NAFA member, Scott McCreary, Vice President at McAfee & Taft, shares continued changes at the FAA Aircraft Registry.
On March 28, 2025, the Federal Aviation Administration (FAA) published a notice confirming it has implemented Section 803 Data Privacy of the FAA Reauthorization Act of 2024 (Public Law 118-63), codified at 49 U.S.C. § 44114(b). Under Section 44114, Congress mandates the FAA to allow private aircraft owners to electronically request, through the Civil Aviation Registry Electronic Services (CARES), to have their name, address, and other personally identifiable information withheld from public view or dissemination on FAA websites.
The FAA advises that private aircraft owners can submit their requests via the CARES system in PDF format, explicitly stating their intent to keep such information private. Private aircraft owners must create an account on the CARES website to make the request. Public feedback is being sought on the impact and implementation of withholding this data, including the effects on maintenance, safety checks, regulatory compliance, and accessibility of necessary information. The FAA is also considering a broader approach that may categorically withhold this data by default, with the option for aircraft owners to request access to their information as needed.
Although maintaining data privacy is certainly a concern, it seems the FAA has moved forward with recent changes without much industry input or communication. Pursuant to Title 49 USC Chapter 441, the FAA Aircraft Registry is not only the place to register aircraft for operational purposes, but it is also where conveyances (bills of sale/security agreements/lease agreements/etc) affecting aircraft are filed and recorded with the FAA to provide third party notice and insolvency perfection. It is imperative aircraft owners, lenders, lessors, lessees and others have access to the FAA records and documents filed and recorded with the FAA to determine free and clear ownership of aircraft, or to establish their rights or interest in aircraft, for purposes of facilitating the purchase, financing and leasing of US registered aircraft. Indeed, the US Supreme Court in Philko Aviation, Inc. v. Shacket, 462 U.S. 406 (1983) confirmed the FAA Aircraft Registry is intended as "a central clearing house for recordation of titles so that a person, wherever he may be, will know where he can find ready access to the claims against, or liens, or other legal interests in an aircraft."
This article was originally published by Scott McCreary with McAfee & Taft on March 30, 2025.