Instructions for Designating a U.S. Agent of Service as Required by 49 CFR § 105.40

For any EX approval issued to a non-US resident company, the applicant must designate a U.S. Agent of Service, in accordance with 49 C.F.R. §§ 105.40 and 107.701(a) (5). Information pertaining to the U. S. Designated Agent is required to be on file with the U.S. Department of Transportation and submitted with each application. The designated agent must be a permanent resident of the United States and receive documents on behalf of the foreign company.

Designated Agent(s):

• May be an individual, firm, or a domestic corporation,
• May represent any number of principals,
• May not reassign responsibilities under a designation to another person.
• Each principal may have only one designated agent at a time.

In preparing a designation it must include the following information:

• The designation must be written, signed and dated,
• Identify the Hazardous Materials Regulations section that requires you to file a designation (49 C.F.R. § 105.40),
• A description of the activity the designation will provide,
• Certify that the designation is in the correct legal form required to make it legal 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,
• Provide the applicant's full legal name, the principal name of the business, mailing address, e-mail address, telephone number and fax number,
• A statement that your designation will remain in effect until you withdraw or replace it,
• Provide the designated agent's full legal name, the name of the business, mailing address, e-mail address, telephone number and fax number,
• A declaration of acceptance signed by both the foreign company and the designated agent, and
• Any additional information if required.

Refer to the sample letter provided linked on the right.

Refer to 49 C.F.R. §§ 105.40 and 107.705 for any additional requirements for designated agents.

Please attach the U.S. Designated Agent documentation to your application submitted to the PHMSA Explosives Portal.

Or email your submission to Explo@dot.gov.