83_FR_11867 83 FR 11815 - 2018 Report on the Effectiveness of the Terrorism Risk Insurance Program

83 FR 11815 - 2018 Report on the Effectiveness of the Terrorism Risk Insurance Program

DEPARTMENT OF THE TREASURY

Federal Register Volume 83, Issue 52 (March 16, 2018)

Page Range11815-11816
FR Document2018-05433

The Terrorism Risk Insurance Program Reauthorization Act of 2015 (Reauthorization Act), which extended and amended certain provisions of the Terrorism Risk Insurance Program (TRIP or Program), requires the Secretary of the Treasury (Secretary) to submit a report to Congress by June 30, 2018 concerning, in general, the overall effectiveness of TRIP. To assist the Secretary in formulating the report, the Federal Insurance Office (FIO) within the Department of the Treasury (Treasury) is seeking comments from the industry and other stakeholders on the statutory factors that the report must analyze, as well as any other feedback about the effectiveness of TRIP.

Federal Register, Volume 83 Issue 52 (Friday, March 16, 2018)
[Federal Register Volume 83, Number 52 (Friday, March 16, 2018)]
[Notices]
[Pages 11815-11816]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05433]


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DEPARTMENT OF THE TREASURY


2018 Report on the Effectiveness of the Terrorism Risk Insurance 
Program

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

ACTION: Request for comment.

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SUMMARY: The Terrorism Risk Insurance Program Reauthorization Act of 
2015 (Reauthorization Act), which extended and amended certain 
provisions of the Terrorism Risk Insurance Program (TRIP or Program), 
requires the Secretary of the Treasury (Secretary) to submit a report 
to Congress by June 30, 2018 concerning, in general, the overall 
effectiveness of TRIP. To assist the Secretary in formulating the 
report, the Federal Insurance Office (FIO) within the Department of the 
Treasury (Treasury) is seeking comments from the industry and other 
stakeholders on the statutory factors that the report must analyze, as 
well as any other feedback about the effectiveness of TRIP.

DATES: Submit comments on or before April 30, 2018.

ADDRESSES: Submit comments electronically through the Federal 
eRulemaking Portal at http://www.regulations.gov, in accordance with 
the instructions on that site, 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 2018 
report on the effectiveness of the Terrorism Risk Insurance Program 
should be captioned with ``2018 TRIP Effectiveness Report.'' In 
general, Treasury will post all comments to www.regulations.gov without 
change, including any business or personal information provided such as 
names, addresses, email addresses, or telephone numbers. All comments, 
including attachments and other supporting materials, are part of the 
public record and subject to public disclosure. You should submit only 
information that you wish to make available publicly. Where 
appropriate, a comment should include a short Executive Summary (no 
more than five single-spaced pages).
    Additional Instructions. Responses should also include: (1) The 
data or rationale, including examples, supporting any opinions or 
conclusions; and (2) any specific legislative, administrative, or 
regulatory proposals for carrying out recommended approaches or 
options.

FOR FURTHER INFORMATION CONTACT: Richard Ifft, Senior Insurance 
Regulatory Policy Analyst, Federal Insurance Office, (202) 622-2922 
(this is not a toll-free number) or Lindsey Baldwin, Senior Policy 
Analyst, Federal Insurance Office, (202) 622-3220 (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

    The Terrorism Risk Insurance Act of 2002, as amended (TRIA), 
requires participating insurers to make insurance available for losses 
resulting from acts of terrorism, and provides a federal government 
backstop for the insurers' resulting financial exposure. TRIA 
established TRIP within Treasury, and the Program is administered by 
the Secretary with the assistance of FIO. Section 111 of the 
Reauthorization Act (Pub. L. 114-1) requires the Secretary to prepare 
and submit reports to the Committee on Financial Services of the House 
of Representatives and the Committee on Banking, Housing, and Urban 
Affairs of the Senate on, among other things, the impact and 
effectiveness of TRIP. The report which is to be submitted by June 30, 
2018 will also include an analysis of information that is being 
collected by Treasury through the 2018 TRIP Data Call,\1\

[[Page 11816]]

which will gather certain data appropriate to analyze the effectiveness 
of TRIP.
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    \1\ The proposed data collection for Calendar Year 2018 that 
Treasury will use in analyzing the Program has been described by 
Treasury in a separate notice. 82 FR 56328 (November 28, 2017). 
Treasury will also discuss the results of the prior 2017 TRIP Data 
Call in this report on the effectiveness of the Program.
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II. Solicitation for Comments

    The Section 111 factors that must be considered in the report and 
on which Treasury seeks comments include:
    1. The overall effectiveness of TRIP;
    2. Any changes or trends you have observed relating to the data 
Treasury is collecting under Section 111 of the Reauthorization Act;
    3. Whether any aspects of TRIP have the effect of discouraging or 
impeding insurers from providing commercial property casualty insurance 
coverage or coverage for acts of terrorism; and
    4. Any impact of TRIP on workers' compensation insurers in 
particular. Collecting information and views via this request for 
comments on the matters that must be addressed in the report will 
enhance the accuracy and value of the report to Congress, by offering 
qualitative feedback that may not be otherwise observable through the 
results of the TRIP Data Calls. Comments from insurers that are 
otherwise providing data, from other stakeholders, and from the public 
at large will assist the Secretary in the formulation of the report. In 
addition to comments on the above statutory factors, Treasury also 
seeks comments on:
    5. The availability and affordability of terrorism risk insurance 
coverage, both nationally and in particular geographic areas;
    6. Whether any lines of insurance or coverages within certain lines 
of insurance currently subject to the Program do not require the 
support of TRIP;
    7. The market for standalone terrorism risk insurance that is 
written outside of TRIP, the reasons such coverage is offered and 
obtained, and whether the existence of such insurance provides any 
insights into the effectiveness of the Program;
    8. The availability and affordability of private reinsurance, or 
capital markets support, for terrorism risk insurance exposures (both 
those which are currently subject to support under TRIP as well as 
those otherwise held by insurers participating in TRIP);
    9. The extent to which reinsurance for terrorism risk is being 
obtained as part of catastrophe reinsurance programs generally, the 
reasons for this, and how if at all this has affected market capacity 
for terrorism risk reinsurance generally;
    10. Any factors that impede private reinsurance or capital markets 
support for terrorism risk insurance;
    11. The availability of terrorism risk insurance coverage for 
losses arising from nuclear, biological, chemical, or radiological 
(NBCR) exposures, and the availability of private reinsurance or 
capital markets support for such terrorism risk insurance;
    12. Terrorism risk insurance issues presented by cyber-related 
losses, the impact of TRIP in connection with such exposures, and any 
reforms that would encourage the take up of insurance for cyber-related 
losses arising from acts of terrorism within the meaning of TRIA; \2\
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    \2\ Treasury has previously addressed the application of TRIP to 
policies covering cyber-related losses. 81 FR 95312 (December 27, 
2016).
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    13. Private reinsurance or capital markets support for cyber-
related losses arising from acts of terrorism within the meaning of 
TRIA; and
    14. Any other issues relating to TRIP or terrorism risk insurance 
or reinsurance that may be relevant to an assessment of the 
effectiveness of TRIP in the report.

    Dated: March 12, 2018.
Steven E. Seitz,
Deputy Director, Federal Insurance Office.
[FR Doc. 2018-05433 Filed 3-15-18; 8:45 am]
 BILLING CODE 4810-25-P



                                                                               Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Notices                                                   11815

                                               with a streamlined front coupler cover                  submitting the comment (or signing the                on the effectiveness of the Terrorism
                                               for improved aerodynamic and esthetic                   document, if submitted on behalf of an                Risk Insurance Program should be
                                               purposes. BLF will use the front coupler                association, business, labor union, etc.).            captioned with ‘‘2018 TRIP
                                               for rescue purposes only, and proposes                  Under 5 U.S.C. 553(c), DOT solicits                   Effectiveness Report.’’ In general,
                                               to remove the coupler cover at 184-day                  comments from the public to better                    Treasury will post all comments to
                                               inspection intervals as required by 49                  inform its processes. DOT posts these                 www.regulations.gov without change,
                                               CFR 229.23 (b)(1). During the daily                     comments, without edit, including any                 including any business or personal
                                               inspection the front coupler will be                    personal information the commenter                    information provided such as names,
                                               visually inspected as best as possible                  provides, to www.regulations.gov, as                  addresses, email addresses, or telephone
                                               from the bottom. The nose cone will not                 described in the system of records                    numbers. All comments, including
                                               be removed unless the bottom visual                     notice (DOT/ALL–14 FDMS), which can                   attachments and other supporting
                                               inspection warrants further                             be reviewed at https://                               materials, are part of the public record
                                               investigation based on the requirements                 www.transportation.gov/privacy. See                   and subject to public disclosure. You
                                               of 49 CFR 229.61. If the front coupler is               also https://www.regulations.gov/                     should submit only information that
                                               used in operations prior to the next                    privacyNotice for the privacy notice of               you wish to make available publicly.
                                               daily inspection, the coupler will be                   regulations.gov.                                      Where appropriate, a comment should
                                               completely inspected before the coupler                                                                       include a short Executive Summary (no
                                                                                                       Robert C. Lauby,
                                               cover is replaced.                                                                                            more than five single-spaced pages).
                                                  A copy of the petition, as well as any               Associate Administrator for Railroad Safety              Additional Instructions. Responses
                                               written communications concerning the                   Chief Safety Officer.                                 should also include: (1) The data or
                                               petition, is available for review online at             [FR Doc. 2018–05309 Filed 3–15–18; 8:45 am]           rationale, including examples,
                                               www.regulations.gov and in person at                    BILLING CODE 4910–06–P                                supporting any opinions or conclusions;
                                               the U.S. Department of Transportation’s                                                                       and (2) any specific legislative,
                                               (DOT) Docket Operations Facility, 1200                                                                        administrative, or regulatory proposals
                                               New Jersey Avenue SE, W12–140,                          DEPARTMENT OF THE TREASURY                            for carrying out recommended
                                               Washington, DC 20590. The Docket                                                                              approaches or options.
                                               Operations Facility is open from 9 a.m.                 2018 Report on the Effectiveness of                   FOR FURTHER INFORMATION CONTACT:
                                               to 5 p.m., Monday through Friday,                       the Terrorism Risk Insurance Program                  Richard Ifft, Senior Insurance
                                               except Federal Holidays.                                AGENCY:  Departmental Offices, U.S.                   Regulatory Policy Analyst, Federal
                                                  Interested parties are invited to                    Department of the Treasury.                           Insurance Office, (202) 622–2922 (this is
                                               participate in these proceedings by                                                                           not a toll-free number) or Lindsey
                                                                                                       ACTION: Request for comment.
                                               submitting written views, data, or                                                                            Baldwin, Senior Policy Analyst, Federal
                                               comments. FRA does not anticipate                       SUMMARY:   The Terrorism Risk Insurance               Insurance Office, (202) 622–3220 (not a
                                               scheduling a public hearing in                          Program Reauthorization Act of 2015                   toll free number). Persons who have
                                               connection with these proceedings since                 (Reauthorization Act), which extended                 difficulty hearing or speaking may
                                               the facts do not appear to warrant a                    and amended certain provisions of the                 access these numbers via TTY by calling
                                               hearing. If any interested parties desire               Terrorism Risk Insurance Program (TRIP                the toll-free Federal Relay Service at
                                               an opportunity for oral comment and a                   or Program), requires the Secretary of                (800) 877–8339.
                                               public hearing, they should notify FRA,                 the Treasury (Secretary) to submit a                  SUPPLEMENTARY INFORMATION:
                                               in writing, before the end of the                       report to Congress by June 30, 2018
                                               comment period and specify the basis                    concerning, in general, the overall                   I. Background
                                               for their request.                                      effectiveness of TRIP. To assist the                     The Terrorism Risk Insurance Act of
                                                  All communications concerning these                  Secretary in formulating the report, the              2002, as amended (TRIA), requires
                                               proceedings should identify the                         Federal Insurance Office (FIO) within                 participating insurers to make insurance
                                               appropriate docket number and may be                    the Department of the Treasury                        available for losses resulting from acts of
                                               submitted by any of the following                       (Treasury) is seeking comments from the               terrorism, and provides a federal
                                               methods:                                                industry and other stakeholders on the                government backstop for the insurers’
                                                  • Website: http://                                   statutory factors that the report must                resulting financial exposure. TRIA
                                               www.regulations.gov. Follow the online                  analyze, as well as any other feedback                established TRIP within Treasury, and
                                               instructions for submitting comments.                   about the effectiveness of TRIP.                      the Program is administered by the
                                                  • Fax: 202–493–2251.                                                                                       Secretary with the assistance of FIO.
                                                                                                       DATES: Submit comments on or before
                                                  • Mail: Docket Operations Facility,
                                                                                                       April 30, 2018.                                       Section 111 of the Reauthorization Act
                                               U.S. Department of Transportation, 1200
                                                                                                       ADDRESSES: Submit comments                            (Pub. L. 114–1) requires the Secretary to
                                               New Jersey Avenue SE, W12–140,
                                                                                                       electronically through the Federal                    prepare and submit reports to the
                                               Washington, DC 20590.
                                                                                                                                                             Committee on Financial Services of the
                                                  • Hand Delivery: 1200 New Jersey                     eRulemaking Portal at http://
                                                                                                       www.regulations.gov, in accordance                    House of Representatives and the
                                               Avenue SE, Room W12–140,
                                                                                                       with the instructions on that site, or by             Committee on Banking, Housing, and
                                               Washington, DC 20590, between 9 a.m.
                                                                                                       mail to the Federal Insurance Office,                 Urban Affairs of the Senate on, among
                                               and 5 p.m., Monday through Friday,
                                                                                                       Attn: Richard Ifft, Room 1410 MT,                     other things, the impact and
                                               except Federal Holidays.
                                                  Communications received by April                     Department of the Treasury, 1500                      effectiveness of TRIP. The report which
                                               30, 2018 will be considered by FRA                      Pennsylvania Avenue NW, Washington,                   is to be submitted by June 30, 2018 will
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                                               before final action is taken. Comments                  DC 20220. Because postal mail may be                  also include an analysis of information
                                               received after that date will be                        subject to processing delays, it is                   that is being collected by Treasury
                                               considered if practicable.                              recommended that comments be                          through the 2018 TRIP Data Call,1
                                                  Anyone can search the electronic                     submitted electronically. If submitting                 1 The proposed data collection for Calendar Year
                                               form of any written communications                      comments by mail, please submit an                    2018 that Treasury will use in analyzing the
                                               and comments received into any of our                   original version with two copies.                     Program has been described by Treasury in a
                                               dockets by the name of the individual                   Comments concerning the 2018 report                                                             Continued




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                                               11816                           Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Notices

                                               which will gather certain data                          large will assist the Secretary in the                   10. Any factors that impede private
                                               appropriate to analyze the effectiveness                formulation of the report. In addition to             reinsurance or capital markets support
                                               of TRIP.                                                comments on the above statutory                       for terrorism risk insurance;
                                                                                                       factors, Treasury also seeks comments                    11. The availability of terrorism risk
                                               II. Solicitation for Comments
                                                                                                       on:                                                   insurance coverage for losses arising
                                                 The Section 111 factors that must be                     5. The availability and affordability of           from nuclear, biological, chemical, or
                                               considered in the report and on which                   terrorism risk insurance coverage, both               radiological (NBCR) exposures, and the
                                               Treasury seeks comments include:                        nationally and in particular geographic               availability of private reinsurance or
                                                 1. The overall effectiveness of TRIP;                 areas;                                                capital markets support for such
                                                 2. Any changes or trends you have                                                                           terrorism risk insurance;
                                               observed relating to the data Treasury is                  6. Whether any lines of insurance or
                                                                                                                                                                12. Terrorism risk insurance issues
                                               collecting under Section 111 of the                     coverages within certain lines of
                                                                                                                                                             presented by cyber-related losses, the
                                               Reauthorization Act;                                    insurance currently subject to the
                                                                                                                                                             impact of TRIP in connection with such
                                                 3. Whether any aspects of TRIP have                   Program do not require the support of
                                                                                                                                                             exposures, and any reforms that would
                                               the effect of discouraging or impeding                  TRIP;
                                                                                                                                                             encourage the take up of insurance for
                                               insurers from providing commercial                         7. The market for standalone terrorism             cyber-related losses arising from acts of
                                               property casualty insurance coverage or                 risk insurance that is written outside of             terrorism within the meaning of TRIA; 2
                                               coverage for acts of terrorism; and                     TRIP, the reasons such coverage is                      13. Private reinsurance or capital
                                                 4. Any impact of TRIP on workers’                     offered and obtained, and whether the                 markets support for cyber-related losses
                                               compensation insurers in particular.                    existence of such insurance provides                  arising from acts of terrorism within the
                                               Collecting information and views via                    any insights into the effectiveness of the            meaning of TRIA; and
                                               this request for comments on the                        Program;                                                14. Any other issues relating to TRIP
                                               matters that must be addressed in the                      8. The availability and affordability of           or terrorism risk insurance or
                                               report will enhance the accuracy and                    private reinsurance, or capital markets               reinsurance that may be relevant to an
                                               value of the report to Congress, by                     support, for terrorism risk insurance                 assessment of the effectiveness of TRIP
                                               offering qualitative feedback that may                  exposures (both those which are                       in the report.
                                               not be otherwise observable through the                 currently subject to support under TRIP                 Dated: March 12, 2018.
                                               results of the TRIP Data Calls.                         as well as those otherwise held by                    Steven E. Seitz,
                                               Comments from insurers that are                         insurers participating in TRIP);
                                               otherwise providing data, from other                                                                          Deputy Director, Federal Insurance Office.
                                                                                                          9. The extent to which reinsurance for             [FR Doc. 2018–05433 Filed 3–15–18; 8:45 am]
                                               stakeholders, and from the public at                    terrorism risk is being obtained as part
                                                                                                                                                             BILLING CODE 4810–25–P
                                                                                                       of catastrophe reinsurance programs
                                               separate notice. 82 FR 56328 (November 28, 2017).
                                               Treasury will also discuss the results of the prior
                                                                                                       generally, the reasons for this, and how                2 Treasury has previously addressed the

                                               2017 TRIP Data Call in this report on the               if at all this has affected market capacity           application of TRIP to policies covering cyber-
                                               effectiveness of the Program.                           for terrorism risk reinsurance generally;             related losses. 81 FR 95312 (December 27, 2016).
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Document Created: 2018-03-16 01:11:57
Document Modified: 2018-03-16 01:11:57
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 comment.
DatesSubmit comments on or before April 30, 2018.
ContactRichard Ifft, Senior Insurance Regulatory Policy Analyst, Federal Insurance Office, (202) 622-2922 (this is not a toll-free number) or Lindsey Baldwin, Senior Policy Analyst, Federal Insurance Office, (202) 622-3220 (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 Citation83 FR 11815 

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