DOT 49 CFR PART 551-2010 PROCEDURAL RULES.pdf

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1、148 49 CFR Ch. V (10110 Edition) 545.7 545.7 Reporting requirements for ve-hicles listed in 541.3(b)(2). (a) General reporting requirements. Within 60 days after the end of the pro-duction year ending August 31, 2007, each manufacturer must submit a re-port to the National Highway Traffic Safety Adm

2、inistration concerning small-volume lines that were manufac-tured between September 1, 2006 and August 31, 2007. Each report must (1) Identify the manufacturer; (2) State the full name, title, and ad-dress of the official responsible for pre-paring the report; (3) Identify the production year being

3、reported on; (4) Provide the information specified in paragraph (b) of this section; (5) Be written in the English lan-guage; and (6) Be submitted to: Administrator, National Highway Traffic Safety Ad-ministration, Room, 400 7th Street, SW., Washington, DC 20590. (b) Report content. Within 60 days a

4、fter the end of the production year ending August 31, 2007, each manufac-turer shall provide: (1) The name of each small-volume line the manufac-turer produces; (2) the number of motor vehicles in each small-volume line the manufacturer produced. 70 FR 28851, May 19, 2005, as amended at 72 FR 46176,

5、 Aug. 17, 2007 545.8 Records. Each manufacturer shall maintain records of the Vehicle Identification Number for each vehicle for which in-formation is reported under 545.6(b)(2) and 545.7(b)(2) until Decem-ber 31, 2008. 545.9 Petition to extend period to file report. A manufacturer may petition for

6、ex-tension of time to submit a report under this part. A petition will be granted only if the petitioner shows good cause for the extension and if the extension is consistent with the public interest. The petition must be received not later than 15 days before expiration of the time stated in 545.5(

7、a). The fil-ing of a petition does not automati-cally extend the time for filing a re-port. The petition must be submitted to: Administrator, National Highway Traffic Safety Administration, 400 7th Street, SW., Washington, DC 20590. PART 551PROCEDURAL RULES Subpart AGeneral Sec. 551.1 Scope. Subpart

8、 B Reserved Subpart CSubmittals in Writing 551.31 Form of communications. 551.33 Address of communications. 551.35 Subscription of communications. 551.37 Language of communications. Subpart DService of Process on Foreign Manufacturers and Importers DESIGNATION OF AN AGENT FOR SERVICE OF PROCESS 551.

9、45 What is the purpose of this subpart? 551.46 Who must comply with this subpart and when? 551.47 Who may serve as an agent for a for-eign manufacturer? 551.48 May an official of a foreign manufac-turer serve as its agent? 551.49 May a foreign manufacturer replace its agent? 551.50 May more than one

10、 foreign manufac-turer designate the same person as agent? 551.51 May an agent assign performance of its functions to another individual or en-tity? 551.52 How long will a foreign manufactur-ers designation of agent remain in ef-fect? FORM AND CONTENTS OF DESIGNATION 551.53 What is the required form

11、at for a des-ignation? 551.54 What are the required contents for a designation? 551.55 What information must a Designation by Foreign Manufacturer contain? 551.56 What information must an Accept-ance by Agent contain? 551.57 Who may sign the Designation by Foreign Manufacturer? 551.58 Who may sign t

12、he Acceptance by Agent? 551.59 May the same individual sign both the Designation by Foreign Manufac-turer and Acceptance by Agent? 551.60 When must the Designation by For-eign Manufacturer be signed? 551.61 When must the Acceptance by Agent be signed? 551.62 Where should a foreign manufacturer mail

13、the designation? VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00158 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-149 Natl Highway Traffic Safety Admin., DOT

14、551.45 551.63 May a foreign manufacturer submit a designation by email or facsimile? 551.64 What if designation documents sub-mitted by a foreign manufacturer do not comply with this subpart? 551.65 What if a foreign manufacturer changes its name, address or product names or marks? METHOD OF SERVICE

15、 OF PROCESS 551.66 What is the legal effect of service of process on an agent? 551.67 Where and how may an agent be served? 551.68 What if an agent cannot be served? AUTHORITY: Secs. 110(e), 119, 80 Stat. 719, 728 (15 U.S.C. 1399, 1407); 23 U.S.C. 315, 401404; delegation of authority, 31 FR 13952, 3

16、2 FR 5606. SOURCE: 33 FR 19700, Dec. 25, 1968, unless otherwise noted. Redesignated at 35 FR 5118, Mar. 26, 1970. Subpart AGeneral 551.1 Scope. This part contains rules of procedure generally applicable to the transaction of official business under the National Traffic and Motor Vehicle Safety Act o

17、f 1966, the Motor Vehicle Information and Cost Savings Act, and the Highway Safety Act of 1966. These rules apply in addition to the rules governing specific proceedings. In case of inconsistency with these general rules, the specific rules prevail. 33 FR 19700, Dec. 25, 1968. Redesignated at 35 FR

18、5118, Mar. 26, 1970, and amended at 38 FR 20086, July 27, 1973 Subpart B Reserved Subpart CSubmittals in Writing 551.31 Form of communications. Any communication in writing relat-ing to official business (including for-mal documents) shall be on opaque and durable paper not larger than 9 by 14 inche

19、s in size. Tables, charts, or origi-nals of other documents that are at-tached to communications shall be folded to this size, if possible. The left margin of communications shall be at least 112 inches wide, and if a commu-nication is bound, it shall be bound on the left side. All copies submitted

20、shall be legible. 551.33 Address of communications. Unless otherwise specified, commu-nications shall be addressed to the Ad-ministrator, National Highway Traffic Safety Administration, U.S. Depart-ment of Transportation, 400 Seventh Street SW., Washington, DC 20590. Communications may not be addres

21、sed to a staff members private address. 36 FR 1147, Jan. 23, 1971; 38 FR 20086, July 27, 1973 551.35 Subscription of communica-tions. Each communication shall be signed in ink and shall disclose the full legal name and the address of the person signing it and, if he is an agent, of his principal. 55

22、1.37 Language of communications. Communications and attachments thereto shall be in English. Any matter written in a foreign language will be considered only if accompanied by a translation into English. A translation shall bear a certificate by the trans-lator certifying that he is qualified to mak

23、e the translation; that the trans-lation is complete except as otherwise clearly indicated; and that it is accu-rate to the best of the translators knowledge and belief. The translator shall sign the certificate in ink and state his full legal name, occupation, and address. Subpart DService of Proce

24、ss on Foreign Manufacturers and Importers SOURCE: 70 FR 45567, Aug. 8, 2005, unless otherwise noted. AUTHORITY: 49 U.S.C. 30164. DESIGNATION OF AN AGENT FOR SERVICE OF PROCESS 551.45 What is the purpose of this subpart? The purpose of this subpart is to es-tablish a procedure for foreign manu-factur

25、ers, assemblers and importers of motor vehicles and motor vehicle equipment to designate an agent in the United States on whom service of ad-ministrative or judicial notices or processes may be made. VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00159 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX

26、 220217jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-150 49 CFR Ch. V (10110 Edition) 551.46 551.46 Who must comply with this subpart and when? (a) All foreign manufacturers, assem-blers, and importers of motor veh

27、icles or motor vehicle equipment (herein-after referred to as foreign manufac-turers) must comply with this subpart before offering a motor vehicle or item of motor vehicle equipment for impor-tation into the United States. (b) Unless and until a foreign manu-facturer appoints an agent in accord-anc

28、e with the requirements of this sub-part, it may not import motor vehicles or motor vehicle equipment into the United States. 551.47 Who may serve as an agent for a foreign manufacturer? Only an individual, a domestic firm or a domestic corporation that is a per-manent resident of the United States

29、may serve as an agent under this sub-part. 551.48 May an official of a foreign manufacturer serve as its agent? (a) Generally no; an agent must be a permanent resident of the United States. Typically officials of foreign manufacturers and importers are not United States residents. (b) Occasionally a

30、n official of a for-eign manufacturer also serves as an of-ficial of a domestic firm or corporation or is a permanent resident of the United States. In such cases, the offi-cial may serve as agent and sign the designation documents both on behalf of the foreign manufacturer and as agent. However, th

31、e foreign manufac-turer must submit to NHTSA, along with the designation documents, a let-ter explaining that the individual sign-ing the designation is both an official of the foreign manufacturer with au-thority to appoint an agent and a per-manent resident of the United States or official of a do

32、mestic firm or cor-poration. If NHTSA does not receive an explanatory letter at the same time it receives the designation, the agency will deem the designation insufficient under this subpart and reject the sub-mission. 551.49 May a foreign manufacturer replace its agent? (a) Yes, a foreign manufact

33、urer may replace its agent in the same way it originally designated the agent. It must submit designation documents that meet the form and content re-quirements identified in the following section of this subpart. Until NHTSA receives designation documents meet-ing those requirements or a letter wit

34、hdrawing an existing designation, the individual or domestic corporation originally designated will continue to serve as its agent for service of process. (b) A foreign manufacturer that has withdrawn but not replaced its agent may not continue to import motor ve-hicles or motor vehicle equipment in

35、to the United States. In order to do so, it must appoint a new agent in accord-ance with the requirements of this sub-part. 551.50 May more than one foreign manufacturer designate the same person as agent? Yes, any number of foreign manufac-turers separately may designate the same person as agent. 5

36、51.51 May an agent assign perform-ance of its functions to another in-dividual or entity? No, an agent may not assign perform-ance of its functions. 551.52 How long will a foreign manu-facturers designation of agent re-main in effect? (a) A designation of agent remains in effect until replaced or wi

37、thdrawn by a foreign manufacturer. (b) A foreign manufacturer that has withdrawn but not replaced its agent may not continue to import motor ve-hicles or motor vehicle equipment into the United States. In order to do so, it must appoint a new agent in accord-ance with the requirements of this sub-pa

38、rt. FORM AND CONTENTS OF DESIGNATION 551.53 What is the required format for a designation? (a) All documents submitted under this subpart must be: (1) Original documents; VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00160 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones on DSKHWCL6B1P

39、ROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-151 Natl Highway Traffic Safety Admin., DOT 551.59 (2) Written in English; and (3) Signed in ink. (b) For each signature, the document must indicate in English: (1) The date of signature; an

40、d (2) The name and title of the indi-vidual who signed the document. (c) As long as documents submitted by a foreign manufacturer and its agent contain all required information (identified in 551.54, 551.55 and 551.56 below), there is no mandatory format for the designation (d) NHTSA encourages fore

41、ign manu-facturers to use the suggested designa-tion form set forth in the appendix to this subpart. If completed and executed properly by both a foreign manufac-turer and its agent, this form will com-ply fully with the requirements of 551.53 through 551.65. 551.54 What are the required con-tents f

42、or a designation? The suggested designation form set forth in the Appendix, if completed and signed properly by a foreign manufac-turer and its agent, contains all of the information necessary to create a valid designation under this subpart. Specifi-cally, a valid designation must con-tain: (a) A D

43、esignation by Foreign Manu-facturer; and (b) An Acceptance by Agent. 551.55 What information must a Des-ignation by Foreign Manufacturer contain? A Designation by Foreign Manufac-turer must contain: (a) A statement that the designation is in valid form and binding on the for-eign manufacturer under

44、the laws, cor-porate bylaws or other requirements governing the making of designations at the place and time where it is made; (b) The full legal name, principal place of business and mailing address of the foreign manufacturer; (c) All trade or brand names, marks, logos or other designations of ori

45、gin under which the foreign manufactur-ers products will be sold; and (d) The signature in ink, and the name and title of the official or em-ployee signing the designation on be-half of the foreign manufacturer, who must have authority to appoint an agent. 551.56 What information must an Ac-ceptance

46、 by Agent contain? An Acceptance by Agent must con-tain: (a) The full legal name, mailing ad-dress and telephone number of the agent; (b) A statement that the agent ac-cepts the designation and understands that (s)he may not assign performance of the agents functions under the des-ignation to anothe

47、r person or entity, and that the designation shall remain in effect until it is withdrawn or re-placed by the foreign manufacturer; (c) The signature in ink of the agent, or an official or employee of the do-mestic firm or corporation serving as the agent, who must authority to sign for the firm or

48、corporation; and (d) The name and title of the indi-vidual signing the acceptance. 551.57 Who may sign the Designation by Foreign Manufacturer? Only an official or employee of the foreign manufacturer with authority to appoint an agent may sign the Des-ignation by Foreign Manufacturer. 551.58 Who ma

49、y sign the Acceptance by Agent? Only the agent, in the case of an indi-vidual, or an official or employee, in the case of a domestic firm or corpora-tion serving as the agent with author-ity to sign for that firm of corporation, may sign the Acceptance of Agent. 551.59 May the same individual sign both the Designation by Foreign Manufacturer and Acceptance by Agent? (a) Generally no; the Designation by Ma