Federal Register / Vol. 63, No. 85 / Monday, May 4, 1998 / Proposed Rules 24519

released April 24, 1998. The full text of

this Commission decision is available

for inspection and copying during

normal business hours in the FCC’s

Reference Center (Room 239), 1919 M

Street, NW., Washington, DC. The

complete text of this decision may also

be purchased from the Commission’s

copy contractor, International

Transcription Service, Inc., 1231 20th

Street, NW., Washington, DC 20036,

(202) 857–3800.

Provisions of the Regulatory

Flexibility Act of l980 do not apply to

this proceeding.

Members of the public should note

that from the time a Notice of Proposed

Rule Making is issued until the matter

is no longer subject to Commission

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this

one, which involve channel allotments.

See 47 CFR 1.1204(b) for rules

governing permissible ex parte contacts.

For information regarding proper

filing procedures for comments, See 47

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division,Mass Media Bureau.

[FR Doc. 98–11734 Filed 5–1–98; 8:45 am]

BILLING CODE 6712–01–F

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Part 544

[Docket No. 98–001; Notice 01]

RIN 2127–AH05

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.

SUMMARY: NHTSA proposes to update

its lists in appendices A, B, and C of

part 544 of passenger motor vehicle

insurers that are required to file reports

on their motor vehicle theft loss

experiences. If these revised appendices

are adopted in a final rule, each insurer

included in any of these appendices

must file a report for the 1995 calendar

year not later than October 25, 1998.

Further, as long as they remain listed,

they must submit reports by each

subsequent October 25.

DATES: Comments on this proposed rule

must be received by this agency not

later than July 6, 1998. If this rule is

made final, insurers listed in the

appendices would be required to submit

reports beginning with the one due

October 25, 1998.

ADDRESSES: Comments on this proposed

rule must refer to the docket number

referenced in the heading of this notice,

and be submitted to: Docket Section,

NHTSA, Room 5109, 400 Seventh

Street, SW, Washington, DC 20590.

Docket hours are 9:30 a.m. to 4 p.m.,

Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Ms.

Rosalind Proctor, Office of Planning and

Consumer Programs, NHTSA, 400

Seventh Street, SW, Washington, DC

20590. Ms. Proctor’s telephone number

is (202) 366–0846. Her fax number is

(202) 493–2739.

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. 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 implementing 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 has exempted

smaller 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 Stateby-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.

As described in the final rule

establishing the requirement for insurer

reports (52 FR 59, January 2, 1987), in

49 CFR part 544, NHTSA exercises its

exemption authority by listing in

appendix A each insurer which 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 that are

required to report for particular states

because each insurer had a 10 percent

or a greater market share of motor

vehicle premiums in those States. In the

January 1987 final rule, the agency

stated that appendices A and B will be

updated annually. It has been NHTSA’s

practice to update the appendices based

on data voluntarily provided by

insurance companies to A.M. Best, and

made available for the agency 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 is authorized to

grant exemptions to self-insurers, i.e.,

any person who has a fleet of 20 or more

motor vehicles (other than any

governmental entity) which are used

primarily for rental or lease and which

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 selfinsurer from reporting, if the agency

determines:
24520 Federal Register / Vol. 63, No. 85 / Monday, May 4, 1998 / Proposed Rules

(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 reports from

only the largest companies would

sufficiently represent the theft

experience of rental and leasing

companies. NHTSA concluded those

reports by the many smaller rental and

leasing companies do not significantly

contribute to carrying out NHTSA’s

statutory obligations, and that

exempting such companies will relieve

an unnecessary burden on most

companies that potentially must report.

As a result of the June 1990 final rule,

the agency added a new appendix C,

which consists of an annually updated

list of the self-insurers that are subject

to part 544. Following the same

approach as in the case of appendix A,

NHTSA has included, in appendix C,

each of the relatively few self-insurers

which are subject to reporting instead of

relatively numerous self-insurers which

are exempted. NHTSA updates

appendix C based primarily on

information from the publications

Automotive Fleet Magazine and

Business Travel News.

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

each October 25. Thus, any insurer

listed in the appendices as of the date

of the most recent final rule must file a

report by the following October 25, and

by each succeeding October 25, absent

a further amendment removing the

insurer’s name from the appendices.

Notice of Proposed Rulemaking

1. Insurers of Passenger Motor Vehicles

Based on the 1995 calendar year A.M.

Best data for market shares, NHTSA

proposes to amend the list in appendix

A of insurers which must report because

each had at least 1 percent of the motor

vehicle insurance premiums on a

national basis. The list was last

amended in a notice published on June

23, 1997 (See 62 FR 33754). One

company, Metropolitan Group, included

in the June 1997 listing, is proposed to

be removed from appendix A. Three

companies, American Financial Group,

Erie Insurance Company, and Zurich

Insurance Group-U.S., are proposed to

be added.

Each of the 20 insurers listed in

appendix A of this notice would be

required to file a report not later than

October 25, 1998, setting forth the

information required by part 544 for

each State in which it did business in

the 1995 calendar year. As long as those

20 insurers remain listed, they would be

required to submit reports by each

subsequent October 25 for the calendar

year ending slightly less than 3 years

before.

Appendix B lists those insurers that

would be required to report for

particular States for calendar year 1995,

because each insurer had a 10 percent

or a greater market share of motor

vehicle premiums in those States. Based

on the 1995 calendar year A.M. Best

data for market shares, it is proposed

that Integon Corporate Group, reporting

on its activities in the State of North

Carolina be removed from appendix B.

Two companies, Allmerica P & C

Companies and Island Insurance, that

were not listed in appendix B, are

proposed to be added.

The 12 insurers listed in appendix B

of this notice would be required to

report on their calendar year 1995

activities in every State in which they

had a 10 percent or a greater market

share. These reports must be filed no

later than October 25, 1998, and set

forth the information required by part

544. As long as those 12 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

Based on information in Automotive

Fleet Magazine and Business Travel

News for 1995, the most recent year for

which data are available, NHTSA

proposes several changes in appendix C.

As indicated above, that appendix lists

rental and leasing companies required

to file reports. Based on the data

reported in the above mentioned

publications, it is proposed that five

rental and leasing companies,

Associates Leasing Inc., Enterprise-RentA-Car, GE Capital Fleet Services, PHH

Vehicle Management Services, and

Wheels, Inc., be included in appendix

C. Accordingly, each of the 20

companies (including franchisees and

licensees) listed in this notice in

appendix C would be required to file

reports for calendar year 1995 no later

than October 25, 1998, and set forth the

information required by part 544. As

long as those 20 companies 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.

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 has determined the

action not to be ‘‘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 more 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. The cost

estimates in the 1987 final regulatory

evaluation were adjusted for inflation,

using the Bureau of Labor Statistics

Consumer Price Index for 1997. The

agency estimates that the cost of

compliance will be about $70,500 for

any insurer that is added to appendix A,

about $28,200 for any insurer added to

appendix B, and about $10,956 for any

insurer added to appendix C. If this

proposed rule is made final, for

appendix A, the agency would add three

insurers and remove one insurer; for

appendix B, the agency would remove

one and add two insurers; and for

appendix C, the agency would add five

additional companies.

The agency therefore estimates that

the net effect of this proposal, if made

final, would be a cost increase to

insurers, as a group of approximately

$223,980.

Interested persons may wish to

examine the 1987 final regulatory

evaluation. Copies of that evaluation

have been 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 have

been submitted to and approved by the
Federal Register / Vol. 63, No. 85 / Monday, May 4, 1998 / Proposed Rules 24521

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 was assigned OMB Control

Number 2127–0547 (‘‘Insurer Reporting

Requirements’’) and was approved for

use through July 31, 2000.

3. Regulatory Flexibility Act

The agency has 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 would 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 to be

included on appendices A, B, or C

would be 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 in

accordance with 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.

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 above for the

proposal 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 in

regard to the final rule will be

considered as suggestions for further

rulemaking action. Comments on the

proposal will be available for inspection

in the docket. NHTSA will continue to

file relevant information as it becomes

available in the docket after the closing

date, and it is recommended that

interested persons continue to examine

the docket for new material.

Those persons desiring to be notified

upon receipt of their comments in the

rules docket should enclose a selfaddressed, 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 § 544.5 would be

revised to read as follows:

§ 544.5 General requirements for reports.

(a) Each insurer to which this part

applies shall submit a report annually

not later than October 25, beginning on

October 25, 1986. This report shall

contain the information required by

§ 544.6 of this part for the calendar year

three years previous to the year in

which the report is filed (e.g., the report

due by October 25, 1998 shall contain

the required information for the 1995

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

Aetna Life & Casualty Group

Allstate Insurance Group

American Family Group

American Financial Group 1

American International Group

California State Auto Association

CNA Insurance Group

Erie Insurance Group 1

Farmers Insurance Group

GEICO Corporation Group

ITT Hartford Insurance Group

Liberty Mutual Group

Nationwide Group

Progressive Group

Prudential of America Group

Safeco Insurance Companies

State Farm Group

Travelers Insurance Group

USAA Group

Zurich Insurance Group-U.S. 1

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)

Allmerica P & C Companies (Michigan) 1

Arbella Mutual Insurance (Massachusetts)

Auto Club of Michigan Group (Michigan)

Commerce Group, Inc. (Massachusetts)

Commercial Union Insurance Companies

(Maine)

Concord Group Insurance Companies

(Vermont)

Island Insurance Group (Hawaii) 1

Kentucky Farm Bureau Group (Kentucky)

Nodak Mutual Insurance Company (North

Dakota)

Southern Farm Bureau Group (Arkansas,

Mississippi)

Tennessee Farmers Companies (Tennessee)

5. Appendix C to part 544 would be

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

Alamo Rent-A-Car, Inc.

ARI (Automotive Rentals, Inc.)

Associates Leasing Inc.1

A T & T Automotive Services, Inc.

Avis, Inc.

Budget Rent-A-Car Corporation
24522 Federal Register / Vol. 63, No. 85 / Monday, May 4, 1998 / Proposed Rules

1 Indicates a newly listed company which must

file a report beginning with the report due on

October 25, 1998.

Citicorp Bankers Leasing Corporation

Dollar Rent-A-Car Systems, Inc.

Donlen Corporation

Enterprise Rent-A-Car 1

GE Capital Fleet Services 1

Hertz Rent-A-Car Division (subsidiary of

Hertz Corporation)

Lease Plan USA, Inc.

National Car Rental System, Inc.

Penske Truck Leasing Company

PHH Vehicle Management Services 1

Ryder System, Inc. (Both rental and leasing

operations)

U-Haul International, Inc. (Subsidiary of

AMERCO)

USL Capital Fleet Services

Wheels Inc.1

Issued on: April 29, 1998.

L. Robert Shelton,

Associate Administrator for Safety

Performance Standards.

[FR Doc. 98–11781 Filed 5–1–98; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 600

[I.D. 042798D]

Magnuson-Stevens Act Provisions;

Essential Fish Habitat

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed recommendations for

essential fish habitat; notice of public

hearings and request for public

comments.

SUMMARY: NMFS requests public

comments on proposed

recommendations for essential fish

habitat (EFH) to the Western Pacific

Fishery Management Council (Council)

for its fishery management plans (FMP)

for bottomfish, crustaceans, pelagics and

precious corals. NMFS also announces a

public hearing on the proposed

recommendations.

DATES: Comments must be received by

June 22, 1998. The public hearing will

be held at 7:00pm, May 20, 1998, in

Honolulu, HI.

ADDRESSES: The meeting will be held at

Tokai University, Pacific Center, 2241

Kapiolani Blvd., Honolulu, HI. Send

comments or requests for a copy of the

proposed EFH recommendations for any

or all of the FMPs to: NMFS, Southwest

Region, 2570 Dole Street, Room 106,

Honolulu, HI 96822–2396.

FOR FURTHER INFORMATION CONTACT: John

Naughton, NMFS, Southwest Region,

Pacific Islands Area Office, (808) 973–

2940.

SUPPLEMENTARY INFORMATION: The

Sustainable Fisheries Act of 1996

amended the Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act) to establish

new requirements for EFH descriptions

in FMPs and require consultation

between NMFS and Federal agencies on

activities that may adversely impact

EFH for species managed under FMPs.

The Magnuson-Stevens Act requires all

Councils to amend their FMPs by

October 1998 to describe and identify

EFH for each managed fishery. In

accordance with the Magnuson-Stevens

Act, NMFS published an interim final

rule in the Federal Register on

December 19, 1997 (62 FR 66531),

providing guidelines to assist the

Councils in description and

identification of EFH in FMPs

(including adverse impacts on EFH) and

consideration of actions to ensure

conservation and enhancement of EFH.

The Magnuson-Stevens Act also

requires NMFS to provide each Council

with recommendations and information

regarding EFH for each fishery under

that Council’s authority.

NMFS has developed proposed EFH

recommendations for the identification

of EFH for each of the Western Pacific

Council’s FMPs through a process that

has involved input from the Council, its

advisory bodies, and the fishing

industry at the Council’s public

meetings in November 1997, and April

1998. .

The proposed EFH recommendations

for each FMP include a description of

EFH for the managed species; a

description of adverse effects to EFH,

including fishing and non-fishing

threats; and a description of measures to

ensure the conservation and

enhancement of EFH. Copies of the

proposed EFH recommendations are

available (see ADDRESSES). Public

comments are requested by June 22,

1998.

Special Accommodations

This meeting will be physically

accessible to people with disabilities.

Requests for sign language

interpretation or other auxiliary aids

should be directed to John Naughton

(see FOR FURTHER INFORMATION CONTACT)

at least 5 working days prior to the

hearing date.

Authority: 16 U.S.C. 1801 et seq.

Dated: April 28, 1998.

James P. Burgess,

Director, Office of Habitat Conservation,

National Marine Fisheries Service.

[FR Doc. 98–11778 Filed 5–1–98; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 622

[I.D. 121197E]

RIN 0648–AJ16

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; Reef Fish

Fishery of the Gulf of Mexico;

Resubmission of Disapproved and

Revised Measure in Amendment 11

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of agency decision.

SUMMARY: NMFS announces the

disapproval of a revised, previously

disapproved measure submitted by the

Gulf of Mexico Fishery Management

Council (Council) and originally

contained in Amendment 11 to the

Fishery Management Plan for the Reef

Fish Resources of the Gulf of Mexico

(FMP). The measure would have

redefined optimum yield (OY) for that

FMP.

ADDRESSES: Requests for copies of the

documents supporting the disapproval

decision should be mailed to the

Southeast Regional Office, NMFS, 9721

Executive Center Drive N., St.

Petersburg, FL 33702.

FOR FURTHER INFORMATION CONTACT:

Robert Sadler, 813-570-5305.

SUPPLEMENTARY INFORMATION: The

Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act) requires each

regional fishery management council to

submit any fishery management plan or

amendment to NMFS for review and

approval, disapproval, or partial

approval. The Magnuson-Stevens Act

also requires that NMFS, upon receiving

an amendment, immediately publish a

document in the Federal Register

stating that the amendment is available

for public review and comment.

On December 31, 1997, NMFS

published a notice of availability (NOA)

of a revised, previously disapproved

measure originally in Amendment 11,

and requested comments (62 FR 68246).

The revised definition would have