legal

Contact Information:

Theresa C. Myers
theresa.c.myers@nafa.aero
410-571-1740

Kevin Johnson
kevin.johnson@fmjlaw.com
952-995-9500

NAFA Welcomes New Member: Fafinski Mark & Johnson (FMJ Law)

Edgewater, MD — October 8, 2025 - The National Aircraft Finance Association (NAFA) is proud to announce that Fafinski Mark & Johnson (FMJ Law) has joined its distinguished network of business and general aviation finance professionals.

NAFA President Bryan Byers welcomes Fafinski Mark & Johnson (FMJ Law) to the National Aircraft Finance Association. "We are thrilled to have FMJ Law join our network, and we anticipate that their expertise in a variety of areas of Aviation practice will be immensely valuable in enhancing the knowledge and resources available to all NAFA members." 

Fafinski Mark & Johnson (FMJ Law) is a full-service commercial and business law firm based in Minnesota. FMJ Law provides sophisticated legal service with the power of a big firm, along with the responsiveness, compelling value, and agility of a small firm. FMJ’s Aviation Practice Group represents and advises aviation industry clients from around the world in a variety of areas, including Business Aviation, Commercial Aviation, Aviation Litigation, and Aviation M&A. FMJ’s aviation team is recognized nationally and internationally for their experience and insider knowledge of the aviation industry and all of the complexities involved with aircraft purchase and sale transactions, financing, and leasing.

“Fafinski Mark & Johnson is proud to join the National Aircraft Finance Association,” said Kevin Johnson, Chair of the Aviation Practice Group. “Our team has represented business aircraft buyers and seller, lenders, aircraft management companies, and brokers in numerous purchase, finance, and leasing transactions. We have been counseling to and opposite many NAFA members over the last 20 plus years, and we are pleased to finally join this excellent organization. NAFA’s mission to improve and facilitate the lending process to support aircraft buyers aligns perfectly with our commitment to delivering practical, business-focused legal solutions to the aviation industry, and we are excited to be a part of this community.”

About NAFA:  
The National Aircraft Finance Association (NAFA) is a professional association comprised of over 171 companies that promote the general welfare of aircraft finance for more than 50 years. Through collaboration, expertise, and educational content, NAFA provides the business and GA aircraft finance community opportunities for growth and betterment. Our network of members is comprised of lenders and product service providers who work together to finance general and business aviation aircraft. NAFA sets the standard for best practices in aviation finance by educating its members with the most up-to-date industry trends and best practices. Government legislation, market influences and industry insights allow member companies to provide the highest quality services the industry has to offer. More information at https://www.nafa.aero.

While tax considerations are basically simpler for aircraft sellers than for aircraft buyers in the US, several important matters still require care and attention, as Chris Kjelgaard reports...

At a surface level, the tax considerations facing aircraft sellers in the United States are simpler than they are for aircraft buyers – not cheaper in terms of tax liabilities due, but simpler.

“From the seller’s viewpoint, for tax mitigation you look at the recapture of depreciation and what you need to do to address that,” Scott Burgess, Partner at Aviation Legal Group outlines.

In terms of tax liability arising from aircraft sales, the only thing US sellers must bear in mind is the amount of federal (and possibly state) income tax for which they will be liable on any capital gain they realize on selling their aircraft, he adds.

If the seller sells the aircraft but does not replace it, then they’re liable for the income tax due on the amount of capital gain they have realized.

But if they replace the aircraft they’ve sold with a different aircraft, then they will be able to use the depreciation amount available from the replacement purchase to offset some, or all, of the income tax which would have otherwise been payable.

For instance, if a seller bought an aircraft for $10m originally and during their ownership has depreciated it on their balance sheet to $5m, selling the aircraft for $9m, the seller is left with a $4m capital gain on which federal income tax would be due for that tax year, Burgess illustrates.

Depending on whether the seller is an individual or a corporation, the federal income tax rate on that $4m capital gain would vary from 37% to 21%. The level of state income tax due would vary depending on the state in which the corporation or individual is officially resident – and in some US states they would be liable for very little or no state income tax at all.

Read full article here

This article was originally published by AvBuyer on October 2, 2025.

NAFA member Amanda Applegate with Soar Aviation Law shares the EU-US Aircraft and Parts Tariff Update.

At the end of July, the United States and the European Union (EU) reached a provisional agreement to exempt aircraft and aircraft parts from U. S. tariffs.  While the deal was announced in the summer, formal guidance was not issued until September 24, 2025. The published guidance confirms that imports of qualifying European aerospace products are now eligible for zero-tariff treatment, retroactive to September 1, 2025. This retroactive application is significant.  Any entries made during September for EU-origin aircraft or parts where duties were paid should be reviewed.  If duties were assessed at the time of entry, importers are advised to file amendments to recover those payments.  Acting promptly will ensure full benefit from the duty-free treatment.

Read full article here

This article was originally published by Soar Aviation Law on October 2, 2025.

NAFA member Holland & Knight shares their summary of the possible lapse in appropriations under the government shutdown advisory.

Much of the federal government is funded by 12 annual appropriations bills. The federal fiscal year (FY) for 2026 begins on Oct. 1, 2025, and, if appropriations bills have not been enacted into law before that date or a temporary funding measure – known as a continuing resolution (CR) – has not been enacted, a gap (or lapse) in appropriations will occur.

Timeline

On Sept. 19, 2025, by a vote of 217-212, the U.S. House of Representatives passed a Republican-sponsored CR (H.R.5371) to keep the government open through Nov. 21, 2025, generally extending funding at current levels with enhanced security funding for government officials and extension of some expiring authorizations related to veterans' benefits and healthcare. They included the Medicare-dependent hospital and low-volume adjustment programs, telehealth and hospital-at-home flexibilities, as well as the Cybersecurity Information Sharing Act. The bill also would have delayed Medicaid Disproportionate Share Hospital cuts that are set to become effective Oct. 1, 2025. Later the same day, however, the U.S. Senate rejected H.R.5371 by a 44-48 cloture vote.

The Senate also rejected a Democrat-sponsored CR (S.2882) on Sept. 19, 2025, to fund the government at current levels through Oct 31, 2025, by a 47-45 cloture vote. Though the Democratic version included an extension of the same public health provisions as the CR (H.R5371), it also included a permanent extension of the enhanced premium tax credits (EPTCs) that are set to expire on Dec. 31, 2025. The bill would also repeal the healthcare provisions in the One Big Beautiful Bill Act (OBBB), Pub. L. 119-21. On Sept. 18, 2025, the Congressional Budget Office (CBO) released an analysis¹ estimating that a permanent extension of the EPTCs would cost roughly $350 billion between 2026 and 2035 and expand health insurance coverage to an additional 3.8 million people by 2035. In addition, repealing provisions of the OBBB that restrict marketplace eligibility and enrollment – such as those targeting certain immigrants and low-income individuals – would add about $272 billion in costs and increase coverage by 2.9 million people in 2035.

Next steps are unclear as lawmakers departed for the Rosh Hashanah recess, and the House is not scheduled to return until after FY 2026 begins. President Donald Trump is now scheduled to meet with House and Senate Republican and Democratic leadership on Monday, September 29, after previously cancelling a proposed meeting with the Democratic leaders last week.

On Sept. 24, 2025, it was reported that the Office of Management and Budget (OMB) has directed agencies to consider extensive employee layoffs in unfunded programs that are not administration priorities if the government shuts down on Oct. 1, 2025. An OMB memo directs agencies "to use this opportunity to consider Reduction in Force (RIF) notices for all employees in programs, projects, or activities (PPAs) that satisfy all three of the following conditions: (1) discretionary funding lapses on October 1, 2025; (2) another source of funding, such as OBBB, is not currently available; and (3) the PPA is not consistent with the President's priorities." The memo asserts "Federal programs whose funding would lapse and which are otherwise unfunded … are no longer statutorily required to be carried out."

The memo was first reported by Politico, citing an OMB source as saying the following programs "will continue regardless of a shutdown": Social Security, Medicare, veterans benefits, military operations, law enforcement, U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP) and air traffic control. Notably, each of these programs has funding from the OBBB or other mandatory or advanced appropriations that may be spent during a shutdown or involves activities easily deemed by OMB to be necessary for the safety of human life or the protection of property under the Antideficiency Act.²

^{Read full article here}

This article was originally published by Holland & Knight on September 30, 2025.

NAFA member, David G. Mayer of Shackelford, McKinley & Norton, LLP, shares his latest blog post on how the ultra-wealthy buy private jets. 

Buying a private jet, or a fraction of one, is a viable option.

The act of buying a private jet is a momentous activity typically reserved for aircraft operators, corporations, or ultra-high-net-worth individuals. However, for the latter, they may have more options at their disposal than the others do when it comes to making the purchase.

Ultra-high Net Worth

Starting with investable assets of at least $30 million, the ultra-high-net-worth (UHNW) individual, company, or family represents the top 1% (or higher) level of wealth globally. They likely have a significant capacity to buy a private jet, and are a much larger group of purchasers than billionaires.

UHNW individuals often have friends who are captains of industry, philanthropic leaders, and celebrities who, like them, have access to—or own—private aircraft. While not universal, those with UHNW may have access to investment opportunities that are not available to the general public. As investors, UHNW individuals tend to diversify their holdings in cross-border stock and bond markets, luxury real estate (ranches, island escapes, and ski homes), private equity, commodities, private credit, art, and other collectibles, as well as cryptocurrencies and alternative investments.

Notably, on June 17, 2025, BlackRock released its 2025 Global Family Office Survey, which revealed that current geopolitical uncertainty is the most important issue for 84% of family offices and is a critical factor in their capital allocation decisions. Although I see aspirational purchasers who do not ultimately buy jets, these events do not often dissuade UHNW from buying or financing jets.

Read full article here

This article was originally published by AINsight on September 12, 2025.

NAFA member Soar Aviation Law shares their latest article on the arrival of the 4th quarter rush.

Historically, the fourth quarter has been the busiest period for aircraft transactions. However, 2025 is proving to be an exception. The surge in activity has begun unusually early, with August already showing signs of the traditional fourth-quarter rush. The shift is not coincidental – it is the result of several converging factors that have created a sense of urgency among buyers. Chief among these are the reinstatement of 100% bonus depreciation under the One Big Beautiful Bill Act (OBBBA), labor shortages affecting inspection availability, and ongoing uncertainty surrounding aircraft tariffs.

The OBBBA permanently reinstates 100% bonus depreciation for qualified property placed into service after January 19, 2025 under Section 168(k). This applies to new and pre-owned aircraft, provided they are predominantly used in the United States for qualified business purposes. It is important when establishing the aircraft ownership and operating structure to avoid related party leases or personal use, which can limit qualified business use. This means businesses can deduct the entire purchase price of an eligible aircraft in the year it is placed into service.

Read full article here

This article was originally published by Soar Aviation Law in August 2025. 

This webinar covers the basic rules for importing aircraft through U.S. Customs and related tariff issues. While imports through Customs have long been required and penalties for violations severe, understanding the requirements is especially important today due to the unfamiliar, complicated, and evolving tariff rules that now apply to aircraft imports.

Key insights from the discussion included:

Don’t be fooled by these Myths!

• U.S. registered aircraft do not need to be imported through U.S. Customs. WRONG!

• Tariffs don’t apply to U.S. registered aircraft. WRONG!

• Tariffs don't apply to used aircraft. WRONG! 

Important Considerations:

• Do your due diligence.

• Consider possible tariff implications when deciding where you should conduct a pre-buy inspection (PBI) and/or closing since an aircraft arrival in the US, even for a PBI or closing, could constitute an “import” and subject the parties to a tariff.

• Ensure the purchase agreement is clear as to which party is responsible for paying a tariff (if applicable).
 

Summary:

• Consult a knowledgeable professional before moving an aircraft to the U.S. since importation rules are complicated, and misunderstanding tariffs could lead to costly mistakes.

Click here to view full webinar

NAFA member, David G. Mayer with Shackelford, McKinley & Norton, shares his latest blog regarding the FAA's improved privacy issues.

Has privacy around business aircraft been lost or found? Although the FAA is again attempting to enhance privacy in and around aircraft, increasingly sophisticated intrusions, along with attendant risks to safety and security, persist, as does the potential for aircraft damage. This blog discusses how to identify breaches and possible regulatory, legal structuring, and other solutions to achieve the still elusive goal of personal/aircraft privacy. Confidentiality also improves with proper structuring.

The FAA is trying to enhance the privacy around business aircraft registered in the U.S. By limiting access to information about owners of U.S.-registered aircraft, the FAA has somewhat improved privacy, safety, and security, but significant challenges remain across the ownership and transaction experience. These issues extend not only to registered owners but also to lessees and the ultimate beneficial owners (UBOs) who call the shots behind the scenes. 

Consequently, with the focus on owners, UBOs need to understand and insist on protocols that optimize privacy, safety, and security involving their aircraft. Initially, UBOs should deploy measures to achieve privacy through legal ownership structuring, use of regulatory policy tools, and aircraft management.

For situations where the parties require secrecy or identify credible threats of personal injury or physical damage to the aircraft, UBOs may elect to fly on a different aircraft via a jet card, charter, club, fractional share, or other lift.

Read full article here

This article was originally published by David G. Mayer in AIN on July 11, 2025.

NAFA member Amanda Applegate, Founding Partner at Soar Aviation Law, shares the importance of technical representation in aircraft acquisitions.

I have written many times about the importance of assembling the right team when acquiring an aircraft. This team typically includes the buyer, an aircraft broker, escrow agent, lender, aviation attorney, tax advisor, insurance broker, and a management company or flight department. One essential, but sometimes overlooked, member of this team is the technical representative. Too often, the technical representative is not brought in until the pre-purchase inspection. In reality, their role should begin much earlier – at the very start of the acquisition process. A technical expert can provide critical insights throughout the transaction, from market analysis to delivery.

Partnering with a technical representative at the outset allows for a more informed aircraft selection. Working alongside the broker, the technical expert can help evaluate aircraft options – not only based on mission and budget, but also through an early review of aircraft records. This initial technical review helps identify potential performance issues, maintenance concerns, or damage history – factors that should be understood before signing a purchase agreement. If the agreement is signed early, it should allow the buyer to terminate the transaction without penalty after this preliminary document and visual review, should the findings warrant it.

Read full article here

This article was originally published by Soar Aviation Law on June 18, 2025.

NAFA member Gilchrist Aviation Law shares the Aircraft Title Lawyer & Title Company Coalition's joint response to the FAA. 

On May 23, 2025, the Aircraft Title Lawyer & Title Company Coalition (“ATLTCC”) submitted a joint response to the FAA’s request for comment to withhold certain aircraft registration information from public dissemination.  If you are unfamiliar with the FAA’s privacy proposal and the related request for comment, we encourage you to read part one of our “Flying Private” series to learn more about the scope and implications of this new directive.

As expected, the new rule has drawn significant attention from across the aviation industry, with numerous stakeholders weighing in to express their support or concerns. In total, more than 600 comments were submitted during the public comment period, which closed on June 4, 2025.

The ATLTCC is an informal association of aviation title companies and law firms, Gilchrist Aviation Law being a part of this group. Given their proximity to the Mike Monroney Aeronautical Center and the FAA Aircraft Registry in Oklahoma City, these companies play a vital role in the aircraft transaction ecosystem. While the ATLTCC does not regularly meet, the FAA’s introduction of a privacy option for aircraft registration prompted a united response from those most deeply involved in the examination of FAA records.

Read full article here

This article was originally published by Gilchrist Aviation Law on June 10, 2025.

NAFA member David G. Mayer, Partner with Shackelford, McKinley & Norton, discusses ways to buy a plane during tariff uncertainty - but with cash, financing, or leasing?

Buying and financing an aircraft may seem riskier now than in recent memory due to the impact of ever-changing tariffs, recession fears, and geopolitical risks. The sheer lack of clarity and certainty and the undeniable complexity of tariffs appear to be slowing or disrupting aircraft purchase transactions.

Tariffs may raise the purchase price of an aircraft permanently imported into the U.S., including its engines, components, materials, and parts, as I discussed in my recent blog. Under the weight of these factors, what is the path forward in buying, selling, financing, and leasing aircraft consistent with transaction best practices?

Strategy To Purchase an Aircraft Involving Tariffs

As a purchaser, you might focus first on buying an acceptable aircraft considered to be manufactured in the U.S., if available, or an aircraft exempt under the United States-Mexico-Canada Agreement (USMCA), the successor to NAFTA. Even if a seller of an exempt aircraft asks for an elevated price, the asking price might still be less than a similar make and model aircraft subject to a tariff.

Regardless of the origin of an aircraft, it is essential to thoroughly analyze potential tariffs or exemptions and related costs before signing a letter of intent (LOI) to purchase an aircraft, even if you think an exemption applies to the aircraft. Each aircraft will have its own tariff story and exposure.

The LOI, which states the key terms of a purchase, should include provisions on dealing with potential tariffs, including when and where to conduct a pre-buy inspection. For example, the LOI could provide that the pre-buy inspection be conducted in Europe to avoid paying a U.S. tariff unnecessarily if a buyer rejects the airplane in the U.S. and the owner elects to return the aircraft to its base in Europe.

An aircraft purchase agreement (APA) should reflect and expand on the LOI tariff provisions to allow the parties to adjust to evolving tariffs. Consider provisions where the parties might retain mutual rights to terminate a deal (possibly via a specialized form of a “force majeure” clause); create an escrow deposit to fund tariffs; expand tax indemnities to protect against unexpected tariffs, changes in tariff rules, or related claims; and obtain representations and documentation that confirm that tariff exemptions apply. Realistically, the purchaser and seller may need to negotiate terms in their LOI and APA to “share the pain” of tariffs, bonds, and other import costs (possibly in a purchase price adjustment provision).

Strategy To Finance Aircraft Purchases Involving Tariffs

Although financing tariffs dilute the aircraft collateral or residual value coverage for the lender or lessor, that does not mean these financiers cannot or will not make a loan or lease regarding an aircraft, including the aircraft’s tariffs. Competition among financiers practically guarantees this result.

To set the table for negotiations, you should ask your potential lender or lessor how tariffs impact loan or lease pricing and terms, and discuss how to manage finance costs using fixed, floating, and hedging structures, especially if you expect the Federal Reserve to cut or increase interest rates.

You can expect financiers to understand the implications of tariffs on their aircraft loans. Consequently, a financier may feel compelled to reduce the loan or lease term, increase the principal payments during the term, and require loan covenants, including borrower cash flow and net worth coupled with an aircraft’s loan-to-value (LTV) ratio. To put teeth into the LTV, lenders will require a periodic true-up (loan prepayment), if needed, to restore the original LTV and minimize tariff collateral dilution. Depending on the amount of tariffs, financiers may fund them based on a very strong personal guarantee.

Whether the parties import a new or used aircraft, there are three basic ways to acquire an aircraft. You can buy an airplane with cash, use loan proceeds to pay all or a part of the purchase price, or arrange for a third party—a lessor—to purchase and lease an aircraft to you, as the lessee.

Read full article here

This article was originally published by AINsight on May 9, 2025.

Contact Information: 
 

Tracey Cheek  
TLC@NAFA.aero  
405.285.7005 
 

Michael Tentindo 
mtentindo@nixonpeabody.com 
617.345.1203 
nixonpeabody.com 
 

NAFA Welcomes New Member: Nixon Peabody, LLP 
 

Edgewater, MD — April 22, 2025 - The National Aircraft Finance Association (NAFA) is excited to announce that Nixon Peabody LLP, has joined its distinguished network of aviation professionals.  

NAFA President Bryan Byers welcomes Nixon Peabody to the National Aircraft Finance Association. "We are thrilled to have Nixon Peabody join our network, and we anticipate that their engagement and contributions will be immensely valuable in enhancing the knowledge and resources available to all NAFA members." the President noted. 

With their high performance, entrepreneurial spirit, deep industry knowledge, and commitment to service excellence, Nixon Peabody will be a valuable asset to our association. Their expertise in delivering creative solutions for complex legal problems and their focus on building strong, long-lasting relationships aligns perfectly with NAFA's mission to foster collaboration and growth within the aircraft finance industry. We look forward to their participation. 
 

About Nixon Peabody, LLP:
Nixon Peabody has a seasoned team of aviation finance professionals who understand the complexity of the collateral and the legal hurdles involved in each type of financing structure. Our aviation finance team represents clients on transactions in every sector of our industry and we provide an efficient, practical, and results-orientated approach on every transaction that we handle.  Nixon Peabody also has an experienced and deep aviation litigation group. It understands that aviation businesses need advisors who can foresee the regulatory, business, and legal needs of our industry and guide them through NTSB, FAA, and foreign accident investigations, public hearings, and regulatory inquiries with prompt, efficient, and aggressive defenses. Learn more at nixonpeabody.com.  
 

About NAFA:  
The National Aircraft Finance Association (NAFA) is a professional association that has been promoting the general welfare of aircraft finance for more than 50 years. Our network of members is comprised of lenders and product service providers who work together to finance general and business aviation aircraft. NAFA sets the standard for best practices in aviation finance by educating its members with the most up-to-date industry trends and best practices. Government legislation, market influences and industry insights allow member companies to provide the highest quality services the industry has to offer. 

Contact Information: 

Tracey Cheek  
TLC@NAFA.aero  
405.285.7005 
 

Emanuel Anton 
Emanuel@bizjetlaw.com 
303.816.3054 
bizjetlaw.com 

NAFA Welcomes New Member: Bizjet Law 
 

Edgewater, MD — April 15, 2025 - The National Aircraft Finance Association (NAFA) is excited to announce that Bizjet Law has joined its distinguished network of aviation professionals. The firm’s focused experience in business aviation makes it a strategic addition to NAFA’s membership of lenders, lessors, and finance professionals committed to advancing the industry. 

NAFA is confident that BizJet Law will bring valuable insights and expertise to its growing network of aviation professionals. “NAFA members facilitate the financing of general and business aviation aircraft on a global scale,” said Ed Medici, NAFA President. “We welcome and support Bizjet Law’s services that play a role in advancing the interests of NAFA members within the aviation industry.”  

Bizjet Law is a nationally recognized firm with a strong track record representing business aviation clients in complex domestic and cross-border aircraft transactions.  The firm advises borrowers primarily—corporate flight departments, family offices, and individual owners—on tax strategy, regulatory compliance, and financing structures, including fleet acquisitions, leasebacks, and multi-jurisdictional syndicated deals.  “Joining NAFA reinforces our commitment to the aviation finance community,” said Emanuel Anton, CEO of Bizjet Law. “We’re not just tax and legal advisors—we’re deal closers. We’re committed to helping clients structure intelligently, move quickly, and close with confidence.” 
 

About Bizjet Law: 

Bizjet Law combines transactional sophistication with deep regulatory insight to support clients who own, operate, or rely on turbine aircraft. The firm works alongside aircraft lenders, lessors, brokers, owners, and operators to deliver intended results. From federal and state tax planning to deal closings, the firm delivers clarity, efficiency, and confidence, acting as a strategic partner dedicated to achieving optimal outcomes. Learn more at https://bizjetlaw.com.  
 

About NAFA:  

The National Aircraft Finance Association (NAFA) is a professional association that has been promoting the general welfare of aircraft finance for more than 50 years. Our network of members is comprised of lenders and product service providers who work together to finance general and business aviation aircraft. NAFA sets the standard for best practices in aviation finance by educating its members with the most up-to-date industry trends and best practices. Government legislation, market influences and industry insights allow member companies to provide the highest quality services the industry has to offer. 

On March 28, 2025, the Federal Aviation Administration (FAA) published a notice confirming it is implementing new privacy protections for aircraft owners. We summarized the notice in our article, FAA Implements New Privacy Protections for Aircraft Owners. On April 3, 2025, the FAA published in the Federal Register a Request for Comment To Withhold Certain Aircraft Registration Information From Public Dissemination (Request for Comment) confirming it is "seeking comment on the impacts of removing certain aircraft registration data from public display on the FAA website, including through current search functions and published reports." The deadline for responding to the Request for Comment is on or before May 5, 2025. The Request for Comment summarizes the data to be removed "from FAA Websites": (A) the mailing address or registration address of the registered owner(s); (B) an electronic address (including an email address) of a registered owner(s); (C) the telephone number of a registered owner(s); and (D) the name(s) of the aircraft owner(s).

Interestingly, the Request for Comment broadly indicates this information may be removed for any registered owner, but the specific language in 49 USC § 44114(b) seems to limit privacy concern to only "individuals." In addition, the Request for Comment confirms the FAA is specifically seeking the following input:

1. How often do people or organizations access or use registered owner information, and how is this information used?

2. What would be the impact on privacy, safety, commerce, and accessibility of information if the identified categories of registered owner information are removed from public availability?

3. How would the removal of such information affect the ability of stakeholders to perform necessary functions, such as maintenance, safety checks, and regulatory compliance?

4. How should FAA implement the removal of identified categories of registered owner information from public availability?

5. What would be the impact if the FAA removed such information for private aircraft owners categorically and permitted such owners to request copies of their information rather than removing such information only upon an individual request?

6. What additional aircraft registration data should be removed from FAA websites?

The Request for Comment is a positive development for the aircraft industry. The Request for Comment indicates the FAA recognizes aircraft privacy issues are complex and must be balanced with other reasons parties are required to submit documents to the FAA Aircraft Registry (Registry). In addition, the Request for Comment seems to indicate the information is to be removed from FAA websites, but not necessarily from public review at the FAA Public Documents Room. Lastly, it gives the industry an opportunity to provide comments, solutions or concerns.

Read full article here

This article was originally published by Scott McCreary, Vice President at McAfee & Taft on April 7, 2025.

For decades, I have been concerned about the fact that we have an owner-based aircraft registry system in the United States as it is too easy to learn who owns an aircraft and subsequently track it. I was always concerned it would take a tragic event before any changes were made. However, I was encouraged when the Federal Aviation Administration (FAA) Reauthorization Act of 2024 mandated changes to allow for data privacy. The implementation of the mandated changes started on March 28, 2025.

On March 28, 2025, the FAA provided notice that it had implemented Section 803 (Data Privacy) of the FAA Reauthorization Act of 2024 through changes made in the Civil Aviation Registry Electronic Services (CARES). Private aircraft owners can now electronically request that the FAA withhold their private aircraft registration information from public view on public FAA sources and websites for noncommercial flights. This private information includes name, address, email address and telephone number that are usually included on the aircraft registration application.

To complete this request, aircraft owners will need to establish an account on the CARES website. The website is https://cares.faa.gov/home. On the home screen there is an orange banner that describes the new privacy feature and step-by-step instructions are available.

Read full article here

This article by Amanda Applegate was originally published by Soar Aviation Law.