The Oklahoma Bar Journal October 2024

Some of these included operational matters: Who can fly? For how long? With what kind of aircraft? Others included a safety element: How can aircraft talk to each other? How do planes avoid colliding in midair or during takeoff? How should a plane be maintained? The FAA’s mandate stretched to the formation of the Aircraft Registration Branch of the Civil Aviation Registry (FAA registry). The FAA registry is a repository for records pertaining to the sale, purchase and registration of airframes. As a related matter, its authority extends also to per fection through the recordation of interests against airframes, engines, propellers and spare parts maintained on or on behalf of U.S. certificated air carriers. 12 By the time the FAA registry was established by the act, these important functions related to registration and perfection had meshed into other operational

interest recordation for airframes in 1938, extending interest recorda tion to engines and propellers in 1948. 7 Simultaneously, global (great) minds were thinking alike. In 1944, the Convention on International Civil Aviation (ICAO) was signed, followed by ratification in 1947. 8 Shortly after ICAO’s estab lishment, Sen. A. S. “Mike” Monroney introduced legislation that resulted in the establishment of the Federal Aviation Administration (FAA) 9 via the Federal Aviation Act of 1958, as amended (the act). 10 As Sen. Monroney was the junior senator from Oklahoma at the time, the FAA’s already-established Oklahoma City campus grew in importance, eventually bearing Sen. Monroney’s name. 11 THE FEDERAL AVIATION ADMINISTRATION Once the FAA was established, its responsibilities extended to a number of important functions.

and airworthiness oversight tasks handled under the umbrella of the FAA and were set forth in admin istrative regulations. 13 THE CAPE TOWN CONVENTION Naturally, the aircraft industry has continued to evolve. As aircraft travel became a fact of everyday life and globalization in all areas, including financial investments, grew commonplace, parties began to seek a system that could provide a global framework for aircraft finance transactions. After many years, a new treaty called the “Cape Town Convention” sought the “enhancement and harmoniza tion of private laws in respect of the financing, lease and sale of mobile equipment” 14 – including aircraft. The United States ratified the Cape Town Convention with an entry into force on March 1, 2006. 15 To fulfill the mandate of the Cape Town Convention, an

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

OCTOBER 2024 | 19

THE OKLAHOMA BAR JOURNAL