Interpretation ID: nht78-2.29

DATE: 08/04/78

FROM: AUTHOR UNAVAILABLE; John Womack; NHTSA

TO: Quinn Cuzzone & Geremia

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of June 29, 1978, concerning the requirements for designating an agent pursuant to section 110(e) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1399(e)).

Title 49 CFR @ 551.45 specifies the procedural requirements for service of process on foreign manufacturers and importers. The purpose of these requirements is to enable the Department of Transportation to effectuate service of process on manufacturers who are outside the jurisdictional limits of the United States. It is not necessary for manufacturers or importers located within the United States to designate an agent for service of process. Therefore, the New York corporation which you represent need not make such designation.

This letter also confirms Ms. DeMeter's statement that Sprinter Moped Incorporated has not designated an agent. They will have to do so prior to the importation of the mopeds. Since the corporation you represent is the importer, it may be desirable for Sprinter to appoint that corporation or one of its officers as the agent.

The National Highway Traffic Safety Administration does not impose any requirements on domestic importers. However, they may want to make sure that the manufacturer complies with the regulations regarding manufacturer identification, certification, and applicable safety standards. I have enclosed two information sheets on the "Application of Federal Motor Vehicle Safety Standards" and "Where to Obtain Motor Vehicle Safety Standards and Regulations."

If you have any further questions, please do not hesitate to write.

Enclosures