Insurer Reporting Requirements; List of Insurers; Required To File Reports |
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Joseph S. Carra
National Highway Traffic Safety Administration
April 12, 2011
[Federal Register: April 12, 2011 (Volume 76, Number 70)]
[Proposed Rules]
[Page 20298-20301]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ap11-26]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 544
[Docket No. NHTSA-2011-0016]
RIN 2127-AK90
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 to NHTSA
regulations on 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 2008 calendar year before October 25,
2011. If the passenger motor vehicle insurers remain listed, they must
submit reports by each subsequent October 25. We are proposing to add
and remove several insurers from relevant appendices.
DATES: Comments must be submitted not later than June 13, 2011.
Insurers listed in the appendices are required to submit reports on or
before October 25, 2011.
ADDRESSES: You may submit comments, identified by DOT Docket No. NHTSA-
2011-0016 by any of the following methods:
Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m.
and 5 p.m. ET, Monday through Friday, except Federal holidays.
Fax: 1-202-493-2251.
Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Public
Participation heading of the Supplementary Information section of this
document. Note that all comments received will be posted without change
to http://www.regulations.gov, including any personal information
provided. Please see the Privacy Act heading below.
Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78) or you may visit http://
DocketInfo.dot.gov.
Docket: For access to the docket to read background documents or
comments received, go to the street address listed above. The internet
access to the docket will be at http://www.regulations.gov. Follow the
online instructions for accessing the dockets.
FOR FURTHER INFORMATION CONTACT: Carlita Ballard, Office of
International Policy, Fuel Economy and Consumer Programs, NHTSA, 1200
New Jersey Avenue, SE., Washington, DC 20590, by electronic mail to
Carlita.Ballard@dot.gov. Ms. Ballard's telephone number is (202) 366-
0846. Her fax number is (202) 493-2990.
SUPPLEMENTARY INFORMATION:
I. 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
[[Page 20299]]
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.
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; 2 January 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.\1\ 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.
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\1\ A.M. Best Company is a well-recognized source of insurance
company ratings and information. 49 U.S.C. 33112(i) authorizes NHTSA
to consult with public and private organizations as necessary.
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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). Under 49 U.S.C. 33112(e)(1) and (2), 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 33112(e)(1)
and (2),
(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 Auto Rental News.\2\
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\2\ Automotive Fleet Magazine and Auto Rental News are
publications that provide information on the size of fleets and
market share of rental and leasing companies.
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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 before October 25, and by each
succeeding October 25, absent an amendment removing the insurer's name
from the appendices.
II. 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 September 3,
2010 (75 FR 54041). Based on the 2008 calendar year data market shares
from A. M. Best, NHTSA proposes to remove California State Auto Group
and Safeco Insurance Group from Appendix A.
Each of the 17 insurers listed in Appendix A are required to file a
report before October 25, 2011, setting forth the information required
by Part 544 for each State in which it did business in the 2008
calendar year. As long as these 17 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 2008, because each insurer had a 10 percent or
greater market share of motor vehicle premiums in those States. Based
on the 2008 calendar year data for market shares from A.M. Best, we
propose to remove Balboa Insurance Group of South Dakota from Appendix
B.
The eight remaining insurers listed in Appendix B are required to
report on their calendar year 2008 activities in every State where they
had a 10 percent or greater market share. These reports must be filed
by October 25, 2011, and set forth the information required by Part
544. As long as these eight 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. NHTSA proposes to make no change to Appendix C.
Each of the remaining five companies (including franchisees and
licensees)
[[Page 20300]]
listed in Appendix C are required to file reports for calendar year
2008 no later than October 25, 2011, and set forth the information
required by Part 544. As long as those five 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.
III. 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; 2 January
1987). Accordingly, a separate regulatory evaluation has not been
prepared for this rulemaking action. The cost estimates in the 1987
final regulatory evaluation should be adjusted for inflation, using the
Bureau of Labor Statistics Consumer Price Index for 2011 (see http://
www.bls.gov/cpi). The agency estimates that the cost of compliance is
$50,000 (1987 dollars) for any insurer added to Appendix A, $20,000
(1987 dollars) for any insurer added to Appendix B, and $5,770 (1987
dollars) for any insurer added to Appendix C. If this proposed rule is
made final, for Appendix A, the agency would propose to remove two
companies; for Appendix B, the agency would propose to remove one
company; and for Appendix C, the agency would propose to make no
change. The agency estimates that the net effect of this proposal, if
made final, would be a cost decrease of approximately $120,000 (1987
dollars) 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, Technical Reference Division, 1201 New Jersey Avenue,
SE., East Building, Ground Floor, Room E12-100, Washington, DC 20590,
or by calling (202) 366-2588.
2. Paperwork Reduction Act
The information collection requirements in this proposed rule were
submitted to 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''). This collection of information is
approved for use through April 30, 2012 and the agency will seek to
extend the approval afterwards. The existing information collection
indicates that the number of respondents for this collection is thirty,
however, the actual number of respondents fluctuates from year to year.
Therefore, because the number of respondents required to report for
this final rule does not exceed the number of respondents indicated in
the existing information collection, the agency does not believe that
an amendment to the existing information collection is necessary.
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.
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.
6. Regulation Identifier Number (RIN)
The Department of Transportation assigns a regulation identifier
number (RIN) to each regulatory action listed in the Unified Agenda of
Federal Regulations. The Regulatory Information Service Center
publishes the Unified Agenda in April and October of each year. You may
use the RIN contained in the heading, at the beginning of this document
to find this action in the Unified Agenda.
7. Plain Language
Executive Order 12866 and the President's memorandum of June 1,
1998, require each agency to write all rules in plain language.
Application of the principles of plain language includes consideration
of the following questions:
Have we organized the material to suit the public's needs?
Are the requirements in the proposal clearly stated?
Does the proposal contain technical language or jargon
that is not clear?
Would a different format (grouping and order of sections,
use of headings, paragraphing) make the rule easier to understand?
Would more (but shorter) sections be better?
Could we improve clarity by adding tables, lists, or
diagrams?
What else could we do to make the proposal easier to
understand?
If you have any responses to these questions, you can forward them
to me several ways:
a. Mail: Carlita Ballard, Office of International Policy, Fuel
Economy and Consumer Programs, NHTSA, 1200 New Jersey Avenue, SE.,
(West Building) Washington, DC 20590;
b. E-mail: Carlita.Ballard@dot.gov; or
c. Fax: (202) 493-2990.
IV. Comments
Submission of Comments
1. How can I influence NHTSA's thinking on this proposed rule?
In developing our rules, NHTSA tries to address the concerns of all
our
[[Page 20301]]
stakeholders. Your comments will help us improve this rule. We invite
you to provide views on our proposal, new data, a discussion of the
effects of this proposal on you, or other relevant information. We
welcome your views on all aspects of this proposed rule. Your comments
will be most effective if you follow the suggestions below:
Explain your views and reasoning clearly.
Provide solid technical and cost data to support your
views.
If you estimate potential costs, explain how you derived
the estimate.
Provide specific examples to illustrate your concerns.
Offer specific alternatives.
Include the name, date, and docket number with your
comments.
2. How do I prepare and submit comments?
Your comments must be written in English. To ensure that your
comments are correctly filed in the Docket, please include the docket
number of this document in your comments.
Your comments must not exceed 15 pages long (49 CFR 553.21). We
established this limit to encourage you to write your primary comments
concisely. You may attach necessary documents to your comments. We have
no limit on the attachments' length.
Please submit two copies of your comments, including the
attachments, to Docket Management at the address given above under
ADDRESSES.
Comments may also be submitted to the docket electronically by
logging onto the Federal eRulemaking Portal Web site at http://
www.regulation.gov. Follow the online instructions for submitting
comments.
3. How can I be sure that my comments were received?
If you wish Docket Management to notify you, upon its receipt of
your comments, enclose a self-addressed, stamped postcard in the
envelope containing your comments. Upon receiving your comments, Docket
Management will mail the postcard.
4. How do I submit confidential business information?
If you wish to submit any information under a confidentiality
claim, you should submit three copies of your complete submission,
including the information you claim as confidential business
information, to the Chief Counsel, Office of Chief Counsel, NHTSA, 1200
New Jersey Avenue, SE., West Building, Washington, DC 20590. In
addition, you should submit two copies, from which you have deleted the
claimed confidential business information, to Docket Management at the
address given above under ADDRESSES. When you send a comment containing
information claimed to be confidential business information, you should
include a cover letter addressing the information specified in our
confidential business information regulation (49 CFR part 512).
5. Will the agency consider late comments?
NHTSA will consider all comments that Docket Management receives
before the close of business on the comment closing date indicated
above under DATES. To the extent possible, we will also consider
comments that Docket Management receives after that date. If Docket
Management receives a comment too late for us to consider, in
developing a final rule (assuming that one is issued), we will consider
that comment as an informal suggestion for future rulemaking action.
6. How can I read the comments submitted by other people?
You may read the comments received by Docket Management at the
address given above under ADDRESSES. The hours of the Docket are
indicated above, in the same location. You may also see the comments on
the Internet. To read the comments on the Internet, log onto the
Federal eRulemaking Portal at http://www.regulation.gov.
V. Conclusion
Based on the foregoing, we are proposing to amend Appendices B and
C of 49 CFR 544, Insurer Reporting Requirements. We are also amending
Sec. 544.5 to revise the example given the recent update to the
reporting requirements.
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 continues 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 is 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, 2011, will contain the
required information for the 2008 calendar year).
* * * * *
3. Appendix A to part 544 is 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 International Group
Auto Club Enterprise Insurance Group
Auto-Owners Insurance Group
Berkshire Hathaway/GEICO Corporation Group
Erie Insurance Group
Farmers Insurance Group
Hartford Insurance Group
Liberty Mutual Insurance Companies
Metropolitan Life Auto & Home Group
Mercury General Group
Nationwide Group
Progressive Group
State Farm Group
Travelers Companies
USAA Group
4. Appendix B to part 544 is 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)
Auto Club (Michigan)
Commerce Group, Inc. (Massachusetts)
Kentucky Farm Bureau Group (Kentucky)
New Jersey Manufacturers Group (New Jersey)
Safety Group (Massachusetts)
Southern Farm Bureau Group (Arkansas, Mississippi)
Tennessee Farmers Companies (Tennessee)
5. Appendix C to part 544 is revised to read as follows:
Appendix C--Motor Vehicle Rental and Leasing Companies (Including
Licensees and Franchisees) Subject to the Reporting Requirements of
Part 544
Avis Budget Group (subsidiary of Cendant)
Dollar Thrifty Automotive Group
Enterprise Holding Inc./Enterprise Rent-A-Car Company
Hertz Rent-A-Car Division (subsidiary of The Hertz Corporation)
U-Haul International, Inc. (subsidiary of AMERCO)
Issued on: April 7, 2011.
Joseph S. Carra,
Acting, Associate Administrator for Rulemaking.
[FR Doc. 2011-8729 Filed 4-11-11; 8:45 am]
BILLING CODE 4910-59-P