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​3. U.S. Agent for Service Defined (§ 3.302)The proposed rule defines a U.S. agent for service as an entity or an adult (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. Accordingly, individuals can hire any entity, including registered agent service companies, with a U.S. address to be their designated U.S. agent for service. Alternatively, they can designate any adult who is 18 or older with a U.S. address, including a relative or associate, to be their U.S. agent for service.


Regardless of who an individual designates as a U.S. agent, the U.S. agent must have a U.S. address for the FAA to serve. If an entity is serving as the U.S. agent, the FAA proposes that the U.S. agent's address must be the entity's office address. If an adult individual is serving as the U.S. agent, the FAA proposes that the U.S. agent address must be the U.S. agent's usual place of residence, or, if applicable, the U.S. agent's military office address in the United States.[5] A post office (PO) box, military post office (APO), or mail drop box would not suffice as a U.S. agent address as these types of addresses create service difficulties.
Under the proposed rule, the FAA would serve the designated U.S. agent in lieu of serving the individual or applicant at their foreign address. The U.S. agent would directly receive the FAA's service of process, and other time-sensitive or safety critical documents. Service of process includes the FAA's service of documents that compel compliance and are subject to administrative or judicial review. Examples include initiating legal enforcement action documents, such as notices of proposed civil penalty or assessment, orders of suspension or revocation, and emergency orders of suspension or revocation. For consistency, and to streamline service on U.S. agents, the agency in its discretion is also proposing to serve other time-sensitive or safety-critical documents on U.S. agents. Examples of such documents 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.
In some instances, the appeal and reply deadlines of these documents can be very short. For example, FAA emergency orders have a two-day deadline, from receipt by the U.S. agent, for the certificate holder to seek review of the FAA's emergency determination, and ten days from the order's date of service for appeal of the order. As discussed in greater detail below, the U.S. agent would be responsible for timely transmitting all documents the FAA served on the U.S. agent to the certificated individual or applicant who designated them.


Ultimately, the individual who holds the certificate, rating, or authorization is responsible for ensuring that service can be effectuated on their designated U.S. agent at the U.S. agent address provided. If the U.S. agent is unavailable for service, the individual who holds the certificate, rating, or authorization is responsible for ensuring that he or she timely receives the mail in question. For example, if a U.S. agent for service is on travel at the time of mailing, the individual who holds the certificate, rating, or authorization may want to have a friend or associate collect the mail and notify the individual of the service. The specific requirements and responsibilities for designated U.S. agents are further detailed below.

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