FAA Registry Update

Private plane flying through blue sky

Greetings Friends and Colleagues,

We bring good wishes to you from Oklahoma City and a short update regarding a few changes to FAA Registry procedures. We know everyone has enough on their respective plates, so we’ll be brief:

  1. Reminder that the FAA Registry will be closed on Thursday, November 24th and Friday, November 25th, 2022, and may close early on Wednesday, November 23rd. So if you have a closing on Wednesday, check with your Oklahoma City team.
  2. FAA Backlog – We are all aware of the backlog at the FAA Registry in connection with processing filed documents. Today, the FAA website shows that the FAA is processing documents received on approximately May 13, 2022. While this backlog creates many issues for the industry, one issue is easy to handle. As you know, when an aircraft registered with the FAA is sold to a buyer, the copy of the signed and dated FAA AC Form 8050-1 Aircraft Registration Application, once filed with the FAA, permits domestic operation of the aircraft for 90 days. Historically, this has allowed enough time for the FAA to issue the AC Form 8050-3 Certificate of Aircraft Registration for placement on board the aircraft. However, the FAA backlog is currently over 180 days, meaning the 90-day period of temporary registration will expire before the 8050-3 is issued. So, what do you do? Easy answer – the FAA will issue an extension of the 8050-1 upon request. So, docket your calendars for 70 days after the date of your 8050-1 and contact your favorite Oklahoma City team to order an extension for you.
  3. Processing of FAA Priorities – The FAA has recently informed the public of timelines for working priorities, as follows: (i) the FAA will continue their commitment to work imports received by 11:00 a.m. by close of business when possible, (ii) the FAA expects to process all exports within three business days of filing, and (iii) all other priorities (i.e. fly wires for international flights) will be processed in order of date and time received. Currently, the FAA’s workload is overwhelming and, although we have been advised that the FAA is realigning staff to focus on priority matters, we are seeing significant delays in the processing of all priorities. So plan accordingly!
  4. Digital Signatures – Just when you thought everything with digital signatures was working smoothly, another hitch surfaces! Be aware that the FAA is now rejecting digital signatures where any part of the digital signature is illegible. For example, signatures created through DocuSign are often placed such that the code at the bottom is across the signature block line and, thus, illegible. So, be sure the signature block space is adequate to accommodate the entire digital signature or your document will be rejected. If you have any concerns about a digital signature, be sure to reach out to your favorite Oklahoma City team to review and verify that the signature will work, so that you can avoid any issues.
  5. On November 16, 2022, the FAA Acting Administrator issued a direct final rule (i.e. a rule that the FAA anticipates will be non-controversial) that extends the aircraft registration renewal process from three to seven years. The rule becomes effective 60 days after publication in the Federal Register. The rule also includes a provision whereby the temporary authority of an FAA AC Form 8050-1 Aircraft Registration Application will be increased from 90 days to 12 months, which would eliminate the need for extensions of the temporary authority discussed above in Item 2.
  6. The Department of the Treasury issued a final rule (87 FR 59498, September 30, 2022) regarding beneficial ownership information reporting requirements that could impact the industry. More to come on this new regulation.
  7. And last but certainly not least, we welcome two new attorneys to our aircraft team: Amanda Landherr and Hannah Coker!