Interpretation ID: nht93-1.48

DATE: 02/23/93

FROM: JOHN WOMACK -- ACTING CHIEF COUNSEL, NHTSA

TO: RICHARD LANGLAIS -- PRELCO INC.

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 12-7-92 FROM RICHARD LANGLAIS TO MARVIN SHAW (OCC 8067); ALSO ATTACHED TO LETTER DATED 11-26-91 FROM KATHLEEN DEMETER TO RICHARD LANGLAIS

TEXT: This responds to your December 7, 1992, inquiry requesting information about the agency's requirements set forth in 49 CFR @ 551.45, Service of Process; Agents. In a November 26, 1991, letter to you, Ms. Kathleen DeMeter, NHTSA's Assistant Chief Counsel for General Law, sent you a letter explaining your responsibilities pursuant to @ 551.45. You now have some additional questions related to Ms. DeMeter's letter. I am pleased to have this opportunity to respond to your additional questions.

As our earlier letter explained, @ 551.45 sets forth this agency's requirements as they relate to the service of process on non-American manufacturers and importers. One such requirement provides that you must send a declaration of acceptance duly signed by the agent appointed and that agent must be a permanent resident of the United States. The agent may be an individual, a firm, or a U.S. corporation. You asked who could be appointed as your agent and whether we would recommend some agents or firms which specialize in this kind of service.

With respect to your first question, any individual, firm, or United States corporation may be an agent provided that it is a permanent resident of this country. With respect to your second question, this agency does not recommend or endorse entities which may serve as an agent. Nevertheless, the National Glass Association, a trade association whose members include automotive glass manufacturers, may be able to assist you. It is located at 8200 Greensboro Drive, Suite 302, McLean Va 22102, and its telephone number is (703) 442-4890. I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.