Interpretation ID: nht76-5.61

DATE: 07/08/76

FROM: AUTHOR UNAVAILABLE; Frank A. Berndt; NHTSA

TO: Messrs. Vorys; Sater; Seymour and Pease

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of June 15, 1976, concerning 49 CFR Part 574, Tire Identification and Record-keeping.

As we understand the situation, Geo. Byers Sons, Inc., ("Byers") has imported 988 motorcycles whose tires were manufactured by VEB REIFENKONBINAT ("VEB"), a corporation in the German Democratic Republic. VEB has to date failed to apply for a manufacturer's designation and to mark the tires supplied with the motorcycles in accordance with Part 574. Consequently, Byers wishes to apply for an identification mark on behalf of the manufacturer and itself carry out Part 574 marking requirements.

The National Traffic and Motor Vehicle Safety Act of 1966 defines a manufacturer to include a person importing motor vehicles for resale. As a statutory manufacturer, the importer of record could become responsible for insuring compliance with Part 574. We understand that the importer of record is East-Europe Export, Inc., but that there is a serious question of East-Europe's continuation as a corporation and, consequently, the ability of the NHTSA to require East-Europe to satisfy the requirements of Part 574. Therefore, although not expressly permitted by the regulation, we would not object in this instance to Byers, as the distributor of the motorcycles, applying in its own name for a manufacturer's tire identification mark (so long as it is willing to accept the responsibility for carrying out the requirements of Part 574). Because of the recordkeeping requirements of Part 574, we would not permit Byers to apply for an identification mark, on behalf of VEB itself, without showing that VEB intended to fulfill the requirements of Part 574.

In any event, VEB must submit a designation of an agent for service of process as required by Section 110(e) of the Act and 49 CFR 551.45.