81 FR 23348 - Notice of Policy Clarification for Acceptance of Documents With Digital Signatures by the Federal Aviation Administration Aircraft Registry

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 76 (April 20, 2016)

Page Range		23348-23349
FR Document		2016-09069

Notice is hereby given of the FAA's clarification of its policy regarding the acceptance of documents submitted to the FAA Aircraft Registry with digital signatures in support of aircraft registration under 14 CFR 47.13 and conveyances or security documents submitted to the FAA Aircraft Registry regarding claims and interests under 14 CFR 49.13.

Federal Register, Volume 81 Issue 76 (Wednesday, April 20, 2016)

[Federal Register Volume 81, Number 76 (Wednesday, April 20, 2016)]
[Notices]
[Pages 23348-23349]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09069]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Notice of Policy Clarification for Acceptance of Documents With 
Digital Signatures by the Federal Aviation Administration Aircraft 
Registry

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of FAA policy clarification.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given of the FAA's clarification of its 
policy regarding the acceptance of documents submitted to the FAA 
Aircraft Registry with digital signatures in support of aircraft 
registration under 14 CFR 47.13 and conveyances or security documents 
submitted to the FAA Aircraft Registry regarding claims and interests 
under 14 CFR 49.13.

DATES: Effective Date: The policy described herein is effective May 1, 
2016.

FOR FURTHER INFORMATION CONTACT: Ladeana G. Peden at 405-954-3296, 
Office of Aeronautical Center Counsel (AMC-7), Federal Aviation 
Administration, 6500 S. MacArthur Blvd., Oklahoma City, Oklahoma 73169.

Background

    The FAA reviewed policies and practices regarding the acceptance of 
digital signatures on documents filed with the FAA Aircraft Registry. 
Based on that review we find that signatures, other than hand scribed 
signatures, are acceptable under State law. (Historically, the FAA has 
accepted instruments, for recording, based on their validity under 
state law. See generally 49 U.S.C. 44108(c)) Specific court cases have 
held that it is immaterial with what kind of instrument a signature is 
made. See Maricopa County v. Osborn, 60 Ariz 290 (1943); and State of 
North Carolina v. David Leroy Watts, 222 SE. 2d 389 (1976). Selected 
State statutes also provide that digitally signed communications are 
signed writings. See Ca. Gov't Code 16.5 (West 1995); also the Illinois 
Financial Institutions Digital Signature Act, 205 Ill. Comp. Stat. 705/
10 (West 1998). For a general discussion of Signatures, see Corpus 
Juris Secundum, 80 C.J.S. Signatures, Sec.  7 (2000).
    On October 21, 1998, Public Law 105-277, Government Paperwork 
Elimination Act, directed the Office of Management and Budget (OMB) to 
develop procedures for the use and acceptance of electronic signatures 
by Federal agencies. The Act requires that, when practicable, Federal 
agencies should use electronic forms, electronic filing, and digital 
signatures to conduct official business with the public.
    The Electronic Signatures in Global and National Commerce Act, 
Public Law (Pub. L.) 106-229, enacted June 30, 2000, provides that the 
use of electronic records and electronic signatures is an acceptable 
practice when conducting interstate and foreign commerce.
    On October 31, 2008, the U.S. Department of Transportation, Federal 
Aviation Administration, published FAA Order 1370.104, Digital 
Signature Policy. This Order established the FAA policy for the use of 
digital signatures. The Order states ``Electronic signatures describe 
digital markings used to bind a party or, to authenticate a record. It 
is considered the digital equivalent of the traditional handwritten 
signature used to sign a contract or document.'' The policy defines a 
digital signature as:

. . . a type of electronic signature that is legally acceptable and 
offers both signer and transaction authentication. The digital 
signature is the most secure and full-featured type of electronic 
signature. Digital signatures are federally acceptable types of 
electronic signatures for business transactions as specified in the 
National Institutes of Standards and Technology (NIST) guidelines.

    14 CFR 47.13(a) provides ``Each person signing an Aircraft 
Registration Application, AC Form 8050-1, or a document submitted as 
supporting evidence under this part, must sign in ink or by other means 
acceptable to the FAA.'' (emphasis added) 14 CFR 49.13(a) provides 
``Each signature on a conveyance must be in ink.''
    Black's Law Dictionary, 7th Edition (``Black's''), defines a 
signature as ``[a] person's name or mark written by that person or at 
the person's direction. 2. . . . Any name, mark or writing used with 
the intention of authenticating a document.'' Black's defines a digital 
signature as ``[a] secure, digital code attached to an electronically 
transmitted message that uniquely identifies and authenticates the 
sender.''
    Based on the foregoing, the FAA Civil Aviation Registry, Aircraft 
Registration Branch determined that ink signatures and legible digital 
signatures, comply with the signature requirements of 14 CFR parts 47 
and 49.

Policy Clarification

    Effective May 1, 2016 the FAA Civil Aircraft Registry, Aircraft 
Registration Branch (the ``Aircraft Registry'') will accept printed 
duplicates of electronic documents that display legible, digital 
signatures that are filed in compliance with Parts 47 and 49 of the FAA 
Regulations (14 CFR parts 47 & 49). These documents include but are not 
limited to the following:
    (i) Aircraft Registration Application, AC Form 8050-1;
    (ii) Aircraft Bill of Sale, AC Form 8050-2, or equivalent transfer 
documents;
    (iii) Security documents;
    (iv) Conditional Sales Contracts;
    (v) Leases; and,
    (vi) Any supporting authorization documents such as Powers of 
Attorney, Trust Agreements, and supplements of related documents, and 
Limited Liability Company Statements, et-cetera.
    In order to accommodate applicants for aircraft registration, the 
Aircraft Registry will make available a downloadable Aircraft 
Registration Application, AC Form 8050-1. Applicants may sign the form 
using a legible digital signature. A printed duplicate of the digitally 
signed application may be submitted in support of aircraft registration 
and a second duplicate copy may be retained in the aircraft as 
temporary 47.31 authority to operate the aircraft within the United 
States, in lieu of the pink copy of Form 8050-1 permitted under 14 CFR 
47.31(c), pending registration of the aircraft.
    Upon receipt of a document with a digital signature by the FAA 
Civil Aircraft Registry, Aircraft Registration Branch (the Aircraft 
Registry), FAA Legal Instrument Examiners will review each document and 
determine whether the document has a legible and acceptable digital 
signature. A legible and acceptable digital signature will have, at 
minimum, the following components:
    (1) Shows the name of the signer and is applied in a manner to 
execute or validate the document;
    (2) Includes the typed or printed name of the signer below or 
adjacent to the signature when the signature uses a digitized or 
scanned version of the signer's hand scribed signature or the name is 
in a cursive font;
    (3) Shows the signer's corporate, managerial, or partnership title 
as part of or adjacent to the digital signature when the signer is 
signing on behalf of an organization or legal entity;

[[Page 23349]]

    (4) Shows evidence of authentication of the signer's identity such 
as the text ``digitally signed by'' along with the software provider's 
seal/watermark, date and time of execution; or, have an authentication 
code or key identifying the software provider; and
    (5) Has a font, size and color density that is clearly legible and 
reproducible when reviewed, copied and scanned into a black on white 
format.
    Documents digitally signed in the forgoing manner will be 
considered facially valid and will be acceptable for review and 
consideration by the FAA Civil Aircraft Registry, Aircraft Registration 
Branch (the Aircraft Registry) for recordation and registration 
purposes.

    Issued in Washington, DC, on April 13, 2016.
John S. Duncan,
Director, Flight Standards Service.
[FR Doc. 2016-09069 Filed 4-19-16; 8:45 am]
 BILLING CODE 4910-13-P

23348 Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Notices

Authority: Pub. L. 91–575, 84 Stat. 1509 et Stat. 705/10 (West 1998). For a general with the signature requirements of 14
seq., 18 CFR parts 806, 807, and 808. discussion of Signatures, see Corpus CFR parts 47 and 49.
Dated: April 14, 2016. Juris Secundum, 80 C.J.S. Signatures, § 7
Policy Clarification
Stephanie L. Richardson, (2000).
On October 21, 1998, Public Law 105– Effective May 1, 2016 the FAA Civil
Secretary to the Commission.
277, Government Paperwork Aircraft Registry, Aircraft Registration
[FR Doc. 2016–09054 Filed 4–19–16; 8:45 am]
Elimination Act, directed the Office of Branch (the ‘‘Aircraft Registry’’) will
BILLING CODE 7040–01–P
Management and Budget (OMB) to accept printed duplicates of electronic
develop procedures for the use and documents that display legible, digital
acceptance of electronic signatures by signatures that are filed in compliance
DEPARTMENT OF TRANSPORTATION Federal agencies. The Act requires that, with Parts 47 and 49 of the FAA
when practicable, Federal agencies Regulations (14 CFR parts 47 & 49).
Federal Aviation Administration These documents include but are not
should use electronic forms, electronic
Notice of Policy Clarification for filing, and digital signatures to conduct limited to the following:
Acceptance of Documents With Digital official business with the public. (i) Aircraft Registration Application,
Signatures by the Federal Aviation The Electronic Signatures in Global AC Form 8050–1;
and National Commerce Act, Public (ii) Aircraft Bill of Sale, AC Form
Administration Aircraft Registry
Law (Pub. L.) 106–229, enacted June 30, 8050–2, or equivalent transfer
AGENCY: Federal Aviation 2000, provides that the use of electronic documents;
Administration (FAA), Department of records and electronic signatures is an (iii) Security documents;
Transportation (DOT). acceptable practice when conducting (iv) Conditional Sales Contracts;
ACTION: Notice of FAA policy interstate and foreign commerce. (v) Leases; and,
On October 31, 2008, the U.S. (vi) Any supporting authorization
clarification.
Department of Transportation, Federal documents such as Powers of Attorney,
SUMMARY: Notice is hereby given of the Aviation Administration, published Trust Agreements, and supplements of
FAA’s clarification of its policy FAA Order 1370.104, Digital Signature related documents, and Limited
regarding the acceptance of documents Policy. This Order established the FAA Liability Company Statements, et-cetera.
submitted to the FAA Aircraft Registry policy for the use of digital signatures. In order to accommodate applicants
with digital signatures in support of The Order states ‘‘Electronic signatures for aircraft registration, the Aircraft
aircraft registration under 14 CFR 47.13 describe digital markings used to bind a Registry will make available a
and conveyances or security documents party or, to authenticate a record. It is downloadable Aircraft Registration
submitted to the FAA Aircraft Registry considered the digital equivalent of the Application, AC Form 8050–1.
regarding claims and interests under 14 traditional handwritten signature used Applicants may sign the form using a
CFR 49.13. to sign a contract or document.’’ The legible digital signature. A printed
policy defines a digital signature as: duplicate of the digitally signed
DATES: Effective Date: The policy
application may be submitted in
described herein is effective May 1, . . . a type of electronic signature that is support of aircraft registration and a
2016. legally acceptable and offers both signer and
transaction authentication. The digital second duplicate copy may be retained
FOR FURTHER INFORMATION CONTACT: in the aircraft as temporary 47.31
signature is the most secure and full-featured
Ladeana G. Peden at 405–954–3296, type of electronic signature. Digital authority to operate the aircraft within
Office of Aeronautical Center Counsel signatures are federally acceptable types of the United States, in lieu of the pink
(AMC–7), Federal Aviation electronic signatures for business copy of Form 8050–1 permitted under
Administration, 6500 S. MacArthur transactions as specified in the National 14 CFR 47.31(c), pending registration of
Blvd., Oklahoma City, Oklahoma 73169. Institutes of Standards and Technology the aircraft.
(NIST) guidelines. Upon receipt of a document with a
Background
14 CFR 47.13(a) provides ‘‘Each digital signature by the FAA Civil
The FAA reviewed policies and person signing an Aircraft Registration Aircraft Registry, Aircraft Registration
practices regarding the acceptance of Application, AC Form 8050–1, or a Branch (the Aircraft Registry), FAA
digital signatures on documents filed document submitted as supporting Legal Instrument Examiners will review
with the FAA Aircraft Registry. Based evidence under this part, must sign in each document and determine whether
on that review we find that signatures, ink or by other means acceptable to the the document has a legible and
other than hand scribed signatures, are FAA.’’ (emphasis added) 14 CFR acceptable digital signature. A legible
acceptable under State law. 49.13(a) provides ‘‘Each signature on a and acceptable digital signature will
(Historically, the FAA has accepted conveyance must be in ink.’’ have, at minimum, the following
instruments, for recording, based on Black’s Law Dictionary, 7th Edition components:
their validity under state law. See (‘‘Black’s’’), defines a signature as ‘‘[a] (1) Shows the name of the signer and
generally 49 U.S.C. 44108(c)) Specific person’s name or mark written by that is applied in a manner to execute or
court cases have held that it is person or at the person’s direction. 2. validate the document;
immaterial with what kind of . . . Any name, mark or writing used (2) Includes the typed or printed
instrument a signature is made. See with the intention of authenticating a name of the signer below or adjacent to
Maricopa County v. Osborn, 60 Ariz 290 document.’’ Black’s defines a digital the signature when the signature uses a
(1943); and State of North Carolina v. signature as ‘‘[a] secure, digital code digitized or scanned version of the
Lhorne on DSK5TPTVN1PROD with NOTICES

David Leroy Watts, 222 SE. 2d 389 attached to an electronically transmitted signer’s hand scribed signature or the
(1976). Selected State statutes also message that uniquely identifies and name is in a cursive font;
provide that digitally signed authenticates the sender.’’ (3) Shows the signer’s corporate,
communications are signed writings. Based on the foregoing, the FAA Civil managerial, or partnership title as part
See Ca. Gov’t Code 16.5 (West 1995); Aviation Registry, Aircraft Registration of or adjacent to the digital signature
also the Illinois Financial Institutions Branch determined that ink signatures when the signer is signing on behalf of
Digital Signature Act, 205 Ill. Comp. and legible digital signatures, comply an organization or legal entity;

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Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Notices 23349

(4) Shows evidence of authentication safety that would be obtained in the The FMCSA does not believe the
of the signer’s identity such as the text absence of the exemption. safety record of any driver operating
‘‘digitally signed by’’ along with the DATES: This limited exemption is under this exemption will deteriorate.
software provider’s seal/watermark, date effective from March 27, 2015, through However, should deterioration in safety
and time of execution; or, have an March 27, 2020. occur, FMCSA will take all steps
authentication code or key identifying SUPPLEMENTARY INFORMATION: necessary to protect the public interest,
the software provider; and including revocation of the exemption.
(5) Has a font, size and color density Legal Basis The FMCSA has the authority to
that is clearly legible and reproducible FMCSA has authority under 49 U.S.C. terminate the exemption at any time the
when reviewed, copied and scanned 31136(e) and 31315 to grant exemptions Agency has the data/information to
into a black on white format. from certain parts of the Federal Motor conclude that safety is being
Documents digitally signed in the Carrier Safety Regulations. FMCSA must compromised.
forgoing manner will be considered publish a notice of each exemption Issued on: April 13, 2016.
facially valid and will be acceptable for request in the Federal Register [49 CFR
review and consideration by the FAA T.F. Scott Darling, III,
381.315(a)].
Civil Aircraft Registry, Aircraft Acting Administrator.
Section 5206(b)(2)(A) of the FAST Act
Registration Branch (the Aircraft requires FMCSA to extend any [FR Doc. 2016–09112 Filed 4–19–16; 8:45 am]
Registry) for recordation and registration exemption from any provision of the BILLING CODE 4910–EX–P
purposes. HOS regulations under 49 CFR part 395
Issued in Washington, DC, on April 13, that was in effect on the date of
2016. enactment of the Act to a period of 5 DEPARTMENT OF TRANSPORTATION
John S. Duncan, years from the date the exemption was Federal Motor Carrier Safety
Director, Flight Standards Service. granted. The exemption may be
Administration
[FR Doc. 2016–09069 Filed 4–19–16; 8:45 am] renewed. Because this action merely
BILLING CODE 4910–13–P
implements a statutory mandate that [Docket No. FMCSA–2016–0130]
took effect on the date of enactment of
the FAST Act, notice and comment are Commercial Driver’s License: Missouri
not required. Department of Revenue (DOR);
DEPARTMENT OF TRANSPORTATION
Application for Exemption
MFT Exemption
Federal Motor Carrier Safety AGENCY: Federal Motor Carrier Safety
Administration MFT, a private motor carrier, applied
Administration (FMCSA), DOT.
for an exemption to eliminate the
[Docket No. FMCSA–2014–0071] ACTION: Notice of application for
requirement that S/B time include a
period of at least 8 but less than 10 exemption; request for comments.
Hours of Service of Drivers: McKee
consecutive hours in the S/B and a SUMMARY: FMCSA announces that it has
Foods Transportation LLC, Exemption;
separate period of at least 2 but less than received an application from the
FAST Act Extension of Expiration Date
10 consecutive hours either in the S/B Missouri Department of Revenue (DOR),
AGENCY: Federal Motor Carrier Safety or off duty, or any combination thereof Driver’s License Bureau, for a limited
Administration (FMCSA), DOT. [49 CFR 395.1(g)(1)(ii)(A)(1)]. The exemption from the Agency’s
ACTION: Notice; extension of exemption. exemption is limited to team drivers, commercial driver’s license (CDL)
and these team drivers are allowed to regulations. These regulations require a
SUMMARY: FMCSA announces the split S/B time into two periods totaling driver to pass the general knowledge
extension of the exemption granted to at least 10 hours, provided neither of the
McKee Foods Transportation, LLC, test before being issued a Commercial
two periods is less than 3 hours in Learner’s Permit (CLP). The Missouri
(MFT) on March 27, 2015, for length.
transportation by their team drivers DOR requests an exemption from
FMCSA reviewed MFT’s application knowledge test requirement for
utilizing the sleeper-berth (S/B). The and the public comments and
Agency extends the expiration date from qualified veterans who participated in
concluded that granting the exemption dedicated training in approved military
March 27, 2015, to March 27, 2020, in would likely achieve a level of safety
response to Section 5206(b)(2)(A) of the programs. The Missouri DOR states that
equivalent to, or greater than, the level
‘‘Fixing America’s Surface its goal is to assist qualified veterans in
that would be achieved by the current
Transportation Act’’ (FAST Act). That obtaining employment when returning
regulation. A Notice of Final
section extends the expiration date of to the civilian workforce, and that
Determination granting the MFT
hours-of-service (HOS) exemptions in granting this exemption will assist
exemption was published on March 27,
effect on the date of enactment of the veterans who have already been through
2015 [80 FR 16503].
FAST Act to 5 years from the date of The substance of the exemption is not extensive military training. FMCSA
issuance of the exemptions. The MFT affected by this extension. The requests public comment on the
exemption from the Agency’s S/B exemption covers only the split S/B exemption application. In addition,
requirement is limited to team drivers requirement [49 CFR because the issue raised by the Missouri
employed by MFT to allow these drivers 395.1(g)(1)(ii)(A)(1–2)]. The exemption DOR is not unique to that State, FMCSA
to split S/B time into two periods is restricted to MFT team drivers, who requests public comment whether the
totaling at least 10 hours, provided utilize electronic logging devices to exemption, if granted, should cover all
State Driver’s Licensing Agencies
Lhorne on DSK5TPTVN1PROD with NOTICES

neither of the two periods is less than track records of duty status; have a
3 hours in length. The Agency minimum 26-hour off-duty period, at (SDLAs).
previously determined that the home, from Friday night to Saturday DATES: Comments must be received on
commercial motor vehicle operations of night; and are limited to 10 hours of or before May 20, 2016.
MFT drivers under this exemption driving following their required 10 ADDRESSES: You may submit comments
would likely achieve a level of safety consecutive hours off duty, or the S/B identified by Federal Docket
equivalent to or greater than the level of equivalent. Management System Number FMCSA–

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Document Created: 2016-04-20 01:51:50
Document Modified: 2016-04-20 01:51:50

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of FAA policy clarification.
Contact		Ladeana G. Peden at 405-954-3296, Office of Aeronautical Center Counsel (AMC-7), Federal Aviation Administration, 6500 S. MacArthur Blvd., Oklahoma City, Oklahoma 73169.
FR Citation		81 FR 23348

81 FR 23348 - Notice of Policy Clarification for Acceptance of Documents With Digital Signatures by the Federal Aviation Administration Aircraft Registry

DEPARTMENT OF TRANSPORTATIONFederal Aviation Administration

Federal Register Volume 81, Issue 76 (April 20, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration