR 240). This final rule revised the
regulations concerning registering aircraft and recording security
documents as directed by Section 4 of the Cape Town Treaty
Implementation Act of 2004. The Cape Town Treaty (the Treaty)
establishes a new International Registry for registering interests
against certain aircraft and aircraft engines. These amendments
enable persons to send information to the International Registry
concerning certain aircraft and aircraft engines by making the FAA
Aircraft Registry the U.S. authorizing entry point to the
International Registry.
When published, the final rule indicated that these amendments
become effective concurrent with the date the Treaty enters into
force with respect to the United States. Under the terms of the
Treaty, it enters into force three months after the eighth country
deposits formal instruments with the International Institute for
the Unification of Private Law depositary in Rome. FAA advised that
it would publish a document announcing the effective date of this
final rule. As of January 1, 2006, eight countries, including the
United States, have deposited instruments of ratification. Thus,
the Treaty enters into force with respect to the United States and
the final rule becomes effective on March 1, 2006.
OMB Approval for the Collection of Public Information
When published, the final rule indicated that the FAA had
submitted the information requirements associated with this final
rule to OMB with a request for clearance. The effective date for
the collection of this public information should be concurrent with
the date the Treaty enters into force with respect to the United
States, once approved by OMB. An agency may not conduct or sponsor,
and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control
number. The OMB control number for this collection is 2120-0697.
Notwithstanding any other provisions of law, no person is subject
to any penalty for failing to comply with a collection of
information subject to the Paperwork Reduction Act (PRA) that does
not display a valid control number.
- OMB Control Number: 2120-0697.
- OMB Approval Date: 03/29/05.
- OMB Expiration Date: 03/31/08.
- Title: FAA Entry Point Filing Form--International
Registry.
- Form Number: AC Form 8050-135.
- Respondents: Law firms, technical level personnel (paralegals),
and the public.
- Number of Respondents: 15,000.
- Estimated Time per Response: 30 minutes.
- Needs and Uses: Public Law 108-297 designates the FAA Aircraft
Registry as the U.S. entry point for authorizing the transmission
of information relating to civil aircraft of the United States,
aircraft for which a United States identification has been assigned
(but only with respect to notices of prospective assignments,
interests, and sales), and aircraft engines, to the International
Registry. It also provides for the filing of notices of prospective
interests. To transmit certain types of interests or prospective
interests to the International Registry, interested parties must
file a completed FAA Entry Point Filing Form--International
Registry, AC Form 8050-135, with the FAA Civil Aviation Registry.
Upon receipt of the completed form, the FAA Civil Aviation Registry
will issue the unique authorization code. The FAA did not receive
any adverse comments on the proposed information collection, and it
was approved by OMB.
Issued in Washington, DC on February 10, 2006.
Anthony F. Fazio,
Director, Office of Rulemaking.
[FR Doc. 06-1484 Filed 2-16-06; 8:45 am]
BILLING CODE 4910-13-P