New FAA Rule Requires Designated U.S. Agent for Individual Aircraft Registrants Using a Foreign Address

On October 8, 2024, the FAA created new regulations in Part 3 of 14 CFR through the publication of its administrative final rule U.S. Agent for Service on Individuals with Foreign Addresses Who Hold or Apply for Certain Certificates, Ratings, or Authorizations [i] (the “U.S. Agent for Service Rule” or the “Rule”).

The U.S. Agent for Service Rule adds Subpart C, Sections 3.301 through 3.303 to Part 3 of 14 CFR, creating a requirement that individuals who solely use a foreign address to apply for or hold an aircraft certificate of registration issued under Part 47 of T14 CFR must designate a U.S. agent for FAA service and receipt of relating documents.[ii]

Background and Rationale for the U.S. Agent For Service Rule

Previously, only U.S. air carriers, foreign air carriers and foreign persons operating a U.S.-registered aircraft in common carriage solely outside the United States were required to designate a U.S. agent for service of FAA documents. However, U.S. citizen individuals with foreign addresses across the world can hold and apply for FAA aircraft certificates of registration. The new Rule only applies to individual registration certificate applicants or holders, and not entities (E.g., corporations and limited liability companies).

According to the FAA, delivery, receipt, and exchange of certain documents on individuals outside of the U.S. has proved difficult for the FAA’s accomplishing valid service of process, requiring compliance with international service requirements under multi-lateral treaties and the U.S.'s applicable laws regulating extraterritorial service. As result, the U.S. Agent for Service Rule aims to facilitate more efficient service of process to U.S. citizen individuals holding or applying for a domestic registration certificate, but are located abroad, by instead serving safety-critical or time-sensitive documents on their designated U.S. agents.

Compliance Deadlines for New U.S. Agent for Service Rule

Effective April 2, 2025, individual applicants using a foreign address for aircraft registration must designate a U.S. agent for service. After that date, the processing of aircraft registration certificates by the FAA Civil Aviation Registry require that the Registry’s Legal Instruments Examiners verify that a foreign-addressed individual applicant has a U.S. Agent that has been specifically designated on the FAA’s U.S. Agent for Service System (“USAS”) prior to issuing such certificate of registration. The USAS is a new feature and service of the FAA’s website. If a U.S. agent for service designation is not located from the USAS database of designated U.S. agents for service, the Examiner will reject the individual’s application, as it would not comport with new regulations (§§ 3.301 – 3.303).

For individual holders of aircraft registration certificates listing solely a foreign address with FAA, the deadline to comply with the U.S. Agent for Service Rule is July 7, 2025. If timely, the individual registration certificate holder may change his or her foreign address to a U.S. physical address through standard process or aircraft owners in lieu of designating a U.S. Agent for Service. Otherwise, after July 7, 2025, a current aircraft registration certificate held by an individual using a foreign address who has not listed its designation of a U.S. Agent for Service on the USAS web database will be considered ineffective, and further aircraft operations and privileges exercised under the formerly-valid certificate would, according to the FAA, automatically be deemed violative of federal regulations. Under this circumstance, the FAA may take enforcement action against individuals operating with improper registrations certificates through the authority of FAA Enforcement and Compliance Order 2150.3.

U.S. Agent for Service

Under 14 CFR §§ 3.302 & 3.303, a U.S. Agent for Service can be an entity or an individual (adult) with a physical U.S. address. Examples of U.S. Agents for Service may include, but are not limited to, an individual’s friend, relative, or associate. Importantly, the FAA considers service on an individual’s U.S. Agent as equivalent of service directly on the individual. Therefore, designation of the U.S. agent should be based on the agent’s competency to perform actions such as effective and efficient receipt of service of FAA documents and immediate notification to the individual of such service, in addition to having the ability and means to promptly provide copies or originals of the served FAA documents to the individual as as to avoid missing quick service, appeal, or reply deadlines—which can be as short as two (2) days. As explained below, our law firm is well-equipped to serve in this capacity.

Examples of FAA documents that could be served to the U.S. Agent would be: FAA enforcement action letters, notices, and orders; reexamination letters; letters of investigation; and notices to aircraft owners of ineffective or invalid aircraft registration.

Designation of a U.S. Agent for Service on the USAS Website

To designate a U.S. Agent for Service under § 3.303, individuals will need to access and utilize the FAA’s new USAS at https://usas.faa.gov. The USAS is a web-tool used solely for collecting U.S. Agent for Service designations. Once individuals access the USAS online, they will be prompted to submit certain information about their designated U.S. Agent, including: the U.S. Agent’s full name; Type of U.S. Agent (entity or adult 18 or older); the U.S. Agent’s address and email address. Under § 3.303, the applicant or holder of an aircraft registration certificate would also be required to certify that the U.S. Agent has accepted responsibility for service. Furthermore, the USAS web-tool should include prompts for the user to submit certain information about the individual designating a U.S. Agent in order to retrieve the individual’s FAA file and to ensure that the U.S. Agent designation such as the individual’s: full name; email address; physical location or address; and mailing address; as well as, the aircraft registration number, make, model, and serial number. This is to ensure that the U.S. Agent is connected to the correct applicant or holder of the aircraft certificate of registration.

Conclusion

According to the FAA, implantation of the U.S. Agent for Service Rule will reduce administrative delay and associated costs related to regulating aircraft registration certificates applied for, or held by, certain U.S. individuals using foreign addresses. Accordingly, the U.S. Agent for Service Rule’s intended effect is to (a) ensure that proper FAA service of process does not compromise aviation safety, and (b) provide timely notice of FAA actions and expedient due process. However, those individuals affected by U.S. Agent for Service Rule must take action to promptly comply with the new regulations, which would include: (a) careful consideration of competent U.S. Agent for Service; (b) a mutually clear understanding of the U.S. Agent for Service’s role and responsibilities, as well as consequences for failure to adequately perform the same; and (c) access and facility with the FAA’s newly-created U.S. Agent for Service System (USAS) website/online portal, as confirmation of delegated U.S. Agent for Service through the USAS will be the FAA’s critical source to verify compliance with the new regulations under 14 CFR §§ 3.301-3.303, thereby satisfying a condition for the issuance of an aircraft registration certificate or the continued validity of an already-held registration certificate.

Our law firm regularly serves in the capacity of agent for aviation parties, and we are well-positioned to provide these services under this new FAA requirement. We are also available to answer your questions and provide counsel on this issue as well as any issue involved in regard to the FAA requirements of U.S. registration of aircraft and aircraft title requirements. Please learn more about our firm at www.gilchristaviation.com.

[i] 89 FR 81305, RIN 2120-AL-85; https://www.federalregister.gov/documents/2024/10/08/2024-22000/us-agents-for-service-on-individuals-with-foreign-addresses-who-hold-or-apply-for-certain.

[ii] 14 CFR 3, Subpart C, Sections 3.301, et seq.; https://www.ecfr.gov/current/title-14/chapter-I/subchapter-A/part-3; Note: in addition to aircraft registration certificates and aircraft dealer’s certificates covered by the U.S. Agent for Service Rule under Part 47 applies to individuals, who hold or apply for certain certificates, ratings, or authorizations issued under Parts 61, 63, 65, 67, or 107 of Title 14, which are not discussed in herein.