82_FR_56555 82 FR 56328 - Terrorism Risk Insurance Program 2018 Data Call

82 FR 56328 - Terrorism Risk Insurance Program 2018 Data Call

DEPARTMENT OF THE TREASURY

Federal Register Volume 82, Issue 227 (November 28, 2017)

Page Range56328-56331
FR Document2017-25402

Pursuant to the Terrorism Risk Insurance Act of 2002 (TRIA),\1\ the Federal Insurance Office (FIO) requests public feedback on the proposed consolidation of the separate federal and state data calls regarding terrorism risk insurance, and the proposed data collection forms for use in the 2018 data call. Copies of these forms and associated explanatory materials (including a document identifying specific changes to the reporting templates and instructions as previously used by Treasury) are available for electronic review on the Treasury Web site at https://www.treasury.gov/resource-center/fin-mkts/ Pages/program.aspx. State insurance regulators, through the National Association of Insurance Commissioners (NAIC), will also be separately seeking comment from stakeholders on the proposal. ---------------------------------------------------------------------------

Federal Register, Volume 82 Issue 227 (Tuesday, November 28, 2017)
[Federal Register Volume 82, Number 227 (Tuesday, November 28, 2017)]
[Notices]
[Pages 56328-56331]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25402]


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DEPARTMENT OF THE TREASURY


Terrorism Risk Insurance Program 2018 Data Call

AGENCY: Departmental Offices, U.S. Department of the Treasury.

ACTION: Request for comments.

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SUMMARY: Pursuant to the Terrorism Risk Insurance Act of 2002 
(TRIA),\1\ the Federal Insurance Office (FIO) requests public feedback 
on the proposed consolidation of the separate federal and state data 
calls regarding terrorism risk insurance, and the proposed data 
collection forms for use in the 2018 data call. Copies of these forms 
and associated explanatory materials (including a document identifying 
specific changes to the reporting templates and instructions as 
previously used by Treasury) are available for electronic review on the 
Treasury Web site at https://www.treasury.gov/resource-center/fin-mkts/Pages/program.aspx. State insurance regulators, through the National 
Association of Insurance Commissioners (NAIC), will also be separately 
seeking comment from stakeholders on the proposal.
---------------------------------------------------------------------------

    \1\ Public Law 107-297, 116 Stat. 2322, codified at 15 U.S.C. 
6701, note. Because the provisions of TRIA (as amended) appear in a 
note, instead of particular sections, of the United States Code, the 
provisions of TRIA are identified by the sections of the law.

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DATES: Submit comments on or before January 29, 2018.

ADDRESSES: Submit comments electronically through the Federal 
eRulemaking Portal: http://www.regulations.gov, or by mail to the 
Federal Insurance Office, Attn: Richard Ifft, Room 1410 MT, Department 
of the Treasury, 1500 Pennsylvania Avenue NW., Washington, DC 20220. 
Because postal mail may be subject to processing delays, it is 
recommended that comments be submitted electronically. If submitting 
comments by mail, please submit an original version with two copies. 
Comments concerning the proposed data collection forms and

[[Page 56329]]

collection process should be captioned with ``2018 TRIP Data Collection 
Comments.'' Please include your name, group affiliation, address, email 
address, and telephone number(s) in your comment. Where appropriate, a 
comment should include a short Executive Summary (no more than five 
single-spaced pages).

FOR FURTHER INFORMATION CONTACT: Richard Ifft, Senior Insurance 
Regulatory Policy Analyst, Federal Insurance Office, Room 1410 MT, 
Department of the Treasury, 1500 Pennsylvania Avenue NW., Washington, 
DC 20220, at (202) 622-2922 (not a toll-free number), Lindsey Baldwin, 
Senior Policy Analyst, Federal Insurance Office, at (202) 622-3220 (not 
a toll free number), or Kevin Meehan, Senior Insurance Regulatory 
Policy Analyst, Federal Insurance Office, at (202) 622-7009 (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 and Proposed Consolidated Approach

    TRIA created the Terrorism Risk Insurance Program (Program) within 
the U.S. Department of the Treasury (Treasury) to address disruptions 
in the market for terrorism risk insurance, to help ensure the 
continued availability and affordability of commercial property and 
casualty insurance for terrorism risk, and to allow for the private 
markets to stabilize and build insurance capacity to absorb any future 
losses for terrorism events. The Program has been reauthorized on a 
number of occasions, most recently in the Terrorism Risk Insurance 
Program Reauthorization Act of 2015 (2015 Reauthorization Act).\2\ 
Section 111 of the 2015 Reauthorization Act \3\ (Section 111) requires 
the Secretary of the Treasury (Secretary) to perform periodic analyses 
of certain matters concerning the Program. In order to assist the 
Secretary with this process, Section 111 requires insurers to submit on 
an annual basis certain insurance data and information regarding their 
participation in the Program. FIO is authorized to assist the Secretary 
in the administration of the Program.\4\
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    \2\ Public Law 114-1, 129 Stat. 3.
    \3\ TRIA sec. 104(h).
    \4\ 31 U.S.C. 313(c)(1)(D).
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    Treasury began collecting data from insurers in 2016 on a voluntary 
basis,\5\ and on a mandatory basis in 2017.\6\ Treasury also arranged 
in 2017 for workers' compensation rating bureaus to provide most of the 
workers' compensation insurance data elements.\7\ 31 CFR 50.51 requires 
insurers to submit the specified data no later than May 15 of each 
calendar year. Treasury, through an insurance statistical aggregator, 
uses a web portal through which insurers must submit the requested 
data. All information submitted via the web portal is subject to the 
confidentiality and data protection provisions of applicable federal 
law.
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    \5\ 81 FR 11649 (March 4, 2016).
    \6\ A reporting exemption was extended to small insurers that 
wrote less than $10 million in TRIP-eligible lines premium in 2016. 
See 81 FR 95310 (December 27, 2016); 82 FR 20420 (May 1, 2017).
    \7\ 82 FR 20420 (May 1, 2017).
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    State insurance regulators also began annually collecting data 
relating to terrorism risk insurance in 2016. The state insurance 
regulator data calls have sought information similar to that collected 
by Treasury, although in some cases on a more detailed, granular basis. 
Given the similarity of the information sought, and the burden 
presented to insurers by the existence of dual data calls on the same 
subject, Treasury and state insurance regulators have sought to create 
a consolidated data call for 2018 that will satisfy each of their 
respective objectives. For the 2018 data call, Treasury and state 
insurance regulators have agreed on joint reporting templates 
substantially similar to those used by Treasury in prior years, subject 
to minor changes based upon experience gained from the 2017 data call, 
coordination with state insurance regulators and the NAIC, and feedback 
from participating insurers. The most significant changes are 
identified below.
    Insurers subject to the consolidated data call will report on a 
group basis, if part of a group, and otherwise will report on an 
individual company basis. Insurers with property exposures will also be 
required to submit to state insurance regulators, on an individual 
company basis, an additional supplement focusing on the property lines 
of insurance subject to the Program. This supplement calls for data 
with respect to geographic exposures by ZIP Code.

II. Changes to Data Collection Templates

    Pursuant to Section 111 of the 2015 Reauthorization Act, Treasury 
has coordinated with publicly available sources to collect information 
for the 2018 data call. Information relating to workers' compensation 
exposures is available from the workers' compensation rating bureaus, 
and those entities have agreed to provide that information on behalf of 
participating insurers. Treasury has determined, however, that all 
other data components remain unavailable from other sources. 
Accordingly, Treasury will continue to request this remaining data and 
information directly from insurers. However, Treasury's analysis 
indicates that the proposed consolidated approach for the 2018 data 
call will result in a significant reduction in overall data collection 
burdens for participating insurers.
    After coordinating with state insurance regulators, Treasury again 
proposes to use four different data collection templates (see 31 CFR 
50.51(c)), depending upon the type of insurer involved. Insurers 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. Such small insurers, captive insurers, and alien 
surplus lines insurers are required to complete separate tailored 
templates. Each template will be accompanied by separate instructions 
providing guidance on each data element.
    There are four global changes to the proposed reporting templates 
for 2018. First, all reporting templates will now include a standalone 
cyber insurance worksheet. Second, the reinsurance worksheet that is 
required for non-small insurers, alien surplus lines insurers, and 
captive insurers will include a new modeled loss question.\8\ Third, 
the exposures worksheet (required for all insurers) will request 
information concerning policyholder deductibles and retention amounts, 
in addition to insurer exposure under policies subject to the Program. 
Fourth, the reporting templates no longer seek premium information on 
terrorism risk insurance for years prior to the reporting period.\9\ In 
addition to these four changes, the instructions for each reporting 
template will contain clarifications on how to report specific data 
elements.
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    \8\ Small insurers complete a separate reinsurance worksheet 
that does not contain a modeled loss question.
    \9\ For purposes of future reports, Treasury will use the 
information received during the 2017 data call, and continue to 
update this information over time as subsequent data calls are 
completed.
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    There are also a number of changes for specific insurer categories. 
For the 2018 data call (requesting insurer data for calendar year 
2017), an insurer will qualify as a small insurer if it had both 2016 
policyholder surplus and 2016 direct earned premium in the TRIP-

[[Page 56330]]

eligible lines of insurance of less than $700 million.\10\ Small 
insurers that had TRIP-eligible direct earned premium of less than $10 
million in 2017 will be exempt from the 2018 consolidated TRIP data 
call.\11\ Neither captive insurers nor alien surplus lines insurers are 
eligible for this reporting exemption.
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    \10\ Small insurers are defined in 31 CFR 50.4(z) as insurers 
(or an affiliated group of insurers) whose policyholder surplus for 
the immediately preceding year is less than five times the Program 
Trigger for the current year, and whose TRIP-eligible lines direct 
earned premium for the previous year is also five times less than 
the Program Trigger. Accordingly, for the 2018 data call, an insurer 
qualifies as a small insurer if its 2016 policyholder surplus and 
2016 direct earned premium are less than five times the 2017 Program 
Trigger of $140 million.
    \11\ To the extent an insurer with less than this level of TRIP-
eligible lines direct earned premium is part of a larger group that 
is required to report, the insurer must report as part of the group 
as a whole, even if it is under the $10,000,000 direct earned 
premium threshold on an individual basis. Individual company 
information for such entities must also be reported to state 
insurance regulators.
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    In addition to the global changes identified above, small insurers 
will be required to report additional information on standalone 
terrorism policies (in addition to the new standalone cyber insurance 
policy worksheet). In addition, small insurers will now report their 
largest estimated probable maximum loss at a single location, and the 
ZIP code of that location, on the reinsurance worksheet. Insurers 
defined as small insurers for the 2018 data call will report the same 
information to Treasury (on a group basis) and state insurance 
regulators (also on a group basis), except with respect to property 
coverages, for which insurers will also provide additional reporting on 
an individual company basis in the property supplement submitted solely 
to state insurance regulators. State insurance regulators will provide 
their own guidance regarding the submission of data for the state 
property supplement.
    In addition to the global changes identified above, non-small 
insurers will no longer be required to complete a separate worksheet on 
package/multi-line policies. The non-small insurer template should be 
completed by insurance groups (or individual insurers not affiliated 
with a group) that had either a 2016 policyholder surplus or 2016 
direct earned premium in the TRIP-eligible lines of insurance equal to 
or greater than $700 million, and are not otherwise captive insurers or 
alien surplus lines insurers. Insurers defined as non-small insurers 
for the 2018 data call will report the same information to Treasury (on 
a group basis) and state insurance regulators (also on a group basis), 
except with respect to property coverages. For property coverages, 
insurers will also provide additional reporting on an individual 
company basis in a property supplement submitted solely to state 
insurance regulators. As noted above, state insurance regulators will 
provide their own guidance regarding the submission of data for the 
state property supplement.
    In addition to the global changes identified above, captive 
insurers will no longer be required to complete a separate worksheet 
for workers' compensation deductible policies, as this information will 
now be collected on the general premium worksheet. Captive insurers are 
defined in 31 CFR 50.4(g) as insurers licensed under the captive 
insurance laws or regulations of any state. As in 2017, captive 
insurers that write policies in TRIP-eligible lines of insurance are 
required to report in 2018, unless they do not provide their insureds 
with any terrorism risk insurance subject to the Program.
    The reporting template for alien surplus lines insurers does not 
contain changes, other than the global changes identified above. Alien 
surplus lines insurers are defined in 31 CFR 50.4(o)(1)(i)(B) as 
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. Alien surplus lines insurers that are part of a larger 
group classified as a non-small insurer or a small insurer should 
report as part of the group, using the appropriate template. Therefore, 
the alien surplus lines insurer template should only be used by an 
alien surplus lines insurer that is not part of a larger group subject 
to the 2018 data call. Insurers defined as alien surplus lines insurers 
for the 2018 data call will report their information to Treasury and 
provide an identical copy to state insurance regulators.\12\
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    \12\ For 2017, state insurance regulators collected terrorism 
risk insurance data from alien surplus lines insurers through the 
NAIC's International Insurers Department (IID).
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III. Submission of Data

    Following registration with the data aggregator, all insurers will 
be provided with the appropriate reporting templates for completion. 
Insurers will be required to submit the completed reporting templates 
through a secure web portal provided by the data aggregator. All data 
must be provided no later than May 15, 2018, which will also be the 
reporting deadline for state insurance regulators. Treasury intends to 
provide training and provide additional resources throughout the data 
collection period to facilitate the proper completion of reporting 
templates.
    To permit greater flexibility in the submission of data, Treasury 
will permit the submission of completed reporting templates in .csv 
file format, consistent with the format currently used by state 
insurance regulators. Treasury will provide further guidance on how 
this can be accomplished in a later notice or web posting. Responding 
companies may also continue to report using the templates (in Excel 
format) used in prior years.
    Reporting under the 2018 data call will be mandatory for all 
commercial property and casualty insurers writing insurance in lines 
subject to TRIA, unless the insurer falls within the exceptions for 
certain small insurers and captive insurers identified above.

IV. Request for Comments

    To ensure efficient and accurate completion of the forms, Treasury 
is requesting public feedback on the content of the 2018 data call 
reporting templates, and the consolidated approach to the separate 
federal and state reporting outlined in this Request for Comments. The 
proposed forms are available for review at https://www.treasury.gov/resource-center/fin-mkts/Pages/program.aspx.

V. Procedural Requirements

    Paperwork Reduction Act. The collection of information contained in 
this notice will be submitted to the Office of Management and Budget 
(OMB) for review under the requirements of the Paperwork Reduction Act, 
44 U.S.C. 3507(d). Comments should be sent to Treasury in the form 
discussed in the ADDRESSES section of this notice. Comments on the 
collection of information should be received by January 29, 2018.
    Comments are being sought with respect to the collection of 
information in the proposed Terrorism Risk Insurance Program 2018 data 
call. Treasury specifically invites comments on: (a) Whether the 
proposed collection is responsive to the statutory requirement; (b) the 
accuracy of the estimate of the burden of the collections of 
information (see below); (c) ways to enhance the quality, utility, and 
clarity of the information collection; (d) ways to use automated 
collection techniques or other forms of information technology; and (e) 
estimates of capital or start-up costs and costs of operation, 
maintenance, and purchase of services to maintain the information.

[[Page 56331]]

    Treasury previously analyzed the potential burdens associated with 
the 2017 data call. See 81 FR 95310, 95312 (December 27, 2016). The 
information sought by Treasury comprises data elements that insurers 
currently collect or generate, although not necessarily grouped 
together the way in which insurers currently collect and evaluate the 
data. Based upon insurer submissions to the 2017 data call, Treasury 
estimates that for purposes of the 2018 data call, approximately 100 
Program participants will be required to submit the ``Insurer (Non-
Small) Groups or Companies'' data collection form, 200 Program 
participants will be required to submit the ``Small Insurer'' form, 400 
Program participants will be required to submit the ``Captive Insurer'' 
form, and 25 Program participants will be required to submit the 
``Alien Surplus Lines Insurers'' form.
    Each set of reporting templates is expected to incur a different 
level of burden. The changes to the proposed data reporting elements in 
2018 are not anticipated to have a material impact on Treasury's prior 
burden estimates. Treasury anticipates approximately 75 hours will be 
required to collect, process, and report the data for each non-small 
insurer, approximately 25 hours will be required to collect, process, 
and report data for each small insurer, and 50 hours will be required 
to collect, process, and report data for each captive insurer and alien 
surplus lines insurer. Due to the proposed consolidation of the 
separate federal and state data calls, however, the total burden upon 
reporting insurers overall (once state and federal obligations are 
accounted for) will be materially reduced for most insurers.
    Assuming this breakdown, and when applied to the number of 
reporting insurers anticipated in light of the experience of the 2017 
data call, the estimated annual burden would be 33,750 hours ((100 
insurers x 75 hours) + (200 insurers x 25 hours) + (400 insurers x 50 
hours) + (25 insurers x 50 hours)). At a blended, fully loaded hourly 
rate of $85, the cost would be $2,868,750 across the industry as a 
whole, or $6,375 per non-small insurer, $2,125 per small insurer, and 
$4,250 each per captive insurer or alien surplus lines insurer.

Steven E. Seitz,
Deputy Director, Federal Insurance Office.
[FR Doc. 2017-25402 Filed 11-27-17; 8:45 am]
 BILLING CODE 4810-25-P



                                               56328                      Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Notices

                                               per month, and the use of TTB F 5250.1                     Type of Review: Extension without                    Form: None.
                                               to report all processed tobacco                         change of a currently approved                          Affected Public: Businesses or other
                                               manufactured, received, and removed                     collection.                                           for-profits.
                                               per month. TTB uses the collected                          Abstract: Under the Internal Revenue                 Estimated Total Annual Burden
                                               information to ensure that Federal                      Code at 26 U.S.C. 5053, 5214, and 5362,               Hours: 5.
                                               excise taxes have been properly paid                    distilled spirits, wine, and beer may be                Authority: 44 U.S.C. 3501 et seq.
                                               and that manufacturers are in                           exported without payment of Federal
                                                                                                                                                               Dated: November 22, 2017.
                                               compliance with applicable Federal law                  excise tax. In addition, under the IRC at
                                               and regulations.                                        26 U.S.C. 5055 and 5062, taxpaid                      Spencer W. Clark,
                                                  Form: TTB F 5210.5, TTB F 5250.1.                    distilled spirits, wine, and beer may be              Treasury PRA Clearance Officer.
                                                  Affected Public: Businesses or other                 exported and the exporter may claim                   [FR Doc. 2017–25680 Filed 11–27–17; 8:45 am]
                                               for-profits.                                            drawback (refund) on the excise taxes                 BILLING CODE 4810–31–P
                                                  Estimated Total Annual Burden                        paid. To protect the revenue, exporters
                                               Hours: 2,820.                                           must complete various TTB and
                                                  Title: Manufacturers of Nonbeverage                  customs forms to show that the products               DEPARTMENT OF THE TREASURY
                                               Products—Records to Support Claims                      were in fact exported. Under the TTB
                                                                                                                                                             Terrorism Risk Insurance Program
                                               for Drawback.                                           alcohol beverage export regulations in
                                                                                                                                                             2018 Data Call
                                                  OMB Control Number: 1513–0073.                       27 CFR part 28, proprietors and
                                                  Type of Review: Extension without                    drawback claimants are required to                    AGENCY:  Departmental Offices, U.S.
                                               change of a currently approved                          maintain record copies of all pertinent               Department of the Treasury.
                                               collection.                                             forms and commercial records that                     ACTION: Request for comments.
                                                  Abstract: The Internal Revenue Code                  document the exportation of non-
                                               (IRC) at 26 U.S.C. 5001 imposes a                       taxpaid alcohol beverages and the                     SUMMARY:    Pursuant to the Terrorism
                                               Federal excise tax of $13.50 per proof                  exportation of taxpaid alcohol beverages              Risk Insurance Act of 2002 (TRIA),1 the
                                               gallon on distilled spirits produced or                 for which drawback will be claimed,                   Federal Insurance Office (FIO) requests
                                               imported into the United States.                        and such records must be maintained                   public feedback on the proposed
                                               However, the IRC at 26 U.S.C. 5111–                     for not less than 3 years.                            consolidation of the separate federal and
                                               5114, allows manufacturers of certain                      Form: None.                                        state data calls regarding terrorism risk
                                               nonbeverage products that are unfit for                    Affected Public: Businesses or other               insurance, and the proposed data
                                               beverage use—medicines, medicinal                       for-profits.                                          collection forms for use in the 2018 data
                                               preparations, food products, flavors,                      Estimated Total Annual Burden                      call. Copies of these forms and
                                               flavoring extracts, or perfume—to claim                 Hours: 750.                                           associated explanatory materials
                                               drawback (refund) of all but $1.00 per                     Title: Administrative Remedies—                    (including a document identifying
                                               proof gallon of the excise tax paid on                  Requests for Closing Agreements.                      specific changes to the reporting
                                               the distilled spirits used in the                          OMB Control Number: 1513–0099.                     templates and instructions as previously
                                               production of such products. Under                         Type of Review: Extension without                  used by Treasury) are available for
                                               these IRC authorities, TTB has issued                   change of a currently approved                        electronic review on the Treasury Web
                                               regulations governing nonbeverage                       collection.                                           site at https://www.treasury.gov/
                                               product drawback claims, contained in                      Abstract: The IRC, at 26 U.S.C. 7121,              resource-center/fin-mkts/Pages/
                                               27 CFR part 17, which includes a                        authorizes the Secretary of the Treasury              program.aspx. State insurance
                                               requirement to keep source records                      to enter into a written agreement with                regulators, through the National
                                               supporting such claims. The required                    any person relating to the liability of               Association of Insurance Commissioners
                                               source records include information                      such person (or of the person or estate               (NAIC), will also be separately seeking
                                               about distilled spirits received, gauge                 for whom he or she acts) in respect to                comment from stakeholders on the
                                               records, evidence of taxes paid, the date               any internal revenue tax for any taxable              proposal.
                                               spirits were used, the quantity and kind                period. That IRC section also states that             DATES: Submit comments on or before
                                               used in each product, receipt and usage                 such agreements, once approved, are                   January 29, 2018.
                                               of other ingredients (to validate formula               final and conclusive, unless it is shown              ADDRESSES: Submit comments
                                               compliance), inventory records, records                 that the taxpayer exhibited fraud or                  electronically through the Federal
                                               of recovered alcohol, the quantity of                   malfeasance, or misrepresented a                      eRulemaking Portal: http://
                                               intermediate products transferred to                    material fact. Under its delegated                    www.regulations.gov, or by mail to the
                                               other plants, the disposition of each                   authority, TTB has issued regulations at              Federal Insurance Office, Attn: Richard
                                               nonbeverage product produced, and the                   27 CFR 70.485 pertaining to such                      Ifft, Room 1410 MT, Department of the
                                               purchasers (except for retail sales).                   ‘‘closing agreements.’’ Specific to this              Treasury, 1500 Pennsylvania Avenue
                                               These records are necessary to protect                  information collection, the regulation                NW., Washington, DC 20220. Because
                                               the revenue; the required records help                  requires a taxpayer or their agent to                 postal mail may be subject to processing
                                               prevent fraudulent claims and the                       submit a written request to TTB to enter              delays, it is recommended that
                                               diversion to beverage use of spirits on                 into a closing agreement to resolve                   comments be submitted electronically.
                                               which nonbeverage product drawback is                   certain Federal excise tax matters. TTB               If submitting comments by mail, please
                                               claimed.                                                uses the information collected in such a              submit an original version with two
                                                  Form: None.                                          request and any attached supporting                   copies. Comments concerning the
ethrower on DSK3G9T082PROD with NOTICES




                                                  Affected Public: Businesses or other                 documentation to determine whether                    proposed data collection forms and
                                               for-profits.                                            the Bureau should pursue a closing
                                                  Estimated Total Annual Burden                        agreement with the taxpayer. Closing                    1 Public Law 107–297, 116 Stat. 2322, codified at

                                               Hours: 11,130.                                          agreements allow TTB and a taxpayer to                15 U.S.C. 6701, note. Because the provisions of
                                                                                                                                                             TRIA (as amended) appear in a note, instead of
                                                  Title: Proprietors or Claimants                      resolve tax liability matters prior to any            particular sections, of the United States Code, the
                                               Exporting Liquors.                                      adversarial legal or administrative                   provisions of TRIA are identified by the sections of
                                                  OMB Control Number: 1513–0075.                       proceedings.                                          the law.



                                          VerDate Sep<11>2014   19:51 Nov 27, 2017   Jkt 244001   PO 00000   Frm 00121   Fmt 4703   Sfmt 4703   E:\FR\FM\28NON1.SGM   28NON1


                                                                          Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Notices                                                    56329

                                               collection process should be captioned                  and on a mandatory basis in 2017.6                    compensation rating bureaus, and those
                                               with ‘‘2018 TRIP Data Collection                        Treasury also arranged in 2017 for                    entities have agreed to provide that
                                               Comments.’’ Please include your name,                   workers’ compensation rating bureaus to               information on behalf of participating
                                               group affiliation, address, email address,              provide most of the workers’                          insurers. Treasury has determined,
                                               and telephone number(s) in your                         compensation insurance data elements.7                however, that all other data components
                                               comment. Where appropriate, a                           31 CFR 50.51 requires insurers to                     remain unavailable from other sources.
                                               comment should include a short                          submit the specified data no later than               Accordingly, Treasury will continue to
                                               Executive Summary (no more than five                    May 15 of each calendar year. Treasury,               request this remaining data and
                                               single-spaced pages).                                   through an insurance statistical                      information directly from insurers.
                                                                                                       aggregator, uses a web portal through                 However, Treasury’s analysis indicates
                                               FOR FURTHER INFORMATION CONTACT:
                                                                                                       which insurers must submit the                        that the proposed consolidated
                                               Richard Ifft, Senior Insurance                          requested data. All information                       approach for the 2018 data call will
                                               Regulatory Policy Analyst, Federal                      submitted via the web portal is subject               result in a significant reduction in
                                               Insurance Office, Room 1410 MT,                         to the confidentiality and data                       overall data collection burdens for
                                               Department of the Treasury, 1500                        protection provisions of applicable                   participating insurers.
                                               Pennsylvania Avenue NW., Washington,                    federal law.                                            After coordinating with state
                                               DC 20220, at (202) 622–2922 (not a toll-                   State insurance regulators also began              insurance regulators, Treasury again
                                               free number), Lindsey Baldwin, Senior                   annually collecting data relating to                  proposes to use four different data
                                               Policy Analyst, Federal Insurance                       terrorism risk insurance in 2016. The                 collection templates (see 31 CFR
                                               Office, at (202) 622–3220 (not a toll free              state insurance regulator data calls have             50.51(c)), depending upon the type of
                                               number), or Kevin Meehan, Senior                        sought information similar to that                    insurer involved. Insurers will fill out
                                               Insurance Regulatory Policy Analyst,                    collected by Treasury, although in some               the template identified ‘‘Insurer (Non-
                                               Federal Insurance Office, at (202) 622–                 cases on a more detailed, granular basis.             Small) Groups or Companies,’’ unless
                                               7009 (not a toll-free number). Persons                  Given the similarity of the information               the insurer meets the definition of a
                                               who have difficulty hearing or speaking                 sought, and the burden presented to                   small insurer, captive insurer, or alien
                                               may access these numbers via TTY by                     insurers by the existence of dual data                surplus lines insurer as set forth in 31
                                               calling the toll-free Federal Relay                     calls on the same subject, Treasury and               CFR 50.4. Such small insurers, captive
                                               Service at (800) 877–8339.                              state insurance regulators have sought to             insurers, and alien surplus lines
                                               SUPPLEMENTARY INFORMATION:                              create a consolidated data call for 2018              insurers are required to complete
                                                                                                       that will satisfy each of their respective            separate tailored templates. Each
                                               I. Background and Proposed                              objectives. For the 2018 data call,                   template will be accompanied by
                                               Consolidated Approach                                   Treasury and state insurance regulators               separate instructions providing
                                                                                                       have agreed on joint reporting templates              guidance on each data element.
                                                 TRIA created the Terrorism Risk                                                                               There are four global changes to the
                                                                                                       substantially similar to those used by
                                               Insurance Program (Program) within the                                                                        proposed reporting templates for 2018.
                                                                                                       Treasury in prior years, subject to minor
                                               U.S. Department of the Treasury                         changes based upon experience gained                  First, all reporting templates will now
                                               (Treasury) to address disruptions in the                from the 2017 data call, coordination                 include a standalone cyber insurance
                                               market for terrorism risk insurance, to                 with state insurance regulators and the               worksheet. Second, the reinsurance
                                               help ensure the continued availability                  NAIC, and feedback from participating                 worksheet that is required for non-small
                                               and affordability of commercial                         insurers. The most significant changes                insurers, alien surplus lines insurers,
                                               property and casualty insurance for                     are identified below.                                 and captive insurers will include a new
                                               terrorism risk, and to allow for the                       Insurers subject to the consolidated               modeled loss question.8 Third, the
                                               private markets to stabilize and build                  data call will report on a group basis, if            exposures worksheet (required for all
                                               insurance capacity to absorb any future                 part of a group, and otherwise will                   insurers) will request information
                                               losses for terrorism events. The Program                report on an individual company basis.                concerning policyholder deductibles
                                               has been reauthorized on a number of                    Insurers with property exposures will                 and retention amounts, in addition to
                                               occasions, most recently in the                         also be required to submit to state                   insurer exposure under policies subject
                                               Terrorism Risk Insurance Program                        insurance regulators, on an individual                to the Program. Fourth, the reporting
                                               Reauthorization Act of 2015 (2015                       company basis, an additional                          templates no longer seek premium
                                               Reauthorization Act).2 Section 111 of                   supplement focusing on the property                   information on terrorism risk insurance
                                               the 2015 Reauthorization Act 3 (Section                 lines of insurance subject to the                     for years prior to the reporting period.9
                                               111) requires the Secretary of the                      Program. This supplement calls for data               In addition to these four changes, the
                                               Treasury (Secretary) to perform periodic                with respect to geographic exposures by               instructions for each reporting template
                                               analyses of certain matters concerning                  ZIP Code.                                             will contain clarifications on how to
                                               the Program. In order to assist the                                                                           report specific data elements.
                                               Secretary with this process, Section 111                II. Changes to Data Collection
                                                                                                       Templates                                               There are also a number of changes
                                               requires insurers to submit on an annual                                                                      for specific insurer categories. For the
                                               basis certain insurance data and                           Pursuant to Section 111 of the 2015                2018 data call (requesting insurer data
                                               information regarding their                             Reauthorization Act, Treasury has                     for calendar year 2017), an insurer will
                                               participation in the Program. FIO is                    coordinated with publicly available                   qualify as a small insurer if it had both
                                               authorized to assist the Secretary in the               sources to collect information for the                2016 policyholder surplus and 2016
                                               administration of the Program.4                         2018 data call. Information relating to               direct earned premium in the TRIP-
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                                                 Treasury began collecting data from                   workers’ compensation exposures is
                                               insurers in 2016 on a voluntary basis,5                 available from the workers’                             8 Small insurers complete a separate reinsurance

                                                                                                                                                             worksheet that does not contain a modeled loss
                                                                                                          6 A reporting exemption was extended to small      question.
                                                 2 Public Law 114–1, 129 Stat. 3.                      insurers that wrote less than $10 million in TRIP-      9 For purposes of future reports, Treasury will use
                                                 3 TRIA sec. 104(h).                                   eligible lines premium in 2016. See 81 FR 95310       the information received during the 2017 data call,
                                                 4 31 U.S.C. 313(c)(1)(D).                             (December 27, 2016); 82 FR 20420 (May 1, 2017).       and continue to update this information over time
                                                 5 81 FR 11649 (March 4, 2016).                           7 82 FR 20420 (May 1, 2017).                       as subsequent data calls are completed.



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                                               56330                      Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Notices

                                               eligible lines of insurance of less than                basis), except with respect to property                Treasury intends to provide training and
                                               $700 million.10 Small insurers that had                 coverages. For property coverages,                     provide additional resources throughout
                                               TRIP-eligible direct earned premium of                  insurers will also provide additional                  the data collection period to facilitate
                                               less than $10 million in 2017 will be                   reporting on an individual company                     the proper completion of reporting
                                               exempt from the 2018 consolidated                       basis in a property supplement                         templates.
                                               TRIP data call.11 Neither captive                       submitted solely to state insurance                      To permit greater flexibility in the
                                               insurers nor alien surplus lines insurers               regulators. As noted above, state                      submission of data, Treasury will permit
                                               are eligible for this reporting exemption.              insurance regulators will provide their                the submission of completed reporting
                                                  In addition to the global changes                    own guidance regarding the submission                  templates in .csv file format, consistent
                                               identified above, small insurers will be                of data for the state property                         with the format currently used by state
                                               required to report additional                           supplement.                                            insurance regulators. Treasury will
                                               information on standalone terrorism                        In addition to the global changes                   provide further guidance on how this
                                               policies (in addition to the new                        identified above, captive insurers will                can be accomplished in a later notice or
                                               standalone cyber insurance policy                       no longer be required to complete a                    web posting. Responding companies
                                               worksheet). In addition, small insurers                 separate worksheet for workers’                        may also continue to report using the
                                               will now report their largest estimated                 compensation deductible policies, as                   templates (in Excel format) used in prior
                                               probable maximum loss at a single                       this information will now be collected                 years.
                                               location, and the ZIP code of that                      on the general premium worksheet.                        Reporting under the 2018 data call
                                               location, on the reinsurance worksheet.                 Captive insurers are defined in 31 CFR                 will be mandatory for all commercial
                                               Insurers defined as small insurers for                  50.4(g) as insurers licensed under the                 property and casualty insurers writing
                                               the 2018 data call will report the same                 captive insurance laws or regulations of               insurance in lines subject to TRIA,
                                               information to Treasury (on a group                     any state. As in 2017, captive insurers                unless the insurer falls within the
                                               basis) and state insurance regulators                   that write policies in TRIP-eligible lines             exceptions for certain small insurers
                                               (also on a group basis), except with                    of insurance are required to report in                 and captive insurers identified above.
                                               respect to property coverages, for which                2018, unless they do not provide their                 IV. Request for Comments
                                               insurers will also provide additional                   insureds with any terrorism risk
                                                                                                                                                                To ensure efficient and accurate
                                               reporting on an individual company                      insurance subject to the Program.
                                                                                                                                                              completion of the forms, Treasury is
                                               basis in the property supplement                           The reporting template for alien
                                                                                                                                                              requesting public feedback on the
                                               submitted solely to state insurance                     surplus lines insurers does not contain
                                                                                                                                                              content of the 2018 data call reporting
                                               regulators. State insurance regulators                  changes, other than the global changes
                                                                                                                                                              templates, and the consolidated
                                               will provide their own guidance                         identified above. Alien surplus lines
                                                                                                                                                              approach to the separate federal and
                                               regarding the submission of data for the                insurers are defined in 31 CFR
                                                                                                                                                              state reporting outlined in this Request
                                               state property supplement.                              50.4(o)(1)(i)(B) as insurers not licensed
                                                                                                                                                              for Comments. The proposed forms are
                                                  In addition to the global changes                    or admitted to engage in the business of
                                                                                                                                                              available for review at https://
                                               identified above, non-small insurers                    providing primary or excess insurance
                                                                                                                                                              www.treasury.gov/resource-center/fin-
                                               will no longer be required to complete                  in any state, but that are eligible surplus
                                                                                                                                                              mkts/Pages/program.aspx.
                                               a separate worksheet on package/multi-                  line insurers listed on the NAIC
                                               line policies. The non-small insurer                    Quarterly Listing of Alien Insurers.                   V. Procedural Requirements
                                               template should be completed by                         Alien surplus lines insurers that are part                Paperwork Reduction Act. The
                                               insurance groups (or individual insurers                of a larger group classified as a non-                 collection of information contained in
                                               not affiliated with a group) that had                   small insurer or a small insurer should                this notice will be submitted to the
                                               either a 2016 policyholder surplus or                   report as part of the group, using the                 Office of Management and Budget
                                               2016 direct earned premium in the                       appropriate template. Therefore, the                   (OMB) for review under the
                                               TRIP-eligible lines of insurance equal to               alien surplus lines insurer template                   requirements of the Paperwork
                                               or greater than $700 million, and are not               should only be used by an alien surplus                Reduction Act, 44 U.S.C. 3507(d).
                                               otherwise captive insurers or alien                     lines insurer that is not part of a larger             Comments should be sent to Treasury in
                                               surplus lines insurers. Insurers defined                group subject to the 2018 data call.                   the form discussed in the ADDRESSES
                                               as non-small insurers for the 2018 data                 Insurers defined as alien surplus lines                section of this notice. Comments on the
                                               call will report the same information to                insurers for the 2018 data call will                   collection of information should be
                                               Treasury (on a group basis) and state                   report their information to Treasury and               received by January 29, 2018.
                                               insurance regulators (also on a group                   provide an identical copy to state                        Comments are being sought with
                                                                                                       insurance regulators.12                                respect to the collection of information
                                                  10 Small insurers are defined in 31 CFR 50.4(z) as
                                                                                                       III. Submission of Data                                in the proposed Terrorism Risk
                                               insurers (or an affiliated group of insurers) whose
                                               policyholder surplus for the immediately preceding                                                             Insurance Program 2018 data call.
                                               year is less than five times the Program Trigger for
                                                                                                         Following registration with the data                 Treasury specifically invites comments
                                               the current year, and whose TRIP-eligible lines         aggregator, all insurers will be provided              on: (a) Whether the proposed collection
                                               direct earned premium for the previous year is also     with the appropriate reporting templates               is responsive to the statutory
                                               five times less than the Program Trigger.               for completion. Insurers will be required
                                               Accordingly, for the 2018 data call, an insurer                                                                requirement; (b) the accuracy of the
                                               qualifies as a small insurer if its 2016 policyholder
                                                                                                       to submit the completed reporting                      estimate of the burden of the collections
                                               surplus and 2016 direct earned premium are less         templates through a secure web portal                  of information (see below); (c) ways to
                                               than five times the 2017 Program Trigger of $140        provided by the data aggregator. All data              enhance the quality, utility, and clarity
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                                               million.                                                must be provided no later than May 15,
                                                  11 To the extent an insurer with less than this                                                             of the information collection; (d) ways
                                                                                                       2018, which will also be the reporting                 to use automated collection techniques
                                               level of TRIP-eligible lines direct earned premium
                                               is part of a larger group that is required to report,   deadline for state insurance regulators.               or other forms of information
                                               the insurer must report as part of the group as a                                                              technology; and (e) estimates of capital
                                               whole, even if it is under the $10,000,000 direct          12 For 2017, state insurance regulators collected

                                               earned premium threshold on an individual basis.        terrorism risk insurance data from alien surplus
                                                                                                                                                              or start-up costs and costs of operation,
                                               Individual company information for such entities        lines insurers through the NAIC’s International        maintenance, and purchase of services
                                               must also be reported to state insurance regulators.    Insurers Department (IID).                             to maintain the information.


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                                                                          Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Notices                                                56331

                                                  Treasury previously analyzed the                     each per captive insurer or alien surplus               Title: VA FORM 26–0785, Lender’s
                                               potential burdens associated with the                   lines insurer.                                        Staff Appraisal Reviewer (SAR)
                                               2017 data call. See 81 FR 95310, 95312                                                                        Application.
                                                                                                       Steven E. Seitz,
                                               (December 27, 2016). The information                                                                            OMB Control Number: 2900–0658.
                                                                                                       Deputy Director, Federal Insurance Office.              Type of Review: Extension of a
                                               sought by Treasury comprises data
                                                                                                       [FR Doc. 2017–25402 Filed 11–27–17; 8:45 am]          currently approved collection.
                                               elements that insurers currently collect
                                               or generate, although not necessarily                   BILLING CODE 4810–25–P                                  Abstract: Title 38 U.S.C. 3702(d)
                                               grouped together the way in which                                                                             authorizes VA to establish standards for
                                               insurers currently collect and evaluate                                                                       lenders making automatically
                                               the data. Based upon insurer                                                                                  guaranteed loans and 38 CFR 36.4344
                                                                                                       DEPARTMENT OF VETERANS                                establishes requirements and
                                               submissions to the 2017 data call,                      AFFAIRS
                                               Treasury estimates that for purposes of                                                                       procedures for lenders in being
                                                                                                                                                             approved to perform the functions
                                               the 2018 data call, approximately 100                   [OMB Control No. 2900–0658]                           under the Lender Appraisal Processing
                                               Program participants will be required to
                                                                                                                                                             Program (LAPP).
                                               submit the ‘‘Insurer (Non-Small) Groups                 Agency Information Collection Activity                  An agency may not conduct or
                                               or Companies’’ data collection form, 200                Under OMB Review: Lender’s Staff                      sponsor, and a person is not required to
                                               Program participants will be required to                Appraisal Reviewer (SAR) Application                  respond to a collection of information
                                               submit the ‘‘Small Insurer’’ form, 400                                                                        unless it displays a currently valid OMB
                                               Program participants will be required to                AGENCY: Loan Guaranty Service,
                                                                                                       Department of Veterans Affairs.                       control number. The Federal Register
                                               submit the ‘‘Captive Insurer’’ form, and                                                                      Notice with a 60-day comment period
                                               25 Program participants will be required                ACTION: Notice.
                                                                                                                                                             soliciting comments on this collection
                                               to submit the ‘‘Alien Surplus Lines                     SUMMARY:   In compliance with the                     of information was published at 82 FR
                                               Insurers’’ form.                                        Paperwork Reduction Act (PRA) of                      38759 on August 15, 2017, pages 38759–
                                                  Each set of reporting templates is                   1995, this notice announces that the                  38760.
                                               expected to incur a different level of                  Loan Guaranty Service, Department of                    Affected Public: Individuals
                                               burden. The changes to the proposed                     Veterans Affairs, will submit the                     (employees of lenders making
                                               data reporting elements in 2018 are not                 collection of information abstracted                  applications).
                                               anticipated to have a material impact on                below to the Office of Management and                   Estimated Annual Burden: 200 hours.
                                               Treasury’s prior burden estimates.                      Budget (OMB) for review and comment.                    Estimated Average Burden per
                                                                                                       The PRA submission describes the                      Respondent: 5 minutes.
                                               Treasury anticipates approximately 75
                                                                                                       nature of the information collection and                Frequency of Response: On occasion.
                                               hours will be required to collect,
                                                                                                       its expected cost and burden and it                     Estimated Number of Respondents:
                                               process, and report the data for each
                                                                                                       includes the actual data collection                   2,400 per year.
                                               non-small insurer, approximately 25
                                               hours will be required to collect,                      instrument.                                             By direction of the Secretary.
                                               process, and report data for each small                 DATES: Comments must be submitted on                  Cynthia Harvey-Pryor,
                                               insurer, and 50 hours will be required                  or before December 28, 2017.                          Department Clearance Officer, Office of
                                               to collect, process, and report data for                                                                      Quality, Privacy and Risk, Department of
                                                                                                       ADDRESSES: Submit written comments
                                                                                                                                                             Veterans Affairs.
                                               each captive insurer and alien surplus                  on the collection of information through
                                                                                                                                                             [FR Doc. 2017–25593 Filed 11–27–17; 8:45 am]
                                               lines insurer. Due to the proposed                      www.Regulations.gov, or to Office of
                                                                                                                                                             BILLING CODE 8320–01–P
                                               consolidation of the separate federal and               Information and Regulatory Affairs,
                                               state data calls, however, the total                    Office of Management and Budget, Attn:
                                               burden upon reporting insurers overall                  VA Desk Officer; 725 17th St. NW.,
                                                                                                                                                             DEPARTMENT OF VETERANS
                                               (once state and federal obligations are                 Washington, DC 20503 or sent through
                                                                                                                                                             AFFAIRS
                                               accounted for) will be materially                       electronic mail to oira_submission@
                                               reduced for most insurers.                              omb.eop.gov. Please refer to ‘‘OMB                    Advisory Committee Charter Renewals
                                                                                                       Control No. 2900–0658’’ in any
                                                  Assuming this breakdown, and when                                                                          AGENCY:  Department of Veterans Affairs.
                                                                                                       correspondence.
                                               applied to the number of reporting
                                                                                                       FOR FURTHER INFORMATION CONTACT:                      ACTION: Notice of advisory committee
                                               insurers anticipated in light of the
                                                                                                       Cynthia Harvey-Pryor, Office of Quality,              charter renewals.
                                               experience of the 2017 data call, the
                                               estimated annual burden would be                        Privacy and Risk (OQPR), Department of                SUMMARY:    In accordance with the
                                               33,750 hours ((100 insurers × 75 hours)                 Veterans Affairs, 810 Vermont Avenue                  provisions of the Federal Advisory
                                               + (200 insurers × 25 hours) + (400                      NW., Washington, DC 20420, (202) 461–                 Committee Act (FACA) and after
                                               insurers × 50 hours) + (25 insurers × 50                5870 or email cynthia.harvey-pryor@                   consultation with the General Services
                                               hours)). At a blended, fully loaded                     va.gov.                                               Administration, the Secretary of
                                                                                                         Please refer to ‘‘OMB Control No.                   Veterans Affairs has renewed the charter
                                               hourly rate of $85, the cost would be
                                                                                                       2900–0658’’ in any correspondence.                    for the following statutorily authorized
                                               $2,868,750 across the industry as a
                                               whole, or $6,375 per non-small insurer,                 SUPPLEMENTARY INFORMATION:                            Federal advisory committee for a two-
                                               $2,125 per small insurer, and $4,250                      Authority: Public Law 104–13; 44 U.S.C.             year period, beginning on the date listed
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                                                                                                       3501–3521.                                            below:

                                                      Committee name                                                     Committee description                                         Charter renewed on

                                               Advisory Committee on       Provides advice to the Secretary on the administration of national cemeteries, Soldiers’                   August 16, 2017.
                                                 Cemeteries and Memorials.   lots and plots, the selection of cemetery sites, the erection of appropriate memorials,
                                                                             and the adequacy of Federal burial benefits.




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Document Created: 2017-11-28 01:51:10
Document Modified: 2017-11-28 01:51:10
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
ActionRequest for comments.
DatesSubmit comments on or before January 29, 2018.
ContactRichard Ifft, Senior Insurance Regulatory Policy Analyst, Federal Insurance Office, Room 1410 MT, Department of the Treasury, 1500 Pennsylvania Avenue NW., Washington, DC 20220, at (202) 622-2922 (not a toll-free number), Lindsey Baldwin, Senior Policy Analyst, Federal Insurance Office, at (202) 622-3220 (not a toll free number), or Kevin Meehan, Senior Insurance Regulatory Policy Analyst, Federal Insurance Office, at (202) 622-7009 (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 56328 

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