FAA Delays U.S. Agent Deadline for Foreign Entities

The FAA is pushing back the compliance deadline to April 2 for a rule that requires certain individuals with foreign addresses to designate a “U.S. agent for service” when applying for certain certificates, ratings, or authorizations. Originally, the rule called for individuals who have foreign addresses—and no physical U.S. address on file—to comply by January 6.

Under the rule, these individuals must go through an online U.S. Agent for Service System (USAS) to demonstrate the designation. However, the FAA needs more time to launch the online USAS.

“Applicants will be unable to submit information to USAS by the January 6, 2025, deadline due to development delays associated with the USAS online portal, which were circumstances ultimately beyond the FAA’s general control, and which were not fully understood until well after publication of the U.S. agent final rule in October,” the agency said.

When the FAA became aware of the delays, it was too late to develop an alternative for compliance, the agency said. “Absent a means of compliance, FAA would be unable to issue certificates, ratings, and authorizations,” it added.

The FAA released the rule on October 8, calling for individuals with a foreign address but no physical U.S. address on file and who apply for authorizations under Parts 47, 61, 63, 65, 68, or 107 to designate a U.S. agent for service. Previously, the agency explained, only U.S. air carriers, foreign air carriers, and foreign persons operating a U.S.-registered aircraft in common carriage solely outside the U.S. were required to designate a U.S. agent for service.

However, individuals and entities worldwide can apply for FAA certificates, ratings, and authorizations, the FAA said, estimating that by July 2022, some 115,000 individuals held such approvals but did not have a physical U.S. address of record on file. This presents a challenge for the agency, it said, noting that these approvals require the agency to coordinate with foreign entities under multilateral agreements, increasing the bureaucracy and cost. Under the rule, the FAA can coordinate with a U.S. agent of service on time-sensitive documents.

In addition to requiring applicants to designate a U.S. agency of service, the rule further calls for approval holders to designate a U.S. agency of service by July 7. That deadline remains unchanged.