Federal Register / Vol. 90, No. 2 / Friday, January 3, 2025 / Rules and Regulations 213 

(b) The civil money penalty for 

election sensitive reports that are filed 

late or not filed shall be calculated in 

accordance with the following schedule 

of penalties: 

TABLE 2 TO PARAGRAPH (b) 

If the level of activity in the report was: And the report was filed late, the civil money penalty is: Or the report was not filed, the civil money penalty is: 

$1–$4,999.99 1 ............................................... [$85 + ($15 × Number of days late)] × [1 + (.25 × Number 

of previous violations)].

$854 × [1 + (.25 × Number of previous violations)]. 

$5,000–$9,999.99 .......................................... [$171 + ($15 × Number of days late)] × [1 + (.25 × Number of previous violations)].$1,023 × [1 + (.25 × Number of previous violations)]. 

$10,000–24,999.99 ........................................ [$255 + ($15 × Number of days late)] × [1 + (.25 × Number of previous violations)].$1,536 x [1 + (.25 x Number of previous violations)]. 

$25,000–49,999.99 ........................................ [$546 + ($43 × Number of days late)] × [1 + (.25 × Number of previous violations)].$2,388 × [1 + (.25 × Number of previous violations)]. 

$50,000–74,999.99 ........................................ [$817 + ($136 × Number of days late)] × [1 + (.25 × Number of previous violations)].$5,441 × [1 + (.25 × Number of previous violations)]. 

$75,000–99,999.99 ........................................ [$1,087 + ($183 × Number of days late)] × [1 + (.25 × 

Number of previous violations)].

$7,256 × [1 + (.25 × Number of previous violations)]. 

$100,000–149,999.99 .................................... [$1,633 + ($227 × Number of days late)] × [1 + (.25 × 

Number of previous violations)].

$9,072 × [1 + (.25 × Number of previous violations)]. 

$150,000–199,999.99 .................................... [$2,178 + ($271 × Number of days late)] × [1 + (.25 × 

Number of previous violations)].

$10,885 × [1 + (.25 × Number of previous violations)]. 

$200,000–249,999.99 .................................... [$2,722 + ($316 × Number of days late)] × [1 + (.25 × 

Number of previous violations)].

$13,606 × [1 + (.25 × Number of previous violations)]. 

$250,000–349,999.99 .................................... [$4,081 + ($362 × Number of days late)] × [1 + (.25 × 

Number of previous violations)].

$16,327 × [1 + (.25 × Number of previous violations)]. 

$350,000–449,999.99 .................................... [$5,441 + ($362 × Number of days late)] × [1 + (.25 × 

Number of previous violations)].

$18,142 × [1 + (.25 × Number of previous violations)]. 

$450,000–549,999.99 .................................... [$6,803 + ($362 × Number of days late)] × [1 + (.25 × 

Number of previous violations)].

$19,955 × [1 + (.25 × Number of previous violations)]. 

$550,000–649,999.99 .................................... [$8,165 + ($362 × Number of days late)] × [1 + (.25 × 

Number of previous violations)].

$21,769 × [1 + (.25 × Number of previous violations)]. 

$650,000–749,999.99 .................................... [$9,524 + ($362 × Number of days late)] × [1 + (.25 × 

Number of previous violations)].

$23,585 × [1 + (.25 × Number of previous violations)]. 

$750,000–849,999.99 .................................... [$10,885 + ($362 × Number of days late)] × [1 + (.25 × 

Number of previous violations)].

$25,399 × [1 + (.25 × Number of previous violations)]. 

$850,000–949,999.99 .................................... [$12,245 + ($362 × Number of days late)] × [1 + (.25 × 

Number of previous violations)].

$27,212 × [1 + (.25 × Number of previous violations)]. 

$950,000 or over ............................................ [$13,606 + ($362 × Number of days late)] × [1 + (.25 × 

Number of previous violations)].

$29,027 × [1 + (.25 × Number of previous violations)]. 

1The civil money penalty for a respondent who does not have any previous violations will not exceed the level of activity in the report. 

(c) If the respondent fails to file a 

required report and the Commission 

cannot calculate the level of activity 

under paragraph (d) of this section, then 

the civil money penalty shall be $9,978. 

* * * * * 

§ 111.44 [Amended] 

■ 4. Section 111.44 is amended in 

paragraph (a)(1) by removing ‘‘$178’’ 

and adding, in its place, ‘‘$183’’. 

Dated: December 23, 2024. 

On behalf of the Commission. 

Sean J. Cooksey, 

Chair, Federal Election Commission. 

[FR Doc. 2024–31368 Filed 1–2–25; 8:45 am] 

BILLING CODE 6715–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 3 

[Docket No. FAA–2023–1194; Amt. 3–3A] 

RIN 2120–AL85 

Extension of Compliance Date To 

Designate a U.S. Agent for Service for 

Individuals With Foreign Addresses 

Who Apply for Certain Certificates, 

Ratings, or Authorizations 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; delay of effective 

date. 

SUMMARY: On October 8, 2024, the FAA 

published a final rule that will require 

individuals with foreign addresses and 

no U.S. physical address on file with the 

FAA who apply for certain certificates, 

ratings, or authorizations to designate a 

U.S. agent for service. This final rule 

extends the deadline for those 

individuals to designate a U.S. agent for 

service from January 6, 2025, to April 2, 

2025. This final rule does not apply to 

individuals with foreign addresses who 

currently hold certain certificates, 

ratings, or authorizations, as the 

compliance date for those individuals 

continues to be July 7, 2025. 

DATES: 

Effective date: As of January 3, 2025, 

the effective date of amendatory 3 in the 

final rule published on October 8, 2024 

(89 FR 81305), is delayed from January 

6, 2025, to April 2, 2025. This final rule 

is effective January 3, 2025, except for 

amendatory instruction 3 which is 

effective April 2, 2025. 

Compliance date: The compliance 

date for this final rule is April 2, 2025, 

for applicants of any certificate, rating, 

or authorization issued under 14 CFR 

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

FOR FURTHER INFORMATION CONTACT: 

Jessica Kabaz-Gomez, Office of the Chief 

Counsel, AVS Deputy Division Counsel, 

Federal Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591; (202) 267–7395; email 

Jessica.Kabaz-Gomez@faa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary 

On October 8, 2024, the FAA 

published a final rule, U.S. Agents for 


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214 Federal Register / Vol. 90, No. 2 / Friday, January 3, 2025 / Rules and Regulations 

1 89 FR 81305. 

2U.S. Agents for Service on Individuals With 

Foreign Addresses Who Hold or Apply for Certain 

Certificates, Ratings, or Authorizations final rule, 89 

FR 81305 (Oct. 8, 2024). 

3See Advisory Circular 3–1, U.S. Agents for 

Service on Individuals with Foreign Addresses Who 

Hold or Apply for Certain Certificates, Ratings, or 

Authorizations https://www.faa.gov/regulations_

policies/advisory_circulars/index.cfm/go/ 

document.information/documentID/1042728#

:∼:text=This%20AC%20explains%20an%20

acceptable%20means%20to%20designate,

information%2C%20and

%20submit%20a%20new%20

U.S.%20agent%20designation. 

Service on Individuals With Foreign 

Addresses Who Hold or Apply for 

Certain Certificates, Ratings, or 

Authorizations,1 that will require 

individuals with foreign addresses and 

no U.S. physical address on file with the 

FAA who either hold or apply for 

certain certificates, ratings, or 

authorizations to designate a U.S. agent 

for service. This final rule revises 

§ 3.303(d)(2) of title 14 of the Code of 

Federal Regulations (14 CFR) to extend 

the compliance date for 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 from 

January 6, 2025, to April 2, 2025. The 

U.S. agent for service designation will 

be required to be in writing in a form 

and manner prescribed by the 

Administrator, as described in Advisory 

Circular 3–1, through an online system: 

U.S. Agent for Service System (USAS). 

This final rule provides additional time 

to establish and launch USAS to 

facilitate the FAA’s means of accepting 

U.S. agent for service designations. 

II. Authority for the Rulemaking 

The FAA’s authority to issue rules on 

aviation safety, such as the rules 

governing service that are referred to in 

this preamble and substantively 

promulgated in 88 FR 38001, 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. The final 

rule this rulemaking amends was 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. The amended 

regulations herein are within the scope 

of that authority and are consistent with 

49 U.S.C. 46103, which governs the 

FAA’s service and provides that the 

FAA may effectuate service on a 

designated agent. 

III. Good Cause for Immediate 

Adoption 

The Administrative Procedure Act (5 

U.S.C. 553(b)(B)) requires an agency to 

conduct notice and comment 

rulemaking except when the agency for 

good cause finds (and incorporates the 

finding and a brief statement of reasons 

therefor in the rules issued) that notice 

and public procedure thereon are 

impracticable, unnecessary, or contrary 

to the public interest. Additionally, 

section 553(d) permits agencies, upon a 

finding of good cause, to issue rules 

with an effective date less than 30 days 

from the date of publication. The FAA 

finds good cause under 5 U.S.C. 

553(b)(B) to forgo notice and 

opportunity for comment and the 30- 

day notice requirement to implement 

this final rule as unnecessary. 

First, as discussed herein, 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 of 2024. When FAA 

became aware of a development delay, 

it was too late to develop an alternate 

means of compliance in advance of 

January 6, 2025, as further discussed in 

section IV. of this preamble below. 

Absent a means of compliance, FAA 

would be unable to issue certain 

certificates, ratings, and authorizations. 

Accordingly, the FAA finds notice and 

the opportunity to comment 

unnecessary, as public comment would 

not impact USAS online portal 

development and the FAA’s 

preparedness to accept U.S. agent 

designations. 

For similar reasons, the FAA finds 

good cause to forgo the 30 days delay of 

effective date requirement under 5 

U.S.C. 553(d) as unnecessary. If the FAA 

does not effectuate this final rule before 

January 6, 2025, which is less than 30 

days after its publication, applicants 

would be required to meet certain 

regulations without an available means 

of compliance and FAA would have to 

institute a moratorium on the issuance 

of certain certificates, authorizations, 

and ratings. Accordingly, the 

compliance date must be immediately 

extended to avoid this moratorium and 

inconsistency between the FAA’s 

regulations and the practical means of 

compliance. 

IV. Discussion 

On October 8, 2024, the FAA 

published a final rule requiring 

individuals with a foreign address and 

no U.S. physical address of record on 

file with the FAA who apply or hold 

certificates, ratings, or authorizations 

under 14 CFR part 47, 61, 63, 65, 67, or 

107 to designate a U.S. agent for 

service.2 That final rule adopted current 

§ 3.303(a), requiring these individuals to 

designate a U.S. agent for service in a 

form and manner prescribed by the 

Administrator. The FAA concurrently 

published Advisory Circular 3–1 

prescribing the form and manner for 

compliance.3 Advisory Circular 3–1 

provides in Chapter 3, Paragraph 2 that 

individuals designating a U.S. agent for 

service under § 3.303 will utilize a new 

FAA online system, the U.S. Agent for 

Service System (USAS). Currently, 

USAS is the only form and manner of 

compliance prescribed by the 

Administrator to meet the requirement 

in § 3.303(a) to designate a U.S. agent for 

service. The final rule also adopted 

§ 3.303(d), which provided a 

compliance date of January 6, 2025, for 

applicants of certain certificates, ratings, 

or authorizations and a different 

compliance date of July 7, 2025, for 

individuals who already hold certain 

certificates, ratings, or authorizations. 

However, the FAA has determined that 

it will not be ready to accept U.S. agent 

designations in USAS by January 6, 

2025. Despite early and regular USAS 

development engagement, unforeseen 

and recent issues with USAS 

development and integration with 

existing FAA systems have left the 

agency with insufficient time to develop 

an alternate means to comply with 

§ 3.303(d)(2). An alternate means of 

compliance would necessitate 

development of new guidance to the 

public, processing procedures for 

Agency employees, and a separate 

system to temporarily store U.S. agent 

designations the agency receives from 

applicants pending implementation of 

USAS. Additionally, the agency would 

be unable to comply with the Paperwork 

Reduction Act and Privacy Act 

requirements associated with 

developing an alternative means of 

compliance. 

To avoid a moratorium on the 

issuance of certain certificates, 

authorizations, and ratings, and to 

ensure FAA preparedness for the 

collection of U.S. agent designations in 

USAS, it is necessary to extend the 


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Federal Register / Vol. 90, No. 2 / Friday, January 3, 2025 / Rules and Regulations 215 

deadline for applicants to designate a 

U.S. agent for service in compliance 

with § 3.303(a). This final rule revises 

the compliance date in § 3.303(d)(2) 

from January 6, 2025, to April 2, 2025, 

for applicants of certain certificates, 

ratings, or authorizations with foreign 

addresses and no U.S. physical 

addresses to designate a U.S. agent for 

service. The FAA emphasizes that the 

compliance date to designate a U.S. 

agent for service in § 3.303(d)(1) for 

holders of any certificate, rating, or 

authorization with foreign addresses 

and no U.S. physical addresses will 

remain as July 7, 2025. The FAA is 

retaining staggered compliance dates to 

ensure that USAS and the Agency is not 

overwhelmed by submissions. 

V. Regulatory Notices and Analyses 

This final rule is a non-significant 

rule for the purposes of section 3(f) of 

Executive Order (E.O.) 12866, as 

amended by E.O. 13563 and E.O. 14094. 

Any impacts caused by the three-month 

delay will be minimal as this rule will 

not impose any significant costs or have 

impacts beyond those analyzed in the 

October 8, 2024, final rule. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The FAA 

submitted a report for the substantive 

October, 2024, final rule (89 FR 81305) 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States. This rule 

does not constitute a major rule as 

defined in 5 U.S.C. 804(2). 

VI. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

of 1980, (Pub. L. 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, as well as 

governmental jurisdictions with 

populations of less than 50,000. 

Section 604 of the RFA requires an 

agency to prepare a final regulatory 

flexibility analysis when an agency 

issues a final rule under 5 U.S.C. 553 

after being required to publish a general 

notice of proposed rulemaking. RFA 

analysis requirements are limited to 

rulemakings for which the agency ‘‘is 

required by section 553 or any other 

law, to publish a general notice of 

proposed rulemaking for any proposed 

rule.’’ As prior notice and comment 

under 5 U.S.C. 553 are not required for 

this final rule, the analyses in 5 U.S.C. 

603 and 604 are also not required. 

List of Subjects in 14 CFR Part 3 

Aircraft, Aviation safety, U.S. agent 

for service. 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends title 14, Code of Federal 

Regulations as follows: 

PART 3—GENERAL REQUIREMENTS 

■ 1. The authority citation for part 3 

continues to read as follows: 

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

44701, 44704, 46111, and 46103. 

§ 3.303 [Amended] 

■ 2. Amend § 3.303(d)(2) by removing 

the date ‘‘January 6, 2025’’ and adding 

in its place ‘‘April 2, 2025’’. 

■ 3. Effective April 2, 2025, further 

amend § 3.303 by revising paragraphs 

(d) and (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 of this chapter 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 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. 

Issued under authority provided by 49 

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

Washington, DC. 

Michael Gordon Whitaker, 

Administrator. 

[FR Doc. 2024–31555 Filed 12–30–24; 4:15 pm] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 11, 61, 68, and 91 

[Docket No. FAA–2024–2580; Amdt. Nos. 

11–70, 61–158, 68–3, and 91–380] 

RIN 2120–AM06 

Regulatory Updates to BasicMed 

Correction 

In rule document 2024–26935, 

appearing on pages 90572 through 

90578 in the issue of Monday, 

November 18, 2024, make the following 

correction: 

§ 11.201 [Corrected] 

■ On page 90577, in the second column, 

instruction 2, ‘‘D 2. Amend § 11.201 by 

revising the table in paragraph (b) to 

read as follows:’’ should read ‘‘D 2. 

Amend § 11.201 in the table in 

paragraph (b) by adding in numerical 

order an entry for ‘‘Part 68’’ to read as 

follows:’’. 

[FR Doc. C1–2024–26935 Filed 1–2–25; 8:45 am] 

BILLING CODE 0099–10–D 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 142 and 194 

[Docket No. FAA–2023–1275; Amdt. Nos. 

142–11A and 194–1A] 

RIN 2120–AL72 

Integration of Powered-Lift: Pilot 

Certification and Operations; 

Miscellaneous Amendments Related to 

Rotorcraft and Airplanes; Correction 

AGENCY: Federal Aviation 

Administration (FAA), U.S. Department 

of Transportation (DOT). 

ACTION: Final rule; correction. 

SUMMARY: On November 21, 2024, the 

Federal Aviation Administration (FAA) 

published a final rule titled ‘‘Integration 

of Powered-Lift: Pilot Certification and 

Operations; Miscellaneous Amendments 

Related to Rotorcraft and Airplanes’’ 

(RIN 2120–AL72). That final rule 

inadvertently duplicated two tables in 

the regulatory text of the Special Federal 


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