The Oklahoma Bar Journal October 2024
issues. Ms. Niendorf’s expertise includes matters relating to the FAA regulations and aircraft registry, the Federal Transportation Code and the International Registry. 1. The National Aeronautics and Space Administration, “Wright Brothers First Flight” (March 23, 2008), https://bit.ly/3XvIIyH. 2. https://bit.ly/3Xh8VQn. 3. Encyclopedia Britannica , John F. Guilmartin and John W.R. Taylor, “Military Aircraft” (Jan. 9, 2024), www.britannica.com/technology/military-aircraft. 4. History.com, Dave Roos, “How Airplanes Were Used in World War I” (Feb. 10, 2022, updated Feb. 11, 2022), https://bit.ly/4ew1hsd. 5. National Air and Space Museum, “The Evolution of Commercial Airliners,” https://s.si.edu/4ee8Und (last visited Feb. 28, 2024). 6. https://bit.ly/4dNE596 (last visited March 1, 2024); see also U.S. Department of Transportation, Federal Aviation Administration, Aircraft Registration Branch AFB-710, Aircraft Registration and Recordation Processes ( Handbook ), §1.1, (Jun. 2018), publicly available at https://bit.ly/4edl7sm (last visited March 1, 2024). ENDNOTES
7. Handbook , §1.1; see also endnote 23 for more context. 8. International Civil Aviation Organization, “Convention on International Civil Aviation – Doc 7300 ,” https://bit.ly/47dbVBU (last visited Feb. 28, 2024). 9. Federation Aviation Administration, “A Brief History of the FAA ,” https://bit.ly/4guoXPF (last visited Feb. 28, 2024). 10. Id. at Birth of Federal Aviation Agency. 11. Oklahoma Historical Society, Thomas L. Hedglen, The Encyclopedia of Oklahoma History and Culture , “Mike Monroney Aeronautical Center,” https://bit.ly/4gvJT8W (last visited Feb. 28, 2024). 12. Handbook , §1.1; see also 49 U.S.C. §44107. 13. 14 C.F.R. pts. 47, 48 and 49. 14. The Legal Advisory Panel of the Aviation Working Group, Practitioners’ Guide to the Cape Town Convention and the Aircraft Protocol (September 2015) at p. 8. 15. UNIDROIT, Convention on International Interests in Mobile Equipment (Cape Town, 2001), “States Parties,” https://bit.ly/4cW8yAt. 16. Handbook , §§4.1.1b, 7.1. 17. Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment (Nov. 16, 2001), art. I(2)(e); see also Handbook , §4.1.1b. 18. Handbook , §§2.2.5(f), 4.1.17. 19. Handbook , §2.2.1; validity of ownership conveyance, see also Handbook §2.2.5(h) and §5.1. 20. Handbook , §2.2.5(h).
21. 49 U.S.C. §44102; 14CFR §47.7. 22. 49 U.S.C. §441029(a) only speaks to eligibility of “aircraft” for registration; as defined in 49 U.S.C. §40102(a)(6), an aircraft “means any contrivance invented, used, or designed to navigate, or fly in, the air.” Anecdotally, this is because engines traditionally were considered part and parcel with the airframe and did not have any real value other than as a supporting part. Since the inception of manned flight, the value of engines has increased dramatically, but there is still no system at the FAA to track engine ownership. 23. Official Commentary on the Cape Town Convention on International Interests in Mobile Equipment and Protocol thereto on Matters Specific to Aircraft Equipment , Sir Roy Goode (May 2022), para. 2.181. 24. See, e.g ., analysis of UniCredit Global Leasing Export GmbH v. BAL and Aviareto Limited (2019), posted at https://bit.ly/4cStZSP.
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.
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THE OKLAHOMA BAR JOURNAL
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