[Code of Federal Regulations]

[Title 49, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR105.40]



[Page 11]

 

                        TITLE 49--TRANSPORTATION

 

   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, 

                      DEPARTMENT OF TRANSPORTATION

 

PART 105_HAZARDOUS MATERIALS PROGRAM DEFINITIONS AND GENERAL PROCEDURES

--Table of Contents

 

                      Subpart B_General Procedures

 

Sec. 105.40  Designated agents for non-residents.



    (a) General requirement. If you are not a resident of the United 

States but are required by this subchapter or subchapter C of this 

chapter to designate a permanent resident of the United States to act as 

your agent and receive documents on your behalf, you must prepare a 

designation and file it with us.

    (b) Agents. An agent:

    (1) May be an individual, a firm, or a domestic corporation.

    (2) May represent any number of principals.

    (3) May not reassign responsibilities under a designation to another 

person.

    (c) Preparing a designation. Your designation must be written and 

dated, and it must contain the following information:

    (1) The section in the HMR that requires you to file a designation.

    (2) A certification that the designation is in the correct legal 

form required to make it valid and binding on you under the laws, 

corporate bylaws, and other requirements that apply to designations at 

the time and place you are making the designation.

    (3) Your full legal name, the principal name of your business, and 

your mailing address.

    (4) A statement that your designation will remain in effect until 

you withdraw or replace it.

    (5) The legal name and mailing address of your agent.

    (6) A declaration of acceptance signed by your agent.

    (d) Address. Send your designation to: Office of Hazardous Materials 

Exemptions and Approvals, Pipeline and Hazardous Materials Safety 

Administration, Attn: PHH-30, U.S. Department of Transportation, 400 7th 

Street, SW., Washington, DC 20590-0001.

    (e) Designations are binding. You are bound by your designation of 

an agent, even if you did not follow all the requirements in this 

section, until we reject your designation.



[67 FR 42951, June 25, 2002, as amended at 70 FR 56088, Sept. 23, 2005]



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