Page:United States Statutes at Large Volume 98 Part 3.djvu/392

 98 STAT. 2764

Regulations.

Public information.

PUBLIC LAW 98-547—OCT. 25, 1984

"(D) the actions taken by such insurers to reduce such premiums, including changes in rate levels for automobile comprehensive coverages, due to a reduction in thefts of motor vehicles; "(E) the actions taken by such insurers to assist in deterring or reducing thefts of motor vehicles; and "(F) such other information as the Secretary may require to administer this title and to make the report and findings required by this title. The information on thefts and recoveries of such vehicles shall include an explanation about how such information is obtained by the insurer, the accuracy and timeliness of such information, and the use made of such information, including the extent to which such information is reported, including the frequency of such reporting, to national, public, and private entities, such as the Federal Bureau of Investigation and State and local police. "(3) For purposes of this section, the term 'insurer' includes any person which 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. "(4) The Secretary shall exempt from the requirements of this section, for one or more years, any insurer if the Secretary determines that such insurer should be exempted because— "(A) the cost of preparing and furnishing reports and information is excessive in relation to the size of the business of the insurer, and "(B) such reports and information will not significantly contribute to carrying out the purposes of this title. "(5)(A) Subject to subparagraph (B), the Secretary shall, by rule, exempt from the requirements of this section small insurers if the Secretary finds that siich exemption will not significantly affect the validity or usefulness of the information collected and compiled under this section, nationally or State-by-State. "(B) The Secretary may not, under subparagraph (A), exempt any person who is considered an insurer under this section solely by reason of paragraph (3). "(C)(i) Subject to clause (ii), for purposes of this paragraph, the term 'small insurer' means any insurer whose premiums for motor vehicle insurance issued directly or through any affiliate, including any pooling arrangement established under State law or regulation for the issuance of motor vehicle insurance, account for less than one percent of the total premiums for all forms of motor vehicle insurance issued by insurers within the United States. The regulations under this paragraph shall provide that eligibility as a small insurer shall be based on the most recent calendar year for which adequate data is available, and that, once attained, such eligibility shall continue without further demonstration of qualification for one or more years, as the Secretary considers appropriate. "(ii) For purposes of the reporting requirements under this section for an insurer's operations within any State, the term 'small insurer' shall not include any insurer whose premiums for motor vehicle insurance issued directly or through any affiliate, including any pooling arrangement described in clause (i), account for 10 percent or more of the total premiums for all forms of motor vehicle insurance issued by insurers within such State. "(b) The information obtained by the Secretary under this section shall be periodically compiled and (subject to section 552 of title 5,

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