Technical Amendments: Cape Town Treaty Implementation
Federal Register: September 26, 2008 (Volume 73, Number 188)
Rules and Regulations
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration 14 CFR Part 47
Cape Town Treaty Implementation
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; technical amendment.
SUMMARY: This final rule corrects a previously published rule. In the original document, an amendment inadvertently removed two paragraphs relating to the registration of certain aircraft. This rule reinstates those two paragraphs in their original form.
DATES: This rule is effective September 26, 2008.
FOR FURTHER INFORMATION CONTACT: Walter Binkley, Civil Aviation
Registry, AFS-750, Mike Monroney Aeronautical Center, 6500 South
MacArthur Boulevard, Oklahoma City, OK 73169; Telephone (405) 954-3131.
On January 3, 2005, FAA published a final rule revising the regulations concerning registering aircraft and recording security documents (70 FR 245). These revisions were required by the Cape Town
Treaty Implementation Act of 2004. The Cape Town Treaty established a new International Registry for registering interests against certain aircraft and aircraft engines. The rule also made unrelated technical changes to other portions of the regulations.
One of the technical changes affected 14 CFR 47.35. The amendment should have revised paragraph (a) introductory text, in order to revise an outdated reference to an Act. However, the entire paragraph (a) was inadvertently revised, which resulted in the loss of paragraphs (a)(1) and (a)(2). The information in paragraphs (a)(1) and (a)(2) was still necessary and should have remained in the section.
This technical amendment merely reinstates paragraphs (a)(1) and
(a)(2) to 14 CFR 47.35. The text of these paragraphs remains as it was at the time of their inadvertent removal.
Justification for Immediate Adoption
Because this action reinstates paragraphs that were never intended to be removed, the FAA finds that notice and public comment under 5
U.S.C. 553(b) is unnecessary. For the same reason, the FAA finds that good cause exists under 5 U.S.C. 553(d) for making this rule effective upon publication.
List of Subjects in 14 CFR Part 47
Aircraft, Reporting and recordkeeping requirements.
The Amendment 0
In consideration of the foregoing, the Federal Aviation Administration amends Chapter I of Title 14, Code of Federal Regulations, part 47, as follows:
PART 47-AIRCRAFT REGISTRATION 0 1. The authority citation for part 47 continues to read as follows:
Authority: 4 U.S.T. 1830; Pub. L. 108-297, 118 Stat. 1095 (49
U.S.C. 40101 note, 49 U.S.C. 44101 note); 49 U.S.C. 106(g), 40113- 40114, 44101-44108, 44110-44113, 44703-44704, 44713, 45302, 46104, 46301. 0 2. Amend Sec. 47.35 by adding paragraphs (a)(1) and (a)(2) to read as follows:
Sec. 47.35 Aircraft last previously registered in the United States.
(a) * * *
(1) If the applicant bought the aircraft from the last registered owner, the conveyance must be from that owner to the applicant.
(2) If the applicant did not buy the aircraft from the last registered owner, he must submit conveyances or other instruments showing consecutive transactions from the last registered owner through each intervening owner to the applicant.
* * * * *
Issued in Washington, DC, on September 22, 2008.
Director, Office of Rulemaking.
FR Doc. E8-22586 Filed 9-25-08; 8:45 am
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