---
kind: "section"
citation: "49 U.S.C. § 44102"
title: "49"
title_heading: "Transportation"
number: "44102"
heading: "Registration requirements"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/44102"
units:
  - "Subtitle VII — Aviation Programs"
  - "Part A — Air Commerce and Safety"
  - "Subpart iii — safety"
  - "Chapter 441 — Registration and Recordation of Aircraft"
---

# §44102. Registration requirements

- (a) **Eligibility.—** An [aircraft](/usc/49/40102.md?p=a-6) may be registered under [section 44103 of this title](/usc/49/44103.md) only when the [aircraft](/usc/49/40102.md?p=a-6) is—
  - (1) not registered under the laws of a foreign country and is owned by—
    - (A) a [citizen of the United States](/usc/49/40102.md?p=a-15);
    - (B) an individual citizen of a foreign country lawfully admitted for permanent residence in the [United States](/usc/49/40102.md?p=a-46); or
    - (C) a corporation not a [citizen of the United States](/usc/49/40102.md?p=a-15) when the corporation is organized and doing business under the laws of the [United States](/usc/49/40102.md?p=a-46) or a State, and the [aircraft](/usc/49/40102.md?p=a-6) is based and primarily used in the [United States](/usc/49/40102.md?p=a-46); or
  - (2) an [aircraft](/usc/49/40102.md?p=a-6) of—
    - (A) the [United States](/usc/49/40102.md?p=a-46) Government; or
    - (B) a State, the District of Columbia, a territory or possession of the [United States](/usc/49/40102.md?p=a-46), or a political subdivision of a State, territory, or possession.
- (b) **Duty To Define Certain Term.—** In carrying out [subsection (a)(1)(C)](#a-1-C) of this section, the Secretary of Transportation shall define “based and primarily used in the [United States](/usc/49/40102.md?p=a-46)”.

## Source credit

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1161.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 44102(a)(1) | 49 App.:1401(b) (1st sentence cl. (1)). | Aug. 23, 1958, Pub. L. 85–726, § 501(b), 72 Stat. 772; restated Nov. 9, 1977, Pub. L. 95–163, § 14, 91 Stat. 1283; Mar. 8, 1978, Pub. L. 95–241, 92 Stat. 119. |
| 44102(a)(2) | 49 App.:1401(b) (1st sentence cl. (2)). |  |
| 44102(b) | 49 App.:1401(b) (last sentence). |  |

In subsection (a), before clause (1), the words “may be registered” are substituted for “shall be eligible for registration”, and the words “under section 44103 of this title” are added, for clarity. The words “only when” are substituted for “if, but only if” for consistency. In subclause (C), the words “not a citizen of the United States” are substituted for “(other than a corporation which is a citizen of the United States)” to eliminate unnecessary words. The word “lawfully” is omitted as surplus.

In subsection (b), the words “In carrying out subsection (a)(1)(C) of this section” are added because of the restatement. The words “by regulation” are omitted as unnecessary because of 49:322(a).