[Code of Federal Regulations]
[Title 49, Volume 2, Parts 100 to 185]
[Revised as of October 1, 2000]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR107.7]

[Page 15-16]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 107.7  Service of process on non-residents of the United States.

    (a) Designation of agent for service. When a person who is not a 
resident of the United States is required by this subchapter or 
subchapter C of this chapter to designate a permanent resident of the 
United States as his agent upon whom service of process may be made for 
him and on his behalf, the agent may be an individual, a firm, or a 
domestic corporation. Any number of principals may designate the same 
person as agent. A designation is binding on a principal even if the 
designation is not in compliance with all the requirements of this 
section, until rejected by the Associate Administrator for Hazardous 
Materials Safety. A designated agent may not assign performance of his 
functions under the designation to another person.
    (b) Form and contents of designation. The designation shall:
    (1) Be in writing and dated;
    (2) Be made in the legal form required to make it valid and binding 
on the principal under the laws, corporate bylaws, or other requirements 
governing the making of the designation by the principal at the place 
and time where it is made and the person or persons signing the 
designation shall certify that it is so made;
    (3) State the full legal name, principal name of business and 
mailing address of the principal;
    (4) Provide that it remains in effect until withdrawn or replaced by 
the principal;

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    (5) State the legal name and mailing address of the agent; and
    (6) Bear a declaration of acceptance duly signed by the designated 
agent.
    (c) Method of service. Service of any process, notice, order, 
decision, or requirement of the Associate Administrator for Hazardous 
Materials Safety may be made by registered or certified mail addressed 
to the agent with return receipt requested or in any other manner 
authorized by law. If service cannot be effected because the agent has 
died (or, if a firm or a corporation ceases to exist) or moved, or 
otherwise does not receive correctly addressed mail, service may be made 
by publication in the Federal Register.

[Amdt. 107-2, 41 FR 7509, Feb. 19, 1976, as amended by Amdt. 107-24, 56 
FR 8621, Feb. 28, 1991]