FAA plans major regulatory updates to aircraft registration procedures, certificates

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The US Federal Aviation Administration (FAA) announced two technical but transformative, pending regulatory changes, possibly effective January 17, 2025, as it continues to modernise its aircraft registration and certification processes, according to Scott McCreary, vice president at McAfee & Taft.

These regulatory changes, detailed in two final rules published in the Federal Register (Docket Numbers: FAA-2024-2764 and FAA-2024-2765), streamline procedures and align them with the capabilities of the FAA’s new and improving Civil Aviation Registry Electronic Services (CARES) system.

Modernized Aircraft Registration and Recordation Procedures

https://www.federalregister.gov/public-inspection/2025-00763/aircraft-registration-and-recordation-procedural-updates-original-documents-and-stamping

Electronic Submissions: To “provide administrative relief from the requirements for submitting original documents” the FAA has determined original documents (i.e. manually executed originals of documents) are no longer required to be filed in many instances, although they will continue to be accepted.

Accordingly, the FAA has modified 14 CFR Parts 47 and 49 to allow the FAA flexibility to accept manually executed scanned or digitally signed documents electronically.

The FAA further provided “for some documents and materials, a photocopy or digital image may be acceptable; for others, a true or certified copy may be required (see, e.g., §§47.8(a)(1), 47.11(b)(2), 49.31(a), and 49.33(c), as amended). The regulatory relief provided will enable persons to upload copies of ink signed documents and digitally signed original documents for submission via CARES and a successor system.”

End of Document Stamping for CARES Submissions: To “sunset the FAA’s practice of stamping documents” the FAA will discontinue stamping incoming documents submitted though the CARES system as CARES digitally records submission times.

Presumably documents filed by mail, email or physically though the FAA Public Documents Room will continue to be file stamped.

Enhanced Flexibility for True Copies: Previously, under 14 CFR § 49.21, the FAA allowed parties to submit an originally certified paper copy of an original document along with the actual original document. The FAA would then record the originally certified copy and return the original to the party making the filing if requested. The FAA has revised § 49.21 to specifically allow the FAA flexibility to accept true or certified copies of documents without the requirement that the original be filed, streamlining processes.

Electronic Issuance of Aircraft Registration and Dealer Certificates

Certificates Issued Electronically: The FAA estimates it currently takes 7-10 business days for registered owners to receive aircraft registration and dealer certificates via mail. The FAA will now issue aircraft registration and dealer certificates electronically via email, ensuring near-instant delivery. Paper certificates remain available upon request.

Returning Certificates and Notices: The FAA recognizes it is no longer logical to require parties receiving certificates via email to destroy the certificates or physically return them to the FAA. The FAA has amended Part 47 as follows: The holder of an electronically issued certificate may notify the FAA by email or other acceptable means, in lieu of completing the reverse side of a paper certificate and mailing it to the FAA, when any of the changes specified in § 47.41(a) occurs regarding the status of the registered aircraft or registered owner. Only the paper or printed copies of the aircraft registration certificate need to be destroyed when required under § 47.41(b)(3). Nevertheless, the use of an invalid or ineffective certificate remains unlawful. Only a certificate issued in paper form must be returned to the FAA.

Background and Regulatory Process: These regulatory changes are part of the FAA’s implementation of the CARES system, a digital modernization initiative mandated by the FAA Reauthorization Act of 2018. Recognizing the procedural nature of these changes, the FAA has implemented the rules without prior notice and comment, citing exemptions under the Administrative Procedure Act (5 U.S.C. 553).

The FAA has confirmed this approach is permissible for rules related to “agency organization, procedure, or practice” that do not alter substantive rights or obligations. By bypassing traditional notice-and-comment requirements, the FAA expedited the implementation of these procedural updates to meet industry needs and congressional mandates.

Additional thoughts

The FAA confirmed the pending regulatory changes do not alter the substantive rights or obligations of persons applying for aircraft registration or submitting conveyances for recordation.

Many of the changes are to better implement the CARES system upgrades, and the FAA confirmed that: “full implementation of the CARES system is expected by late 2025. Ultimately, CARES will become the central and legal repository of all aircraft registration and airman certification records and will fully replace the existing service.”

The changes will likely provide significant benefits to the industry, including (i) faster processing and delivery of certificates and other documents, (ii) reduced costs for the industry when registering aircraft or recording documents with the FAA, and (iii) improved efficiency of the aircraft closing process.

Nevertheless, it remains to be seen how some of the regulatory changes will be implemented by the FAA and how they will affect closings and procedures for the industry. For instance, if parties are allowed to utilize a digital copy of the Certificate of Aircraft Registration will there be a need to obtain a Fly Wire? Or will aviation authorities in other countries recognize the digital copy of the Certificate of Registration, which of course won’t be in the prior hard card form?

The article was initially published on LinkedIn by Scott McCreary, vice president at McAfee & Taft.

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