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The FAA has recently released a final rule that will:

“require individuals with foreign addresses, and no U.S. physical address of record on file with the FAA, who hold or apply for certain certificates, ratings, or authorizations to designate a U.S. agent for service of FAA documents.”

This regulation becomes effective on January 6, 2025.

What does this mean for pilots completing certification or renewal processes? Well, it means if you have an address outside of the United States, you will need to have a designated mailing address somewhere in the United States. This could be an agent who receives the mail for you and then helps forward any communication, or certificate issuance mailings, to the individual at a foreign address.

This change is due to the FAA costs associated with sending communications to overseas addresses and the frequent loss of those communications.

The FAA noted that,

“Serving certain documents on these individuals outside of the U.S. presented a challenge for the FAA. 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’s laws and the U.S.’s applicable laws regulating extraterritorial service.

The FAA’s service of process abroad triggers these international service requirements, specifically when the FAA sends documents abroad that compel compliance and are subject to administrative or judicial review. Such documents may include notices of proposed civil penalties, orders of suspension or revocation, and emergency orders of suspension or revocation. International service requirements can significantly delay service of these documents for months (and in some cases over a year), and also impose additional costs on the agency.”

This will affect students of flight training providers who are from foreign locations that do not have a local mailing address or plan to move back to their home countries before an expected receipt of an FAA certificate that was completed while in the United States.

Applicants, DPEs, and training providers should note that after the effective date of January 6, 2025, applications in IACRA or a paper 8710 form will be expected to have a mailing address in the United States to which communication can be sent. This places the onus of responsibility to have such an available communication address on the “individual who holds, or is applying for, the certificate, rating, or authorization…”

Of note, a U.S. agent for service (U.S. agent) is considered: “an entity or an adult (individual who is 18 or older) with a U.S. address who a certificate, rating, or authorization holder or applicant designates to receive FAA service on their behalf.

A U.S. physical address is considered: “an 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.”

The simple summary is that the:

“FAA is requiring individuals who hold or apply for certificates, ratings, or authorizations issued under 14 CFR part 47, 61, 63, 65, 67, or 107 and who have a foreign address and no U.S. physical address of record on file with the FAA to designate a U.S. agent.”

You can see the final rule for more information if you want here:

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

Ok, so most people have seen the change about CFI renewal/expiration requirements already, but the regulation change that did that also had some other things you might want to know about as a CFI. Or if you train CFIs. So, here are a couple of other things from this regulation change, and then a couple of other aviation legal interpretations changes that affect CFI land.

If you want to see where this comes from, you can find the final FAA rule that was published by clicking here. The rule becomes effective December 1, 2024.

Instructor Qualifications for Training Initial Flight Instructor Applicants (§ 61.195(h); § 141.11; Part 141, Appendix K)

The new “rule revises the qualification requirements for flight instructors seeking to train initial flight instructor applicants by adding two additional methods.”

“Section 61.195(h) contains the qualification requirements for flight instructors seeking to instruct initial flight instructor applicants. The NPRM proposed to restructure § 61.195(h)(2) to contain general qualifications for all flight instructors providing flight training to initial applicants for a flight instructor certificate, including flight instructors providing training under FAA-approved courses. This final rule retains these general requirements, which include the requirement for the flight instructor to meet the eligibility requirements of § 61.183 and hold the appropriate flight instructor certificate and rating.”

BUT…

There are three new different qualification options now available for those who might train initial CFI applicants.

“The first option retains the existing requirements of current § 61.195(h)(2)(iii), (iv) and (v), which include the requirements for the flight instructor to have held the flight instructor certificate for at least 24 calendar months and to have given at least 200 hours of flight training as a flight instructor for training in preparation for an airplane, rotorcraft, or powered-lift rating (or 80 hours of flight training if training in preparation for a glider rating). This option is retained as § 61.195(h)(2)(i)(A) and (B).”

“The second qualification option modifies the previous § 61.195(h)(3). Section 61.195(h)(2)(ii) now requires a flight instructor to have trained and endorsed, in the preceding 24 calendar months, at least five applicants for a practical test for a pilot certificate or rating, and at least 80 percent of those applicants must have passed that test on their first attempt. This will allow more flight instructors to exercise this qualification option as compared to the similar option previously available under § 61.195(h)(3).

This allows CFIs who have less than 2-years of experience as a CFI, but has had a good pass rate with their students, at least 80%, to be eligible to train initial CFIs at an earlier time.

“For the third qualification, this final rule adds a new qualification method in § 61.195(h)(2)(iii). This option requires a flight instructor to have graduated from an FAA-approved flight instructor enhanced qualification training program (FIEQTP). Additionally, they must have given at least 200 hours of flight training as a flight instructor for training in preparation for an airplane, rotorcraft, or powered-lift rating (or 80 hours of flight training if in preparation for a glider rating) before being eligible to complete the FIEQTP.”

This matches up with the new AC 61-145 Flight Instructor Enhanced Qualification Training Program (FIEQTP). (https://www.faa.gov/regulations_policies/advisory_circulars/index.cfm/go/document.information/documentID/1042632)

This new AC sets forth the process where the FAA may approve a provider’s development of an initial CFI training program and utilize instructors that do not meet traditional initial CFI training requirements. It is a structured program though that must be approved.

These changes offer more flexibility when it comes to who is eligible to train new CFIs.

CFIs Must be Landings Current When Conducting Training as PIC

In the past, the FAA had interpreted the requirement to be “landings current” under 14 CFR § 61.57 (https://www.law.cornell.edu/cfr/text/14/61.57) as not applicable to CFIs when conducting instruction, the logic being that the student was not a “passenger.” This has been rescinded by the FAA.

In the final fule Public Aircraft Logging of Flight Time, Training in Certain Aircraft Holding Special Airworthiness Certificates, and Flight Instructor Privileges the FAA makes this change. (https://www.federalregister.gov/documents/2024/10/02/2024-22009/public-aircraft-logging-of-flight-time-training-in-certain-aircraft-holding-special-airworthiness) 

In this document, it is noted that, “The FAA had previously issued legal interpretations indicating certain operations related to obtaining recent flight experience with an instructor on board are already permissible under existing regulations, notwithstanding the prohibition on passenger-carrying flights. The FAA determined the plain text of its regulations did not support the conclusions in these interpretations.”

It is further highlighted in the document that:

“Although the FAA has not previously defined “passenger” in regulation, the NPRM analyzed the FAA’s historical interpretation of the term. Previous FAA legal interpretations have stated that a flight instructor and a person receiving flight training are not considered passengers to one another. However, the NPRM concluded that those FAA legal interpretations had no regulatory basis to assert such a position, and the FAA has since rescinded those interpretations. While the NPRM did not assert that a flight instructor and a person receiving flight training are not passengers to one another, it sought to clarify when certain operations involving such persons may be conducted.”

It goes on to indicate,

“Section 61.57 contains recent flight experience requirements to maintain privileges to act as PIC under certain scenarios, including requirements to complete takeoffs and landings to continue to act as PIC of a flight that is carrying passengers. The FAA proposed to add § 61.57(e)(5) to codify an exception that, in certain circumstances, would enable a person receiving flight training to act as PIC, even if that person does not meet the recent flight experience requirements for carrying passengers under § 61.57(a) or (b). This person would be required to meet all other requirements to act as PIC, except for the recent flight experience requirements of § 61.57(a) or (b), and only the authorized instructor and person receiving training could be on board the aircraft. The FAA proposed the change in response to a disparity created between several legal interpretations [31] that concluded, unsupported by the regulations, that a flight instructor and a person receiving flight training are not considered passengers to one another. This final rule adds the definition of “passenger” and addresses how those legal interpretations relate to the requirements of § 61.57”

So what’s the gist?

Either the CFI must meet takeoff and landing currency requirements in the category and class of aircraft being operated. If the CFI does not have this currency, then they are not able to be the PIC of the flight. This could be the case if someone was receiving instruction and they were able to be the PIC. This could happen such as a commercial student who was able to be the PIC of the aircraft, or an individual receiving a flight review, but it would be not possible for a CFI who was taking out a student pilot for their first night flight experience in training for example. The best practice is for a CFI to be takeoff and landing current for the day or night operations in the category and class of aircraft in which they will be instructing.