The FAA is proposing to require individuals with foreign addresses to designate a U.S. agent for service if they are applying for certain certificates, ratings, or authorizations. U.S. agents would receive FAA services under the proposal released Monday, including the processing of safety-critical or time-sensitive documents for citizens that are abroad. This would help the agency to act more promptly and efficiently, it maintained.
Currently, only carriers and foreign air carriers must designate a U.S. agent for service. However, individuals worldwide have been able to apply for and hold FAA certificates, ratings, and authorization. The FAA estimated that as of July 2022, some 115,000 such individuals had a foreign address without a U.S. physical address on file.
“Serving certain documents on these individuals outside of the U.S. presents a challenge for the FAA,” the agency explained. “Accomplishing valid service of process abroad requires compliance with international service requirements under multi-lateral treaties…or by other means that comport with the receiving country and U.S.’s applicable laws regulating extraterritorial service.”
When the FAA sends documents abroad they can be subject to administrative, judicial, or other reviews that can delay service for months and increase costs. However, the costs of hiring a professional U.S. agent could run $150 to $300 annually, the agency estimated.
The proposal would apply to those seeking certificates, ratings, or authorizations under Parts 47, 61, 63, 65, 67, or 107.