Withdrawal of Proposed Rule on Insurer Reporting Requirements; List of Insurers Required To File Reports

Christopher J. Bonanti
National Highway Traffic Safety Administration
August 22, 2012

[Federal Register Volume 77, Number 163 (Wednesday, August 22, 2012)]
[Proposed Rules]
[Pages 50671-50672]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20613]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 544

[Docket No. NHTSA-2012-0096]
RIN 2127-AL22


Withdrawal of Proposed Rule on Insurer Reporting Requirements; 
List of Insurers Required To File Reports

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

ACTION: Withdrawal of proposed rule.

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SUMMARY: This document withdraws a proposed rule published on May 14, 
2012, that was intended to implement the requirements contained in 
Title 49 U.S.C. 33112 of the Insurer Reporting Requirements. This 
proposed rule required insurers to file reports on their motor vehicle 
theft loss experiences. An insurer included in any of the appendices 
that appeared in the proposed rule would be required to file three 
copies of its report for the 2009 calendar year before October 25, 
2012. If the passenger motor vehicle insurers remain listed, they would 
submit reports by each subsequent October 25. Congress subsequently 
repealed Title 49 U.S.C. 33112 of the Insurer Reporting Requirements.

DATES: The proposed rule is withdrawn as of August 22, 2012.

FOR FURTHER INFORMATION CONTACT: Carlita Ballard, Office of 
International Policy, Fuel Economy and Consumer Programs, NHTSA, 1200 
New Jersey Avenue SE., Washington, DC 20590, or by electronic mail to 
Carlita.Ballard@dot.gov. Ms. Ballard's telephone number is (202) 366-
5222. Her fax number is (202) 493-2990.

SUPPLEMENTARY INFORMATION: Congress enacted the Motor Vehicle Theft Law 
Enforcement Act of 1984 (Pub. L. 98-547). This legislation added a new 
Title VI to the Motor Vehicle Information and Cost Savings Act which 
required the Department of Transportation to promulgate a Theft 
Prevention Standard for selected passenger cars exhibiting high theft 
rates. Pursuant to Title 49 U.S.C., Section 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) 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) 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.
    Section 33112(f)(2) provided that the agency shall exempt small 
insurers of passenger motor vehicles if NHTSA found that such 
exemptions would 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 
stipulated that if an insurance company satisfied this definition of a 
``small insurer,'' but accounted 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.

[[Page 50672]]

    Section 33112 established requirements that motor vehicle insurers 
and rental and leasing companies submit information to NHTSA on their 
actions to prevent or discourage the theft of motor vehicles that are 
stolen for the purpose of removing certain parts; to prevent or 
discourage the sale in interstate commerce of used parts that are 
removed from those vehicles; and to help reduce the cost to consumers 
of comprehensive insurance coverage for motor vehicles. Section 33112 
required insurers and rental and leasing companies to provide motor 
vehicle theft and recovery information in a form consistent with 
requirements set forth in regulations promulgated by the Secretary of 
Transportation.
    Congress repealed Title 49 U.S.C., Section 33112 Insurer reports 
and information, effective October 1, 2012. Accordingly, the proposed 
rule to implement the requirements contained in Section 33112, 
published on May 14, 2012, at 77 FR 28343, entitled Insurer Reporting 
Requirements; List of Insurers Required to File Reports, is hereby 
withdrawn.

    Issued on: August 17, 2012.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2012-20613 Filed 8-21-12; 8:45 am]
BILLING CODE 4910-59-P