[Federal Register: September 26, 2008 (Volume 73, Number 188)]
[Rules and Regulations]               
[Page 55722]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26se08-6]                         

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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.

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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.

SUPPLEMENTARY INFORMATION:

Background

    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an outdated reference to an Act.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.

Technical Amendment

    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.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
 [FR Doc. E8-22586 Filed 9-25-08; 8:45 am]

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