Interpretation ID: nht76-3.37

DATE: 04/12/76

FROM: STEPHEN P. WOOD FOR FRANK A. BERNDT -- NHTSA

TO: Beachcomber Industries Ltd.

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your December 31, 1975, letter concerning certification of the travel trailer that you manufacture.

This Department does not certify or otherwise issue advance approvals of motor vehicles or motor vehicle equipment. Certification, under the applicable law and regulations, must be done by the manufacturer. The Canadian and U.S. motor vehicle safety standards are not identical, so you must ensure that your travel trailers do in fact comply with all of the latter that are applicable. A pamphlet summarizing the U.S. Federal motor vehicle safety standards is enclosed, along with a copy of the regulations governing vehicle certification. The safety standards themselves are set forth in their entirety in Part 571 of Title 49 of the Code of Federal Regulations.

Please note that Section 110(e) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. @ 1399(e)) requires every manufacturer who offers a motor vehicle or item of motor vehicle equipment for importation into the United States to designate a permanent resident of the United States as his agent, upon whom service of all processes, orders, notices, decisions, and requirements may be made. Our records indicate that Beachcomber Industries Ltd. has not complied with this requirement.

The procedural regulations (49 CFR 551.45) for designation of agent pursuant to the Act require:

(1) A certification by its maker that the designation is binding on Beachcomber Industries Ltd. under the laws, corporate by-laws, or other requirements governing the making of the designation at the time and place where it is made;

(2) The full legal name, principal place of business and mailing address of Beachcomber Industries Ltd.;

(3) Trade names or other designations of origin of the products of Beachcomber Industries Ltd. that do not bear its legal name;

(4) A provision that the designation remain in effect until withdrawn or replaced by Beachcomber Industries Ltd.;

(5) A declaration of acceptance duly signed by the agent appointed, which may be an individual, a firm, or a U.S. corporation; and

(6) The full legal name and address of the designated agent.

In addition, the designation must be signed by one with authority to appoint the agent; the signer's name and title should be clearly indicated beneath his signature.

Please note further that you are required by 49 CFR Part 566, Manufacturer Identification, to submit certain information to the NHTSA not more than 30 days after your vehicles begin to be imported into the United States. Copies of this regulation and the procedural regulations for designation of agent are also enclosed for your convenience.