Beginning in 2025, individuals with foreign addresses must designate U.S. agents for service of FAA documents. This change will impact thousands of certificate holders and new applicants. The FAA’s most recent data recorded approximately 115,000 individuals who would be required to designate a U.S. agent.
Prior to the issuance of the new rule in 2024, only U.S. air carriers, foreign air carriers and foreign persons operating a U.S.-registered aircraft in common carriage exclusively outside the U.S. were required to designate a U.S. agent. However, due to cost burdens, time constraints and complex international service requirements, the FAA promulgated a new rule requiring individuals with a foreign address and no U.S. physical address on record with the FAA to designate a U.S. agent for service. The requirement applies to individuals holding or applying for a certificate, rating or authorization under 14 C.F.R. Parts 47, 61, 63, 65, 67 or 107.
New applicants under the affected parts must designate a U.S. agent at the time of application, and current certificate holders have until July 7, 2025, to comply. Furthermore, any changes to the designated U.S. agent or their contact information must be reported to the FAA within 30 days.
The rule gives affected individuals discretion in choosing a designated agent. A person may appoint an entity or an adult over the age of 18 with a U.S. address to be their agent. Acceptable examples include registered agent service companies, friends, relatives or associates. If the U.S. agent is an entity, the address must be the U.S. agent's office address. If the agent is an individual, the address must be the U.S. agent's usual place of residence or, if applicable, the individual's U.S. military office address. U.S. address is defined as, “[a]n address in the States of the United States, the District of Columbia or any U.S. territory or possession, but excludes post office boxes, military post office boxes, mail drop boxes and commercial addresses that are not also residential addresses.” (14 C.F.R. § 3.302).
Despite the flexible requirements for U.S. agents, individuals should exercise caution when selecting one. The agent will be responsible for collecting and forwarding all documents from the FAA, but the individual remains legally responsible for answering and complying with any FAA documents delivered to their agent. Because the documents may include letters of investigation, enforcement notices and similar time-sensitive communications, individuals should only pick a reliable person as their designated agent. If you make your brother your agent, you should check in with him periodically to make sure he has not forgotten to forward mail from the FAA.
Fortunately, the FAA has created an online system dedicated exclusively to quickly processing assignments of U.S. agents for service. The new portal, the U.S. Agent for Service System (USAS), will be available at https://usas.faa.gov in April. Through the online system, the individual must provide the following information about their agent: the U.S. agent’s full name; the type of U.S. agent; the U.S. agent’s address; and the U.S. agent’s email address. The applicant or holder must also certify that the agent has accepted responsibility for service. Impacted parties must provide their basic personal details and contact information.
Additional information may be needed depending on the individual’s role. Airmen must provide their date of birth, certificate number, FAA tracking number and applicant ID (medical). Aircraft owners or applicants under Part 47 must include their aircraft’s registration number, make, model and serial number.
Ultimately, it is crucial to address this new requirement without delay, as the penalties for noncompliance are strict and there is minimal room for leniency if deadlines are missed. For example, pilots and mechanics who fail to designate a U.S. agent will be unable to exercise the privileges of their certificates, ratings or authorizations under Parts 47, 61, 63, 65, 67 or 107. Similarly, aircraft owners who do not comply will have their registration certificates deemed ineffective. Applicants for certificates, ratings or authorizations will not receive approval without a designated U.S. agent.
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