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: