Federal Register / Vol. 89, No. 195 / Tuesday, October 8, 2024 / Rules and Regulations 81305 

the Department of Energy. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, on September 

30, 2024. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

For the reasons set forth in the 

preamble, DOE amends part 430 of 

chapter II, subchapter D, of title 10 of 

the Code of Federal Regulations, to read 

as set forth below: 

PART 430—ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

■ 1. The authority citation for part 430 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6309; 28 U.S.C. 

2461 note. 

■ 2. Revise the introductory Note to 

appendix D1 to subpart B of part 430 to 

read as follows: 

Appendix D1 to Subpart B of Part 430— 

Uniform Test Method for Measuring the 

Energy Consumption of Clothes Dryers 

Note: The procedures in either this 

appendix or appendix D2 to this subpart 

must be used to determine compliance with 

the energy conservation standards for clothes 

dryers provided at § 430.32(h)(3). 

Manufacturers must use a single appendix for 

all representations, including certifications of 

compliance, and may not use this appendix 

for certain representations and appendix D2 

to this subpart for other representations. The 

procedures in appendix D2 to this subpart 

must be used to determine compliance with 

the energy conservation standards for clothes 

dryers provided at § 430.32(h)(4). 

* * * * * 

■ 3. Revise the introductory Note to 

appendix D2 to subpart B of part 430 to 

read as follows: 

Appendix D2 to Subpart B of Part 430— 

Uniform Test Method for Measuring the 

Energy Consumption of Clothes Dryers 

Note: The procedures in either appendix 

D1 to this subpart or this appendix must be 

used to determine compliance with the 

energy conservation standards for clothes 

dryers provided at § 430.32(h)(3). 

Manufacturers must use a single appendix for 

all representations, including certifications of 

compliance, and may not use appendix D1 to 

this subpart for certain representations and 

this appendix for other representations. The 

procedures in this appendix must be used to 

determine compliance with the energy 

conservation standards for clothes dryers 

provided at § 430.32(h)(4). Manufacturers 

may use this appendix to certify compliance 

with the clothes dryer standards provided at 

§ 430.32(h)(4) prior to the applicable 

compliance date for those standards. 

Per-cycle standby mode and off mode 

energy consumption in section 4.5 of this 

appendix is calculated using the value for the 

annual representative average number of 

clothes dryer cycles in a year specified in 

section 4.5.1(a) of this appendix until March 

1, 2028. Beginning on March 1, 2028, percycle standby mode and off mode energy 

consumption in section 4.5 of this appendix 

is calculated using the value for the annual 

representative average number of clothes 

dryer cycles in a year specified in section 

4.5.1(b) of this appendix. 

* * * * * 

Note: The following appendix will not 

appear in the Code of Federal Regulations. 

Appendix A 

May 16, 2024 

Ami Grace-Tardy 

Assistant General Counsel for Legislation, 

Regulation and Energy Efficiency 

U.S. Department of Energy 

Washington, DC 20585 

Ami.Grace-Tardy@hq.doe.gov 

Re: Consumer Clothes Dryers Energy 

Conservation Standards 

DOE Docket No. EERE–2014–BT–STD–0058 

Dear Assistant General Counsel Grace-Tardy: 

I am responding to your March 25, 2024, 

letter seeking the views of the Attorney 

General about the potential impact on 

competition of proposed energy conservation 

standards for consumer clothes dryers. 

Your request was submitted under Section 

325(o)(2)(B)(i)(V) of the Energy Policy and 

Conservation Act, as amended (ECPA), 42 

U.S.C. 6295(o)(2)(B)(i)(V), which requires the 

Attorney General to make a determination of 

the impact of any lessening of competition 

that is likely to result from the imposition of 

proposed energy conservation standards. The 

Attorney General’s responsibility for 

responding to requests from other 

departments about the effect of a program on 

competition has been delegated to the 

Assistant Attorney General for the Antitrust 

Division in 28 CFR 0.40(g). The Assistant 

Attorney General for the Antitrust Division 

has authorized me, as the Policy Director for 

the Antitrust Division, to provide the 

Antitrust Division’s views regarding the 

potential impact on competition of proposed 

energy conservation standards on his behalf. 

In conducting its analysis, the Antitrust 

Division examines whether a proposed 

standard may lessen competition, for 

example, by substantially limiting consumer 

choice, by placing certain manufacturers at 

an unjustified competitive disadvantage, or 

by inducing avoidable inefficiencies in 

production or distribution of particular 

products. A lessening of competition could 

result in higher prices to manufacturers and 

consumers. 

We have reviewed the proposed standards 

contained in the Notice of Proposed 

Rulemaking (89 Fed. Reg. 18244, March 12, 

2024), and the Direct Final Rule (89 Fed. Reg. 

18164, March 12, 2024) and request for 

comments and the related Technical Support 

Documents. We have also reviewed public 

comments and reviewed the Docket. Based 

on this review, our conclusion is that the 

proposed energy conservation standards for 

consumer clothes dryers are unlikely to have 

a significant adverse impact on competition. 

Sincerely, 

/s/ 

David G.B. Lawrence, 

Policy Director. 

[FR Doc. 2024–23257 Filed 10–7–24; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 3 

[Docket No.: FAA–2023–1194; Amendment 

No. 3–3] 

RIN 2120–AL85 

U.S. Agents for Service on Individuals 

With Foreign Addresses Who Hold or 

Apply for Certain Certificates, Ratings, 

or Authorizations 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA 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. The U.S. 

agent will receive service of FAA 

documents on the certificate holder or 

applicant’s behalf. This rule facilitates 

the FAA’s ability to accomplish prompt 

and cost-effective service of process and 

service of other safety-critical or timesensitive documents to individuals 

abroad through service on their U.S. 

agents. 

DATES: 

Effective dates: Amendatory 

instructions 1 (part 3) and 2 (subpart C 

of part 3) are effective October 8, 2024, 

amendatory instruction 3 (§ 3.303(d) 

and (e)) is effective January 6, 2025, and 

amendatory instruction 4 (§ 3.303(d)) is 

effective July 7, 2025. 

Compliance dates: The compliance 

dates for this final rule are as follows: 

January 6, 2025, for applicants of any 

certificate, rating, or authorization 

issued under part 47, 61, 63, 65, 67, or 

107, and July 7, 2025 for holders of any 

certificate, rating, or authorization 

issued under part 47, 61, 63, 65, 67, or 

107. 

ADDRESSES: For information on where to 

obtain copies of rulemaking documents 

and other information related to this 

final rule, see ‘‘How to Obtain 


ddrumheller on DSK120RN23PROD with RULES1
81306 Federal Register / Vol. 89, No. 195 / Tuesday, October 8, 2024 / Rules and Regulations 

1See U.S. Agents for Service on Individuals With 

Foreign Addresses Who Hold or Apply for Certain 

Certificates, Ratings, or Authorizations, 88 FR 

38003 (June 12, 2023). These individuals comprise 

the majority of individuals holding FAA 

certificates, ratings, and authorizations abroad and 

represent those who the agency most commonly 

serves with process and other safety-critical or timesensitive documents. Individuals who only hold or 

apply for FAA certificates, ratings, or authorizations 

other than those issued under 14 CFR part 47, 61, 

63, 65, 67, or 107 are not covered by the rule due 

to the limited benefit that would be derived by 

having the rule apply to them. 

2See U.S. Agents for Service on Individuals With 

Foreign Addresses Who Hold or Apply for Certain 

Certificates, Ratings, or Authorizations, 88 FR 

38004 (June 12, 2023). Examples of documents that 

may be served on U.S. agents may include 

reexamination letters, letters of investigation, Office 

of Aerospace Medicine letters requesting additional 

information or denying a medical certificate, and 

notices to aircraft owners of ineffective or invalid 

aircraft registration. Additionally, service of process 

includes the FAA’s service of documents that 

compel compliance, may be time-sensitive or 

safety-critical, and are subject to administrative or 

legal review, such as notices of proposed civil 

penalty or assessment, orders of suspension or 

revocation, and emergency orders of suspension or 

revocation. 

3See 49 U.S.C. 46103(a)(1) (requiring air carriers 

and foreign air carriers to designate an agent) and 

14 CFR 119.49 and 129.9 (implementing 

46103(a)(1)). 

4See for example, the Hague Service Convention, 

20 U.S.T. 361 (signed Nov. 15, 1965), the InterAmerican Convention on Letters Rogatory (adopted 

Jan. 30, 1975), and the Additional Protocol to the 

Convention (IACAP) (adopted May 8, 1979), S. 

Treaty Doc. No. 98–27 (1986). 

Additional Information’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Jessica Kabaz-Gomez, Office of the Chief 

Counsel, Enforcement Division, AGC– 

300, Federal Aviation Administration, 

800 Independence Avenue SW, 

Washington, DC 20591; (202) 267–7395; 

email Jessica.Kabaz-Gomez@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Executive Summary 

A. Overview of Final Rule 

B. Summary of the Costs and Benefits 

II. Authority for This Rulemaking 

III. Background 

A. Statement of the Problem 

B. Summary of the NRPM 

C. General Overview of Comments 

IV. Discussion of Comments and the Final 

Rule 

A. Request for Use of the Defined Term 

‘‘U.S. agent address’’ 

B. Request for Exception From the U.S. 

Agent for Service Requirement for U.S. 

Government Employees, Military 

Members, and Special Purpose Pilot 

Authorization (SPPA) Holders 

C. Request for Pilots To Have Alternatives 

to a U.S. Agent for Service Such as Email 

or Voluntary and Temporary Certificate 

Surrender When Pilots Go Abroad 

D. Miscellaneous Issues 

V. Regulatory Notices and Analyses 

A. Regulatory Impact Analysis 

B. Regulatory Flexibility Act 

C. International Trade Impact Assessment 

D. Unfunded Mandates Assessment 

E. Paperwork Reduction Act 

F. International Compatibility 

G. Environmental Analysis 

VI. Executive Order Determinations 

A. Executive Order 13132, Federalism 

B. Executive Order 13175, Consultation 

and Coordination With Indian Tribal 

Governments 

C. Executive Order 13211, Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use 

D. Executive Order 13609, Promoting 

International Regulatory Cooperation 

VII. Privacy 

VIII. Additional Information 

A. Electronic Access and Filing 

B. Small Business Regulatory Enforcement 

Fairness Act 

I. Executive Summary 

A. Overview of Final Rule 

This final rule adds subpart C to part 

3 of title 14 of the Code of Federal 

Regulations (14 CFR). Subpart C 

requires individuals who have a foreign 

address and no U.S. physical address of 

record on file with the FAA to designate 

a U.S. agent for service if they apply for 

a certificate, rating, or authorization 

issued under 14 CFR part 47, 61, 63, 65, 

67, or 107, or hold a certificate, rating, 

or authorization issued under any of 

these parts.1

The U.S. agent will receive service of 

FAA documents on behalf of the 

certificate, rating, or authorization 

holder or applicant. This final rule 

facilitates the FAA’s ability to 

accomplish prompt and cost-effective 

service of process and service of other 

safety-critical or time-sensitive 

documents to individuals abroad 

through service on their U.S. agents.2

This will conserve agency resources, 

ensure that lengthy delays in service of 

process do not compromise aviation 

safety, and provide individuals abroad 

with timely notice of FAA actions and 

the opportunity for more expedient due 

process. 

B. Summary of the Costs and Benefits 

Approximately 115,000 individuals 

outside the U.S. as of July 2022 hold 

certificates, ratings, or authorizations 

issued under 14 CFR part 47, 61, 63, 65, 

67, or 107 and do not have a U.S. 

physical address of record on file with 

the FAA. Service of process abroad 

imposes burdensome costs on the FAA. 

This rule will eliminate a majority of the 

costs of affecting international service 

and transfer some of these transaction 

costs back to the individual applicant or 

certificate holder by requiring 

designation of a U.S. agent. The costs 

experienced by these individuals will 

depend on the arrangements made (e.g., 

hiring a professional U.S. agent for 

service of process could cost $50 to 

$200 annually). Although there may be 

some initial costs to the FAA to revise 

its systems to accommodate the change, 

these costs will be offset by avoiding the 

foreign service of process costs that 

include international mailings and 

foreign translations. 

II. Authority for This Rulemaking 

The FAA’s authority to issue rules on 

aviation safety, such as the rules 

governing service that are addressed in 

this notice, is found in title 49 of the 

United States Code. Subtitle I, section 

106 describes the authority of the FAA 

Administrator. Subtitle VII, Aviation 

Programs, describes in more detail the 

scope of the agency’s authority, 

including the authority to issue 

regulations. 

This rulemaking is issued under the 

authority described in 49 U.S.C. 

44701(a)(5), which establishes the 

authority of the Administrator to 

prescribe regulations and minimum 

standards for other practices, methods, 

and procedures the Administrator finds 

necessary for safety in air commerce and 

national security. These regulations are 

within the scope of that authority and 

are consistent with 49 U.S.C. 46103, 

which governs the FAA’s service of 

notice, process, and actions, and 

provides that the FAA may effectuate 

service on an agent. 

III. Background 

A. Statement of the Problem 

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.3 However, individuals 

across the world can hold and apply for 

FAA certificates, ratings, and 

authorizations. As of July 2022, there 

were approximately 115,000 individuals 

holding certificates, ratings, or 

authorizations issued under 14 CFR part 

47, 61, 63, 65, 67, or 107 who had a 

foreign address and did not have a U.S. 

physical address of record on file with 

the FAA. 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 4 or by other 

means that comport with the receiving 


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Federal Register / Vol. 89, No. 195 / Tuesday, October 8, 2024 / Rules and Regulations 81307 

5U.S. Agents for Service on Individuals With 

Foreign Addresses Who Hold or Apply for Certain 

Certificates, Ratings, or Authorizations, Notice of 

Proposed Rulemaking, 88 FR 38001 (June 12, 2023). 

6 88 FR 70911. 

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. 

Document recipients cannot waive these 

international service requirements, nor 

can they be circumvented with 

electronic service. 

B. Summary of the Notice of Proposed 

Rulemaking (NPRM) 

The NPRM was published in the 

Federal Register on June 12, 2023, and 

the comment period for the NPRM 

closed on August 11, 2023.5 The 

comment period was reopened on 

October 13, 2023, until October 30, 

2023, due to a commenter’s request to 

extend the comment period.6

The NPRM proposed adding a new 

subpart C to part 3 of 14 CFR to require 

individuals who have a foreign address 

and no U.S. physical address of record 

on file with the FAA to designate a U.S. 

agent for service if they apply for a 

certificate, rating, or authorization 

issued under 14 CFR part 47, 61, 63, 65, 

67, or 107, or hold a certificate, rating, 

or authorization issued under any of 

these parts. A U.S. agent for service was 

defined as an entity or an adult (18 or 

older) with a U.S. address who is 

designated to receive FAA service on 

their behalf. Accordingly, the NPRM 

proposed allowing individuals to hire 

any entity, including registered agent 

service companies, with a U.S. address 

to be their designated U.S. agent. 

Alternatively, it proposed permitting 

individuals to designate any adult who 

is 18 or older with a U.S. address, 

including a relative or associate, to be 

their U.S. agent. The rule also provided 

requirements on what type of U.S. 

address the FAA would accept as 

sufficient for a U.S. agent. 

The NPRM proposed that a U.S. agent 

would receive service of process, and 

other time-sensitive or safety-critical 

documents from the FAA on behalf of 

the individual certificate, rating, or 

authorization holder or applicant. The 

U.S. agent would be responsible for 

timely transmitting all documents the 

FAA served on the U.S. agent to the 

individual who designated them. For 

this reason, the NPRM proposed the 

requirement that a U.S. agent be 

mentally competent to assume this duty. 

The NPRM also proposed that an 

individual must ensure their U.S. agent 

understands the requirements for 

serving as a U.S. agent and agrees to 

serve in that capacity. As explained in 

the NPRM, the responsibility for 

ensuring these requirements are met 

would fall on the individual designating 

the U.S. agent. Individuals designating 

U.S. agents would be required to certify 

to the FAA, under penalty of perjury, 

that a U.S. agent has accepted the 

responsibility of receiving FAA service 

on behalf of the individual. 

Additionally, the NPRM emphasized 

that the individual who designates a 

U.S. agent would be responsible for 

ensuring that the FAA can serve 

documents to their U.S. agent. An 

individual designating a U.S. agent for 

service would be required to provide the 

U.S. agent’s full name; their U.S. 

address; their email address, should 

electronic service be feasible; their fax 

number (optional); and their phone 

number (optional), in the event of 

service issues. Individuals would be 

required to keep their U.S. agent 

designation current. Absent 

extraordinary circumstances, the FAA 

would consider service on an 

individual’s U.S. agent the equivalent of 

service directly on the individual, 

triggering all appeal and reply deadlines 

provided in the document being served. 

The NPRM explained that the rule 

would facilitate the FAA’s ability to 

accomplish prompt and cost-effective 

service of process and service of other 

safety-critical or time-sensitive 

documents to individuals abroad 

through service on their U.S. agents. 

This would conserve agency resources, 

ensure that lengthy delays in service of 

process do not compromise aviation 

safety, and provide individuals abroad 

with timely notice of FAA actions and 

the opportunity for more expedient due 

process. 

C. General Overview of Comments 

The FAA received a total of 14 

comments, two of which were 

duplicates. All comments were from 

individual anonymous commenters. 

Five of the commenters opposed the 

rule. Three of these commenters 

suggested changes, as did one additional 

commenter who neither supported nor 

opposed the proposed rule. The 

commenters’ suggested changes are 

discussed more fully in the Discussion 

of Comments and the Final Rule section. 

Seven of the comments were outside the 

scope of the rule. 

IV. Discussion of Comments and the 

Final Rule 

A. Request for Use of the Defined Term 

‘‘U.S. agent address’’ 

A commenter noted that the proposed 

rule defined the term ‘‘U.S. agent 

address’’ in proposed § 3.302, the 

definition section, but the term was not 

used in the proposed regulation. The 

FAA agrees and amends proposed 

§ 3.303(b) in the final rule to include the 

term ‘‘U.S. agent address’’ for 

clarification. This is a non-substantive 

change. 

B. Request for Exception From the U.S. 

Agent for Service Requirement for U.S. 

Government Employees, Military 

Members, and Special Purpose Pilot 

Authorization (SPPA) Holders 

Two commenters requested full 

exception from the applicability of the 

rule for certain certificate holders. 

Specifically, the commenters suggested 

that U.S. Government employees, 

military members, and special purpose 

pilot authorization (SPPA) holders 

should be excepted from the rule 

because the FAA should easily be able 

to find and contact them through their 

employers (such as the U.S. 

Government, military, or private 

companies). The FAA notes the purpose 

of the rule is to provide service of 

documents within the U.S. to 

designated agents of individuals, 

including those whose location abroad 

may already be known, such as U.S. 

Government employees, military 

members, and SPPA holders. More 

importantly, service on an individual’s 

employer that has not been designated 

as their agent does not satisfy service of 

process requirements under 49 U.S.C. 

46103. The rule, however, does not 

preclude that individual from 

designating their employer as their U.S. 

agent for service if the employer agrees 

and meets the requirements provided by 

this rule in 14 CFR part 3, subpart C. 

Accordingly, the FAA is adopting the 

rule as proposed, without the requested 

exceptions. 

C. Request for Pilots To Have 

Alternatives to a U.S. Agent for Service 

Such as Email or Voluntary and 

Temporary Certificate Surrender When 

Pilots Go Abroad 

One commenter requested that the 

FAA consider alternatives to the rule 

that would only apply to pilots. 

Specifically, the commenter requested 


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81308 Federal Register / Vol. 89, No. 195 / Tuesday, October 8, 2024 / Rules and Regulations 

7While section 219 of the FAA Reauthorization 

Act of 2024 permits electronic or facsimile 

transmission by the FAA to the person to be served 

or the designated agent of that person, the FAA 

must also comply with international service 

conventions that currently do not expressly 

authorize email service of process abroad. 

8See U.S. Agents for Service on Individuals With 

Foreign Addresses Who Hold or Apply for Certain 

Certificates, Ratings, or Authorizations, Notice of 

Proposed Rulemaking, 88 FR 38002 (June 12, 2023). 

The FAA’s service of process abroad can trigger 

international service requirements, which can 

create a serious risk to aviation safety. For example, 

when the FAA is serving emergency orders of 

revocation or suspension, the individual may 

attempt to continue exercising the associated 

privileges of the certificate, rating, or authorization, 

until the FAA serves the individual in accordance 

with international service requirements, which may 

take months and in some instances over a year. 

9See 88 FR 38002. The two international service 

conventions applicable to the FAA’s service of 

certain documents are the Hague Service 

Convention, 20 U.S.T. 361 (signed Nov. 15, 1965), 

and the Inter-American Convention on Letters 

Rogatory, adopted January 30, 1975, together with 

the Additional Protocol to the Convention (IACAP), 

adopted May 8, 1979, S. Treaty Doc. No. 98–27 

(1986). The main method for service under either 

convention, is through a country’s designated 

central authority, which is cumbersome, slow, and 

costly compared to service of process accomplished 

directly through registered mail on the intended 

recipient. 

that the FAA consider email service for 

pilots or allow pilots to temporarily and 

voluntarily surrender their certificate(s) 

to the FAA for the time they are abroad. 

The FAA notes that alternatives to the 

rule that would only apply to pilots, as 

the commenter proposed, rather than all 

the applicable certificate, rating, and 

authorization holders and applicants 

impacted by this rule would be unequal 

because there is not any justification for 

favoring pilots over other impacted 

groups. Nevertheless, the FAA 

considered the proposed alternatives, in 

case they could be viable options for all 

individuals impacted by the rule. The 

FAA determined that neither option is 

a viable alternative to a U.S. agent. 

The NPRM already addressed why 

email service was not a viable 

alternative to this rule. Specifically, the 

NPRM explained that international 

service conventions do not expressly 

authorize email service of process 

abroad, and that email service abroad 

could violate the domestic law of the 

receiving state and potentially result in 

judgments that are unenforceable in 

foreign courts.7 Accordingly, the FAA 

did not adopt the commenter’s proposed 

email alternative to a U.S. agent. 

The commenter’s second proposed 

alternative of temporary and voluntary 

certificate surrender to the FAA does 

not remedy the issue the rule is 

addressing. The purpose of the rule is to 

assist the FAA with efficient and 

effective service of documents to 

individuals abroad. An individual’s 

temporary and voluntary certificate 

surrender for the time they are abroad 

would not assist the FAA with serving 

a document to the individual once they 

are outside the United States. For 

example, if an individual violates the 

Federal Aviation Regulations before 

going to live abroad for a year, the FAA 

may need to take enforcement action 

and serve the individual with a notice 

or order for that violation when they are 

abroad. This would be true regardless of 

whether the individual decides to put 

their certificate on hold with the FAA 

temporarily and voluntarily for the time 

they are abroad. Lastly, the FAA’s 

regulations do not provide for 

temporary and voluntary certificate 

surrenders because to create a system to 

receive, temporarily store, and return an 

individual’s physical certificates would 

be costly. The FAA, therefore, has not 

adopted the commenter’s proposed 

alternative of temporary and voluntary 

certificate surrender to the FAA. 

D. Miscellaneous Issues 

1. Commenters Who Opposed the Rule 

Without Proposing Changes 

Two commenters generally opposed 

the rule, without proposing any 

changes, which the FAA believes is 

based on a misunderstanding of current 

requirements or the rule, as proposed. 

Both commenters asserted that an 

individual with a U.S. address of record 

with the FAA does not have to designate 

a U.S. agent or be reachable at their U.S. 

address, and, therefore, questioned why 

an individual abroad, with no U.S. 

postal address, would need to establish 

more reliable postal communication 

with the FAA by designating a U.S. 

agent. The underlying assumption that 

certificate, rating, and authorization 

holders do not have to be reachable at 

their address of record with the FAA, 

whether in the U.S. or abroad, is 

incorrect. The FAA’s responsibility of 

ensuring a safe National Airspace 

System requires that the agency be able 

to reach certificate, rating, and 

authorization holders.8 Individuals are 

expected to be reachable at their address 

of record on file with the FAA. 

However, the purpose of this rule is 

not to address the reliability of 

individuals’ addresses, regardless of 

location. Rather, this rule is intended to 

provide the FAA with a means to 

provide timely and cost-effective service 

to individuals located abroad in light of 

international service requirements. The 

FAA can more effectively and efficiently 

send mail to a U.S. address than abroad 

due to international service 

requirements that are discussed in the 

NPRM.9 This distinction justifies the 

requirement of U.S. agents for 

individuals who have a foreign address 

of record on file with the FAA and no 

U.S. physical address of record on file 

with the FAA. 

The FAA believes the second 

commenter also misunderstood the 

proposed rule as requiring individuals 

to designate a secondary U.S. agent in 

the event their primary U.S. agent is on 

vacation. The NPRM did not propose to 

require individuals to designate two 

U.S. agents. Rather, the NPRM 

explained the importance of ensuring 

reachability in the event a designated 

U.S. agent for service is temporarily 

unable to accept service and offered an 

example of a proposed solution that did 

not require the designation of a back-up 

U.S. agent. The NPRM provided that 

U.S. agents could have a friend or 

associate collect the mail and notify the 

individual of the service. Therefore, the 

FAA is not making any changes to the 

rule as a result of the comments. 

2. Comments on the Privacy Impact 

Assessment and Civil Aircraft Registry 

Electronic Services Requirements 

The FAA received three comments 

that asked about the public availability 

of the Privacy Impact Assessment (PIA), 

which was addressed by reopening the 

comment period when the PIA became 

publicly available on the Department of 

Transportation’s website. Another 

comment, received after the comment 

period was reopened, stated that 15 

days was not enough time to comment 

on the PIA. The FAA considered 15 

days to be sufficient time to comment 

on the PIA. The document was publicly 

available since August 23, 2023, almost 

two months before the reopening of the 

comment period and is not a document 

that requires public comment under the 

Administrative Procedure Act. 

Finally, three comments were about 

the Civil Aircraft Registry Electronic 

Services (CARES) requirements and 

availability of that system for U.S. agent 

designation. These comments are out of 

scope and premature because they did 

not specifically discuss the 

implementation of the NPRM, but rather 

were about the CARES system, which is 

not the system of collection for the U.S. 

agent information. The PIA simply 

identified CARES as one potential 

system FAA could use to collect U.S. 

agent information at some point in the 

future. The FAA has not made changes 

in the final rule based on these 

comments and recommends certificate 

holders and applicants reference 


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10AC 3–1 was published in concurrence with this 

final rule and can be found at drs.faa.gov/browse/ 

AC/doctypeDetails. 

11The FAA has placed a copy of these Advisory 

Circular in the docket for this rulemaking, with the 

exception of AC 65–32A which is also under 

revision as part of another rulemaking and will be 

published with that rule. 

12FAA Advisory Circulars are available at: 

www.faa.gov/regulations_policies/advisory_

circulars/. 

13The average cost to FAA per document served 

abroad is $75. 

Advisory Circular (AC) 3–1 10 for further 

information on the information that the 

FAA will collect and how it will do so 

in accordance with this final rule. 

3. Final Rule Compliance Dates 

This final rule changes the 

compliance date noted in the NPRM, 

which was six months after the date of 

publication in the Federal Register to 

nine months after the date of 

publication in the Federal Register. The 

final rule clarifies there are two 

compliance dates. The compliance dates 

for this final rule are as follows: January 

6, 2025, for applicants of any certificate, 

rating, or authorization issued under 

part 47, 61, 63, 65, 67, or 107, and July 

7, 2025 for holders of any certificate, 

rating, or authorization issued under 

part 47, 61, 63, 65, 67, or 107. This 

additional time for current certificate, 

rating, or authorization holders is 

provided to ensure FAA preparedness 

for the collection of U.S. agent 

designations and to provide more time 

for individuals to come into compliance 

with the final rule. 

4. FAA Guidance Materials: Advisory 

Circulars and Orders 

The FAA is publishing an Advisory 

Circular, U.S. Agents for Service, with 

this final rule.11 It specifies the 

acceptable form and manner for 

individuals to submit their designation 

of a U.S. agent. The following FAA 

Advisory Circulars will also be updated, 

as necessary, to reflect this final rule: 

AC 61–65H, AC 61–135A, AC 61–143, 

AC 65–30B, AC 65–23A, AC 65–32A 

and AC 65–34A. The FAA’s Advisory 

Circulars are publicly available on 

FAA’s website.12

V. Regulatory Notices and Analyses 

Federal agencies consider impacts of 

regulatory actions under a variety of 

Executive orders and other 

requirements. First, Executive Order 

12866 and Executive Order 13563, as 

amended by Executive Order 14094 

(‘‘Modernizing Regulatory Review’’), 

direct that each Federal agency propose 

or adopt a regulation only upon a 

reasoned determination that the benefits 

of the intended regulation justify its 

costs. Second, the Regulatory Flexibility 

Act of 1980 (Pub. L. 96–354) requires 

agencies to analyze the economic 

impact of regulatory changes on small 

entities. Third, the Trade Agreements 

Act (Pub. L. 96–39) prohibits agencies 

from setting standards that create 

unnecessary obstacles to the foreign 

commerce of the United States. Fourth, 

the Unfunded Mandates Reform Act of 

1995 (Pub. L. 104–4) requires agencies 

to prepare a written assessment of the 

costs, benefits, and other effects of 

proposed or final rules that include a 

Federal mandate that may result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100,000,000 or more 

(adjusted annually for inflation) in any 

one year. The current threshold after 

adjustment for inflation is $183,000,000, 

using the most current (2023) Implicit 

Price Deflator for the Gross Domestic 

Product. This portion of the preamble 

summarizes the FAA’s analysis of the 

economic impacts of this rulemaking. 

In conducting these analyses, the FAA 

has determined that this final rule: (i) 

will result in benefits that justify costs; 

(ii) is not an economically ‘‘significant 

regulatory action’’ as defined in section 

3(f) of Executive Order 12866; (iii) will 

not have a significant economic impact 

on a substantial number of small entities 

as amended; (iv) will not create 

unnecessary obstacles to the foreign 

commerce of the United States; and (v) 

will not impose an unfunded mandate 

on State, local, or tribal governments, or 

on the private sector. 

A. Regulatory Impact Analysis 

On June 12, 2023, the FAA published 

a NPRM and received 14 comments. 

None of the comments expressed 

concerns with economic impacts of the 

proposal except one. One commenter 

expressed concern that the rule’s cost to 

individual pilots would be between $15 

million and $30 million annually, and 

also expressed concern about the cost of 

enacting the proposed regulatory 

change. However, the commenter does 

not provide an explanation for the cost 

estimate, therefore the FAA continues to 

use the estimate provided in the NPRM. 

However, FAA has updated the cost 

of hiring a registered U.S. agent service 

company based on a more recent source. 

In the NPRM, FAA reported this cost 

could range from $150 to $300. The 

updated source reports this could be 

between $50 and $200. 

1. Baseline for the Analysis 

In July 2022, approximately 115,000 

individuals applied for or held 

certificates, ratings, and authorizations 

issued under 14 CFR parts 47, 61, 63, 

65, 67, and 107, had a foreign address, 

and did not have a U.S. physical 

address of record on file with the FAA. 

The FAA estimates that approximately 

97 percent of these individuals that 

used a foreign address are citizens of 

foreign countries. The FAA notes 

service of process abroad imposes costs 

on the agency. The FAA estimates that 

it sends over 8,000 documents abroad 

annually, including both service of 

process and other documents, at a cost 

close to $600,000 including mailing 

costs, staff time, and translation services 

when required.13 Examples of 

documents that have been sent abroad 

are as follows: 

1. Aerospace Medicine’s Letters: a. All 

Denial Letters, b. Withdrawal of Special 

Issuance (SI) Authorization Letters, c. 

Special Issuance Authorization Letters, 

d. Re-examination/Request for 

Information Letters, e. Lack of 

Qualification Letters with Referral to 

Legal, f. Letters of Investigation, and g. 

Federal Drug and Alcohol Testing 

Letters of Investigation, 

2. Enforcement action documents: a. 

Notice of Proposed Civil Penalty 

(NOPCP), b. Final Notice of Civil 

Penalty (FNPOCP), c. Order Assessing 

Civil Penalty (OACP), d. Notice of 

Proposed Assessment (NOPA), e. Civil 

Penalty Letter, f. Notice of Proposed 

Certificate Action (NOPCA), g. Order of 

Suspension (OS), h. Order of Revocation 

(OR), i. Emergency Order of Revocation 

(EOR), and j. Emergency Order of 

Suspension (EOS), 

3. Flight Standards Reexamination 

Letters, 

4. All FAA Program Office’s Letters of 

Investigation, and 

5. Aircraft Registry Letters: a. Notices 

to Aircraft Owners of Ineffective Aircraft 

Registration, and b. Notices to Aircraft 

Owners of Invalid Aircraft Registration. 

2. Benefits 

The benefits of the final rule include 

prompt and cost-effective service of 

these documents to individuals abroad 

through service on their U.S. agents. 

Prompt service will conserve agency 

resources, ensure that lengthy delays in 

service do not compromise aviation 

safety, and provide individuals abroad 

timely notice of the FAA’s actions. 

However, these benefits are not 

quantified because the ultimate impacts 

on aviation are not known. 

3. Costs 

Under this final rule, the affected 

individuals will bear the transaction 

costs associated with having a foreign 

address on file with the FAA. There is 

a minimal cost associated with 


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14See www.chamberofcommerce.org/bestregistered-agent-virginia (last accessed April 23, 

2024). 

designating a new U.S. agent and any 

updates thereafter. Individuals may 

designate an entity or an adult (18 or 

older) with a U.S. address to serve as 

their U.S. agent. The FAA determined 

that the cost of hiring a registered U.S. 

agent service company may range from 

$50 to $200 annually.14 However, as 

discussed in the NPRM, many 

individuals with foreign addresses may 

have a friend or family member residing 

in the U.S. whom they may choose to 

designate as their U.S. agent, resulting 

in no annual costs to those individuals 

for hiring a U.S. agent for service. 

The FAA will incur implementation 

costs to collect the U.S. agent 

information. However, the FAA 

anticipates developing an automated 

system that would not require agency 

staff processing time. The initial 

implementation costs will then be offset 

by saving the baseline foreign service 

process costs and avoiding the costs of 

translation services (required by 

contracting parties to the Hague Service 

Convention or IACAP). 

4. Summary 

In summary, the FAA expects that the 

benefits of prompt document service, 

which could affect aviation safety, will 

exceed any costs associated with 

implementing this rule. Costs associated 

with designating a U.S. agent for 

affected individuals abroad will be 

largely incurred by the individual who 

holds, or is applying for, the certificate, 

rating, or authorization, rather than the 

FAA. This final rule will eliminate a 

majority of the FAA’s current costs of 

affecting international service and 

transfer some of these transaction costs 

back to the individual being served by 

requiring designation of a U.S. agent. 

B. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

of 1980, Public Law 96–354, 94 Stat. 

1164 (5 U.S.C. 601–612), as amended by 

the Small Business Regulatory 

Enforcement Fairness Act of 1996 (Pub. 

L. 104–121, 110 Stat. 857, Mar. 29, 

1996) and the Small Business Jobs Act 

of 2010 (Pub. L. 111–240, 124 Stat. 

2504, Sept. 27, 2010), requires Federal 

agencies to consider the effects of the 

regulatory action on small business and 

other small entities and to minimize any 

significant economic impact. The term 

‘‘small entities’’ comprises small 

businesses and not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The FAA did not identify any small 

entities that would be affected by this 

rule because it concerns only 

individuals and not their employers or 

entities or businesses the individuals 

are associated with. The FAA did not 

receive any comments on the basis for 

this certification during the public 

comment period after the publication of 

the associated NPRM. Therefore, the 

FAA certifies that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

International Trade Impact Assessment 

The Trade Agreements Act of 1979 

(Pub. L. 96–39), as amended by the 

Uruguay Round Agreements Act (Pub. 

L. 103–465), prohibits Federal agencies 

from establishing standards or engaging 

in related activities that create 

unnecessary obstacles to the foreign 

commerce of the United States. 

Pursuant to these Acts, the 

establishment of standards is not 

considered an unnecessary obstacle to 

the foreign commerce of the United 

States, so long as the standard has a 

legitimate domestic objective, such as 

the protection of safety, and does not 

operate in a manner that excludes 

imports that meet this objective. The 

statute also requires consideration of 

international standards and, where 

appropriate, that they be the basis for 

U.S. standards. The FAA has 

determined that this rule is not 

considered an unnecessary obstacle to 

trade. 

C. Unfunded Mandates Assessment 

The Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4) requires 

agencies to prepare a written assessment 

of the costs, benefits, and other effects 

of proposed or final rules that include 

a Federal mandate that may result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

one year. The current threshold after 

adjustment for inflation is $183 million 

using the most current (2023) Implicit 

Price Deflator for the Gross Domestic 

Product. The FAA determined that this 

final rule will not result in the 

expenditure of $187 million or more by 

State, local, or tribal governments or by 

the private sector, in the aggregate, or 

the private sector, in any one year. 

D. Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3507(d)) requires that the 

FAA consider the impact of paperwork 

and other information collection 

burdens imposed on the public. 

According to the 1995 amendments to 

the Paperwork Reduction Act (5 CFR 

1320.8(b)(2)(vi)), an agency may not 

collect or sponsor the collection of 

information, nor may it impose an 

information collection requirement, 

unless it displays a currently valid 

Office of Management and Budget 

(OMB) control number. 

This action contains the following 

new information collection 

requirements. As required by the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3507(d)), the FAA has submitted 

the information collection to OMB for 

its review. 

Summary: 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. 

Use: The information collected and 

maintained in FAA databases is used to 

serve various documents to the 

designated U.S. agents of individuals 

with a foreign address. 

Respondents: As of July 2022, there 

were 115,132 individuals who held 

certificates, ratings, or authorizations 

issued under 14 CFR part 47, 61, 63, 65, 

67, or 107 with a foreign address and 

who did not have a U.S. physical 

address of record on file with the FAA. 

After the implementation of the rule in 

Year 1, the FAA expects that the 

number of new applicants who would 

be required to designate a U.S. agent 

would be 4,362 annually. In addition, 

the FAA estimates that annually 

approximately 4,606 respondents might 

process a change of U.S. agent 

designation or an update to their U.S. 

agents’ contact information. 

Frequency: All 115,132 individuals 

with a foreign address, with no U.S. 

physical address, who currently hold 

certificates, ratings, or authorizations 

issued under 14 CFR part 47, 61, 63, 65, 

67, or 107 are required to designate a 

U.S. agent once during the 

implementation of the rule in Year 1. 

Similarly, 4,362 respondents identified 

as applicants who do not currently hold 

any certificates, ratings, or 

authorization, would be required to 

designate a U.S. agent at the time of 

their application in Year 2. 

Additionally, 4,606 respondents might 

need to change their U.S. agent or 

update the information for their current 

U.S. agent. This would require 

submission of a new U.S. agent 

designation. 

Annual Burden Estimate: The FAA 

estimates that it would take an 

individual 10 minutes to submit a U.S. 


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15Using a loaded composite wage rate of $62.32 

obtained from a select of number of foreign 

countries and $10 a minute (=10/60 or 0.167 hour) 

estimated to submit a U.S. agent designation, the 

FAA calculates that these individuals would incur 

$1,195,761, (= 115,132 × $62/hour × 0.167 hour). 

16 65 FR 67249 (Nov. 6, 2000). 

17FAA Order No. 1210.20 (Jan. 28, 2004), 

available at www.faa.gov/documentLibrary/media/ 

1210.pdf. 

18Upon finalization, PIAs are posted on the 

Department of Transportation’s Privacy Program 

page, available at www.transportation.gov/ 

individuals/privacy/privacy-impactassessments#Federal%20Aviation%

20Administration%20(FAA). 

agent designation. In Year 1, the number 

of annual burden hours would be 19,189 

[(115,132 individuals × (10 minutes ÷ 60 

minutes)], and 1,495 hours each year 

afterwards (=[(4,362 + 4,606) × (10 

minutes ÷ 60 minutes)]). The annual 

cost of this U.S. agent designation 

requirement to individuals would be 

$1,195,761 in Year 1 and $93,131 each 

year afterwards.15

The collection of the U.S. agent 

designation will be fully automated. 

Therefore, there will be no new annual 

cost to the government. 

E. International Trade Impact 

Assessment 

The Trade Agreements Act of 1979 

(Pub. L. 96–39), as amended by the 

Uruguay Round Agreements Act (Pub. 

L. 103–465), prohibits Federal agencies 

from establishing standards or engaging 

in related activities that create 

unnecessary obstacles to the foreign 

commerce of the United States. 

Pursuant to these Acts, the 

establishment of standards is not 

considered an unnecessary obstacle to 

the foreign commerce of the United 

States, so long as the standard has a 

legitimate domestic objective, such as 

the protection of safety and does not 

operate in a manner that excludes 

imports that meet this objective. The 

statute also requires consideration of 

international standards and, where 

appropriate, that they be the basis for 

U.S. standards. The FAA has assessed 

the potential effects of this rule and 

determined that it will not create 

unnecessary obstacles to the foreign 

commerce of the United States. 

F. Environmental Analysis 

FAA Order 1050.1F identifies FAA 

actions that are categorically excluded 

from preparation of an environmental 

assessment or environmental impact 

statement under the National 

Environmental Policy Act in the 

absence of extraordinary circumstances. 

The FAA has determined this 

rulemaking action qualifies for the 

categorical exclusion identified in 

paragraph 5–6.6f and involves no 

extraordinary circumstances. 

VI. Executive Order Determinations 

A. Executive Order 13132, Federalism 

The FAA has analyzed this final rule 

under the principles and criteria of 

Executive Order (E.O.) 13132, 

Federalism. The FAA has determined 

that this action will not have a 

substantial direct effect on the states, or 

the relationship between the Federal 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, and, therefore, 

will not have federalism implications. 

B. Executive Order 13175, Consultation 

and Coordination With Indian Tribal 

Governments 

Consistent with Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments,16 and 

FAA Order 1210.20, American Indian 

and Alaska Native Tribal Consultation 

Policy and Procedures,17 the FAA 

ensures that Federally Recognized 

Tribes (Tribes) are given the opportunity 

to provide meaningful and timely input 

regarding proposed Federal actions that 

have the potential to have substantial 

direct effects on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes; or to 

affect uniquely or significantly their 

respective tribes. At this point, the FAA 

has not identified any unique or 

significant effects, environmental or 

otherwise, to Indian tribes resulting 

from this final rule. 

C. Executive Order 13211, Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use 

The FAA analyzed this final rule 

under E.O. 13211, Actions Concerning 

Regulations that Significantly Affect 

Energy Supply, Distribution, or Use 

(May 18, 2001). The FAA has 

determined that it is not a ‘‘significant 

energy action’’ under the executive 

order and is not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. 

D. Executive Order 13609, Promoting 

International Regulatory Cooperation 

Executive Order 13609, Promoting 

International Regulatory Cooperation, 

promotes international regulatory 

cooperation to meet shared challenges 

involving health, safety, labor, security, 

environmental, and other issues and to 

reduce, eliminate, or prevent 

unnecessary differences in regulatory 

requirements. The FAA has analyzed 

this action under the policies and 

agency responsibilities of Executive 

Order 13609, and has determined that 

this action will have no effect on 

international regulatory cooperation. 

VII. Privacy 

With regard to the information 

persons may submit in accordance with 

this final rule’s requirements, the FAA 

conducted a privacy impact assessment 

(PIA) under section 522(a)(5) of division 

H of the FY 2005 Omnibus 

Appropriations Act, Public Law 108– 

447, 118 Stat. 3268 (Dec. 8, 2004) and 

section 208 of the E-Government Act of 

2002, Public Law 107–347, 116 Stat. 

2889 (Dec. 17, 2002). The PIA found the 

NPRM’s proposed requirements 

affecting privacy include the collection 

of personally identifiable information 

(PII) of U.S. agents designated by 

individuals with a foreign address and 

no U.S. physical address on file with the 

FAA that hold or apply for certificates, 

ratings, or authorizations issued under 

14 CFR part 47, 61, 63, 65, 67, or 107. 

The rule collects the U.S. agent’s full 

name, U.S. address, fax number 

(optional), phone number (optional), 

and email address. 

As part of the PIA, the FAA analyzed 

the effect the rule would have on 

collecting, storing, and disseminating 

personally identifiable information (PII) 

of U.S. agents designated by individuals 

with a foreign address and no U.S. 

physical address on file with the FAA 

that hold or apply for certificates, 

ratings, or authorizations issued under 

14 CFR part 47, 61, 63, 65, 67, or 107. 

The FAA also examined and evaluated 

protections and alternative informationhandling processes in developing the 

rule to mitigate potential privacy risks. 

A copy of PIA is posted on DOT’s 

website.18

VIII. Additional Information 

A. Electronic Access and Filing 

A copy of the NPRM, all comments 

received, this final rule, the AC for 

designation of U.S. agents, and all 

background material may be viewed 

online at www.regulations.gov using the 

docket number listed above. A copy of 

this final rule will be placed in the 

docket. Electronic retrieval help and 

guidelines are available on the website. 

It is available 24 hours each day, 365 

days each year. An electronic copy of 

this document may also be downloaded 

from the Office of the Federal Register’s 

website at www.federalregister.gov and 

the Government Publishing Office’s 


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website at www.govinfo.gov. A copy 

may also be found at the FAA’s 

Regulations and Policies website at 

www.faa.gov/regulations_policies. 

Copies may also be obtained by 

sending a request to the Federal 

Aviation Administration, Office of 

Rulemaking, ARM–1, 800 Independence 

Avenue SW, Washington, DC 20591, or 

by calling (202) 267–9677. Commenters 

must identify the docket or notice 

number of this rulemaking. 

All documents the FAA considered in 

developing this final rule, including 

economic analyses and technical 

reports, may be accessed in the 

electronic docket for this rulemaking. 

B. Small Business Regulatory 

Enforcement Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996 requires the FAA to comply with 

small entity requests for information or 

advice about compliance with statutes 

and regulations within its jurisdiction. 

A small entity with questions regarding 

this document may contact its local 

FAA official, or the person listed under 

the FOR FURTHER INFORMATION CONTACT

heading at the beginning of the 

preamble. To find out more about 

SBREFA on the internet, visit 

www.faa.gov/regulations_policies/ 

rulemaking/sbre_act/. 

List of Subjects in 14 CFR Part 3 

Aircraft, Aviation safety, U.S. agent 

for service. 

The Amendment 

For reasons discussed in the 

preamble, the Federal Aviation 

Administration amends title 14, Code of 

Federal Regulations as follows: 

PART 3—GENERAL REQUIREMENTS 

■ 1. Effective October 8, 2024, the 

authority citation for part 3 is revised to 

read as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 40113, 

44701, 44704, 46111, and 46103. 

■ 2. Effective October 8, 2024, add 

subpart C to read as follows: 

Subpart C—Designated U.S. Agents for 

Service 

Sec. 

3.301 Applicability. 

3.302 Definitions. 

3.303 Designation of a U.S. agent for 

service. 

§ 3.301 Applicability. 

This subpart applies to individuals 

who: 

(a) Do not have a U.S. physical 

address of record on file with the FAA; 

(b) Have a foreign address of record 

on file with the FAA; and 

(c) Hold or apply for certificates, 

ratings, or authorizations under part 47, 

61, 63, 65, 67, or 107 of this chapter. 

§ 3.302 Definitions. 

U.S. agent address is an address in 

the States of the United States, the 

District of Columbia, or any U.S. 

territory or possession. If the U.S. agent 

is an entity, the address must be the 

U.S. agent’s office address. If the U.S. 

agent is an individual, the address must 

be the U.S. agent’s usual place of 

residence or, if applicable, the 

individual’s U.S. military office address. 

If the U.S. agent is serving as a U.S. 

agent in their official capacity with the 

military, the address may be a military 

office address. A U.S. agent address may 

not be a post office box, military post 

office box, or a mail drop box. 

U.S. agent for service (U.S. agent) is 

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. 

U.S. physical address is 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. 

§ 3.303 Designation of a U.S. agent for 

service. 

(a) Individuals must designate a U.S. 

agent for service within the U.S. in 

writing to the FAA in a form and 

manner prescribed by the 

Administrator. Individuals designating a 

U.S. agent must ensure that the U.S. 

agent understands the requirements for 

receiving FAA service on behalf of the 

individual and is competent to perform 

that responsibility. 

(b) The designation must include the 

U.S. agent’s full name, U.S. agent 

address, email address, and certification 

by the individual that the U.S. agent has 

accepted responsibility for receiving 

FAA service on behalf of the individual. 

It may also include the U.S. agent’s fax 

number and phone number. 

(c) Individuals must notify the FAA in 

a form and manner prescribed by the 

Administrator of any change to their 

U.S. agent designation or the U.S. 

agent’s contact information within 30 

days of the change. 

(d) Individuals must comply with the 

requirements listed in this subpart no 

later than: 

(1) July 7, 2025, for holders of any 

certificate, rating, or authorization 

issued under part 47, 61, 63, 65, 67, or 

107. These individuals who fail to 

timely designate a U.S. agent for service 

and comply with the requirements 

under this subpart may not exercise the 

privileges of any certificate, rating, or 

authorization issued under part 47, 61, 

63, 65, 67, or 107, and an individual 

aircraft owner’s aircraft registration 

certificate will be considered 

ineffective; and 

(2) January 6, 2025, for applicants of 

any certificate, rating, or authorization 

issued under part 47, 61, 63, 65, 67, or 

107. An applicant who fails to designate 

a U.S. agent for service and comply with 

the requirements under this subpart 

shall not be issued a certificate, rating, 

or authorization under part 47, 61, 63, 

65, 67, or 107. 

■ 3. Effective January 6, 2025, amend 

§ 3.303 by revising paragraph (d) and 

adding paragraph (e) to read as follows: 

§ 3.303 Designation of a U.S. agent for 

service. 

* * * * * 

(d) Individuals holding any 

certificate, rating, or authorization 

issued under part 47, 61, 63, 65, 67, or 

107 must comply with the requirements 

listed in this subpart no later than July 

7, 2025. These individuals who fail to 

timely designate a U.S. agent for service 

and comply with the requirements 

under this subpart may not exercise the 

privileges of any certificate, rating, or 

authorization issued under part 47, 61, 

63, 65, 67, or 107, and an individual 

aircraft owner’s aircraft registration 

certificate will be considered 

ineffective. 

(e) No individual shall be issued a 

certificate, rating, or authorization 

under parts 47, 61, 63, 65, 67, or 107 of 

this chapter unless the individual has 

designated a U.S. agent as required 

under this subpart. 

■ 4. Effective July 7, 2025, amend 

§ 3.303 by revising paragraph (d) to read 

as follows: 

§ 3.303 Designation of a U.S. agent for 

service. 

* * * * * 

(d) No individual shall exercise the 

privileges of any certificate, rating, or 

authorization issued under part 47, 61, 

63, 65, 67, or 107 of this chapter unless 

the individual has designated a U.S. 

agent as required under this subpart. 

Aircraft registration certificates issued 

to individuals who fail to designate a 

U.S. agent as required under this 

subpart will be ineffective. 

* * * * * 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 195 / Tuesday, October 8, 2024 / Rules and Regulations 81313 

1 Modernization of Passenger Information 

Requirements Relating to ‘‘No Smoking’’ Sign 

Illumination direct final rule, 89 FR 68094 (Aug. 23, 

2024). 

2An aircraft can be type certificated, despite 

apparent noncompliance with specific 

airworthiness provisions, if ‘‘any airworthiness 

provisions not complied with are compensated for 

by factors that provide an equivalent level of 

safety.’’ 14 CFR 21.21(b)(1). These equivalent level 

of safety (ELOS) findings, also known as equivalent 

safety findings (ESF), can be described in issue 

papers. Issue papers are a structured means to 

address certain issues in the certification and 

validation processes of aircraft and aircraft parts. 

Issue papers establish a vehicle for formal 

communication between the FAA and the 

applicant, and track resolution of the subject issues. 

FAA Advisory Circular (AC) 20–166. 

3A petition for exemption is a request to the FAA 

by an individual or entity asking for relief from the 

requirements of a current regulation. 14 CFR 11.15. 

4Petition for Exemption; Summary of Petition 

Received; Delta Air Lines, Inc., FR Doc. 2018–03115 

(Feb. 15, 2018); Petition for Exemption; Summary 

of Petition Received; Delta Air Lines, Inc., FR Doc. 

2018–25364 (Nov. 21, 2018). 

Issued under authority provided by 49 

U.S.C. 106(f), 44701(a), and 44703 in 

Washington, DC. 

Michael Gordon Whitaker, 

Administrator. 

[FR Doc. 2024–22000 Filed 10–7–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 25, 91, 121, and 125 

[Docket No. FAA–2024–2052; Amdt. Nos. 

25–153A, 91–377A, 121–393A, 125–76A] 

RIN 2120–AM00 

Modernization of Passenger 

Information Requirements Relating to 

‘‘No Smoking’’ Sign Illumination; 

Correction; Confirmation of Effective 

Date 

AGENCY: Federal Aviation 

Administration (FAA), Department Of 

Transportation (DOT). 

ACTION: Direct final rule; correction; 

confirmation of effective date. 

SUMMARY: This action confirms the 

October 22, 2024, effective date of the 

Modernization of Passenger Information 

Requirements Relating to ‘‘No Smoking’’ 

Sign Illumination direct final rule 

published on August 23, 2024, and 

responds to the comments received on 

that direct final rule. This document 

also corrects the authority citation for a 

Code of Federal Regulations part revised 

in the direct final rule. 

DATES: The effective date of October 22, 

2024, for the direct final rule published 

August 23, 2024 (89 FR 68094) is 

confirmed. The correction to the direct 

final rule published August 23, 2024 (89 

FR 68094), is effective October 22, 2024. 

ADDRESSES: For information on where to 

obtain copies of rulemaking documents 

and other information related to this 

action, see ‘‘How To Obtain Additional 

Information’’ in the SUPPLEMENTARY

INFORMATION section of this document. 

FOR FURTHER INFORMATION CONTACT: 

Catherine Burnett, Flight Standards 

Implementation and Integration Group, 

Air Transportation Division, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591; telephone (202) 267–8166; 

email Catherine.Burnett@faa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This action confirms the effective date 

of the Modernization of Passenger 

Information Requirements Relating to 

‘‘No Smoking’’ Sign Illumination direct 

final rule.1 Currently, crewmembers 

must be able to manually turn aircraft 

‘‘No Smoking’’ signs on and off. This 

requirement was implemented prior to 

the prohibition on smoking in passenger 

cabins during all phases of flight. As a 

general matter, there is no longer a need 

for the signs to indicate two different 

states of smoking permissibility because 

smoking is not typically permitted at 

any time on most transport category 

aircraft operated commercially in the 

United States. However, when smoking 

is permitted on aircraft, such as when 

they are operated privately, 

crewmembers still must be able to 

manually turn ‘‘No Smoking’’ signs on 

and off to inform passengers when it is 

acceptable to smoke. This direct final 

rule provides more flexibility by 

allowing ‘‘No Smoking’’ signs to be 

illuminated continuously. This direct 

final rule revises five sections of 

regulations that affect aircraft 

manufacturers and aircraft operators. 

Aircraft manufacturers will benefit 

from relieving changes in title 14 of the 

Code of Federal Regulations (14 CFR), 

part 25. In addition, pilots and aircraft 

operators will benefit from relieving 

changes to regulations in parts 91, 121, 

and 125. The revisions to these five 

sections of 14 CFR will allow for ‘‘No 

Smoking’’ signs to be illuminated 

continuously without the requirement 

for a physical or software switch to be 

built into the aircraft at the factory or 

used by a crewmember during an 

aircraft operation. Specifically, the 

revision to part 25 imposes no new 

requirements on manufacturers; they 

may continue to make aircraft with 

manually operated ‘‘No Smoking’’ signs. 

However, as an alternative, the revision 

to part 25 allows aircraft on which the 

‘‘No Smoking’’ signs remain illuminated 

continuously to receive type 

certification from the FAA without 

having to request relief from the current 

regulations. Similarly, with this direct 

final rule, operators will be able to 

operate aircraft where signs can either 

be manually operated by crewmembers 

or remain continuously illuminated. 

The FAA has long recognized the 

incongruity between the prohibition on 

smoking in most commercial aircraft 

and the requirement for manufacturers 

to construct, and operators to operate, 

aircraft with ‘‘No Smoking’’ signs that 

can be turned on and off. For almost 30 

years, the FAA has addressed this 

incongruity through equivalent level of 

safety (ELOS) findings 2 and regulatory 

exemptions,3 which allows aircraft to 

have ‘‘No Smoking’’ signs that are 

continuously illuminated during flight 

operations. This rule makes such ELOS 

findings and regulatory exemptions 

unnecessary. Manufacturers will be able 

to continue to manufacture, and pilots 

and operators will be able to continue 

to operate, aircraft with ‘‘No Smoking’’ 

signs that can be turned on and off or 

‘‘No Smoking’’ signs that are 

illuminated continuously. 

Additionally, to align with the final 

rule Use of Supplemental Restraint 

Systems (89 FR 67834), effective 

October 21, 2024, the authority citation 

to part 91 in the direct final rule is 

corrected to remove the reference to 49 

U.S.C. 106(g) which was removed and 

reserved by section 202 of Public Law 

118–63. 

II. Discussion of Comments 

The ‘‘No Smoking’’ signs direct final 

rule was published August 23, 2024, 

and provided a period for public 

comment until September 23, 2024. The 

FAA received three comments related to 

this direct final rule. Two comments 

were from individual commenters, and 

one comment was from Airlines for 

America (A4A). A4A supported the 

direct final rule as proposed. 

One individual commenter 

appreciated the anticipated stakeholder 

relief once regulated entities need no 

longer apply for exemptions for ‘‘No 

Smoking’’ signs. The commenter 

asserted that the FAA should consider 

using more direct final rulemaking 

actions, as appropriate, to revise 

regulations when there are numerous 

variances or exemptions from a CFR 

section. The commenter specifically 

noted, by way of example, numerous 

variances for EXIT signs that could be 

found in the Federal Register.4


ddrumheller on DSK120RN23PROD with RULES1