[Federal Register Volume 66, Number 152 (Tuesday, August 7, 2001)]
[Proposed Rules]
[Pages 41190-41193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19469]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 544

[Docket No.: 2001-001; Notice 01]
RIN 2127-AI07


Insurer Reporting Requirements; List of Insurers Required to File 
Reports

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Notice of proposed rulemaking.

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SUMMARY: This document proposes to amend Appendices A, B, and C of 49 
CFR Part 544, insurer reporting requirements. The appendices list those 
passenger motor vehicle insurers that are required to file reports on 
their motor vehicle theft loss experiences. An insurer included in any 
of these appendices would be required to file three copies of its 
report for the 1998 calendar year before October 25, 2001. If the 
passenger motor vehicle insurers remain listed, they must submit 
reports by each subsequent October 25.

DATES: Comments must be submitted not later than October 9, 2001. 
Insurers listed in the appendices would be required to submit reports 
on or before October 25, 2001.

ADDRESSES: Comments on this proposed rule must refer to the docket 
number referenced in the heading of this notice and submit them to: 
Docket Section, NHTSA, Room 5109, 400 Seventh Street, SW, Washington, 
DC 20590. Docket hours are 9:30 a.m. to 4:00 p.m., Monday through 
Friday.

FOR FURTHER INFORMATION CONTACT: Ms. Henrietta L. Spinner, Office of 
Planning and Consumer Programs, NHTSA, 400 Seventh Street, SW, 
Washington, DC 20590.
    Ms. Spinner's telephone number is (202) 366-4802. Her fax number is 
(202) 493-2290.

SUPPLEMENTARY INFORMATION:   

Background

    Pursuant to 49 U.S.C. 33112, Insurer reports and information, NHTSA 
requires certain passenger motor vehicle insurers to file an annual 
report with the agency. Each insurer's report includes information 
about thefts and recoveries of motor vehicles, the rating rules used by 
the insurer to establish premiums for comprehensive coverage, the 
actions taken by the insurer to reduce such premiums, and the actions 
taken by the insurer to reduce or deter theft. Under the agency's 
regulation, 49 CFR Part 544, the following insurers are subject to the 
reporting requirements: (1) Those issuers of motor vehicle insurance 
policies whose total premiums account for 1 percent or more of the 
total premiums of motor vehicle insurance issued within the United 
States; (2) those issuers of motor vehicle insurance policies whose 
premiums account for 10 percent or more of total premiums written 
within any one state; and (3) rental and leasing companies with a fleet 
of 20 or more vehicles not covered by theft insurance policies issued 
by insurers of motor vehicles, other than any governmental entity.
    Pursuant to its statutory exemption authority, the agency exempted 
certain passenger motor vehicle insurers from the reporting 
requirements.

A. Small Insurers of Passenger Motor Vehicles

    Section 33112(f)(2) provides that the agency shall exempt small 
insurers of passenger motor vehicles if NHTSA finds that such 
exemptions will not significantly affect the validity or usefulness of 
the information in the reports, either nationally or on a state-by-
state basis. The term ``small insurer'' is defined, in Section 
33112(f)(1)(A) and (B), as an insurer whose premiums for motor vehicle 
insurance issued directly or through an affiliate, including pooling 
arrangements established under state law or regulation for the issuance 
of motor vehicle insurance, account for less than 1 percent of the 
total premiums for all forms of motor vehicle insurance issued by 
insurers within the United States. However, that section also 
stipulates that if an insurance company satisfies this definition of a 
``small insurer,'' but accounts for 10 percent or more of the total 
premiums for all motor vehicle insurance issued in a particular state, 
the insurer must report about its operations in that state.
    In the final rule establishing the insurer reports requirement (52 
FR 59; January 2, 1987), 49 CFR Part 544, NHTSA exercised its exemption 
authority by listing in Appendix A each insurer that must report 
because it had at least 1 percent of the motor vehicle insurance 
premiums nationally. Listing the insurers subject to reporting, instead 
of each insurer exempted from reporting because it had less than 1 
percent of the premiums nationally, is administratively simpler since 
the former group is much smaller than the latter. In Appendix B, NHTSA 
lists those insurers required to report for particular states because 
each insurer had a 10 percent or greater market share of motor vehicle 
premiums in those states. In the January 1987 final rule, the agency 
stated that it would update Appendices A and B annually. NHTSA updates 
the appendices based on data voluntarily provided by insurance 
companies to A.M. Best, which A.M. Best publishes in its State/Line 
Report each spring. The agency uses the data to determine the insurers' 
market shares nationally and in each state.

B. Self-Insured Rental and Leasing Companies

    In addition, upon making certain determinations, NHTSA grants 
exemptions to self-insurers, i.e., any person who has a fleet of 20 or 
more motor vehicles (other than any governmental entity) used for 
rental or lease whose vehicles are not covered by theft insurance 
policies issued by insurers of passenger motor vehicles, 49 U.S.C. 
33112(b)(1) and (f). NHTSA may exempt a self-insurer from reporting, if 
the agency determines:
    (1) The cost of preparing and furnishing such reports is excessive 
in relation to the size of the business of the insurer; and
    (2) The insurer's report will not significantly contribute to 
carrying out the purposes of Chapter 331.
    In a final rule published June 22, 1990 (55 FR 25606), the agency 
granted a class exemption to all companies that rent or lease fewer 
than 50,000 vehicles, because it believed that the largest companies' 
reports sufficiently represent the theft experience of rental and 
leasing companies. NHTSA concluded that smaller rental and leasing 
companies' reports do not significantly contribute to carrying out 
NHTSA's statutory obligations and that exempting such companies will 
relieve an unnecessary burden on them. As a result of the June 1990 
final rule, the agency added Appendix C, consisting of an annually 
updated list of the self-insurers subject to Part 544. Following the 
same approach as in Appendix A, NHTSA included, in Appendix C, each of 
the self-insurers subject to reporting instead of the self-insurers 
which are exempted. NHTSA updates Appendix C based primarily on 
information from Automotive Fleet Magazine and Business Travel News.

[[Page 41191]]

C. When a Listed Insurer Must File a Report

    Under Part 544, as long as an insurer is listed, it must file 
reports on or before October 25 of each year. Thus, any insurer listed 
in the appendices must file a report by October 25, and by each 
succeeding October 25, absent an amendment removing the insurer's name 
from the appendices.

Proposal

1. Insurers of Passenger Motor Vehicles

    Appendix A lists insurers that must report because each had 1 
percent of the motor vehicle insurance premiums on a national basis. 
The list was last amended in a final rule published on August 14, 2000 
(65 FR 49505). Based on the 1998 calendar year data market shares from 
A.M. Best, we propose to remove Prudential of America Group and Zurich 
Insurance Group-U.S. from Appendix A and to add CGU Group, SAFECO 
Insurance Companies, and St. Paul Companies to Appendix A.
    Each of the 19 insurers listed in Appendix A is required to file a 
report before October 25, 2001, setting forth the information required 
by Part 544 for each State in which it did business in the 1998 
calendar year. As long as these 19 insurers remain listed, they will be 
required to submit reports by each subsequent October 25 for the 
calendar year ending slightly less than 3 years before.
    Appendix B lists insurers required to report for particular States 
for calendar year 1998, because each insurer had a 10 percent or 
greater market share of motor vehicle premiums in those States. Based 
on the 1998 calendar year data for market shares from A.M. Best, we 
propose to remove Allmerica P & C Companies, Commercial Union Insurance 
Companies, and Nodak Mutual Insurance Company from Appendix B and to 
add New Jersey Manufacturers Group to Appendix B.
    The nine insurers listed in Appendix B are required to report on 
their calendar year 1998 activities in every State where they had a 10 
percent or greater market share. These reports must be filed by October 
25, 2001, and set forth the information required by Part 544. As long 
as these nine insurers remain listed, they would be required to submit 
reports on or before each subsequent October 25 for the calendar year 
ending slightly less than 3 years before.

2. Rental and Leasing Companies

    Appendix C lists rental and leasing companies required to file 
reports. Based on information in Automotive Fleet Magazine and Business 
Travel News for 1998, NHTSA proposes to remove Ford Rent-A-Car-System, 
Ryder System, Inc., and USL Capital Fleet Services from Appendix C and 
to add Consolidated Service Corporation to Appendix C. Each of the 17 
companies (including franchisees and licensees) listed in Appendix C 
would be required to file reports for calendar year 1998 no later than 
October 25, 2001, and set forth the information required by Part 544. 
As long as those 17 companies remain listed, they would be required to 
submit reports before each subsequent October 25 for the calendar year 
ending slightly less than 3 years before.

Regulatory Impacts

1. Costs and Other Impacts

    This notice has not been reviewed under Executive Order 12866. 
NHTSA has considered the impact of this proposed rule and determined 
that the action is not ``significant'' within the meaning of the 
Department of Transportation's regulatory policies and procedures. This 
proposed rule implements the agency's policy of ensuring that all 
insurance companies that are statutorily eligible for exemption from 
the insurer reporting requirements are in fact exempted from those 
requirements. Only those companies that are not statutorily eligible 
for an exemption are required to file reports.
    NHTSA does not believe that this proposed rule, reflecting current 
data, affects the impacts described in the final regulatory evaluation 
prepared for the final rule establishing Part 544 (52 FR 59; January 2, 
1987). Accordingly, a separate regulatory evaluation has not been 
prepared for this rulemaking action. Using the Bureau of Labor 
Statistics Consumer Price Index for 2000, the cost estimates in the 
1987 final regulatory evaluation were adjusted for inflation. The 
agency estimates that the cost of compliance is $86,100 for any insurer 
added to Appendix A, $34,440 for any insurer added to Appendix B, and 
$9,936 for any insurer added to Appendix C. If this proposed rule is 
made final, for Appendix A, the agency would remove two companies and 
add three companies; for Appendix B, the agency would remove three 
companies and add one company; and for Appendix C, the agency would 
remove two companies and add one company. The agency estimates that the 
net effect of this proposal, if made final, would be $7,284 to insurers 
as a group.
    Interested persons may wish to examine the 1987 final regulatory 
evaluation. Copies of that evaluation were placed in Docket No. T86-01; 
Notice 2. Any interested person may obtain a copy of this evaluation by 
writing to NHTSA, Docket Section, Room 5109, 400 Seventh Street, SW, 
Washington, DC 20590, or by calling (202) 366-4949.

2. Paperwork Reduction Act

    The information collection requirements in this proposed rule were 
submitted and approved by the Office of Management and Budget (OMB) 
pursuant to the requirements of the Paperwork Reduction Act (44 U.S.C. 
3501 et seq.). This collection of information is assigned OMB Control 
Number 2127-0547 (``Insurer Reporting Requirements'') and approved for 
use through August 31, 2003, and the agency will seek to extend the 
approval afterwards.

3. Regulatory Flexibility Act

    The agency also considered the effects of this rulemaking under the 
Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.). I certify that 
this proposed rule will not have a significant economic impact on a 
substantial number of small entities. The rationale for the 
certification is that none of the companies proposed for Appendices A, 
B, or C are construed to be a small entity within the definition of the 
RFA. ``Small insurer'' is defined, in part under 49 U.S.C. 33112, as 
any insurer whose premiums for all forms of motor vehicle insurance 
account for less than 1 percent of the total premiums for all forms of 
motor vehicle insurance issued by insurers within the United States, or 
any insurer whose premiums within any State, account for less than 10 
percent of the total premiums for all forms of motor vehicle insurance 
issued by insurers within the State. This notice would exempt all 
insurers meeting those criteria. Any insurer too large to meet those 
criteria is not a small entity. In addition, in this rulemaking, the 
agency proposes to exempt all ``self insured rental and leasing 
companies'' that have fleets of fewer than 50,000 vehicles. Any self 
insured rental and leasing company too large to meet that criterion is 
not a small entity.

4. Federalism

    This action has been analyzed according to the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that the proposed rule does not have sufficient federalism implications 
to warrant the preparation of a Federalism Assessment.

[[Page 41192]]

5. Environmental Impacts

    In accordance with the National Environmental Policy Act, NHTSA has 
considered the environmental impacts of this proposed rule and 
determined that it would not have a significant impact on the quality 
of the human environment.
    Interested persons are invited to submit comments on the proposal. 
It is requested but not required that two copies of the comments be 
submitted. All comments must not exceed 15 pages in length (49 CFR 
553.21). Necessary attachments may be appended to these submissions 
without regard to the 15-page limit. This limitation is intended to 
encourage commenters to detail their primary arguments in a concise 
fashion.
    If a commenter wishes to submit certain information under a claim 
of confidentiality, two copies of the complete submission, including 
purportedly confidential business information, should be submitted to 
the Chief Counsel, NHTSA, at the street address given above, and one 
copy from which the purportedly confidential information has been 
deleted should be accompanied by cover letter setting forth the 
information specified in the agency's confidential business information 
regulation (49 CFR Part 512).
    All comments received before the close of business on the comment 
closing date indicated will be considered, and will be available for 
examination in the docket at the above address both before and after 
the date. To the extent possible, comments filed after the closing date 
will also be considered. Comments received too late for consideration 
regarding the final rule will be considered as suggestions for further 
rulemaking action. Comments on the proposal are available for 
inspection in the docket. NHTSA will continue to file relevant 
information, as it becomes available in the docket after the closing 
date. It is recommended that interested persons continue to examine the 
docket for new material.
    Those persons wanting receipt of their comments in the rule docket 
should enclose a self-addressed, stamped postcard in the envelope with 
their comments. Upon receiving the comments, the docket supervisor will 
return the postcard by mail.

List of Subjects in 49 CFR Part 544

    Crime insurance, insurance, insurance companies, motor vehicles, 
reporting and recordkeeping requirements.

    In consideration of the foregoing, 49 CFR Part 544 is proposed to 
be amended as follows:

PART 544--[AMENDED]

    1. The authority citation for part 544 would continue to read as 
follows:

    Authority: 49 U.S.C. 33112; delegation of authority at 49 CFR 
1.50.

    2. Paragraph (a) of Sec. 544.5 would be revised to read as follows:


Sec. 544.5  General requirements for reports.

    (a) Each insurer to which this part applies shall submit a report 
annually before October 25, beginning on October 25, 1986. This report 
shall contain the information required by Sec. 544.6 of this part for 
the calendar year 3 years previous to the year in which the report is 
filed (e.g., the report due by October 25, 2001 will contain the 
required information for the 1998 calendar year).
* * * * *
    3. Appendix A to Part 544 would be revised to read as follows:

Appendix A--Insurers of Motor Vehicle Insurance Policies Subject to 
the Reporting Requirements in Each State in Which They Do Business

Allstate Insurance Group
American Family Insurance Group
American Financial Group
American International Group
California State Auto Association
CGU Group 1
CNA Insurance Companies
Erie Insurance Group
Farmers Insurance Group
Berkshire Hathaway/GEICO Corporation Group
Hartford Insurance Group
Liberty Mutual Insurance Companies
Nationwide Group
Progressive Group
SAFECO Insurance Companies 1
St. Paul Companies 1
State Farm Group
Travelers PC Group
USAA Group

    1 Indicates a newly listed company which must file a 
report beginning with the report due October 25, 2001.
    4. Appendix B to Part 544 would be revised to read as follows:

Appendix B--Issuers of Motor Vehicle Insurance Policies Subject to the 
Reporting Requirements Only in Designated States

Alfa Insurance Group (Alabama)
Arbella Mutual Insurance (Massachusetts)
Auto Club of Michigan Group (Michigan)
Commerce Group, Inc. (Massachusetts)
Concord Group Insurance Companies (Vermont)
Kentucky Farm Bureau Group (Kentucky)
New Jersey Manufacturers Group (New Jersey) 1
Southern Farm Bureau Group (Arkansas, Mississippi)
Tennessee Farmers Companies (Tennessee)

    1 Indicates a newly listed company which must file a 
report beginning with the report due October 25, 2001.
    5. Appendix C to Part 544 would be revised to read as follows:

[[Page 41193]]

Appendix C--Motor Vehicle Rental and Leasing Companies (Including 
Licensees and Franchisees) Subject to the Reporting Requirements of 
Part 544

Alamo Rent-A-Car, Inc.
ARI (Automotive Rentals, Inc.)
Associates Leasing Inc.
A T & T Automotive Services, Inc.
Avis, Rent-A-Car, Inc.
Budget Rent-A-Car Corporation
Consolidated Service Corporation 1
Dollar Rent-A-Car Systems, Inc.
Donlen Corporation
Enterprise Rent-A-Car
GE Capital Fleet Services
Hertz Rent-A-Car Division (subsidiary of The Hertz Corporation)
Lease Plan USA, Inc.
National Car Rental System, Inc.
PHH Vehicle Management Services
U-Haul International, Inc. (Subsidiary of AMERCO)
Wheels Inc.

    1 Indicates a newly listed company which must file a 
report beginning with the report due October 25, 2001.

    Issued on: July 30, 2001.
Stephen R. Kratzke,
Associate Administrator for Safety, Performance Standards.
[FR Doc. 01-19469 Filed 8-6-01; 8:45 am]
BILLING CODE 4910-59-P