Interpretation ID: aiam4350
Personal Lines Coordination Manager
Sentry Insurance
1800 North Point Drive
Stevens Point
WI 54481;
Dear Mr. McCormick: This responds to your letters to our Administrator, concerning whethe your company should be subject to 49 CFR Part 544, *Insurer Reporting Requirements*, for the reports due not later than October 25, 1987. I am pleased to have this opportunity to explain our rulemaking procedures to you.; As you know, we publish annual amendments to the listing of insuranc companies subject to the reporting requirements of Part 544. These amendments are made in accordance with the informal rulemaking provisions of the Administrative Procedure Act, 5 U.S.C. 553. Those provisions require the agency to publish a proposed listing of insurers subject to the reporting requirements, and give the public an opportunity to comment on the proposal. After all comments are received, the agency evaluates the comments and publishes a final listing.; On May 28, 1987, we published a proposed listing of insurers that woul be subject to the reporting requirements for the October, 1987 reports, 52 FR 19898 (copy enclosed). As you will see, this proposed listing identifies your company as one that would be subject to the reporting requirements. The comment period for this proposal closes on July 13, 1987. The agency will consider all comments received as of that date in preparing the final listing of insurance companies required to file a report in October, 1987.; Pursuant to normal informal rulemaking procedures, your first letter o this subject was treated as a comment on the proposed listing and put in the public docket for this rulemaking action, along with any other comments we receive on the proposed listing. In your most recent letter, you stated that, in a telephone conversation with agency staff, you 'did not receive an adequate explanation' of why your company would be subject to these reporting requirements. Therefore, you stated that your company does not plan to file an October, 1987 report. Agency staff *cannot* offer any opinions about what the final agency decision on this matter will be before the decision has been made. No final decision can be made until all comments have been considered and the statutory provisions and past agency positions reexamined. This procedure will begin after July 13, 1987, when the comment period closes.; You should be aware of the fact that if your company is included in th final listing of subject insurance companies and you do not file the required report, this agency has authority to seek both a civil penalty and injunctive relief against your company, pursuant to 15 U.S.C. 2028.; Sincerely, Erika Z. Jones, Chief Counsel