82_FR_20502 82 FR 20420 - 2017 Data Collection Under the Terrorism Risk Insurance Program

82 FR 20420 - 2017 Data Collection Under the Terrorism Risk Insurance Program

DEPARTMENT OF TREASURY

Federal Register Volume 82, Issue 82 (May 1, 2017)

Page Range20420-20422
FR Document2017-08716

The Terrorism Risk Insurance Act requires the Secretary of the Treasury to collect, from insurers that participate in the Terrorism Risk Insurance Program, information regarding insurance coverage for terrorism losses. The information is to be used by the Secretary in connection with reports analyzing various aspects of the Program. Participating insurers are directed to report information identified in a series of forms approved by the Office of Management and Budget through a web portal that has been established for that purpose. Participating insurers are required to respond to this data call, subject to certain exceptions identified in this Notice.

Federal Register, Volume 82 Issue 82 (Monday, May 1, 2017)
[Federal Register Volume 82, Number 82 (Monday, May 1, 2017)]
[Notices]
[Pages 20420-20422]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08716]


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DEPARTMENT OF TREASURY


2017 Data Collection Under the Terrorism Risk Insurance Program

AGENCY: Departmental Offices, Department of Treasury.

ACTION: Notice.

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SUMMARY: The Terrorism Risk Insurance Act requires the Secretary of the 
Treasury to collect, from insurers that participate in the Terrorism 
Risk Insurance Program, information regarding insurance coverage for 
terrorism losses. The information is to be used by the Secretary in 
connection with reports analyzing various aspects of the Program. 
Participating insurers are directed to report information identified in 
a series of forms approved by the Office of Management and Budget 
through a web portal that has been established for that purpose. 
Participating insurers are required to respond to this data call, 
subject to certain exceptions identified in this Notice.

DATES: Certain data must be submitted not later than May 15, 2017, with 
the balance of any remaining information to be provided by October 1, 
2017.

ADDRESSES: Participating insurers will submit the identified data after 
registration at a web portal that has been established for this data 
collection. A link to the Web site where participating insurers can 
commence the registration process can be found at https://www.treasury.gov/resource-center/fin-mkts/Pages/program.aspx.

FOR FURTHER INFORMATION CONTACT: Richard Ifft, Senior Insurance 
Regulatory Policy Analyst, Federal Insurance Office, Room 1410, 
Department of Treasury, 1500 Pennsylvania Avenue NW., Washington, DC 
20220, at (202) 622-2922 (this is not a toll-free number), Kevin 
Meehan, Senior Insurance Regulatory Policy Analyst, Federal Insurance 
Office, 202-622-7009 (not a toll free number), or Lindsey Baldwin, 
Senior Policy Analyst, Federal Insurance Office, 202-622-3220 (this is 
not a toll-free number). Persons who have difficulty hearing or 
speaking may access these numbers via TTY by calling the toll-free 
Federal Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION: 

I. Background

    Congress enacted the Terrorism Risk Insurance Act of 2002 (TRIA) 
\1\ based, in part, upon its recognition that widespread unavailability 
of terrorism risk insurance ``could seriously hamper ongoing and 
planned construction, property acquisition, and other business 
projects, generate a dramatic increase in rents, and otherwise suppress 
economic activity.'' \2\ TRIA requires insurers to make coverage 
available for certain lines of commercial property and casualty 
insurance.\3\ To assist insurers with the financial exposure resulting 
from this required offer of coverage, TRIA established the Terrorism 
Risk Insurance Program (TRIP or Program), under which certain losses 
resulting from an ``act of terrorism'' (as defined by TRIA) are 
eligible for reimbursement through the Program. The Program is 
administered in the Department of Treasury (Treasury) by the Secretary 
of the Treasury (Secretary) with the assistance of the Federal 
Insurance Office.\4\
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    \1\ 15 U.S.C. 6701 note. Because the provisions of TRIA, as 
amended, appear in a note of the United States Code, references to 
the provisions of TRIA are identified by the sections of the law 
(e.g., ``TRIA section 102(1) (definition of an `act of 
terrorism')'').
    \2\ TRIA section 101(a)(5).
    \3\ See TRIA section 103(c).
    \4\ 31 U.S.C. 313(c)(1)(D).
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    TRIA originally authorized the Program for a three-year period 
ending December 31, 2005. The Program has since been reauthorized three 
times, most recently in the Terrorism Risk Insurance Program 
Reauthorization Act of 2015 (2015 Reauthorization Act),\5\ which 
extended the Program until December 31, 2020. Among other reforms and 
changes, the 2015 Reauthorization Act requires insurers participating 
in the Program to submit to the Secretary, beginning in calendar year 
2016, ``such information regarding insurance coverage for terrorism 
losses of such insurers as the Secretary considers appropriate to 
analyze the effectiveness of the Program . . . .'' This information and 
data includes information regarding: (1) Lines of insurance with 
exposure to such losses; (2) premiums earned on such coverage; (3) 
geographical location of exposures; (4) pricing of such coverage; (5) 
the take-up rate for such coverage; (6) the amount of private 
reinsurance for acts of terrorism purchased; and (7) such other matters 
as the Secretary considers appropriate.\6\
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    \5\ Pub. L. 114-1, 129 Stat. 3.
    \6\ TRIA section 104(h)(1) (2015 Reauthorization Act, Section 
111).
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    Treasury conducted a voluntary data call in 2016, to avoid 
inadvertently imposing an unanticipated level of burden on 
participating insurers. In that year, before implementing regulations 
were effective, Treasury utilized a single reporting template approved 
by the Office of Management and Budget (OMB) on an emergency basis 
without a formal public notice and comment period. Data collected from 
the insurers that elected to respond to this request formed the basis 
for Treasury's first report under the 2015 Reauthorization Act 
addressing the effectiveness of the Program.\7\
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    \7\ See Department of Treasury, Report on the Overall 
Effectiveness of the Terrorism Risk Insurance Program (June 2016), 
available at https://www.treasury.gov/initiatives/fio/reports-and-notices/Documents/2016_TRIP_Effectiveness_%20Report_FINAL.pdf.
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    On December 21, 2016, Treasury issued Final Rules concerning, among 
other things, its data collection authorities under the Program.\8\ On 
December 27, 2016, Treasury published the data collection forms that it 
proposed to use for the 2017 data call, and invited the public to 
provide comments concerning those proposed forms.\9\ Treasury received 
seven comments concerning the forms.\10\ In response, and as discussed 
further below, Treasury has made a number of modifications to the forms 
and has also in certain ways modified the manner in which Treasury will 
collect the identified data. OMB has approved the use of these forms 
under Control Number 1505-0257.
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    \8\ 81 FR 93756 (Dec. 21, 2016); see 31 CFR 50.50-50.54.
    \9\ 81 FR 95310 (Dec. 27, 2016).
    \10\ Treasury received comments from the American Insurance 
Association (AIA), the Property Casualty Insurers Association of 
American (PCIAA), the National Association of Mutual Insurance 
Companies (NAMIC), the International Underwriting Association of 
London (IUA), Lloyd's of London (Lloyd's), Signal Mutual Indemnity 
Association Ltd. (Signal), and an individual, James Murray (Murray). 
The comments are available at https://www.regulations.gov/docketBrowser?rpp=25&so=DESC&sb=commentDueDate&po=0&D=TREAS-TRIP-2017-0002. References to these comments are incorporated below where 
appropriate.
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II. Data Collection Forms and Procedures

    The collection templates proposed for use in calendar year 2017 are 
based upon the form created for use in calendar year 2016, although 
certain changes were made based upon experience derived from the 2016 
voluntary data call. The principal

[[Page 20421]]

change was that Treasury developed four separate templates for use, 
depending upon the type or size of insurer providing information. Each 
insurer group (or individual company if not affiliated with a group) 
will fill out the template identified ``Insurer (Non-Small) Groups or 
Companies,'' unless the insurer meets the definition of a small 
insurer, captive insurer, or alien surplus lines insurer as set forth 
in 31 CFR 50.4. These insurers are required to complete different forms 
that are more specifically tailored to their operations.
    Each form is accompanied by a separate ``data dictionary'' 
applicable to the form, which contains specific instructions to 
complete each data element. In its initial notice seeking public 
comment, Treasury set forth the general instructions concerning what 
type of form each participating insurer must complete.\11\ These 
instructions remain the same; however, Treasury is now clarifying that 
insurers that participate in the Program because they have been 
authorized by the Federal Government to provide insurance for various 
purposes \12\ should complete the alien surplus lines template. 
Treasury has provided further specific instructions in the associated 
data dictionary concerning completion of the reporting template by 
these insurers.
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    \11\ See 81 FR 95310 (Dec. 27, 2016). In general, small insurers 
(31 CFR 50.4(z)) are insurers who for purposes of the 2017 data 
collection, which is otherwise requesting information from calendar 
year 2016, had 2015 policyholder surplus and 2015 direct earned 
premium of less than $600,000,000 (or five times the 2016 Program 
Trigger of $120,000,000). In addition, a small insurer with less 
than $10,000,000 in TRIP-eligible lines direct earned premium in 
calendar year 2016 is not required to provide any data. Captive 
insurers (31 CFR 50.4(g)) are insurers licensed under the captive 
insurance laws or regulations of any state, and are all subject to 
the same captive insurer template regardless of size. However, to 
the extent a captive insurer writes policies in TRIP-eligible lines 
of insurance, but does not actually provide its insureds with any 
terrorism risk insurance subject to the Program, the captive insurer 
is not required to provide data. Alien surplus lines insurers (31 
CFR 50.4(o)(1)(i)(B)) are insurers not licensed or admitted to 
engage in the business of providing primary or excess insurance in 
any state, but that are eligible surplus line insurers listed on the 
NAIC Quarterly Listing of Alien Insurers. To the extent an alien 
surplus lines insurer is part of a larger group that is subject to 
reporting under either the ``Insurer (Non-Small) Groups or 
Companies'' or ``Small Insurers'' template, the information for that 
alien surplus lines insurer should be reported as part of the larger 
group, using the proper template. The ``Alien Surplus Lines'' 
template is to be used by any other alien surplus lines insurer, 
regardless of size, that is not part of a larger group. Such alien 
surplus lines insurers must report, at least for calendar year 2017, 
even if they fall within the $10,000,000 premium threshold otherwise 
required for small insurers to report.
    \12\ See TRIA, Sec.  102(6)(A)(iii); 31 CFR 50.4(o)(1)(C). The 
Alien Surplus Lines template should also be used by Federally-
approved insurers subject to the Program that are approved or 
accepted for the purpose of offering property and casualty insurance 
by a Federal agency in connection with maritime, energy, or aviation 
activity, but only to the extent of such Federal approval of 
property and casualty insurance coverage offered by the insurer in 
connection with maritime, energy, or aviation activity.
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    Commenters made a number of suggestions concerning the manner in 
which data should be collected and provided specific suggestions 
concerning individual data elements and the instructions concerning 
those elements. Several commenters \13\ suggested that Treasury could 
collect certain workers' compensation insurance elements through the 
National Council on Compensation Insurance (NCCI) and other rating 
bureaus that collect workers' compensation insurance data in order to 
fulfill the obligation of participating insurers to report such 
information. In response to these comments, Treasury has arranged with 
NCCI and the California Workers' Compensation Insurance Rating Bureau 
(California WCIRB) to provide (either directly or through other 
workers' compensation rating bureaus) the workers' compensation 
insurance elements of the data call relating to premium and payroll 
information, including as allocated to specific geographic areas and 
across industry groups, with the exception of private reinsurance 
arrangements associated with workers' compensation insurance. This will 
eliminate the need of insurers to report this information separately, 
and the data aggregator will provide such insurers with reporting 
templates that do not require completion of this workers' compensation 
data. Instead, that information will be provided by NCCI and/or the 
California WCIRB and then merged into the information provided directly 
by the reporting insurers.
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    \13\ See AIA Comments at 4; PCIAA Comments at 2; NAMIC Comments 
at 1.
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    Several commenters requested that Treasury delay the data 
collection deadline. In support of this request, commenters cited the 
fact that this is the first year of mandatory collection, and that a 
delayed reporting date would allow insurers more time to verify and 
compile information, leading to more accurate submissions.\14\ 
Commenters supported the permissibility of this position by noting that 
Treasury's report in 2017 focuses upon small insurers, and that 
information required from other insurers would not be relevant to that 
report such that it could be reported at a later date.\15\
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    \14\ See Lloyd's Comments at 1; IUA Comments at 1-2.
    \15\ See Lloyd's Comments at 1; IUA Comments at 1-2; Murray 
Comments at 1. One commenter suggested that a later date would be 
consistent with a reporting date of October 1 that has been 
established for the reporting to state regulators of certain 
terrorism risk insurance information by alien surplus lines 
insurers. See Lloyd's Comments at 1; IUA Comments at 1.
---------------------------------------------------------------------------

    Treasury selected the data reporting deadline of May 15 in the 
Program Rules in response to comments indicating that the initial 
proposed date of March 1 interfered with pre-existing state insurance 
data production requirements. Treasury chose May 15 as the latest date 
to obtain the necessary data and still reasonably complete its 
statutory reporting obligations, which are due each year on June 
30.\16\ Even though Treasury's 2017 report will be focusing upon small 
insurers, information provided by other insurers will be relevant to 
put into context the participation of small insurers in the terrorism 
risk insurance marketplace.
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    \16\ See 81 FR 93756, 93761 (Dec. 21, 2016).
---------------------------------------------------------------------------

    To address the concerns raised by commenters while still meeting 
its statutory obligations, Treasury will, for 2017 only, limit the 
amount of data that needs to be provided by May 15, 2017 by all 
insurers to general registration, premium and policy counts, policy 
exposures, and reinsurance (the information that is reportable by small 
insurers).\17\ Additional information (for package or multi-line 
policies, standalone terrorism insurance, policyholder industry codes, 
and geographic exposures) must also be submitted by insurers other than 
small insurers, and may be submitted with the initial submission by May 
15. If this additional information is not provided with the initial 
submission, it must be provided separately no later than October 1, 
2017. Because all insurers will have taken the necessary steps to 
compile data in 2017, Treasury will not grant extensions of the May 15 
deadline in future years.
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    \17\ The worksheets for non-small insurers, alien surplus lines 
insurers, and captive insurers that cover the information that is 
also reported by small insurers differ from the small insurer 
worksheets in minor ways. Reporting insurers will still complete the 
relevant worksheets of their own data reporting template, even 
though it will differ somewhat from the small insurer template.
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    One commenter suggested that the reporting forms were not geared to 
reporting by Federally-approved insurers that are subject to the 
Program.\18\ In response, and as noted above, Treasury has modified the 
instructions to provide further guidance as to how such insurers should 
respond to the 2017 data call, and will consider the development of a 
separate form for such insurers for future collections.
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    \18\ See Signal Comments at 1.
---------------------------------------------------------------------------

    Several commenters suggested the establishment of a telephone 
``helpline''

[[Page 20422]]

and the hosting of a public webinar to assist reporting insurers that 
have questions concerning the data collection requirements.\19\ 
Treasury (through its data aggregator) will establish such a helpline, 
and will also host a public webinar concerning the process to assist 
reporting insurers in responding to the proposed collection. Details 
concerning participation in the webinar will be made available on 
Treasury's Web site at https://www.treasury.gov/resource-center/fin-mkts/Pages/program.aspx. Treasury personnel, as identified above, may 
also be contacted directly in connection with questions and guidance 
for completion of the data collection templates.
---------------------------------------------------------------------------

    \19\ See AIA Comments at 4; PCIAA Comments at 2.
---------------------------------------------------------------------------

    Treasury also received a number of written comments addressing 
technical changes or questions concerning the reporting forms. In 
response, Treasury has modified the instructions in a number of ways to 
clarify the information sought, and in some cases to reduce the burden 
of reporting that might otherwise be presented by the collection as 
originally proposed (for example, by adding fields to allow insurers to 
report unallocated values that have not been specifically coded within 
the insurer's existing systems).\20\
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    \20\ Other examples of such technical changes include manner in 
which policy count information should be entered in connection with 
multiple line and multiple jurisdiction situations (see AIA Comments 
at 4-5), confirmation as to how property insurance limits should be 
entered in specific situations (see AIA Comments at 6), and 
inconsistency in certain of the template headings vis-[agrave]-vis 
the instructional materials (see AIA Comments at 5).
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III. Data Call

    Treasury, through an insurance statistical aggregator, has 
established the web portal identified above, through which insurers 
will be able to submit the identified data. Reporting insurers should 
visit this link in order to register for the 2017 data collection. 
Copies of the collection forms (image files only) are also available at 
the link identified above; however, reporting insurers will obtain the 
fillable forms that they will use for reporting directly from the data 
aggregator once they register for the data collection process. As noted 
above, reporting insurers are required to submit completed data forms 
containing data related to premium and policy counts, policy exposures, 
and reinsurance no later than May 15, 2017; the remaining data 
requested must be submitted no later than October 1, 2017. The 
insurance statistical aggregator will provide instructions on how to 
submit completed forms, and will also be available to answer questions 
related to the completion of the forms.
    All information submitted via the web portal is subject to the 
confidentiality and data protection provisions of TRIA and the Program 
Rules, as well as to section 552 of title 5, United States Code, 
including any exceptions thereunder. In accordance with the Paperwork 
Reduction Act, (44 U.S.C 3501 et seq.), the information collected 
through the web portal has been approved by OMB under Control Number 
1505-0257. An agency may not conduct or sponsor and a person is not 
required to respond to a collection of information unless it displays a 
valid OMB control number.

    Dated: April 25, 2017.
Brian J. Peretti,
Director, Office of Critical Infrastructure Protection and Compliance 
Policy.
[FR Doc. 2017-08716 Filed 4-28-17; 8:45 am]
 BILLING CODE P



                                                20420                            Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Notices

                                                  Authority: 5 U.S.C. 610; E.O. 13563, 76 FR            calling the toll-free Federal Relay                        matters as the Secretary considers
                                                3821, Jan. 21 2011; E.O. 12866, 58 FR 51735,            Service at (800) 877–8339.                                 appropriate.6
                                                Oct. 4, 1993.                                                                                                         Treasury conducted a voluntary data
                                                                                                        SUPPLEMENTARY INFORMATION:
                                                  By Order of the Executive Director.                                                                              call in 2016, to avoid inadvertently
                                                  Dated: April 25, 2017.                                I. Background                                              imposing an unanticipated level of
                                                T. Mitchell Hudson, Jr.,                                                                                           burden on participating insurers. In that
                                                Secretary, Maritime Administration.
                                                                                                           Congress enacted the Terrorism Risk                     year, before implementing regulations
                                                                                                        Insurance Act of 2002 (TRIA) 1 based, in                   were effective, Treasury utilized a single
                                                [FR Doc. 2017–08685 Filed 4–28–17; 8:45 am]
                                                                                                        part, upon its recognition that                            reporting template approved by the
                                                BILLING CODE 4910–81–P
                                                                                                        widespread unavailability of terrorism                     Office of Management and Budget
                                                                                                        risk insurance ‘‘could seriously hamper                    (OMB) on an emergency basis without a
                                                                                                        ongoing and planned construction,                          formal public notice and comment
                                                DEPARTMENT OF TREASURY                                  property acquisition, and other business                   period. Data collected from the insurers
                                                                                                        projects, generate a dramatic increase in                  that elected to respond to this request
                                                2017 Data Collection Under the
                                                Terrorism Risk Insurance Program                        rents, and otherwise suppress economic                     formed the basis for Treasury’s first
                                                                                                        activity.’’ 2 TRIA requires insurers to                    report under the 2015 Reauthorization
                                                AGENCY: Departmental Offices,                           make coverage available for certain lines                  Act addressing the effectiveness of the
                                                Department of Treasury.                                 of commercial property and casualty                        Program.7
                                                ACTION: Notice.                                         insurance.3 To assist insurers with the                       On December 21, 2016, Treasury
                                                                                                        financial exposure resulting from this                     issued Final Rules concerning, among
                                                SUMMARY:    The Terrorism Risk Insurance                required offer of coverage, TRIA                           other things, its data collection
                                                Act requires the Secretary of the                       established the Terrorism Risk                             authorities under the Program.8 On
                                                Treasury to collect, from insurers that                 Insurance Program (TRIP or Program),                       December 27, 2016, Treasury published
                                                participate in the Terrorism Risk                       under which certain losses resulting                       the data collection forms that it
                                                Insurance Program, information                          from an ‘‘act of terrorism’’ (as defined by                proposed to use for the 2017 data call,
                                                regarding insurance coverage for                        TRIA) are eligible for reimbursement                       and invited the public to provide
                                                terrorism losses. The information is to                 through the Program. The Program is                        comments concerning those proposed
                                                be used by the Secretary in connection                  administered in the Department of                          forms.9 Treasury received seven
                                                with reports analyzing various aspects                  Treasury (Treasury) by the Secretary of                    comments concerning the forms.10 In
                                                of the Program. Participating insurers                  the Treasury (Secretary) with the                          response, and as discussed further
                                                are directed to report information                      assistance of the Federal Insurance                        below, Treasury has made a number of
                                                identified in a series of forms approved                Office.4                                                   modifications to the forms and has also
                                                by the Office of Management and                                                                                    in certain ways modified the manner in
                                                Budget through a web portal that has                       TRIA originally authorized the
                                                                                                                                                                   which Treasury will collect the
                                                been established for that purpose.                      Program for a three-year period ending
                                                                                                                                                                   identified data. OMB has approved the
                                                Participating insurers are required to                  December 31, 2005. The Program has
                                                                                                                                                                   use of these forms under Control
                                                respond to this data call, subject to                   since been reauthorized three times,
                                                                                                                                                                   Number 1505–0257.
                                                certain exceptions identified in this                   most recently in the Terrorism Risk
                                                Notice.                                                 Insurance Program Reauthorization Act                      II. Data Collection Forms and
                                                                                                        of 2015 (2015 Reauthorization Act),5                       Procedures
                                                DATES: Certain data must be submitted                   which extended the Program until
                                                not later than May 15, 2017, with the                                                                                 The collection templates proposed for
                                                                                                        December 31, 2020. Among other                             use in calendar year 2017 are based
                                                balance of any remaining information to                 reforms and changes, the 2015
                                                be provided by October 1, 2017.                                                                                    upon the form created for use in
                                                                                                        Reauthorization Act requires insurers                      calendar year 2016, although certain
                                                ADDRESSES: Participating insurers will                  participating in the Program to submit
                                                submit the identified data after                                                                                   changes were made based upon
                                                                                                        to the Secretary, beginning in calendar                    experience derived from the 2016
                                                registration at a web portal that has been              year 2016, ‘‘such information regarding
                                                established for this data collection. A                                                                            voluntary data call. The principal
                                                                                                        insurance coverage for terrorism losses
                                                link to the Web site where participating                of such insurers as the Secretary                            6 TRIA section 104(h)(1) (2015 Reauthorization
                                                insurers can commence the registration                  considers appropriate to analyze the                       Act, Section 111).
                                                process can be found at https://                        effectiveness of the Program . . . .’’                       7 See Department of Treasury, Report on the

                                                www.treasury.gov/resource-center/fin-                   This information and data includes                         Overall Effectiveness of the Terrorism Risk
                                                mkts/Pages/program.aspx.                                                                                           Insurance Program (June 2016), available at https://
                                                                                                        information regarding: (1) Lines of                        www.treasury.gov/initiatives/fio/reports-and-
                                                FOR FURTHER INFORMATION CONTACT:                        insurance with exposure to such losses;                    notices/Documents/2016_TRIP_Effectiveness_
                                                Richard Ifft, Senior Insurance                          (2) premiums earned on such coverage;                      %20Report_FINAL.pdf.
                                                Regulatory Policy Analyst, Federal                      (3) geographical location of exposures;                      8 81 FR 93756 (Dec. 21, 2016); see 31 CFR 50.50–

                                                Insurance Office, Room 1410,                            (4) pricing of such coverage; (5) the take-                50.54.
                                                                                                                                                                     9 81 FR 95310 (Dec. 27, 2016).
                                                Department of Treasury, 1500                            up rate for such coverage; (6) the                           10 Treasury received comments from the
                                                Pennsylvania Avenue NW., Washington,                    amount of private reinsurance for acts of                  American Insurance Association (AIA), the Property
                                                DC 20220, at (202) 622–2922 (this is not                terrorism purchased; and (7) such other                    Casualty Insurers Association of American (PCIAA),
                                                a toll-free number), Kevin Meehan,                                                                                 the National Association of Mutual Insurance
                                                Senior Insurance Regulatory Policy                                                                                 Companies (NAMIC), the International
srobinson on DSK5SPTVN1PROD with NOTICES




                                                                                                          1 15 U.S.C. 6701 note. Because the provisions of
                                                                                                                                                                   Underwriting Association of London (IUA), Lloyd’s
                                                Analyst, Federal Insurance Office, 202–                 TRIA, as amended, appear in a note of the United
                                                                                                                                                                   of London (Lloyd’s), Signal Mutual Indemnity
                                                622–7009 (not a toll free number), or                   States Code, references to the provisions of TRIA
                                                                                                                                                                   Association Ltd. (Signal), and an individual, James
                                                                                                        are identified by the sections of the law (e.g., ‘‘TRIA
                                                Lindsey Baldwin, Senior Policy Analyst,                 section 102(1) (definition of an ‘act of terrorism’)’’).
                                                                                                                                                                   Murray (Murray). The comments are available at
                                                Federal Insurance Office, 202–622–3220                    2 TRIA section 101(a)(5).
                                                                                                                                                                   https://www.regulations.gov/docketBrowser?rpp=
                                                                                                                                                                   25&so=DESC&sb=commentDueDate&po=
                                                (this is not a toll-free number). Persons                 3 See TRIA section 103(c).
                                                                                                                                                                   0&D=TREAS-TRIP-2017-0002. References to these
                                                who have difficulty hearing or speaking                   4 31 U.S.C. 313(c)(1)(D).
                                                                                                                                                                   comments are incorporated below where
                                                may access these numbers via TTY by                       5 Pub. L. 114–1, 129 Stat. 3.                            appropriate.



                                           VerDate Sep<11>2014   20:35 Apr 28, 2017   Jkt 241001   PO 00000   Frm 00108   Fmt 4703   Sfmt 4703    E:\FR\FM\01MYN1.SGM      01MYN1


                                                                                  Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Notices                                                        20421

                                                change was that Treasury developed                        alien surplus lines template. Treasury                   Treasury selected the data reporting
                                                four separate templates for use,                          has provided further specific                          deadline of May 15 in the Program
                                                depending upon the type or size of                        instructions in the associated data                    Rules in response to comments
                                                insurer providing information. Each                       dictionary concerning completion of the                indicating that the initial proposed date
                                                insurer group (or individual company if                   reporting template by these insurers.                  of March 1 interfered with pre-existing
                                                not affiliated with a group) will fill out                   Commenters made a number of                         state insurance data production
                                                the template identified ‘‘Insurer (Non-                   suggestions concerning the manner in                   requirements. Treasury chose May 15 as
                                                Small) Groups or Companies,’’ unless                      which data should be collected and                     the latest date to obtain the necessary
                                                the insurer meets the definition of a                     provided specific suggestions                          data and still reasonably complete its
                                                small insurer, captive insurer, or alien                  concerning individual data elements                    statutory reporting obligations, which
                                                surplus lines insurer as set forth in 31                  and the instructions concerning those                  are due each year on June 30.16 Even
                                                CFR 50.4. These insurers are required to                  elements. Several commenters 13                        though Treasury’s 2017 report will be
                                                complete different forms that are more                    suggested that Treasury could collect                  focusing upon small insurers,
                                                specifically tailored to their operations.                certain workers’ compensation                          information provided by other insurers
                                                  Each form is accompanied by a                           insurance elements through the                         will be relevant to put into context the
                                                separate ‘‘data dictionary’’ applicable to                National Council on Compensation                       participation of small insurers in the
                                                the form, which contains specific                         Insurance (NCCI) and other rating                      terrorism risk insurance marketplace.
                                                instructions to complete each data                        bureaus that collect workers’                            To address the concerns raised by
                                                element. In its initial notice seeking                    compensation insurance data in order to                commenters while still meeting its
                                                public comment, Treasury set forth the                    fulfill the obligation of participating                statutory obligations, Treasury will, for
                                                general instructions concerning what                      insurers to report such information. In                2017 only, limit the amount of data that
                                                type of form each participating insurer                   response to these comments, Treasury                   needs to be provided by May 15, 2017
                                                must complete.11 These instructions                       has arranged with NCCI and the                         by all insurers to general registration,
                                                remain the same; however, Treasury is                     California Workers’ Compensation                       premium and policy counts, policy
                                                now clarifying that insurers that                         Insurance Rating Bureau (California                    exposures, and reinsurance (the
                                                participate in the Program because they                   WCIRB) to provide (either directly or                  information that is reportable by small
                                                have been authorized by the Federal                       through other workers’ compensation                    insurers).17 Additional information (for
                                                Government to provide insurance for                       rating bureaus) the workers’                           package or multi-line policies,
                                                various purposes 12 should complete the                   compensation insurance elements of the                 standalone terrorism insurance,
                                                                                                          data call relating to premium and                      policyholder industry codes, and
                                                   11 See 81 FR 95310 (Dec. 27, 2016). In general,        payroll information, including as                      geographic exposures) must also be
                                                small insurers (31 CFR 50.4(z)) are insurers who for      allocated to specific geographic areas
                                                purposes of the 2017 data collection, which is                                                                   submitted by insurers other than small
                                                otherwise requesting information from calendar            and across industry groups, with the                   insurers, and may be submitted with the
                                                year 2016, had 2015 policyholder surplus and 2015         exception of private reinsurance                       initial submission by May 15. If this
                                                direct earned premium of less than $600,000,000 (or       arrangements associated with workers’                  additional information is not provided
                                                five times the 2016 Program Trigger of                    compensation insurance. This will
                                                $120,000,000). In addition, a small insurer with less                                                            with the initial submission, it must be
                                                than $10,000,000 in TRIP-eligible lines direct            eliminate the need of insurers to report               provided separately no later than
                                                earned premium in calendar year 2016 is not               this information separately, and the data              October 1, 2017. Because all insurers
                                                required to provide any data. Captive insurers (31        aggregator will provide such insurers
                                                CFR 50.4(g)) are insurers licensed under the captive                                                             will have taken the necessary steps to
                                                insurance laws or regulations of any state, and are
                                                                                                          with reporting templates that do not                   compile data in 2017, Treasury will not
                                                all subject to the same captive insurer template          require completion of this workers’                    grant extensions of the May 15 deadline
                                                regardless of size. However, to the extent a captive      compensation data. Instead, that                       in future years.
                                                insurer writes policies in TRIP-eligible lines of         information will be provided by NCCI
                                                insurance, but does not actually provide its                                                                       One commenter suggested that the
                                                insureds with any terrorism risk insurance subject        and/or the California WCIRB and then                   reporting forms were not geared to
                                                to the Program, the captive insurer is not required       merged into the information provided                   reporting by Federally-approved
                                                to provide data. Alien surplus lines insurers (31         directly by the reporting insurers.                    insurers that are subject to the
                                                CFR 50.4(o)(1)(i)(B)) are insurers not licensed or           Several commenters requested that
                                                admitted to engage in the business of providing                                                                  Program.18 In response, and as noted
                                                primary or excess insurance in any state, but that
                                                                                                          Treasury delay the data collection                     above, Treasury has modified the
                                                are eligible surplus line insurers listed on the NAIC     deadline. In support of this request,                  instructions to provide further guidance
                                                Quarterly Listing of Alien Insurers. To the extent an     commenters cited the fact that this is the
                                                alien surplus lines insurer is part of a larger group                                                            as to how such insurers should respond
                                                                                                          first year of mandatory collection, and
                                                that is subject to reporting under either the ‘‘Insurer                                                          to the 2017 data call, and will consider
                                                (Non-Small) Groups or Companies’’ or ‘‘Small              that a delayed reporting date would
                                                                                                                                                                 the development of a separate form for
                                                Insurers’’ template, the information for that alien       allow insurers more time to verify and
                                                                                                                                                                 such insurers for future collections.
                                                surplus lines insurer should be reported as part of       compile information, leading to more                     Several commenters suggested the
                                                the larger group, using the proper template. The          accurate submissions.14 Commenters
                                                ‘‘Alien Surplus Lines’’ template is to be used by any                                                            establishment of a telephone ‘‘helpline’’
                                                other alien surplus lines insurer, regardless of size,    supported the permissibility of this
                                                that is not part of a larger group. Such alien surplus    position by noting that Treasury’s report              a reporting date of October 1 that has been
                                                lines insurers must report, at least for calendar year    in 2017 focuses upon small insurers,                   established for the reporting to state regulators of
                                                2017, even if they fall within the $10,000,000
                                                premium threshold otherwise required for small
                                                                                                          and that information required from                     certain terrorism risk insurance information by
                                                                                                          other insurers would not be relevant to                alien surplus lines insurers. See Lloyd’s Comments
                                                insurers to report.
                                                                                                                                                                 at 1; IUA Comments at 1.
                                                   12 See TRIA, § 102(6)(A)(iii); 31 CFR 50.4(o)(1)(C).   that report such that it could be reported                16 See 81 FR 93756, 93761 (Dec. 21, 2016).
                                                The Alien Surplus Lines template should also be
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                                                                                                          at a later date.15                                        17 The worksheets for non-small insurers, alien
                                                used by Federally-approved insurers subject to the
                                                Program that are approved or accepted for the                                                                    surplus lines insurers, and captive insurers that
                                                                                                             13 See AIA Comments at 4; PCIAA Comments at
                                                purpose of offering property and casualty insurance                                                              cover the information that is also reported by small
                                                by a Federal agency in connection with maritime,          2; NAMIC Comments at 1.                                insurers differ from the small insurer worksheets in
                                                                                                             14 See Lloyd’s Comments at 1; IUA Comments at       minor ways. Reporting insurers will still complete
                                                energy, or aviation activity, but only to the extent
                                                of such Federal approval of property and casualty         1–2.                                                   the relevant worksheets of their own data reporting
                                                insurance coverage offered by the insurer in                 15 See Lloyd’s Comments at 1; IUA Comments at       template, even though it will differ somewhat from
                                                connection with maritime, energy, or aviation             1–2; Murray Comments at 1. One commenter               the small insurer template.
                                                activity.                                                 suggested that a later date would be consistent with      18 See Signal Comments at 1.




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                                                20422                                       Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Notices

                                                and the hosting of a public webinar to                                   web portal identified above, through                         Number 1505–0257. An agency may not
                                                assist reporting insurers that have                                      which insurers will be able to submit                        conduct or sponsor and a person is not
                                                questions concerning the data collection                                 the identified data. Reporting insurers                      required to respond to a collection of
                                                requirements.19 Treasury (through its                                    should visit this link in order to register                  information unless it displays a valid
                                                data aggregator) will establish such a                                   for the 2017 data collection. Copies of                      OMB control number.
                                                helpline, and will also host a public                                    the collection forms (image files only)                        Dated: April 25, 2017.
                                                webinar concerning the process to assist                                 are also available at the link identified                    Brian J. Peretti,
                                                reporting insurers in responding to the                                  above; however, reporting insurers will
                                                proposed collection. Details concerning                                                                                               Director, Office of Critical Infrastructure
                                                                                                                         obtain the fillable forms that they will
                                                participation in the webinar will be                                                                                                  Protection and Compliance Policy.
                                                                                                                         use for reporting directly from the data
                                                made available on Treasury’s Web site                                                                                                 [FR Doc. 2017–08716 Filed 4–28–17; 8:45 am]
                                                                                                                         aggregator once they register for the data
                                                at https://www.treasury.gov/resource-                                    collection process. As noted above,                          BILLING CODE P
                                                center/fin-mkts/Pages/program.aspx.                                      reporting insurers are required to submit
                                                Treasury personnel, as identified above,                                 completed data forms containing data
                                                may also be contacted directly in                                        related to premium and policy counts,
                                                connection with questions and guidance                                   policy exposures, and reinsurance no                         DEPARTMENT OF VETERANS
                                                for completion of the data collection                                    later than May 15, 2017; the remaining                       AFFAIRS
                                                templates.                                                               data requested must be submitted no
                                                   Treasury also received a number of                                                                                                 Joint Biomedical Laboratory Research
                                                                                                                         later than October 1, 2017. The                              and Development and Clinical Science
                                                written comments addressing technical                                    insurance statistical aggregator will
                                                changes or questions concerning the                                                                                                   Research and Development Services
                                                                                                                         provide instructions on how to submit                        Scientific Merit Review Board
                                                reporting forms. In response, Treasury                                   completed forms, and will also be
                                                has modified the instructions in a                                                                                                    Amended; Notice of Meetings
                                                                                                                         available to answer questions related to
                                                number of ways to clarify the
                                                                                                                         the completion of the forms.                                    The Department of Veterans Affairs
                                                information sought, and in some cases
                                                to reduce the burden of reporting that                                      All information submitted via the web                     (VA) gives notice under Public Law 92–
                                                might otherwise be presented by the                                      portal is subject to the confidentiality                     463; Title 5 U.S.C. App. 2 (Federal
                                                collection as originally proposed (for                                   and data protection provisions of TRIA                       Advisory Committee Act) that the
                                                example, by adding fields to allow                                       and the Program Rules, as well as to                         subcommittees of the Joint Biomedical
                                                insurers to report unallocated values                                    section 552 of title 5, United States                        Laboratory Research and Development
                                                that have not been specifically coded                                    Code, including any exceptions                               and Clinical Science Research and
                                                within the insurer’s existing systems).20                                thereunder. In accordance with the                           Development Services Scientific Merit
                                                                                                                         Paperwork Reduction Act, (44 U.S.C                           Review Board (JBL/CS SMRB) will meet
                                                III. Data Call                                                           3501 et seq.), the information collected                     from 8 a.m. to 5 p.m. on the dates
                                                   Treasury, through an insurance                                        through the web portal has been                              indicated below (unless otherwise
                                                statistical aggregator, has established the                              approved by OMB under Control                                listed):

                                                                               Subcommittee                                                           Date                                             Location

                                                Infectious Diseases—B ....................................................              May 18, 2017 .....................    Hilton Crystal City—Reagan   National Airport.
                                                Nephrology .......................................................................      May 18, 2017 .....................    Hilton Crystal City—Reagan   National Airport.
                                                Hematology ......................................................................       May 19, 2017 .....................    Hyatt Regency Washington.
                                                Oncology—A/D .................................................................          May 19, 2017 .....................    Hyatt Regency Washington.
                                                Cellular & Molecular Medicine .........................................                 May 22, 2017 .....................    Hilton Crystal City—Reagan   National   Airport.
                                                Endocrinology—B .............................................................           May 22, 2017 .....................    Hilton Crystal City—Reagan   National   Airport.
                                                Neurobiology—C ..............................................................           May 23, 2017 .....................    Hilton Crystal City—Reagan   National   Airport.
                                                Oncology—B ....................................................................         May 24, 2017 .....................    Hilton Crystal City—Reagan   National   Airport.
                                                Surgery .............................................................................   May 24, 2017 .....................    Hilton Crystal City—Reagan   National   Airport.
                                                Cardiovascular Studies—A ..............................................                 May 25, 2017 .....................    Hilton Crystal City—Reagan   National   Airport.
                                                Infectious Diseases—A ....................................................              May 25, 2017 .....................    * VA Central Office.
                                                Oncology—C ....................................................................         May 25 2017 ......................    Hilton Crystal City—Reagan   National Airport.
                                                Immunology & Dermatology—A .......................................                      May 31, 2017 .....................    Hilton Crystal City—Reagan   National Airport.
                                                Neurobiology—B ..............................................................           May 31, 2017 .....................    Hyatt Regency Washington.
                                                Gulf War Research ...........................................................           June 1, 2017 ......................   * VA Central Office.
                                                Pulmonary Medicine .........................................................            June 1, 2017 ......................   Hyatt Regency Washington.
                                                Endocrinology—A .............................................................           June 2, 2017 ......................   Hyatt Regency Washington.
                                                Neurobiology—A ..............................................................           June 2, 2017 ......................   Hyatt Regency Washington.
                                                Neurobiology—E ..............................................................           June 2, 2017 ......................   Hyatt Regency Washington.
                                                Gastroenterology ..............................................................         June 6, 2017 ......................   Hilton Crystal City—Reagan   National Airport.
                                                Mental Health & Behavioral Sciences—A ........................                          June 7, 2017 ......................   Hilton Crystal City—Reagan   National Airport.
                                                Neurobiology—F ...............................................................          June 7, 2017 ......................   * VA Central Office.
                                                Oncology—E ....................................................................         June 7, 2017 ......................   * VA Central Office.
                                                Cardiovascular Studies—B ..............................................                 June 8, 2017 ......................   Hyatt Regency Washington.
                                                Mental Health & Behavioral Sciences—B ........................                          June 8, 2017 ......................   Hyatt Regency Washington.
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                                                Epidemiology ....................................................................       June 8, 2017 ......................   * VA Central Office.
                                                Neurobiology—D ..............................................................           June 9, 2017 ......................   Hyatt Regency Washington.
                                                Special Emphasis Panel on Million Veteran Prog. Proj ...                                July 11–12, 2017 ................     Hilton Crystal City—Reagan   National Airport.

                                                     19 See   AIA Comments at 4; PCIAA Comments at                       should be entered in connection with multiple line           situations (see AIA Comments at 6), and
                                                2.                                                                       and multiple jurisdiction situations (see AIA                inconsistency in certain of the template headings
                                                  20 Other examples of such technical changes                            Comments at 4–5), confirmation as to how property            vis-à-vis the instructional materials (see AIA
                                                include manner in which policy count information                         insurance limits should be entered in specific               Comments at 5).



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Document Created: 2017-04-29 03:16:26
Document Modified: 2017-04-29 03:16:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesCertain data must be submitted not later than May 15, 2017, with the balance of any remaining information to be provided by October 1, 2017.
ContactRichard Ifft, Senior Insurance Regulatory Policy Analyst, Federal Insurance Office, Room 1410, Department of Treasury, 1500 Pennsylvania Avenue NW., Washington, DC 20220, at (202) 622-2922 (this is not a toll-free number), Kevin Meehan, Senior Insurance Regulatory Policy Analyst, Federal Insurance Office, 202-622-7009 (not a toll free number), or Lindsey Baldwin, Senior Policy Analyst, Federal Insurance Office, 202-622-3220 (this is not a toll-free number). Persons who have difficulty hearing or speaking may access these numbers via TTY by calling the toll-free Federal Relay Service at (800) 877-8339.
FR Citation82 FR 20420 

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