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, 213-215 [2024-31555]
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Federal Register / Vol. 90, No. 2 / Friday, January 3, 2025 / Rules and Regulations
(b) The civil money penalty for
election sensitive reports that are filed
late or not filed shall be calculated in
213
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:
$1–$4,999.99 1 ...............................................
[$85 + ($15 × Number of days late)] × [1 + (.25 × Number
of previous violations)].
[$171 + ($15 × Number of days late)] × [1 + (.25 × Number of previous violations)].
[$255 + ($15 × Number of days late)] × [1 + (.25 × Number of previous violations)].
[$546 + ($43 × Number of days late)] × [1 + (.25 × Number of previous violations)].
[$817 + ($136 × Number of days late)] × [1 + (.25 × Number of previous violations)].
[$1,087 + ($183 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$1,633 + ($227 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$2,178 + ($271 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$2,722 + ($316 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$4,081 + ($362 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$5,441 + ($362 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$6,803 + ($362 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$8,165 + ($362 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$9,524 + ($362 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$10,885 + ($362 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$12,245 + ($362 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$13,606 + ($362 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
$5,000–$9,999.99 ..........................................
$10,000–24,999.99 ........................................
$25,000–49,999.99 ........................................
$50,000–74,999.99 ........................................
$75,000–99,999.99 ........................................
$100,000–149,999.99 ....................................
$150,000–199,999.99 ....................................
$200,000–249,999.99 ....................................
$250,000–349,999.99 ....................................
$350,000–449,999.99 ....................................
$450,000–549,999.99 ....................................
$550,000–649,999.99 ....................................
$650,000–749,999.99 ....................................
$750,000–849,999.99 ....................................
$850,000–949,999.99 ....................................
$950,000 or over ............................................
1 The
$1,023 × [1 + (.25 × Number of previous violations)].
$1,536 x [1 + (.25 x Number of previous violations)].
$2,388 × [1 + (.25 × Number of previous violations)].
$5,441 × [1 + (.25 × Number of previous violations)].
$7,256 × [1 + (.25 × Number of previous violations)].
$9,072 × [1 + (.25 × Number of previous violations)].
$10,885 × [1 + (.25 × Number of previous violations)].
$13,606 × [1 + (.25 × Number of previous violations)].
$16,327 × [1 + (.25 × Number of previous violations)].
$18,142 × [1 + (.25 × Number of previous violations)].
$19,955 × [1 + (.25 × Number of previous violations)].
$21,769 × [1 + (.25 × Number of previous violations)].
$23,585 × [1 + (.25 × Number of previous violations)].
$25,399 × [1 + (.25 × Number of previous violations)].
$27,212 × [1 + (.25 × Number of previous violations)].
$29,027 × [1 + (.25 × Number of previous violations)].
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.
*
*
*
*
*
DEPARTMENT OF TRANSPORTATION
§ 111.44
RIN 2120–AL85
[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
Federal Aviation Administration
14 CFR Part 3
[Docket No. FAA–2023–1194; Amt. 3–3A]
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
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; delay of effective
date.
AGENCY:
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
SUMMARY:
lotter on DSK11XQN23PROD with RULES1
Or the report was not filed, the civil money penalty is:
$854 × [1 + (.25 × Number of previous violations)].
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16:38 Jan 02, 2025
Jkt 265001
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
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
E:\FR\FM\03JAR1.SGM
03JAR1
214
Federal Register / Vol. 90, No. 2 / Friday, January 3, 2025 / Rules and Regulations
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.
lotter on DSK11XQN23PROD with RULES1
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
1 89
FR 81305.
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16:38 Jan 02, 2025
Jkt 265001
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 30day 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
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
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
2 U.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).
3 See 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.
E:\FR\FM\03JAR1.SGM
03JAR1
Federal Register / Vol. 90, No. 2 / Friday, January 3, 2025 / Rules and Regulations
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.
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.
V. Regulatory Notices and Analyses
Aircraft, Aviation safety, U.S. agent
for service.
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).
lotter on DSK11XQN23PROD with RULES1
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
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List of Subjects in 14 CFR Part 3
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]
215
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:’’.
■
2. Amend § 3.303(d)(2) by removing
the date ‘‘January 6, 2025’’ and adding
in its place ‘‘April 2, 2025’’.
[FR Doc. C1–2024–26935 Filed 1–2–25; 8:45 am]
3. Effective April 2, 2025, further
amend § 3.303 by revising paragraphs
(d) and (e) to read as follows:
DEPARTMENT OF TRANSPORTATION
■
■
BILLING CODE 0099–10–D
Federal Aviation Administration
§ 3.303 Designation of a U.S. agent for
service.
14 CFR Parts 142 and 194
*
[Docket No. FAA–2023–1275; Amdt. Nos.
142–11A and 194–1A]
*
*
*
*
(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.
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RIN 2120–AL72
Integration of Powered-Lift: Pilot
Certification and Operations;
Miscellaneous Amendments Related to
Rotorcraft and Airplanes; Correction
Federal Aviation
Administration (FAA), U.S. Department
of Transportation (DOT).
ACTION: Final rule; correction.
AGENCY:
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
SUMMARY:
E:\FR\FM\03JAR1.SGM
03JAR1
]]>Agencies
[Federal Register Volume 90, Number 2 (Friday, January 3, 2025)]
[Rules and Regulations]
[Pages 213-215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31555]
=======================================================================
-----------------------------------------------------------------------
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 [email protected].
SUPPLEMENTARY INFORMATION:
I. Executive Summary
On October 8, 2024, the FAA published a final rule, U.S. Agents for
[[Page 214]]
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 Sec. 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.
---------------------------------------------------------------------------
\1\ 89 FR 81305.
---------------------------------------------------------------------------
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
Sec. 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 Sec. 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 Sec. 3.303(a) to designate a U.S. agent for service. The final rule
also adopted Sec. 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 Sec. 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.
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\2\ U.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).
\3\ See 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%20acceptable%20means%20to%2
0designate,information%2C%20and%20submit%20a%20new%20U.S.%20agent%20d
esignation.
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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
[[Page 215]]
deadline for applicants to designate a U.S. agent for service in
compliance with Sec. 3.303(a). This final rule revises the compliance
date in Sec. 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 Sec. 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
0
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.
Sec. 3.303 [Amended]
0
2. Amend Sec. 3.303(d)(2) by removing the date ``January 6, 2025'' and
adding in its place ``April 2, 2025''.
0
3. Effective April 2, 2025, further amend Sec. 3.303 by revising
paragraphs (d) and (e) to read as follows:
Sec. 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
