IMARA Calculation for Calendar Year 2022 Under the Terrorism Risk Insurance Program, 73100-73101 [2021-27795]

Download as PDF jspears on DSK121TN23PROD with NOTICES1 73100 Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Notices by, or having acted or purported to act for or on behalf of, directly or indirectly, Miljan RADISAVLJEVIC, a person whose property and interests in property are blocked pursuant to E.O. 13818. 16. P.P.ROBNA KUCA METAL B.I., Kralja Petra I 90, Zvecan, Kosovo; Organization Established Date 29 Aug 2013; Organization Type: Wholesale of other machinery and equipment; Registration Number 70985691 (Kosovo) [GLOMAG] (Linked To: NEDELJKOVIC, Sinisa). Designated pursuant to section 1(a)(iii)(B) of E.O. 13818 for being owned or controlled by, or having acted or purported to act for or on behalf of, directly or indirectly, Sinisa NEDELJKOVIC, a person whose property and interests in property are blocked pursuant to E.O. 13818. 17. RAD D.O.O., Kralja Petra I B.B., Zveqan 43000, Kosovo; Organization Established Date 01 Feb 2018; Organization Type: Construction of buildings; Registration Number 810091687 (Kosovo) [GLOMAG] (Linked To: STEVIC, Radule). Designated pursuant to section 1(a)(iii)(B) of E.O. 13818 for being owned or controlled by, or having acted or purported to act for or on behalf of, directly or indirectly, Radule STEVIC, a person whose property and interests in property are blocked pursuant to E.O. 13818. 18. RADOVAN RADIC B.I., P.P. EU RR GRADNJA, Zupc 40650, Kosovo; Organization Established Date 13 Feb 2014; Organization Type: Construction of other civil engineering projects; V.A.T. Number 601071814 (Kosovo) [GLOMAG] (Linked To: RADIC, Radovan). Designated pursuant to section 1(a)(iii)(B) of E.O. 13818 for being owned or controlled by, or having acted or purported to act for or on behalf of, directly or indirectly, Radovan RADIC, a person whose property and interests in property are blocked pursuant to E.O. 13818. 19. RADULE STEVIC B.I., P.T.P. RAD, Prote Sfojaha, Zveqan 38227, Kosovo; Organization Established Date 04 Apr 2013; Organization Type: Construction of buildings; Tax ID No. 600953708 (Kosovo) [GLOMAG] (Linked To: STEVIC, Radule). Designated pursuant to section 1(a)(iii)(B) of E.O. 13818 for being owned or controlled by, or having acted or purported to act for or on behalf of, directly or indirectly, Radule STEVIC, a person whose property and interests in property are blocked pursuant to E.O. 13818. 20. ROBNA KUCA METAL D.O.O., Kralja Petra I 90, Zveqan 38227, Kosovo; Organization Established Date 21 Aug 2017; Organization Type: Wholesale of other machinery and equipment; Registration Number 810051061 (Kosovo) [GLOMAG] (Linked To: NEDELJKOVIC, Sinisa). Designated pursuant to section 1(a)(iii)(B) of E.O. 13818 for being owned or controlled by, or having acted or purported to act for or on behalf of, directly or indirectly, Sinisa NEDELJKOVIC, a person whose property and interests in property are blocked pursuant to E.O. 13818. 21. S.Z.T.R. PRIZMA B.I. (a.k.a. SAMOSTALNA ZANATSKA TRGOVINSKA RADNJA PRIZMA), 40000 Mitrovice, Kosovo; VerDate Sep<11>2014 20:50 Dec 22, 2021 Jkt 256001 Organization Established Date 10 Dec 2001; Organization Type: Construction of other civil engineering projects; Registration Number 80581564 (Kosovo) [GLOMAG] (Linked To: VESELINOVIC, Zvonko). Designated pursuant to section 1(a)(iii)(B) of E.O. 13818 for being owned or controlled by, or having acted or purported to act for or on behalf of, directly or indirectly, Zvonko VESELINOVIC, a person whose property and interests in property are blocked pursuant to E.O. 13818. 22. SINISA NEDELJKOVIC B.I., P.T.P. METAL, 90, Kralja Petra I, Zveqan 38227, Kosovo; Organization Established Date 09 Aug 2001; Organization Type: Wholesale of other machinery and equipment; V.A.T. Number 600351845 (Kosovo) [GLOMAG] (Linked To: NEDELJKOVIC, Sinisa). Designated pursuant to section 1(a)(iii)(B) of E.O. 13818 for being owned or controlled by, or having acted or purported to act for or on behalf of, directly or indirectly, Sinisa NEDELJKOVIC, a person whose property and interests in property are blocked pursuant to E.O. 13818. 23. SINISA NEDELJKOVIC I.B., Glavna Bb, Shterpce 73000, Kosovo; Organization Established Date 03 Sep 2015; Organization Type: Restaurants and mobile food service activities; V.A.T. Number 601337753 (Kosovo) [GLOMAG] (Linked To: NEDELJKOVIC, Sinisa). Designated pursuant to section 1(a)(iii)(B) of E.O. 13818 for being owned or controlled by, or having acted or purported to act for or on behalf of, directly or indirectly, Sinisa NEDELJKOVIC, a person whose property and interests in property are blocked pursuant to E.O. 13818. 24. ZARKO VESELINOVIC B.I., S.T.R. KRISTAL (a.k.a. ZARKO VESELINOVIC B.I.), Kralja Petra I, Mitrovice 40000, Kosovo; Organization Established Date 21 Feb 2005; Registration Number 70234903 (Kosovo) [GLOMAG] (Linked To: VESELINOVIC, Zharko Jovan). Designated pursuant to section 1(a)(iii)(B) of E.O. 13818 for being owned or controlled by, or having acted or purported to act for or on behalf of, directly or indirectly, Zharko Jovan VESELINOVIC, a person whose property and interests in property are blocked pursuant to E.O. 13818. Authority: E.O. 13818, 82 FR 60839, 3 CFR, 2018 Comp., p. 399. Dated: December 20, 2021. Andrea Gacki, Director, Office of Foreign Assets Control, U.S. Department of the Treasury. [FR Doc. 2021–27855 Filed 12–22–21; 8:45 am] BILLING CODE 4810–AL–P DEPARTMENT OF THE TREASURY RIN 1505–AC62 IMARA Calculation for Calendar Year 2022 Under the Terrorism Risk Insurance Program Departmental Offices, Department of the Treasury. AGENCY: PO 00000 Frm 00184 Fmt 4703 Sfmt 4703 ACTION: Notice. The Department of the Treasury (Treasury) is providing notice to the public of the insurance marketplace aggregate retention amount (IMARA) for calendar year 2022 for purposes of the Terrorism Risk Insurance Program (TRIP or the Program) under the Terrorism Risk Insurance Act, as amended (TRIA or the Act). As explained below, Treasury has determined that the IMARA for calendar year 2022 is $42,690,205,453. DATES: The IMARA for calendar year 2022 is effective January 1, 2022 through December 31, 2022. FOR FURTHER INFORMATION CONTACT: Richard Ifft, Senior Insurance Regulatory Policy Analyst, Federal Insurance Office, 202–622–2922 or Sherry Rowlett, Program Analyst, Federal Insurance Office, 202–622– 1890. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background TRIA—which established TRIP—was signed into law on November 26, 2002, following the attacks of September 11, 2001, 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.1 TRIA requires insurers to ‘‘make available’’ terrorism risk insurance for commercial property and casualty losses resulting from certified acts of terrorism, and provides for shared public and private compensation for such insured losses. The Program has been reauthorized four times, most recently by the Terrorism Risk Insurance Program Reauthorization Act of 2019.2 The Secretary of the Treasury (Secretary) administers the Program, with assistance from the Federal Insurance Office (FIO).3 TRIA provides for an ‘‘industry marketplace aggregate retention 1 Public Law 107–297, sec. 101(b), 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 U.S. Code, the provisions of TRIA are identified by the sections of the law. 2 See Terrorism Risk Insurance Extension Act of 2005, Public Law 109–144, 119 Stat. 2660; Terrorism Risk Insurance Program Reauthorization Act of 2007, Public Law 110–160, 121 Stat. 1839; Terrorism Risk Insurance Program Reauthorization Act of 2015, Public Law 114–1, 129 Stat. 3 (2015 Reauthorization Act); Terrorism Risk Insurance Program Reauthorization Act of 2019, Public Law 116–94, 133 Stat. 2534. 3 31 U.S.C. 313(c)(1)(D). E:\FR\FM\23DEN1.SGM 23DEN1 Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Notices amount’’ or ‘‘IMARA’’ to be used for determining whether Treasury must recoup any payments it makes under the Program. Under the Act, if total annual payments by all participating insurers are below the IMARA, then Treasury must recoup all amounts expended by it up to the IMARA threshold. If total annual payments by all participating insurers are above the IMARA, then Treasury has the discretionary authority (but not the obligation) to recoup all of the expended amounts that are above the IMARA threshold.4 TRIA provides for a schedule of defined IMARA values from calendar year 2015 through calendar year 2019.5 For calendar year 2020 and beyond, TRIA states that the IMARA ‘‘shall be revised to be the amount equal to the annual average of the sum of insurer deductibles for all insurers participating in the Program for the prior 3 calendar years,’’ as such sum is determined pursuant to final rules issued by the Secretary.6 On November 15, 2019, Treasury issued a final rule for calculation of the IMARA.7 This rule, which is codified at 31 CFR 50.4(m)(2), provides that the IMARA will be calculated by averaging the annual industry aggregate deductibles over the prior three calendar years, based upon the direct earned premiums (DEP) reported to Treasury by insurers in Treasury’s 73101 annual data calls. Insurer deductibles under the Program are based upon the DEP of individual insurers reported to Treasury in the prior year (e.g., 2020 DEP for 2021 calendar year). Accordingly, for purposes of determining the IMARA for calendar 2022, Treasury has averaged the aggregate insurer deductibles for calendar years 2021, 2020, and 2019 (as reported to Treasury in each of these years), which are based on the reported DEP for calendar years 2020, 2019, and 2018, respectively. For purposes of the 2022 IMARA calculation, those figures are as follows: TRIP-ELIGIBLE DEP BY INSURER CATEGORY 8 2019 TRIP data call 2018 DEP in TRIP-eligible lines 2020 TRIP data call % of total 2019 DEP in TRIP-eligible lines 2021 TRIP data call % of total 2020 DEP in TRIP-eligible lines % of total Alien Surplus Lines Ins .................................. Captive Insurers ............................................. Non-Small Insurers ........................................ Small Insurers ................................................ $7,618,548,358 8,937,119,082 166,188,192,378 22,516,178,612 4 4 81 11 $11,149,972,542 9,083,384,310 172,970,757,331 22,882,139,290 5 4 80 11 $11,043,111,847 10,534,614,720 175,272,463,804 22,156,599,520 5 5 80 10 Total ........................................................ 205,260,038,430 100 216,086,253,473 100 219,006,789,891 100 Source: 2019–2021 TRIP Data Calls. Treasury has used these reported premiums to calculate the IMARA for calendar year 2022. The average annual DEP figure for the combined period of 2018, 2019, and 2020 is $213,451,027,265 [($205,260,038,430 + $216,086,253,473 + $219,006,789,891)/3 = $213,451,027,265]. The average aggregate deductible for the prior three years is 20 percent of $213,451,027,265, which equals $42,690,205,453.9 Accordingly, the IMARA for purposes of calendar year 2022 is $42,690,205,453. Steven E. Seitz, Director, Federal Insurance Office. [FR Doc. 2021–27795 Filed 12–22–21; 8:45 am] BILLING CODE 4810–AK–P Comments must be received on or before January 24, 2022. Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/ PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. FOR FURTHER INFORMATION CONTACT: Copies of the submissions may be obtained from Molly Stasko by emailing PRA@treasury.gov, calling (202) 622– 8922, or viewing the entire information collection request at www.reginfo.gov. SUPPLEMENTARY INFORMATION: Title: Coronavirus Economic Relief for Transportation Services. OMB Control Number: 1505–0273. Type of Review: Extension of a currently approved collection. Description: On December 27, 2020, the President signed the Consolidated preceding year. TRIA, sec. 102(7). For example, an insurer’s calendar year 2021 Program deductible is 20 percent of its calendar year 2020 direct earned premium. 7 See 84 FR 62450 (November 15, 2019) (Final Rule). 8 The figures from the 2020 and 2019 TRIP data calls (some figures may not add up on account of rounding) were previously reported in the IMARA calculation for calendar year 2021. See 85 FR 83159 (December 21, 2020). Figures from the 2021 TRIP data call were previously reported in FIO’s June 2020 Small Insurer Study, as available at that time and rounded. FIO, Study on the Competitiveness of Small Insurers in the Terrorism Risk Insurance Marketplace (June 2021), 17 (Figure 1), https:// home.treasury.gov/system/files/311/ 2021TRIPSmallInsurerReportJune2021.pdf. The figures from the 2021 TRIP data call as originally reported in June 2020 have been updated to include data received by FIO after the reporting deadline. 9 See note 7. DEPARTMENT OF THE TREASURY Agency Information Collection Activities; Proposed Collection; Comment Request; Coronavirus Economic Relief for Transportation Services. Departmental Offices, U.S. Department of the Treasury. AGENCY: ACTION: Notice. The Department of the Treasury will submit the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, on or after the date of publication of this notice. The public is invited to submit comments on these requests. SUMMARY: jspears on DSK121TN23PROD with NOTICES1 DATES: 4 See TRIA, sec. 103(e)(7); see also 31 CFR part 50, subpart J (Recoupment and Surcharge Procedures). 5 In 2015, the IMARA was $29.5 billion; it increased to $31.5 billion in 2016, $33.5 billion in 2017, $35.5 billion in 2018, and $37.5 billion in 2019. See TRIA, sec. 103(e)(6)(B). 6 TRIA, sec. 103(e)(6)(B)(ii) and (e)(6)(C). An insurer’s deductible under the Program for any particular year is 20 percent of its direct earned premium subject to the Program during the VerDate Sep<11>2014 20:50 Dec 22, 2021 Jkt 256001 PO 00000 Frm 00185 Fmt 4703 Sfmt 4703 ADDRESSES: E:\FR\FM\23DEN1.SGM 23DEN1

Agencies

[Federal Register Volume 86, Number 244 (Thursday, December 23, 2021)]
[Notices]
[Pages 73100-73101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27795]


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DEPARTMENT OF THE TREASURY

RIN 1505-AC62


IMARA Calculation for Calendar Year 2022 Under the Terrorism Risk 
Insurance Program

AGENCY: Departmental Offices, Department of the Treasury.

ACTION: Notice.

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SUMMARY: The Department of the Treasury (Treasury) is providing notice 
to the public of the insurance marketplace aggregate retention amount 
(IMARA) for calendar year 2022 for purposes of the Terrorism Risk 
Insurance Program (TRIP or the Program) under the Terrorism Risk 
Insurance Act, as amended (TRIA or the Act). As explained below, 
Treasury has determined that the IMARA for calendar year 2022 is 
$42,690,205,453.

DATES: The IMARA for calendar year 2022 is effective January 1, 2022 
through December 31, 2022.

FOR FURTHER INFORMATION CONTACT: Richard Ifft, Senior Insurance 
Regulatory Policy Analyst, Federal Insurance Office, 202-622-2922 or 
Sherry Rowlett, Program Analyst, Federal Insurance Office, 202-622-
1890.

SUPPLEMENTARY INFORMATION:

I. Background

    TRIA--which established TRIP--was signed into law on November 26, 
2002, following the attacks of September 11, 2001, 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.\1\ TRIA requires insurers to ``make 
available'' terrorism risk insurance for commercial property and 
casualty losses resulting from certified acts of terrorism, and 
provides for shared public and private compensation for such insured 
losses. The Program has been reauthorized four times, most recently by 
the Terrorism Risk Insurance Program Reauthorization Act of 2019.\2\ 
The Secretary of the Treasury (Secretary) administers the Program, with 
assistance from the Federal Insurance Office (FIO).\3\
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    \1\ Public Law 107-297, sec. 101(b), 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 U.S. Code, 
the provisions of TRIA are identified by the sections of the law.
    \2\ See Terrorism Risk Insurance Extension Act of 2005, Public 
Law 109-144, 119 Stat. 2660; Terrorism Risk Insurance Program 
Reauthorization Act of 2007, Public Law 110-160, 121 Stat. 1839; 
Terrorism Risk Insurance Program Reauthorization Act of 2015, Public 
Law 114-1, 129 Stat. 3 (2015 Reauthorization Act); Terrorism Risk 
Insurance Program Reauthorization Act of 2019, Public Law 116-94, 
133 Stat. 2534.
    \3\ 31 U.S.C. 313(c)(1)(D).
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    TRIA provides for an ``industry marketplace aggregate retention

[[Page 73101]]

amount'' or ``IMARA'' to be used for determining whether Treasury must 
recoup any payments it makes under the Program. Under the Act, if total 
annual payments by all participating insurers are below the IMARA, then 
Treasury must recoup all amounts expended by it up to the IMARA 
threshold. If total annual payments by all participating insurers are 
above the IMARA, then Treasury has the discretionary authority (but not 
the obligation) to recoup all of the expended amounts that are above 
the IMARA threshold.\4\
---------------------------------------------------------------------------

    \4\ See TRIA, sec. 103(e)(7); see also 31 CFR part 50, subpart J 
(Recoupment and Surcharge Procedures).
---------------------------------------------------------------------------

    TRIA provides for a schedule of defined IMARA values from calendar 
year 2015 through calendar year 2019.\5\ For calendar year 2020 and 
beyond, TRIA states that the IMARA ``shall be revised to be the amount 
equal to the annual average of the sum of insurer deductibles for all 
insurers participating in the Program for the prior 3 calendar years,'' 
as such sum is determined pursuant to final rules issued by the 
Secretary.\6\
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    \5\ In 2015, the IMARA was $29.5 billion; it increased to $31.5 
billion in 2016, $33.5 billion in 2017, $35.5 billion in 2018, and 
$37.5 billion in 2019. See TRIA, sec. 103(e)(6)(B).
    \6\ TRIA, sec. 103(e)(6)(B)(ii) and (e)(6)(C). An insurer's 
deductible under the Program for any particular year is 20 percent 
of its direct earned premium subject to the Program during the 
preceding year. TRIA, sec. 102(7). For example, an insurer's 
calendar year 2021 Program deductible is 20 percent of its calendar 
year 2020 direct earned premium.
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    On November 15, 2019, Treasury issued a final rule for calculation 
of the IMARA.\7\ This rule, which is codified at 31 CFR 50.4(m)(2), 
provides that the IMARA will be calculated by averaging the annual 
industry aggregate deductibles over the prior three calendar years, 
based upon the direct earned premiums (DEP) reported to Treasury by 
insurers in Treasury's annual data calls. Insurer deductibles under the 
Program are based upon the DEP of individual insurers reported to 
Treasury in the prior year (e.g., 2020 DEP for 2021 calendar year).
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    \7\ See 84 FR 62450 (November 15, 2019) (Final Rule).
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    Accordingly, for purposes of determining the IMARA for calendar 
2022, Treasury has averaged the aggregate insurer deductibles for 
calendar years 2021, 2020, and 2019 (as reported to Treasury in each of 
these years), which are based on the reported DEP for calendar years 
2020, 2019, and 2018, respectively.
    For purposes of the 2022 IMARA calculation, those figures are as 
follows:
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    \8\ The figures from the 2020 and 2019 TRIP data calls (some 
figures may not add up on account of rounding) were previously 
reported in the IMARA calculation for calendar year 2021. See 85 FR 
83159 (December 21, 2020). Figures from the 2021 TRIP data call were 
previously reported in FIO's June 2020 Small Insurer Study, as 
available at that time and rounded. FIO, Study on the 
Competitiveness of Small Insurers in the Terrorism Risk Insurance 
Marketplace (June 2021), 17 (Figure 1), https://home.treasury.gov/system/files/311/2021TRIPSmallInsurerReportJune2021.pdf. The figures 
from the 2021 TRIP data call as originally reported in June 2020 
have been updated to include data received by FIO after the 
reporting deadline.

                                                        TRIP-Eligible DEP by Insurer Category \8\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     2019 TRIP data call           2020 TRIP data call           2021 TRIP data call
                                                               -----------------------------------------------------------------------------------------
                                                                 2018 DEP in TRIP-    % of     2019 DEP in TRIP-    % of     2020 DEP in TRIP-    % of
                                                                  eligible lines      total     eligible lines      total     eligible lines      total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alien Surplus Lines Ins.......................................      $7,618,548,358         4     $11,149,972,542         5     $11,043,111,847         5
Captive Insurers..............................................       8,937,119,082         4       9,083,384,310         4      10,534,614,720         5
Non-Small Insurers............................................     166,188,192,378        81     172,970,757,331        80     175,272,463,804        80
Small Insurers................................................      22,516,178,612        11      22,882,139,290        11      22,156,599,520        10
                                                               -----------------------------------------------------------------------------------------
    Total.....................................................     205,260,038,430       100     216,086,253,473       100     219,006,789,891       100
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: 2019-2021 TRIP Data Calls.

    Treasury has used these reported premiums to calculate the IMARA 
for calendar year 2022. The average annual DEP figure for the combined 
period of 2018, 2019, and 2020 is $213,451,027,265 [($205,260,038,430 + 
$216,086,253,473 + $219,006,789,891)/3 = $213,451,027,265]. The average 
aggregate deductible for the prior three years is 20 percent of 
$213,451,027,265, which equals $42,690,205,453.\9\ Accordingly, the 
IMARA for purposes of calendar year 2022 is $42,690,205,453.
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    \9\ See note 7.

Steven E. Seitz,
Director, Federal Insurance Office.
[FR Doc. 2021-27795 Filed 12-22-21; 8:45 am]
BILLING CODE 4810-AK-P
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