Interpretation ID: 7813
674 Lake Road
Webster, N.Y. 14580
Dear Mr. Beyer:
This responds to your FAX of September 22, 1992, to Taylor Vinson of this Office with reference to your request to become a Registered Importer ("RI"). We interpret your letter as seeking an opinion on your eligibility to submit an application to become an RI under 49 CFR 592.
Because of your representation of RIs, you are familiar with the record keeping mechanisms and other regulatory requirements of this agency. Your intent is to perform modifications on those Canadian vehicles which require only minor modifications, and you have a 3-car garage, tools including pneumatics, and storage space. You would have in your employ several people qualified to perform the modifications required. You are aware that, in promulgating Part 592, NHTSA specificaly rejected a proposal to allow RIs to designate agents to perform conformance work, thus you would not accept vehicles requiring major modifications, but would refer those to the other RIs.
Section 592.5 sets forth the requirements for registration as an RI. According to paragraph 592.5(a), "any person" may file an application. An application must contain the information specified by the subparagraphs of paragraph (a). We note no restrictions upon who is eligible to apply for RI status. We therefore see no legal impediment to your submitting an application under section 592.5.
The Office of Vehicle Safety Compliance (OVSC) has the authority to grant or deny applications for RI status. Your application must, therefore, contain arguments sufficient to convince OVSC of your ability to perform the limited modifications that you contemplate. We advise you, therefore, to set out with specificity in your application the Federal motor vehicle safety standards for which you have the capability to conform vehicles, and the standards for which you have not. We would like to make clear that, in the event a vehicle requires major modifications, our regulations would not allow you to bring the vehicle into partial conformance before transfering the vehicle to another RI for to complete the conformance process. An RI must certify the conformance work to NHTSA, and paragraph 592.6(e) requires the RI's certification to state that "it is the person legally responsible for bringing the vehicle into conformity." We interpret that as meaning that the certifier itself performed all the conformance work and did not resort to an agent.
Sincerely,
Paul Jackson Rice Chief Counsel
ref:592 d:11/24/92