22026 Federal Register / Vol. 87, No. 71 / Wednesday, April 13, 2022 / Notices 

SPECIAL PERMITS DATA—WITHDRAWN—Continued 

Application No. Applicant Regulation(s) affected Nature of the special permits thereof 

21338–N .......... Air Resources Helicopters Inc 172.101(a) .............................. To authorize the transportation in commerce of certain hazardous materials by 14 CFR Part 133 cargo-only aircraft 

(rotorcraft external load operations) transporting hazardous materials attached to or suspended from the aircraft, and Part 135, as applicable, in remote areas of the 

US only, without being subject to certain hazard communication requirements, quantity limitations and certain 

loading and stowage requirements. 

21348–N .......... FAZUA GmbH ........................ 173.185(a)(1) .......................... To authorize the transportation in commerce of prototype 

lithium batteries by cargo-only aircraft. 

[FR Doc. 2022–07899 Filed 4–12–22; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

Hazardous Materials: Notice of 

Applications for Special Permits 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), Transportation (DOT). 

ACTION: List of applications for 

modification of special permits. 

SUMMARY: In accordance with the 

procedures governing the application 

for, and the processing of, special 

permits from the Department of 

Transportation’s Hazardous Material 

Regulations, notice is hereby given that 

the Office of Hazardous Materials Safety 

has received the application described 

herein. 

DATES: Comments must be received on 

or before April 28, 2022. 

ADDRESSES: Record Center, Pipeline and 

Hazardous Materials Safety 

Administration U.S. Department of 

Transportation Washington, DC 20590. 

Comments should refer to the 

application number and be submitted in 

triplicate. If confirmation of receipt of 

comments is desired, include a selfaddressed stamped postcard showing 

the special permit number. 

FOR FURTHER INFORMATION CONTACT: 

Donald Burger, Chief, Office of 

Hazardous Materials Safety General 

Approvals and Permits Branch, Pipeline 

and Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, East Building, PHH–13, 

1200 New Jersey Avenue Southeast, 

Washington, DC 20590–0001, (202) 366– 

4535. 

SUPPLEMENTARY INFORMATION: Each 

mode of transportation for which a 

particular special permit is requested is 

indicated by a number in the ‘‘Nature of 

Application’’ portion of the table below 

as follows: 1—Motor vehicle, 2—Rail 

freight, 3—Cargo vessel, 4—Cargo 

aircraft only, 5—Passenger-carrying 

aircraft. 

Copies of the applications are 

available for inspection in the Records 

Center, East Building, PHH–13, 1200 

New Jersey Avenue Southeast, 

Washington, DC or at http://

regulations.gov. 

This notice of receipt of applications 

for special permit is published in 

accordance with part 107 of the Federal 

hazardous materials transportation law 

(49 U.S.C. 5117(b); 49 CFR 1.53(b)). 

Issued in Washington, DC, on April 04, 

2022. 

Donald P. Burger, 

Chief, General Approvals and Permits 

Branch. 

SPECIAL PERMITS DATA

Application No. Applicant Regulation(s) affected Nature of the special permits thereof 

8995–M ............ BASF Corporation .................. 173.315(a), 174.63(c)(1) ........ To modify the special permit to authorize an additional hazardous material. (modes 1, 2, 3). 

9998–M ............ Accumulators, Inc ................... 173.302(a) .............................. To modify the special permit to authorize additional packagings. (modes 1, 2, 3, 4). 

10814–M .......... Spellman High Voltage Electronics Corporation.173.302a ................................. To modify the special permit to update the reference drawings in the special permit. (modes 1, 2, 3, 4, 5). 

20356–M .......... Tesla, Inc ................................ 172.101(j) ............................... To modify the special permit to authorize additional lithium 

ion batteries. (mode 4). 

20493–M .......... Tesla, Inc ................................ 172.101(j) ............................... To modify the special permit to include an additional cell 

type within the authorized lithium ion batteries. (mode 4). 

20881–M .......... Arkema Inc ............................. 172.102(c)(7), 173.201(c) ....... To modify the special permit to authorize additional tanks. 

(mode 1). 

20942–M .......... Better Horse Inc ..................... 172.101(i), 172.200(a), 

172.320(a), 172.400(a), 

172.500(a), 173.60(a), 

173.63(b).

To modify the special permit to include IMDG Code regulatory relief in the special permit. (modes 1, 2, 3). 

[FR Doc. 2022–07901 Filed 4–12–22; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF THE TREASURY 

2022 Terrorism Risk Insurance 

Program Data Call 

AGENCY: Departmental Offices, 

Department of the Treasury. 

ACTION: Data collection. 

SUMMARY: Pursuant to the Terrorism 

Risk Insurance Act of 2002, as amended 

(TRIA), insurers that participate in the 

Terrorism Risk Insurance Program (TRIP 


jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 87, No. 71 / Wednesday, April 13, 2022 / Notices 22027 

1Public 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. 

2Terrorism Risk Insurance Program 

Reauthorization Act of 2019, Public Law 116–94, 

133 stat. 2534. 

3TRIA, sec. 104(h)(1). Treasury regulations also 

address the annual data collection requirement. See 

31 CFR 50.51, 50.54. 

4TRIA, sec. 104(h)(2). 

5 31 U.S.C. 313(c)(1)(D). 

6Terrorism Risk Insurance Program 2022 Data 

Call, 86 FR 64600 (November 18, 2021). 

7Office of Information and Regulatory Affairs, 

Office of Management & Budget, OMB Control No. 

1505–0257, https://www.reginfo.gov/public/do/ 

PRAViewICR?ref_nbr=202202-1505-002. 

8Terrorism Risk Insurance Program 2022 Data 

Call, 86 FR 64600 (November 18, 2021). 

9Seven comments were received in response to 

Treasury’s November 2021 Notice, from the Centers 

for Better Insurance LLC (December 10, 2021) (CBI 

Comments), the Chaucer Group (January 18, 2022) 

(Chaucer Comments), Underwriters at Lloyd’s, 

London (January 18, 2022) (Lloyd’s Comments), the 

National Association of Mutual Insurance 

Companies (January 19, 2022) (NAMIC Comments), 

the American Property Casualty Insurance 

Association (January 19, 2022) (APCIA Comments), 

the National Risk Retention Association (January 

19, 2022) (NRRA Comments), and the Vermont 

Captive Insurance Association, the Captive 

Insurance Companies Association, and the Captive 

Insurance Council of the District of Columbia 

(consolidated submission) (January 19, 2022) 

(VCIA/CICA/CICDC Comments). These comments 

are available at https://www.regulations.gov/ 

document/TREAS-TRIP-2021-0020-0001/comment. 

In addition, NAMIC submitted an additional 

comment letter dated March 9, 2022 in response to 

the separate Federal Register Notice (87 FR 8941 

(February 16, 2022)) published by Treasury in 

connection with Paperwork Reduction Act 

requirements. That comment is available at https:// 

www.reginfo.gov/public/do/PRAViewICR?ref_

nbr=202202-1505-002, and addresses the same 

issues as those identified in NAMIC’s initial 

comment letter. 

or Program) are directed to submit 

information for the 2022 TRIP Data Call, 

which covers the reporting period from 

January 1, 2021 to December 31, 2021. 

Participating insurers are required to 

register and report information in a 

series of forms approved by the Office 

of Management and Budget (OMB). All 

insurers writing commercial property 

and casualty insurance in lines subject 

to TRIP, subject to certain exceptions 

identified in this notice, must respond 

to this data call no later than May 16, 

2022. 

DATES: Participating insurers must 

register and submit data no later than 

May 16, 2022. 

ADDRESSES: Participating insurers will 

register through a website that has been 

established for this data call. After 

registration, insurers will receive data 

collection forms through a secure file 

transfer portal, and they will submit the 

requested data through the same secure 

portal. Participating insurers can 

register for the 2022 TRIP Data Call at 

https://tripsection111data.com. 

Additional information about the data 

call, including sample data collection 

forms and instructions, can be found on 

the TRIP website at https://

home.treasury.gov/policy-issues/ 

financial-markets-financial-institutionsand-fiscal-service/federal-insuranceoffice/terrorism-risk-insurance-program/ 

annual-data-collection. 

FOR FURTHER INFORMATION CONTACT: 

Richard Ifft, Senior Insurance 

Regulatory Policy Analyst, Federal 

Insurance Office, Room 1410, 

Department of the Treasury, 1500 

Pennsylvania Avenue NW, Washington, 

DC 20220, (202) 622–2922; Sherry 

Rowlett, Program Analyst, Federal 

Insurance Office, Room 1410, 

Department of the Treasury, 1500 

Pennsylvania Avenue NW, Washington, 

DC 20220, (202) 622–1890; Jeremy Pam, 

Senior Insurance Regulatory Policy 

Analyst, Federal Insurance Office, (202) 

622–7009; or Saurav Banerjee, Senior 

Insurance Regulatory Policy Analyst, 

Federal Insurance Office, (202) 622– 

5330. 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 

TRIA 1 created the 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 market to stabilize and build 

insurance capacity to absorb any future 

losses for terrorism events. The Program 

has been reauthorized on a number of 

occasions, and was most recently 

extended until December 31, 2027.2

TRIA requires the Secretary of the 

Treasury (Secretary) to collect certain 

insurance data and information from 

insurers on an annual basis regarding 

their participation in the Program.3

TRIA also requires the Secretary to 

prepare a biennial report on the 

effectiveness of the Program 

(Effectiveness Report).4 The 

Effectiveness Report must be submitted 

to Congress by June 30, 2022. The 

Federal Insurance Office (FIO) is 

authorized to assist the Secretary in the 

administration of the Program,5

including conducting the annual data 

call and preparing reports and studies 

required under TRIA. 

As discussed further below, there are 

certain changes to the data collection 

forms that are being used this year as 

compared to those that were used 

during the 2021 TRIP Data Call. FIO 

solicited public comment concerning 

these forms,6 and received a number of 

comments concerning the proposed 

changes. FIO’s evaluation of those 

comments, and the steps it has taken in 

response to the comments, are 

addressed below. The forms were then 

submitted for approval to the Office of 

Management and Budget (OMB), 

pursuant to the requirements of the 

Paperwork Reduction Act. The data 

collection forms have now been 

approved for use by OMB under Control 

Number 1505–0257 for a period ending 

March 31, 2025.7

II. Elements of 2022 TRIP Data Call 

For purposes of the 2022 TRIP Data 

Call, FIO, state insurance regulators, and 

the National Association of Insurance 

Commissioners (NAIC) will again use 

the consolidated data call mechanism 

first developed for use in the 2018 TRIP 

Data Call. This approach relies on four 

joint reporting templates, to be 

completed by Small Insurers, Non-Small 

Insurers, Captive Insurers, and Alien 

Surplus Lines Insurers, each as defined 

below. The use of joint reporting 

templates is designed to satisfy the 

objectives of both Treasury and state 

insurance regulators, while also 

reducing burden on participating 

insurers. State insurance regulators or 

the NAIC will provide separate 

notification regarding the reporting of 

information into the state reporting 

portal, including any reporting 

requirements to state insurance 

regulators that are distinct from the 

Treasury requirements. Insurers subject 

to the consolidated data call that are 

part of a group will report on a group 

basis, while those that are not part of a 

group will report on an individual 

company basis. 

A. Changes to the 2021 Reporting 

Templates 

In November 2021, Treasury proposed 

a number of changes to the existing data 

collection templates for use in the 2022 

TRIP Data Call; those changes related to 

the information sought specifically from 

captive insurers, as well as from any 

insurers writing cyber insurance.8 In its 

Notice, Treasury expressly sought 

comments concerning these proposed 

changes. In response to the Notice, 

Treasury received eight written 

comments.9 Those comments address 

issues concerning the manner and 

subject of the data collection. The 

suggestions made in those comments, 


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22028 Federal Register / Vol. 87, No. 71 / Wednesday, April 13, 2022 / Notices 

10CBI Comments at 3–4. 

11 Id. at 4–6. 

12 VCIA/CICA/CICDC Comments at 2; NRRA 

Comments at 1–2. 

13 Id. 

14NAMIC Comments; APCIA Comments. 

15Chaucer Comments; Lloyd’s Comments. 

16Lloyd’s Comments at 1; APCIA Comments at 1. 

17Lloyds’s Comments at 1; NAMIC Comments at 

2; see also APCIA Comments at 1 (noting that 

‘‘Treasury is now proposing to collect non-terrorism 

cyber insurance data for the first time’’). 

and Treasury’s responses, are 

summarized below. 

Captive Insurer Reporting Comments 

One comment that addressed the 

proposed data collection revisions 

concerning captive insurers did not 

object to any of the captive insurer 

changes; rather, it suggested additional 

changes to require responding captive 

entities to specify their type of captive 

insurer (e.g., pure captive, protected cell 

captive, etc.).10 Because of the type of 

analysis Treasury performs with respect 

to the captive insurers in connection 

with the Program, such further detail 

would not assist in Treasury’s 

evaluation of the exposure posed to the 

Program by captive insurers, and 

Treasury declines to make the further 

proposed changes. In addition, the 

commenter also proposed the addition 

of more granular questions than 

Treasury has proposed with regard to 

standalone coverage for nuclear, 

biological, chemical, and radiological 

(NBCR) terrorism risk versus 

conventional terrorism risk issued by 

captive insurers, as well as associated 

reinsurance.11 Treasury believes that the 

level of detail originally proposed will 

provide sufficient information regarding 

the use of captives to provide NBCR 

coverage. Therefore, Treasury declines 

to make the proposed changes. To the 

extent further analysis of the data 

obtained by Treasury suggests that 

additional changes are warranted, 

Treasury can address such changes at a 

later time. 

Two comments received from captive 

insurer trade associations indicated that 

they do not oppose the changed 

reporting requirements (both those 

specific to captive insurers, as well as 

those addressing cyber insurance).12

However, each commenter noted the 

increasing burden they claim is imposed 

by the data collection requirements on 

captive insurers, cautioning that such 

burdens could become unsustainable for 

such entities. The commenters also 

stated that the data that will be 

produced by these entities in response 

to the data collection is highly 

confidential.13 Treasury is mindful of 

the burden imposed by data collection 

requirements and will continue to seek 

to minimize this burden as appropriate, 

consistent with its stewardship of the 

Program and reporting requirements to 

Congress. To that end, Treasury 

confirms (as requested by the 

commenters) that it will continue to 

excuse from reporting requirements 

captive insurers that do not write any 

terrorism risk insurance subject to the 

Program (whether on a standalone or 

embedded basis), and that it will 

continue to collect information through 

an outside data aggregator that provides 

the information to Treasury in an 

anonymized, aggregated format. 

Cyber Insurance Reporting Comments 

Four additional comments were 

received that focused upon the 

proposed cyber insurance reporting 

changes—two from insurance trade 

associations,14 and two from or on 

behalf of companies or syndicates 

operating in the alien surplus lines 

insurance market.15 These comments 

raise the following issues, which 

Treasury summarizes—along with its 

responses—as follows: 

Two of the commenters questioned 

whether there has been sufficient 

coordination with state regulators for 

the newly-proposed data elements.16

Section 104(h)(4) of the Act states that 

Treasury shall coordinate with state 

regulators in advance ‘‘to determine if 

the information to be collected is 

available from, and may be obtained in 

a timely manner by, individually or 

collectively, such entities.’’ Among 

other things, Treasury reviewed existing 

state cyber insurance data calls and 

coordinated with the NAIC with regard 

to the newly-proposed data elements. 

Treasury has determined that the newlyproposed data elements (information by 

policyholder size (Cyber Worksheet, 

Lines 12–17), cyber policy limits 

specific to cyber extortion and 

ransomware (Cyber Worksheet, Lines 

21–24), and cyber-related loss payments 

specific to cyber extortion and 

ransomware (Cyber Worksheet, Lines 

25–30)) are not currently collected by 

state regulators or available from 

publicly-available sources. Treasury 

coordinated as required under Section 

104(h)(4) of the Act respecting these 

newly-proposed data elements. 

Additionally, Treasury issued for public 

comment a notice describing the 

proposed changes for the TRIP data 

collection; no commenters suggested 

that the information sought by Treasury 

was available from publicly-available 

sources. Also, state regulators (who have 

not previously requested this 

information) will be using the same 

reporting templates as Treasury is 

authorized to use for the 2022 data call 

for purposes of the parallel state 

terrorism risk insurance collection that 

state regulators have conducted on a 

coordinated basis with Treasury since 

2018. This collaborative approach to the 

TRIP data collection has resulted in 

significant efficiencies for reporting 

insurers. 

Two of the commenters raised 

questions as to whether the collection of 

information relating to cyber insurance 

written in non-Program eligible lines is 

within the scope of the Secretary’s 

authority under the Act.17 These 

comments, if accepted, would curtail 

the Secretary’s ability to determine the 

effectiveness of the Program, which is 

the purpose of data collection under 

Section 104(h) of the Act. While 

Treasury has determined that cyber risk 

insurance is within the scope of the Act 

if written in Program-eligible lines of 

insurance (see 31 CFR 50.4(w)(1)), there 

is some cyber insurance that is written 

and reported as professional liability 

insurance, which is a line of business 

that, by statute, is not subject to the 

Program. Evaluating how this Program 

exclusion affects the Program’s scope of 

coverage requires Treasury to 

understand how much cyber insurance 

is written outside of Program-eligible 

lines, which could inform Treasury and, 

by extension, Congress regarding the 

potential need to consider changes to 

Program regulations or the Act itself. 

Congress already indicated the need for 

evaluation of the Act’s scope with 

regard to cyber insurance when it 

instructed the Government 

Accountability Office (GAO) in Section 

502(d) of the 2019 TRIP Reauthorization 

Act (Pub. L. 116–94, 133 Stat. 2534) to 

conduct a study that addresses, among 

other things, ‘‘recommendations on how 

Congress could amend the Terrorism 

Risk Insurance Act of 2002 (15 U.S.C. 

6701 note) to meet the next generation 

of cyber threats.’’ Treasury believes that 

the newly-proposed data elements are 

within the scope of the Secretary’s 

authority to obtain information relating 

to the effectiveness of the Program, 

which encompasses the collection and 

analysis of data regarding this emerging 

threat. 

Each of the four commenters 

indicated that not all insurers during the 

insurance placement process in 

calendar year 2021 were electronically 

gathering all of the newly-proposed data 

elements. These commenters also stated 

that they therefore would be unable to 

report such information by May 2022, at 

least not without a costly manual review 


jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 87, No. 71 / Wednesday, April 13, 2022 / Notices 22029 

18Lloyd’s Comments at 1–2; NAMIC Comments at 

2, 4–6; APCIA Comments at 1–2. 19Chaucer Comments at 1. 20Treasury addressed in its November 2021 

notice proposing changes to the data call the 

estimated incremental burden associated with the 

proposed changes. See Terrorism Risk Insurance 

Program 2022 Data Call, 86 FR 64600, 64603 

(November 18, 2021). Treasury received one 

comment from a trade association indicting that 

‘‘some’’ of its members advised that the Treasury 

estimate was ‘‘significantly understated,’’ with only 

one of the members providing a specific estimate 

that up to 30 hours of additional effort (instead of 

the 10 estimated by Treasury) would be required to 

respond to the new cyber worksheet requirements. 

See APCIA Comments at 2. No other comments 

were received regarding the level of burden 

required. Although Treasury will not modify its 

burden estimate for the entire industry based upon 

this single comment, which may not be 

representative of the experience of responding 

insurers overall, it will monitor the issue during the 

2022 Data Call and revise its estimates as necessary 

going forward based upon that experience. In 

addition, since some insurers (based upon the 

comments) may not be able to report such 

information this year, Treasury’s estimates as set 

originally calculated in November 2021 may 

overstate the burden in this first year of the 

expanded collection. 

21APCIA Comments at 2; NAMIC Comments at 4. 

22APCIA Comments at 2. 

23See GAO, Cyber Insurance: Insurers and 

Policyholders Face Challenges in an Evolving 

Market (GAO–21–477) (May 2021) at 6 n.12, https:// 

www.gao.gov/assets/gao-21-477.pdf. 

of files or, in some cases, by re-engaging 

with the policyholder to obtain the 

additional information. The comments 

from three of the commenters 18 do not 

say or imply that all insurers would be 

presented with these issues, but only 

that some of them would face these 

issues. Similar questions were also 

raised by these commenters as to 

whether electronic systems could be 

updated in a timely fashion to allow for 

the electronic collection and reporting 

of the newly-proposed data elements. 

The fourth commenter also indicated 

that it had similar issues in terms of the 

collection of certain of the data 

elements, while noting that it had 

modified its policy administration 

systems to ensure that the newlyproposed data elements would be 

collected and available for reporting in 

2023, in connection with calendar year 

2022 data.19 In view of these purported 

obstacles, all of the commenters 

requested that production of the newlyproposed data elements not be made 

mandatory for purposes of the 2022 data 

call (or even in some cases for purposes 

of the 2023 data call). 

Treasury is mindful of the expense 

and burden 20 posed for participating 

insurers by the Act’s data collection 

requirements and has in the past taken 

steps to construct the data calls for the 

Program in such a way as to minimize 

that burden, to the greatest extent 

practicable consistent with the goals of 

this statutorily-mandated data 

collection. At the same time, Treasury is 

obligated under the Act to continue to 

assess the effectiveness of the Program, 

including whether there is available and 

affordable insurance in the market that 

could respond to an act of terrorism, 

which includes cyber insurance. 

Treasury will seek to balance the 

potential reporting difficulties identified 

by commenters against its mandate to 

collect information regarding cyber 

insurance by modifying its proposed 

instructions for purposes of the 2022 

Program data call to confirm that 

insurers that are unable in good faith to 

report the newly-proposed data 

elements, because such information is 

currently unavailable, will not be 

penalized for failing to do so. All 

insurers that provide cyber insurance 

should continue to respond to the 

general premium and limits questions 

that have been posed in the prior 

collections and which have not 

changed. To the extent an insurer is able 

to report the newly-proposed data 

elements, it should do so in the FY22 

data call. A reporting insurer that has 

further questions as to how to provide 

the proposed information for the 2022 

Data Call may also contact Treasury, so 

that the two parties can discuss how to 

most effectively achieve this balance. 

Treasury has modified the proposed 

instructions for the data call to reflect 

this approach. 

Two commenters questioned the 

collection of certain data elements, 

namely, premium and number of 

policies information by policyholder 

size, measured by number of employees 

(in three specified categories) (Cyber 

Worksheet, Lines 12–17).21 The 

commenters questioned the availability 

of the information of policyholder size 

by number of employees (at least 

outside workers’ compensation 

insurance lines, not relevant here), and 

whether it is an appropriate metric for 

evaluating the risk exposure presented 

to insurers under cyber insurance 

policies. While one of the commenters 

identified other potential metrics that 

might be used instead, such as premium 

volume or revenue, it ultimately 

concludes that none of these would be 

an appropriate metric to assess cyber 

risk either, at least on a stand-alone 

basis, and that as a result Treasury 

should not collect any information.22

However, Treasury is seeking the 

information by policyholder size 

classification not only to assess the risk 

exposure presented to insurers by these 

policies, but also to evaluate whether (or 

to what extent) certain categories of 

policyholders are taking up cyber risk 

insurance, and in what amounts, in 

order to evaluate the effectiveness of the 

Program. Number of employees is an 

accepted proxy for defining the size of 

entities for insurance purposes.23 The 

employee number categories utilized by 

Treasury are also consistent with the 

size categories used by the NAIC in its 

recent data calls for business 

interruption losses associated with 

COVID–19, in order to evaluate the 

scope of businesses that had actually 

availed themselves of business 

interruption coverage. 

Finally, certain commenters 

addressed various interpretive issues 

concerning the questions posed by 

Treasury in the draft template. The 

newly-proposed data elements use the 

terminology typically used in state and 

NAIC data calls, such that reporting 

insurers should be familiar with the 

information Treasury is requesting. 

While Treasury believes that the 

language of the revised templates and 

associated instructions regarding these 

issues are clear, it will be available, as 

in past years, to respond to any 

interpretive questions as to specific data 

elements for specific insurers as the data 

call proceeds. 

As noted above, Treasury engaged 

with state insurance regulators and the 

NAIC with regard to these issues in 

order to avoid duplication of effort. 

State regulators also intend to rely upon 

these proposed reporting templates, 

including for the newly-proposed data 

elements that they have not previously 

collected, for the majority of the 

information that they collect from 

participating insurers. 

B. Reporting of Workers’ Compensation 

Information 

The TRIP Data Calls request certain 

information relating to workers’ 

compensation insurance. For the 2022 

TRIP Data Call, Treasury will again 

work with the National Council on 

Compensation Insurance (NCCI), the 

California Workers’ Compensation 

Insurance Rating Bureau (California 

WCIRB), and the New York 

Compensation Insurance Rating Board 

(NYCIRB) to provide workers’ 

compensation data relating to premium 

and payroll information on behalf of 

participating insurers, either directly or 

through other workers’ compensation 

rating bureaus. The data aggregator used 

by Treasury will provide such insurers 

with reporting templates that do not 

require them to report this workers’ 

compensation data. Reporting insurers 

that write only workers’ compensation 

policies are still required to register for 

the 2022 TRIP Data Call and provide 


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22030 Federal Register / Vol. 87, No. 71 / Wednesday, April 13, 2022 / Notices 

24There is a new modeled loss scenario identified 

in the Reinsurance Worksheet that will be used in 

connection with the modeled loss questions (which 

have not changed from those posed in prior data 

collections). The modeled loss questions must be 

completed by non-small insurers, alien surplus 

lines insurers, and captive insurers. As in prior 

years, small insurers complete a separate 

Reinsurance Worksheet that does not contain 

modeled loss questions. 

25Small 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 direct earned 

premiums in TRIP-eligible lines for the preceding 

year are also less than five times the Program 

Trigger for the current year. Accordingly, for the 

2022 TRIP Data Call (covering the 2021 calendar 

year), an insurer qualifies as a Small Insurer if its 

2020 policyholder surplus and 2020 direct earned 

premiums are less than five times the 2021 Program 

Trigger of $200 million. 

26 Individual insurers with less than $10 million 

in direct earned premiums in TRIP-eligible lines 

that are part of a larger group must still report as 

part of the group as a whole if the group’s direct 

earned premiums in these lines are over $10 

million. 

27See https://home.treasury.gov/policy-issues/ 

financial-markets-financial-institutions-and-fiscalservice/federal-insurance-office/terrorism-riskinsurance-program/annual-data-collection. 

28Specifications for submission of data using a 

.csv file will be provided to the insurer by the 

aggregator. 

29Under 31 CFR 50.51(a), data is to be provided 

to Treasury no later than May 15 in each calendar 

year; as May 15 falls on a Sunday in 2022, the due 

date is May 16, 2022. 

general company information and data 

related to private reinsurance. The data 

received from NCCI, the California 

WCIRB, and the NYCIRB will be merged 

with the information provided by the 

insurers. 

C. Reporting Templates 

Except for the changes discussed 

above relating to Captive Insurers in 

particular and for cyber insurance in 

general, there are no other material 

changes to the reporting templates used 

in the 2021 TRIP Data Call.24 Each 

category of insurer is required to 

complete the same worksheets that they 

completed in the 2021 TRIP Data Call. 

The same reporting exceptions apply 

this year as applied in the 2021 TRIP 

Data Call, as specified further below in 

the discussions for each category of 

insurer. 

Various worksheets used in the 2022 

TRIP Data Call seek certain information 

relating to workers’ compensation 

insurance. NCCI, the California WCIRB, 

and the NYCIRB will complete the 

workers’ compensation elements of 

these worksheets on behalf of reporting 

insurers. Further information 

concerning the reporting templates for 

each category of insurer, and the 

individual worksheets contained within 

each, can be found in the instructions 

for the reporting templates for each 

category of insurer. The individual 

reporting templates and worksheets will 

also be addressed in the training 

webinars discussed below. 

For the 2022 TRIP Data Call, an 

insurer will qualify as a Small Insurer 

if it had both 2020 policyholder surplus 

of less than $1 billion and 2020 direct 

earned premiums in TRIP-eligible lines 

of insurance of less than $1 billion.25 Of 

this group, Small Insurers with TRIPeligible direct earned premiums of less 

than $10 million in 2021 will be exempt 

from the 2022 TRIP Data Call.26 Neither 

Captive Insurers nor Alien Surplus 

Lines Insurers are eligible for this 

reporting exemption. Insurers defined as 

Small Insurers for the 2022 TRIP Data 

Call will report the same information to 

Treasury and to state insurance 

regulators (in each case on a group 

basis), except as state insurance 

regulators may separately direct for 

purposes of the state data call. 

The Non-Small Insurer template will 

be completed by insurance groups (or 

individual insurers not affiliated with a 

group) that are not subject to reporting 

on the Captive Insurer or Alien Surplus 

Lines Insurer reporting templates, and 

had either a 2020 policyholder surplus 

of greater than $1 billion or 2020 direct 

earned premiums in TRIP-eligible lines 

of insurance equal to or greater than $1 

billion. Insurers defined as Non-Small 

Insurers for the 2022 TRIP Data Call will 

report the same information to Treasury 

and to state insurance regulators (in 

each case on a group basis), except as 

state insurance regulators may 

separately direct for purposes of the 

state data call. 

Captive Insurers are defined in 31 

CFR 50.4(g) as insurers licensed under 

the captive insurance laws or 

regulations of any state. Captive Insurers 

that wrote policies in TRIP-eligible lines 

of insurance during the reporting period 

(January 1, 2021 to December 31, 2021) 

are required to register and submit data 

to Treasury, unless they did not provide 

their insureds with any terrorism risk 

insurance (either on standalone basis, or 

embedded in policies providing 

coverage for risks other than terrorism) 

subject to the Program. 

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 to 

Treasury as part of the group, using the 

appropriate template. Therefore, the 

Alien Surplus Lines Insurer template 

should be used only by an Alien 

Surplus Lines Insurer that is not part of 

a larger group subject to the 2022 TRIP 

Data Call. 

D. Supplemental Reference Documents 

Treasury will continue to make 

available on the TRIP data collection 

website 27 documents providing a 

complete ZIP code listing for areas 

subject to reporting on the Geographic 

Exposures (Nationwide) Worksheet, as 

well as several hypothetical policy 

reporting scenarios. 

E. Training Webinars 

As in prior years, Treasury will hold 

four separate training sessions 

corresponding to the four reporting 

templates that will be used by insurers 

(Small Insurers, Non-Small Insurers, 

Captive Insurers, and Alien Surplus 

Lines Insurers). The webinars will be 

held on April 20 and April 21, 2022 to 

assist reporting insurers in responding 

to the 2022 TRIP Data Call, with each 

webinar focusing on a specific reporting 

template. Specific times and details 

concerning participation in the 

webinars will be made available on the 

TRIP data collection website, and 

recordings of each webinar will be made 

available on the website following each 

training session. 

III. 2022 TRIP Data Call 

Treasury, through an insurance 

statistical aggregator, will accept group 

or insurer registration forms through 

https://tripsection111data.com. 

Registration is mandatory for all 

insurers participating in the 2022 TRIP 

Data Call. Upon registration, the 

aggregator will transmit individualized 

data collection forms (in Excel format) 

to the reporting group or insurer via a 

secure file transfer portal. The reporting 

group or insurer may transmit a 

complete data submission via the same 

portal using either the provided Excel 

forms or a .csv file.28

Copies of the instructions and data 

collection forms are available on 

Treasury’s website in read-only format. 

Reporting insurers will obtain the 

fillable reporting forms directly from the 

data aggregator only after registering for 

the data collection process. 

Reporting insurers are required to 

register and submit complete data to 

Treasury no later than May 16, 2022.29

Because of the statutory reporting 

deadline for Treasury’s 2022 


jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 87, No. 71 / Wednesday, April 13, 2022 / Notices 22031 

Effectiveness Report to Congress, no 

extensions will be granted. Reporting 

insurers can ask the data aggregator 

questions about registration, form 

completion, and submission at 

tripsection111data@iso.com. Reporting 

insurers may also submit questions to 

the Treasury contacts listed above. 

Questions regarding submission of data 

to state insurance regulators should be 

directed to the appropriate state 

insurance regulator or the NAIC. 

All data submitted to the aggregator is 

subject to the confidentiality and data 

protection provisions of TRIA and the 

Program Rules, as well as to Section 552 

of title 5, United States Code, including 

any exceptions thereunder. In 

accordance with the Paperwork 

Reduction Act (44 U.S.C. 3501–3521), 

the information collected through the 

web portal has been approved by OMB 

under Control Number 1505–0257. An 

agency may not conduct or sponsor, and 

a person is not required to respond to, 

a collection of information unless it 

displays a valid OMB control number. 

Steven E. Seitz, 

Director, Federal Insurance Office. 

[FR Doc. 2022–07861 Filed 4–12–22; 8:45 am] 

BILLING CODE 4810–AK–P 


jspears on DSK121TN23PROD with NOTICES1