6656 Federal Register / Vol. 80, No. 25 / Friday, February 6, 2015 / Rules and Regulations 

1 15 U.S.C. 6701, note. 

2 31 CFR part 50. 

3Public Law 114–1, 129 Stat. 3. 

4 31 CFR 50.7. 

5Public Law 109–144, 119 Stat. 2660. 

6Public Law 110–160, 121 Stat. 1839. 

when the state waives the tentative 

decision, the Assistant Secretary ‘‘shall 

issue a final decision.’’ (29 CFR 

1902.21(b)). 

Decision on Rejecting the State’s Statute 

Pursuant to the procedures set forth in 

29 CFR 1953.6(e) and 1902.22–23, the 

Assistant Secretary has made a final 

decision to reject the Arizona State 

Plan’s statute for fall protection in 

residential construction. Thus, the 

Assistant Secretary rejects the changes 

to Arizona’s State Plan prescribed by 

Title 23, chapter 2, article 13, section 

01, Arizona Revised Statutes (A.R.S. 23– 

492.01) under 29 CFR 1953.6(e) and 

1902.22, and now publishes that 

decision in the Federal Register 

pursuant to 29 CFR 1902.23. This 

rejection excludes the changes 

prescribed by A.R.S. 23–492.01 from the 

Arizona State Plan. The Assistant 

Secretary is deferring decision on the 

simultaneously proposed action of 

reconsidering the State Plan’s final 

approval. This deferral is pending 

Arizona’s expected repeal of the rejected 

statute and subsequent enforcement of a 

standard at least as effective as OSHA’s 

standard. The Assistant Secretary’s 

decision to reject the state statute is 

based upon the facts determined by 

OSHA in monitoring the Arizona State 

Plan and a comparative review of 

Arizona’s statute and OSHA’s standard, 

and was reached after opportunity for 

public comment. 

Effect of the Decision 

SB 1307 contains a conditional repeal 

provision stating that if OSHA does 

reject the state statute, and publishes 

that decision in the Federal Register 

pursuant to 29 CFR 1902.23, then A.R.S. 

23–492 is repealed by operation of law 

(SB 1307 Sec. 7). Therefore, the 

expected effect of the Assistant 

Secretary’s decision to reject Arizona’s 

statute covering fall protection in 

residential construction is that ADOSH 

will revert to enforcing 29 CFR part 

1926, subpart M. The Assistant 

Secretary will defer the decision on 

reconsideration to allow the state time 

to implement and begin enforcement of 

STD 03–11–002. OSHA will continue to 

monitor the State Plan, specifically 

enforcement activities in residential 

construction, to confirm that ADOSH is 

implementing and enforcing subpart M, 

or an at least as effective alternative, in 

an at least as effective manner. The lack 

of any such implementation or 

enforcement would leave a gap in the 

State’s enforcement program for 

construction, but if the State Plan 

retained its final approval, neither the 

State Plan nor OSHA could cover that 

gap. Any such gap in the State Plan’s 

enforcement program would serve as the 

basis for the Assistant Secretary’s 

reconsideration of 18(e) final approval 

status. At this time, the Assistant 

Secretary is deferring the decision on 

reconsideration pending the state’s 

enforcement of subpart M. 

Authority and Signature 

David Michaels, Ph.D., MPH, 

Assistant Secretary of Labor for 

Occupational Safety and Health, U.S. 

Department of Labor, 200 Constitution 

Ave. NW., Washington, DC, authorized 

the preparation of this document. OSHA 

is issuing this document under the 

authority specified by Section 18 of the 

Occupational Safety and Health Act of 

1970 (29 U.S.C. 667), Secretary of 

Labor’s Order No. 1–2012 (77 FR 3912), 

and 29 CFR parts 1902 and 1953. 

Signed in Washington, DC, on January 30, 

2015. 

David Michaels, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. 2015–02302 Filed 2–5–15; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF THE TREASURY 

31 CFR Part 50 

Interim Guidance Concerning the 

Terrorism Risk Insurance Program 

Reauthorization Act of 2015 

AGENCY: Department of the Treasury, 

Departmental Offices. 

ACTION: Notice of interim guidance. 

SUMMARY: This notice provides interim 

guidance concerning the Terrorism Risk 

Insurance Program (Program) under the 

Terrorism Risk Insurance Act of 2002, as 

amended (TRIA). In this notice, the 

Department of the Treasury (Treasury) 

addresses issues that have arisen under 

Treasury’s regulations for the Program 

(Program regulations) due to the 

enactment of the Terrorism Risk 

Insurance Program Reauthorization Act 

of 2015 (2015 Reauthorization Act). 

DATES: February 4, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Kevin K. Meehan, Policy Advisor, 

Federal Insurance Office, 202–622– 

7009; Thomas E. Scanlon, Senior 

Counsel, Office of General Counsel 

(Banking and Finance), 202–622–8170. 

SUPPLEMENTARY INFORMATION: This 

notice provides interim guidance 

addressing the application of certain 

provisions of TRIA 1 and the Program 

regulations 2 following enactment of the 

2015 Reauthorization Act.3

Treasury expects to issue a proposal 

to amend the Program regulations; this 

interim guidance may be relied upon by 

members of the public until superseded 

by the Program regulations, as amended, 

or by subsequent guidance.4

I. Background 

TRIA was enacted following the 

attacks on September 11, 2001, to 

address disruptions in the market for 

terrorism risk insurance, to help ensure 

the continued widespread 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. Title I of 

TRIA creates the Program, requires 

insurers to ‘‘make available’’ terrorism 

risk insurance for commercial property 

and casualty losses resulting from 

certified acts of terrorism (insured 

losses), and provides for shared public 

and private compensation for such 

insured losses. Pursuant to TRIA, the 

Secretary of the Treasury administers 

the Program. The Federal Insurance 

Office assists the Secretary of the 

Treasury in administering the Program. 

The Program was originally scheduled 

to terminate on December 31, 2005; 

however, the Terrorism Risk Insurance 

Extension Act of 2005 5 extended the 

Program through December 31, 2007, 

and the Terrorism Risk Insurance 

Program Reauthorization Act of 2007 6

further extended the Program through 

December 31, 2014. On January 12, 

2015, the President signed into law the 

2015 Reauthorization Act; Section 101 

of that Act amends the Program’s 

termination date to December 31, 2020. 

II. Interim Guidance 

Treasury considers the Program 

regulations to be in effect, except to the 

extent that any provision of the Program 

regulations is inconsistent with TRIA, as 

amended by the 2015 Reauthorization 

Act. In the case of an inconsistency, the 

provision(s) of TRIA, as amended by the 

2015 Reauthorization Act, shall apply. 

Furthermore, Treasury recognizes that 

the 2015 Reauthorization Act introduces 

ambiguities regarding application of 

certain sections of the Program 

regulations. This interim guidance is 

designed to address certain 

requirements under the Program 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 25 / Friday, February 6, 2015 / Rules and Regulations 6657 

7 44 U.S.C. 3501 et seq. 

regulations and TRIA, as amended by 

the 2015 Reauthorization Act. 

Interim Guidance One (Documentation) 

Due to requirements under state law 

regulating rates and forms, an insurer 

may need additional time to provide 

disclosures and offers of coverage for 

insured losses in compliance with the 

Program regulations and TRIA, as 

amended by the 2015 Reauthorization 

Act. An insurer should provide 

disclosures and offers that comply with 

the Program regulations and TRIA, as 

amended by the 2015 Reauthorization 

Act, as soon as possible and not later 

than April 13, 2015. 

Interim Guidance Two (Form of 

Disclosure) 

Section 50.17(c) of the Program 

regulations provides that an insurer may 

use NAIC Model Disclosure Form No. 1 

or NAIC Model Disclosure Form No. 2, 

or other disclosures that meet the 

requirements of the Program 

regulations. NAIC Model Disclosure 

Form No. 1 and NAIC Model Disclosure 

Form No. 2, as amended in 2015, are 

consistent with the disclosure 

requirements of the Program regulations 

and TRIA, as amended by the 2015 

Reauthorization Act. 

Interim Guidance Three (Timing of 

Disclosure) 

As amended by the 2015 

Reauthorization Act, TRIA no longer 

requires an insurer to provide to a 

policyholder certain disclosures at the 

time of a policy’s ‘‘purchase,’’ but still 

requires the insurer to provide such 

disclosures at the time of ‘‘offer’’ and 

‘‘renewal.’’ The timing of an insurer’s 

disclosures may conform with either 

subpart B of the Program regulations or 

Section 103(b)(2) of TRIA, as amended 

by the 2015 Reauthorization Act. 

Interim Guidance Four (Content of 

Disclosure) 

An insurer that offered coverage for 

insured losses prior to January 12, 2015, 

using the then-current NAIC Model 

Disclosure Form No. 1, NAIC Model 

Disclosure Form No. 2, or other 

disclosures consistent with the Program 

regulations, is not required to provide a 

revised disclosure to the policyholder. 

Subject to Interim Guidance One, 

disclosures on or after January 12, 2015 

provided in connection with a new or 

mid-term offer of coverage for insured 

losses should be based on the 

requirements of the Program regulations 

and TRIA, as amended by the 2015 

Reauthorization Act. 

Interim Guidance Five (New Offers of 

Coverage) 

(a) Except as described herein, 

Treasury expects that an insurer will 

make a new offer of coverage for insured 

losses with respect to any in-force 

policy that does not provide coverage 

for insured losses. 

(b) An insurer is not expected to make 

a new offer of coverage for insured 

losses if— 

(i) the policy incorporates a 

conditional exclusion or change of 

terms and conditions relating to 

coverage for insured losses and, because 

the Program is in effect, the insurer 

forbears effective January 1, 2015 (or as 

of the effective date of the policy, if 

later) on the exercise of the conditional 

exclusion or change in terms and 

conditions. Not later than April 13, 

2015, an insurer should provide to the 

policyholder written notice of the 

insurer’s forbearance or written notice 

of the insurer’s withdrawal of any 

previous exercise of the conditional 

exclusion or change in terms and 

conditions. In the written notice, the 

insurer should state that the insurer’s 

forbearance or withdrawal, as 

applicable, is effective January 1, 2015 

(or as of the effective date of the policy, 

if later); or 

(ii) the policyholder declined 

coverage for insured losses, so long as 

the insurer’s offer did not materially 

differ in price from that which the 

insurer would have offered following 

enactment of the 2015 Reauthorization 

Act. 

(c) If a policyholder declined coverage 

for insured losses but the insurer’s offer 

did materially differ in price from that 

which the insurer would have offered 

following enactment of the 2015 

Reauthorization Act, then the insurer 

should consider making a new offer to 

that policyholder. 

Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act,7 the information 

collections contained in this document 

have been approved by the Office of 

Management and Budget (OMB) under 

control number 1505/0197. Any agency 

may not conduct or sponsor and a 

person is not required to respond to a 

collection of information unless it 

displays a valid OMB control number. 

Dated: February 4, 2015. 

Michael T. McRaith, 

Director, Federal Insurance Office. 

[FR Doc. 2015–02556 Filed 2–4–15; 4:15 pm] 

BILLING CODE 4810–25–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2015–0034] 

Drawbridge Operation Regulation; 

Columbia River, Vancouver, WA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulations. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the Burlington 

Northern Santa Fe (BNSF) Railway 

Bridge across the Columbia River, mile 

105.6, at Vancouver, WA. This deviation 

is necessary to accommodate 

maintenance to replace movable rail 

joints. This deviation allows the bridge 

to remain in the closed position during 

maintenance activities. 

DATES: This deviation is effective from 

7 a.m. until 3 p.m. on February 25, 

2015, and from 7 a.m. until 3 p.m. on 

February 26, 2015. 

ADDRESSES: The docket for this 

deviation, [USCG–2015–0034] is 

available at http://www.regulations.gov. 

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH.’’ 

Click on Open Docket Folder on the line 

associated with this deviation. You may 

also visit the Docket Management 

Facility in Room W12–140 on the 

ground floor of the Department of 

Transportation West Building, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Mr. Steven 

Fischer, Bridge Administrator, 

Thirteenth Coast Guard District; 

telephone 206–220–7282, email d13-pfd13bridges@uscg.mil. If you have 

questions on viewing the docket, call 

Cheryl Collins, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: BNSF has 

requested that the BNSF Swing Bridge 

across the Columbia River, mile 105.6, 

remain closed to vessel traffic to 

facilitate replacement of movable rail 

joints. During this maintenance period 

the swing span of the BNSF Railway 

Bridge across the Columbia River at 

Vancouver, WA, will be disabled and 

the bridge will not be able to be open. 

The BNSF Swing Bridge, mile 105.6, 

provides 39 feet of vertical clearance 


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