96-5235. Risk-Based Capital Standards; Market Risk; Internal Models Backtesting  

  • [Federal Register Volume 61, Number 46 (Thursday, March 7, 1996)]
    [Proposed Rules]
    [Pages 9114-9119]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-5235]
    
    
    
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    Proposed Rules
                                                    Federal Register
    ________________________________________________________________________
    
    This section of the FEDERAL REGISTER contains notices to the public of 
    the proposed issuance of rules and regulations. The purpose of these 
    notices is to give interested persons an opportunity to participate in 
    the rule making prior to the adoption of the final rules.
    
    ========================================================================
    
    
    Federal Register / Vol. 61, No. 46 / Thursday, March 7, 1996 / 
    Proposed Rules
    
    [[Page 9114]]
    
    
    
    DEPARTMENT OF THE TREASURY
    
    Office of the Comptroller of the Currency
    
    12 CFR Part 3
    
    [Docket No. 96-05]
    RIN 1557-AB14
    
    FEDERAL RESERVE SYSTEM
    
    12 CFR Parts 208 and 225
    
    [Regulations H and Y; Docket No. R-0884]
    
    FEDERAL DEPOSIT INSURANCE CORPORATION
    
    12 CFR Part 325
    
    RIN 3064-AB72
    
    
    Risk-Based Capital Standards; Market Risk; Internal Models 
    Backtesting
    
    AGENCIES: Office of the Comptroller of the Currency, Treasury; Board of 
    Governors of the Federal Reserve System; and Federal Deposit Insurance 
    Corporation.
    
    ACTION: Joint notice of proposed rulemaking.
    
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    SUMMARY: The Office of the Comptroller of the Currency (OCC), the Board 
    of Governors of the Federal Reserve System (Board), and the Federal 
    Deposit Insurance Corporation (FDIC) (Agencies) are proposing to amend 
    their July 25, 1995, proposal to incorporate a measure for market risk 
    into their respective risk-based capital standards. The proposed 
    amendment would provide additional guidance to an institution about how 
    the multiplication factor used to calculate capital requirements for 
    market risk under the internal models approach would be adjusted if 
    comparisons of its internal model's previous estimates with actual 
    trading results indicate that the internal model is inaccurate. The 
    proposed amendment would increase the market risk capital charge for an 
    institution with an inaccurate model.
    
    DATES: Comments must be received on or before April 5, 1996.
    
    ADDRESSES: Comments should be directed to:
        OCC: Comments may be submitted to Docket No. 96-05, Communications 
    Division, Third Floor, Office of the Comptroller of the Currency, 250 E 
    Street, S.W., Washington, D.C., 20219. Comments will be available for 
    inspection and photocopying at that address. In addition, comments may 
    be sent by facsimile transmission to FAX number (202) 874-5274, or by 
    electronic mail to [email protected]
        Board: Comments directed to the Board should refer to Docket No. R-
    0884 and may be mailed to William W. Wiles, Secretary, Board of 
    Governors of the Federal Reserve System, 20th Street and Constitution 
    Avenue, N.W., Washington, D.C., 20551. Comments may also be delivered 
    to Room B-2222 of the Eccles Building between 8:45 a.m. and 5:15 p.m. 
    weekdays, or to the guard station in the Eccles Building courtyard on 
    20th Street, N.W., (between Constitution Avenue and C Street) at any 
    time. Comments may be inspected in Room MP-500 of the Martin Building 
    between 9 a.m. and 5 p.m. weekdays, except as provided in 12 CFR 261.8 
    of the Board's rules regarding availability of information.
        FDIC: Written comments should be sent to Jerry L. Langley, 
    Executive Secretary, Attention: Room F--402, Federal Deposit Insurance 
    Corporation, 550 17th Street N.W., Washington, D.C. 20429. Comments may 
    be hand delivered to Room F--402, 1776 F Street N.W., Washington, D.C. 
    20429 on business days between 8:30 a.m. and 5 p.m. (Fax number (202) 
    898-3838; Internet address: comments@fdic.gov). Comments will be 
    available for inspection and photocopying in Room 7118, 550 17th 
    Street, N.W., Washington, D.C. 20429, between 9 a.m. and 4:30 p.m. on 
    business days.
    
    FOR FURTHER INFORMATION CONTACT:
        OCC: Margot Schwadron, Financial Analyst, or Christina Benson, 
    Capital Markets Specialist (202/874-5070), Office of the Chief National 
    Bank Examiner. For legal issues, Ronald Shimabukuro, Senior Attorney, 
    or Andrew Gutierrez, Attorney (202/874-5090), Legislative and 
    Regulatory Activities Division.
        Board: Roger Cole, Deputy Associate Director (202/452-2618), James 
    Houpt, Assistant Director (202/452-3358), Barbara Bouchard, Supervisory 
    Financial Analyst (202/452-3072), Division of Banking Supervision and 
    Regulation; or Stephanie Martin, Senior Attorney (202/452-3198), Legal 
    Division. For the Hearing impaired only, Telecommunication Device for 
    the Deaf, Dorothea Thompson (202/452-3544).
        FDIC: William A. Stark, Assistant Director, (202/898-6972), Miguel 
    D. Browne, Deputy Assistant Director, (202/898-6789), or Kenton Fox, 
    Senior Capital Markets Specialist, (202/898-7119), Division of 
    Supervision; Jamey Basham, Counsel, (202/898-7265) Legal Division, 
    FDIC, 550 17th Street N.W., Washington, D.C. 20429.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        The Agencies' risk-based capital standards are based upon 
    principles contained in the agreement on International Convergence of 
    Capital Measurement and Capital Standards (Accord) issued in July 1988. 
    The Accord, proposed by the Basle Committee on Banking Supervision 
    (Committee) and endorsed by the central bank governors of the Group of 
    Ten (G-10) countries,1 assesses an institution's capital adequacy 
    by weighting its assets and off-balance-sheet exposures on the basis of 
    credit risk. In April 1995, the Committee issued a consultative 
    proposal to supplement the Accord to cover market risk, specifically 
    market risk in foreign exchange and commodity activities and in debt 
    and equity instruments held in trading portfolios, in addition to 
    credit risk.2 On July 25, 1995, the Board, the OCC, and the FDIC 
    issued a joint proposal to amend their respective risk-based capital 
    standards in accordance
    
    [[Page 9115]]
    
    with the consultative proposal (60 FR 38082) (July 1995 proposal). 
    Under the July 1995 proposal, an institution with relatively large 
    trading activities would calculate a capital charge for market risk 
    using either its own internal value-at-risk (VAR) 3 model 
    (internal models approach) or, alternatively, risk measurement 
    techniques that were developed by the Committee (standardized 
    approach). The institution would integrate the market risk capital 
    charge into its risk-based capital ratios.
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        \1\ The Committee is composed of representatives of the central 
    banks and supervisory authorities from the G-10 countries (Belgium, 
    Canada, France, Germany, Italy, Japan, Netherlands, Sweden, 
    Switzerland, the United Kingdom, and the United States) and 
    Luxembourg. The Agencies each adopted risk-based capital standards 
    implementing the Accord in 1989.
        \2\ The Committee's document is entitled ``Proposal to issue a 
    Supplement to the Basle Capital Accord to cover market risk.'' On 
    December 11, 1995, the G-10 Governors endorsed a final supplement to 
    the Accord incorporating a measure for market risk, subject to the 
    completion of rulemaking procedures in countries that require such 
    action. The final supplement is entitled ``Amendment to the Capital 
    Accord to incorporate market risks.'' The proposal and the final 
    supplement are available through the Board's and the OCC's Freedom 
    of Information Office and the FDIC's Reading Room.
        \3\ Generally, the VAR is an estimate of the maximum amount that 
    could be lost on a set of positions due to general market movements 
    over a given holding period, measured with a specified confidence 
    level.
    ---------------------------------------------------------------------------
    
        Under the internal models approach, an institution would calculate 
    a VAR amount using its internal model, subject to certain qualitative 
    and quantitative regulatory parameters. The institution's capital 
    charge for market risk would equal the greater of (1) its previous 
    day's VAR amount (calculated based upon a 99 percent confidence level 
    and a ten-day holding period); or (2) an average of the daily VAR 
    amounts over the preceding 60 business days multiplied by a minimum 
    multiplication factor of three.
        The July 1995 proposal also provides that the Agencies could adjust 
    the multiplication factor to increase an institution's capital 
    requirement based on an assessment of the quality and historical 
    accuracy of the institution's risk management system. One of the 
    proposal's qualitative criteria, which supervisors would use to 
    evaluate the quality and accuracy of a risk management system, is that 
    an institution would have to conduct regular backtesting. Backtesting 
    involves comparing the VAR amounts generated by the institution's 
    internal model against its actual daily profits and losses (outcomes).
    
    Supervisory Framework for the Use of Backtesting
    
        Since issuing its consultative proposal, the Committee developed a 
    framework that more explicitly incorporates backtesting into the 
    internal models approach and directly links backtesting results to 
    required capital levels.4 This framework recognizes that 
    backtesting can be useful in evaluating the accuracy of an 
    institution's internal model, and also acknowledges that even accurate 
    models (i.e., models whose true coverage level is 99 percent) can 
    perform poorly under certain conditions.
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        \4\ The Committee sets out this framework in a document entitled 
    ``Supervisory framework for the use of `backtesting' in conjunction 
    with the internal models approach to market risk capital 
    requirements,'' which accompanies the document entitled ``Amendment 
    to the Capital Accord to incorporate market risks,'' supra note 2.
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        The Agencies agree with the Committee that backtesting can be a 
    useful tool in evaluating the performance of an institution's internal 
    model but recognize that backtesting techniques are still evolving and 
    that they differ among institutions. The Agencies believe that the 
    framework for backtesting developed by the Committee adequately 
    recognizes the limitations of backtesting, while providing incentives 
    for institutions to improve the efficiency of their internal models. 
    The Agencies, therefore, are proposing to amend their July 1995 
    proposal to incorporate a backtesting framework similar to the one 
    endorsed by the G-10 Governors, as described later in the supplementary 
    information.
        Under the supervisory framework for backtesting, an institution 
    must compare its internal model's daily VAR amount with the following 
    day's trading outcome. The institution must use the daily VAR amount 
    generated for internal risk measurement purposes, not the daily VAR 
    amount generated for supervisory capital purposes. Moreover, when 
    making this comparison, the institution must first adjust the VAR 
    amount, if necessary, to correspond to an assumed one-day holding 
    period and a 99 percent confidence level.
        An institution must count the number of times that the magnitude of 
    trading losses on a single day, if any, exceeds the corresponding day's 
    adjusted VAR amount during the most recent 250 business days 
    (approximately one year) to determine the number of exceptions. The 
    number of exceptions, in turn, will determine whether and how much an 
    institution must adjust the multiplication factor it would use when 
    calculating capital requirements for market risk. However, if the 
    institution demonstrates to its supervisor's satisfaction that an 
    exception resulted from an accurate model affected by unusual events, 
    the supervisor may allow the institution to disregard that exception.
        The Agencies recognize that there may be several explanations for 
    exceptions. For example, an exception may result when an institution's 
    internal model does not capture the risk of certain positions or when 
    model volatilities or correlations are not calculated correctly. This 
    type of exception reflects a problem with the basic integrity of the 
    model. In other cases, the model may not measure market risk with 
    sufficient precision, implying the need to refine the model. Other 
    types of exceptions, on the other hand, may occur occasionally even 
    with accurate models, such as exceptions resulting from unexpected 
    market volatility or large intra-day changes in the institution's 
    portfolio.
        Backtesting results also could prompt the supervisor to require 
    improvements in an institution's risk measurement and management 
    systems or additional capital for market risk. When considering 
    supervisory responses, the Agencies would take into account the extent 
    to which trading losses exceed the VAR amounts, since exceptions that 
    greatly exceed VAR amounts are of greater concern than are exceptions 
    that exceed them only slightly. The Agencies also could consider, for 
    example, other statistical test results provided by the institution, 
    documented explanations for individual exceptions, and the 
    institution's compliance with applicable qualitative and quantitative 
    internal model standards. The first backtesting for regulatory capital 
    purposes is scheduled to begin in January 1999, using VAR amounts and 
    trading outcomes beginning in January 1998.
    
    Framework for Interpreting Backtesting Results
    
        This framework attempts to balance the possibility that an accurate 
    risk model would be determined inaccurate (Type I error) and the 
    possibility that an inaccurate model would be determined accurate (Type 
    II error). Consequently, it divides the number of possible exceptions 
    into three zones:
        (1) The green zone (four or fewer exceptions)--Backtest results do 
    not themselves suggest a problem with the quality or accuracy of the 
    institution's internal model. In these cases, backtest results are 
    viewed as acceptable, given the supervisors' concerns of committing a 
    Type I error. Within this zone, there is no presumed increase to an 
    institution's multiplication factor.
        (2) The yellow zone (five through nine exceptions)--Backtest 
    results raise questions about a model's accuracy, but could be 
    consistent with either an accurate or inaccurate model. If the number 
    of exceptions places an institution into the yellow zone, then it must 
    adjust its multiplication factor. Because a larger number of exceptions 
    carries a stronger presumption that the model is inaccurate, the 
    adjustment to an institution's multiplication factor increases with the 
    number of exceptions. Accordingly, the institution would adjust its 
    multiplication factor by the amount corresponding to the number of 
    exceptions as shown in Table 1.
        (3) The red zone (ten or more exceptions)--Backtest results 
    indicate a
    
    [[Page 9116]]
    
    problem with the institution's internal model, and the probability that 
    the model is accurate is remote. Unless the high number of exceptions 
    is attributed to a regime shift involving dramatic changes in financial 
    market conditions that result in a number of exceptions for the same 
    reason in a short period of time, the institution must increase its 
    multiplication factor from three to four, and improve its risk 
    measurement and management system.
        The presumed adjustments to an institution's multiplication factor 
    based on the number of exceptions follow:
    
       Table 1--Adjustment in Multiplication Factor From Results of Backtesting Based on 250 Trading Outcomes \1\   
    ----------------------------------------------------------------------------------------------------------------
                                                                                                          Cumulative
                                                                                          Adjustment to  probability
                          Zone                                No. of exceptions          multiplication      (in    
                                                                                             factor        percent) 
    ----------------------------------------------------------------------------------------------------------------
    Green Zone......................................  4 or fewer.......................         0.00         89.22  
                                                      5................................         0.40         95.88  
                                                      6................................         0.50         98.63  
    Yellow Zone.....................................  7................................         0.65         99.60  
                                                      8................................         0.75         99.89  
                                                      9................................         0.85         99.97  
    Red Zone........................................  10 or more.......................         1.00         99.99  
    ----------------------------------------------------------------------------------------------------------------
    \1\ The zones are defined according to the cumulative probability of obtaining up to a given number of          
      exceptions in a sample of 250 independent observations when the true level of coverage is 99 percent. The     
      yellow zone begins where the cumulative probability equals or exceeds 95 percent, and the red zone begins     
      where the cumulative probability equals or exceeds 99.99 percent.                                             
    
        The Agencies urge institutions to continue working on improving the 
    accuracy of backtests that use actual trading outcomes and to develop 
    the capability to perform backtests based on the hypothetical changes 
    in portfolio value that would occur if there were no intra-holding 
    period changes (e.g., from fee income or intra-holding period changes 
    in portfolio composition).
    
    Questions on Which the Agencies Specifically Request Comment
    
        1. Some industry participants have argued that VAR measures cannot 
    be compared against actual trading outcomes because the actual outcomes 
    will be contaminated by intra-day trading and the inclusion of fee 
    income booked in connection with the sale of new products. The results 
    of intra-day trading, they believe, will tend to increase the 
    volatility of trading outcomes while the inclusion of fee income may 
    mask problems with the internal model. Others have argued that the 
    actual trading outcomes experienced by the bank are the most important 
    and relevant figures for risk management and backtesting purposes.
        What are the merits and problems associated with performing 
    backtesting on the basis of hypothetical outcomes (e.g., the changes in 
    portfolio values that would occur if end-of-day positions remained 
    unchanged with no intra-day trading or fee income)?
        What are the merits and problems associated with performing 
    backtesting on the basis of actual trading profits and losses?
        2. What, if any, operational problems may institutions encounter in 
    implementing the proposed backtesting framework? What changes, if any, 
    should the Agencies consider to alleviate those problems?
        3. What type of events or regime shifts might generate exceptions 
    that the Agencies should view as not warranting an increase in an 
    institution's multiplication factor? How should the Agencies factor in 
    or exclude the effects of regime shifts from subsequent backtesting 
    exercises?
        4. The adjustments to the multiplication factor set forth in Table 
    1 of the proposal are based on the number of exceptions in a sample of 
    250 independent observations. Should the Agencies permit institutions 
    to use other sample sizes and, if so, what degree of flexibility should 
    be provided?
        5. The Agencies recognize that an institution may utilize different 
    parameters (e.g., historical observation period) for the VAR model that 
    it employs for its own risk management purposes than for the VAR model 
    that determines its market risk capital requirements (as specified in 
    the July 1995 proposal). Should the adjustment to an institution's 
    multiplication factor be determined using trading outcomes backtested 
    against the institution's VAR amounts generated for internal risk 
    management purposes or against the VAR amounts generated for market 
    risk capital requirements? Should the Agencies permit an institution to 
    choose? Should backtesting be required against both sets of VAR 
    amounts?
    
    Regulatory Flexibility Act Analysis
    
    OCC Regulatory Flexibility Act Analysis
    
        Pursuant to section 605(b) of the Regulatory Flexibility Act, the 
    Comptroller of the Currency certifies that this proposal would not have 
    a significant impact on a substantial number of small business entities 
    in accord with the spirit and purposes of the Regulatory Flexibility 
    Act (5 U.S.C. 601 et seq.). Accordingly, a regulatory flexibility 
    analysis is not required. The impact of this proposal on banks 
    regardless of size is expected to be minimal. Further, this proposal 
    generally would apply to larger banks with significant trading 
    activities and would cover only trading activities and foreign exchange 
    and commodity positions throughout the bank.
    
    Board Regulatory Flexibility Act Analysis
    
        Pursuant to section 605(b) of the Regulatory Flexibility Act, the 
    Board does not believe this proposal would have a significant impact on 
    a substantial number of small business entities in accord with the 
    spirit and purposes of the Regulatory Flexibility Act (5 U.S.C. 601 et 
    seq.). Accordingly, a regulatory flexibility analysis is not required. 
    In addition, because the risk-based capital standards generally do not 
    apply to bank holding companies with consolidated assets of less than 
    $150 million, this proposal would not affect such companies.
    
    FDIC Regulatory Flexibility Act Analysis
    
        Pursuant to section 605(b) of the Regulatory Flexibility Act (Pub. 
    L. 96-354, 5 U.S.C. 601 et seq.), it is certified that the proposal 
    would not have a significant impact on a substantial number of small 
    entities.
    
    Paperwork Reduction Act
    
        The Agencies have determined that this proposal would not increase 
    the regulatory paperwork burden of banking organizations pursuant to 
    the provisions
    
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    of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
    
    OCC Executive Order 12866 Determination
    
        The OCC has determined that this proposal is not a significant 
    regulatory action under Executive Order 12866.
    
    OCC Unfunded Mandates Reform Act of 1995 Determination
    
        The OCC has determined that this proposal would not result in 
    expenditures by state, local, and tribal governments, or by the private 
    sector, of $100 million or more in any one year. Accordingly, a 
    budgetary impact statement is not required under section 202 of the 
    Unfunded Mandates Reform Act of 1995.
    
    List of Subjects
    
    12 CFR Part 3
    
        Administrative practice and procedure, Capital, National banks, 
    Reporting and recordkeeping requirements, Risk.
    
    12 CFR Part 208
    
        Accounting, Agriculture, Banks, banking, Confidential business 
    information, Crime, Currency, Federal Reserve System, Mortgages, 
    Reporting and recordkeeping requirements, Securities.
    
    12 CFR Part 225
    
        Administrative practice and procedure, Banks, banking, Federal 
    Reserve System, Holding companies, Reporting and recordkeeping 
    requirements, Securities.
    
    12 CFR Part 325
    
        Administrative practice and procedure, Banks, banking, Capital 
    adequacy, Reporting and recordkeeping requirements, Savings 
    associations, State non-member banks.
    
    Authority and Issuance
    
    Office of the Comptroller of the Currency
    
    12 CFR CHAPTER I
    
        For the reasons set out in the preamble, part 3 of title 12 of 
    chapter I of the Code of Federal Regulations, as proposed to be amended 
    at 60 FR 38082, is further proposed to be amended as follows:
    
    PART 3--MINIMUM CAPITAL RATIOS; ISSUANCE OF DIRECTIVES
    
        1. The authority citation for part 3 continues to read as follows:
    
        Authority: 12 U.S.C. 93a, 161, 1818, 1828(n), 1828 note, 1831n 
    note, 3907, and 3909.
    
        2. Appendix B to part 3 as proposed to be added at 60 FR 38095 
    would be amended by revising paragraph (a)(2) of section 4 and by 
    adding a new paragraph (d) to section 5 to read as follows:
    
    Appendix B to Part 3--Market Risk
    
    * * * * *
    
    Section 4. Market Risk Exposure
    
    * * * * *
        (a) * * *
        (2) The average of the daily value-at-risk amounts for each of 
    the preceding 60 business days times a multiplication factor of 
    three, except as provided in section 5(d).
    * * * * *
    
    Section 5. Qualifying Internal Market Risk Model
    
    * * * * *
        (d) Backtesting. A bank using an internal market risk model 
    shall conduct backtesting as follows:
        (1) The bank shall conduct backtesting quarterly;
        (2) For each backtesting, the bank shall compare the previous 
    250 business days' trading outcomes with the corresponding daily 
    value-at-risk measurements generated for its internal risk 
    measurement purposes, calibrated to a one-day holding period and a 
    99 percent confidence level;
        (3) The bank shall consider each business day for which the 
    trading loss, if any, exceeds the daily value-at-risk measurement as 
    an exception; however, the OCC may allow the bank to disregard an 
    exception if it determines that the exception does not reflect an 
    inaccurate model; and
        (4) Depending on the number of exceptions, a bank shall adjust 
    the multiplication factor of three described in section 4(a)(2) of 
    this appendix B by the corresponding amount indicated in Section 
    5(d)(4) Table, and shall use the adjusted multiplication factor when 
    determining its market risk capital requirements until it obtains 
    the next quarter's backtesting results, unless the OCC determines 
    that a different adjustment or other action is appropriate:
    
    Section 5(d)(4) Table.--Adjustment to Multiplication Factor From Results
                  of Backtesting Based on 250 Trading Outcomes              
    ------------------------------------------------------------------------
                                                               Adjustment to
                        No. of exceptions                     multiplication
                                                                  factor    
    ------------------------------------------------------------------------
    4 or fewer..............................................         0.00   
    5.......................................................         0.40   
    6.......................................................         0.50   
    7.......................................................         0.65   
    8.......................................................         0.75   
    9.......................................................         0.85   
    10 or more..............................................         1.00   
    ------------------------------------------------------------------------
    
    * * * * *
        Dated: February 26, 1996.
    Eugene A. Ludwig,
    Comptroller of the Currency.
    
    Federal Reserve Board
    
    12 CFR CHAPTER II
    
        For the reasons set forth in the preamble, parts 208 and 225 of 
    title 12 of chapter II of the Code of Federal Regulations, as proposed 
    to be amended at 60 FR 38082 (July 25, 1995) are further proposed to be 
    amended as follows:
    
    PART 208--MEMBERSHIP OF STATE BANKING INSTITUTIONS IN THE FEDERAL 
    RESERVE SYSTEM (REGULATION H)
    
        1. The authority citation for part 208 continues to read as 
    follows:
    
        Authority: 12 U.S.C. 36, 248(a), 248(c), 321-338a, 371d, 461, 
    481-486, 601, 611, 1814, 1823(j), 1828(o), 1831o, 1831p-1, 3105, 
    3310, 3331-3351, and 3906-3909; 15 U.S.C. 78b, 78l(b), 78l(g), 
    78l(i), 78o-4(c)(5), 78q, 78q-1, and 78w; 31 U.S.C. 5318; 42 U.S.C. 
    4012a, 4104a, 4104b, 4106, and 4128.
    
        2. In appendix E to part 208 as proposed to be added at 60 FR 
    38103, section III.B. would be amended by revising paragraph 2.a. and 
    adding a new paragraph 3 to read as follows:
    
    Appendix E to Part 208--Capital Adequacy Guidelines for State Member 
    Banks: Market Risk Measure
    
    * * * * *
    
    III. The Internal Models Approach
    
    * * * * *
        B. * * *
        2. * * *
        a. A bank must have a risk control unit that is independent from 
    its business trading units and reports directly to senior management 
    of the bank. The unit must be responsible for designing and 
    implementing the bank's risk management system and analyzing daily 
    reports on the output of the bank's risk measurement model in the 
    context of trading limits. The unit must conduct regular backtesting 
    13 and adjust its multiplication factor, if appropriate, in 
    accordance with section III.B.3. of this appendix E.
    * * * * *
        c. * * *
        3. In addition to any backtesting the bank may conduct as part 
    of its internal risk management system, the bank must conduct, for 
    regulatory capital purposes, backtesting that meets the following 
    criteria:
        a. The backtesting must be conducted quarterly, using the most 
    recent 250 trading days' outcomes and VAR measures, which encompass 
    approximately twelve months. The VAR measures must be calibrated to 
    a one-day holding period and a 99 percent confidence level.
        b. The bank should identify the number of exceptions (that is, 
    cases where the
    
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    magnitude of the daily trading loss, if any, exceeds the previous 
    day's VAR measure) to determine its appropriate zone and level 
    within a zone, as set forth in Table A of section III.B.3.c. of this 
    appendix E.
        c. A bank should adjust its multiplication factor by the amount 
    indicated in Table A of this paragraph c., unless the Federal 
    Reserve determines that a different adjustment or other action is 
    appropriate:
    
         Table A.--Adjustment to Multiplication Factor from Results of Backtesting Based on 250 Trading Outcomes    
    ----------------------------------------------------------------------------------------------------------------
                                                                                                          Cumulative
                                                                                          Adjustment to       1     
                          Zone                            Level (No. of exceptions)      multiplication  probability
                                                                                             factor          (in    
    -------------------------------------------------------------------------------------------------------percent)-
    Green Zone......................................  4 or fewer.......................         0.00         89.22  
                                                      5................................         0.40         95.88  
                                                      6................................         0.50         98.63  
    Yellow Zone.....................................  7................................         0.65         99.60  
                                                      8................................         0.75         99.89  
                                                      9................................         0.85         99.97  
    Red Zone........................................  10 or more.......................         1.00         99.99  
    ----------------------------------------------------------------------------------------------------------------
    \1\ The zones are defined according to the cumulative probability of obtaining up to a given number of          
      exceptions in a sample of 250 independent observations when the true coverage level is 99 percent. The yellow 
      zone begins where cumulative probability equals or exceeds 95 percent, and the red zone begins where the      
      cumulative probability equals or exceeds 99.99 percent.                                                       
    
    * * * * *
    
    PART 225--BANK HOLDING COMPANIES AND CHANGE IN BANK CONTROL 
    (REGULATION Y)
    
        1. The authority citation for part 225 continues to read as 
    follows:
    
        Authority: 12 U.S.C. 1817(j)(13), 1818, 1828(o), 1831i, 1831p-1, 
    1843(c)(8), 1844(b), 1972(1), 3106, 3108, 3310, 3331-3351, 3907, and 
    3909.
    
        2. In appendix E to part 225 as proposed to be added at 60 FR 
    38116, section III.B. would be amended by revising paragraph 2.a. and 
    adding a new paragraph 3 to read as follows:
    
    Appendix E to Part 225--Capital Adequacy Guidelines for Bank Holding 
    Companies: Market Risk Measure
    
    * * * * *
    
    III. The Internal Models Approach
    
    * * * * *
        B. * * *
        2. * * *
        a. A institution must have a risk control unit that is 
    independent from its business trading units and reports directly to 
    senior management of the bank holding company. The unit must be 
    responsible for designing and implementing the institution's risk 
    management system and analyzing daily reports on the output of the 
    institution's risk measurement model in the context of trading 
    limits. The unit must conduct regular backtesting 13 and adjust 
    its multiplication factor, if appropriate, in accordance with 
    section III.B.3. of this appendix E.
    * * * * *
        c. * * *
        3. In addition to any backtesting the bank holding company may 
    conduct as part of its internal risk management system, the bank 
    holding company must conduct, for regulatory capital purposes, 
    backtesting that meets the following criteria:
        a. The backtesting must be conducted quarterly, using the most 
    recent 250 trading days' outcomes and VAR measures, which encompass 
    approximately twelve months. The VAR measures must be calibrated to 
    a one-day holding period and a 99 percent confidence level.
        b. The bank holding company should identify the number of 
    exceptions (that is, cases where the magnitude of the daily trading 
    loss, if any, exceeds the previous day's VAR measure) to determine 
    its appropriate zone and level within a zone, as set forth in Table 
    A of section III.B.3.c. of this appendix E.
        c. An institution should adjust its multiplication factor by the 
    amount indicated in Table A of this paragraph c., unless the Federal 
    Reserve determines that a different adjustment or other action is 
    appropriate:
    
         Table A.--Adjustment to Multiplication Factor From Results of Backtesting Based on 250 Trading Outcomes    
    ----------------------------------------------------------------------------------------------------------------
                                                                                        Adjustment to    Cumulative 
                          Zone                           Level (No. of exceptions)     multiplication       \1\     
                                                                                           factor       probability 
    ----------------------------------------------------------------------------------------------------(in percent)
    Green Zone.....................................  4 or fewer......................           0.00          89.22 
                                                     5...............................           0.40          95.88 
                                                     6...............................           0.50          98.63 
    Yellow Zone....................................  7...............................           0.65          99.60 
                                                     8...............................           0.75          99.89 
                                                     9...............................           0.85          99.97 
    Red Zone.......................................  10 or more......................           1.00         99.99  
    ----------------------------------------------------------------------------------------------------------------
    \1\ The zones are defined according to the cumulative probability of obtaining up to a given number of          
      exceptions in a sample of 250 independent observations when the true coverage level is 99 percent. The yellow 
      zone begins where cumulative probability equals or exceeds 95 percent, and the red zone begins where the      
      cumulative probability equals or exceeds 99.99 percent.                                                       
    
    
    [[Page 9119]]
    
    
    * * * * *
        By order of the Board of Governors of the Federal Reserve 
    System, February 9, 1996.
    ---------------------------------------------------------------------------
    
        \13\ Back-testing includes ex post comparisons of the risk 
    measures generated by the model against the actual daily changes in 
    portfolio value.
    ---------------------------------------------------------------------------
    
    William W. Wiles,
    Secetary of the Board.
    
    Federal Deposit Insurance Corporation
    
    12 CFR CHAPTER III
    
        For the reasons set forth in the preamble, part 325 of title 12 of 
    chapter III of the Code of Federal Regulations, as proposed to be 
    amended at 60 FR 38082 (July 25, 1995), is further proposed to be 
    amended as follows:
    
    PART 325--CAPITAL MAINTENANCE
    
        1. The authority citation for part 325 continues to read as 
    follows:
    
        Authority: 12 U.S.C. 1815(a), 1815(b), 1816, 1818(a), 1818(b), 
    1818(c), 1818(t), 1819(Tenth), 1828(c), 1828(d), 1828(i), 1828(n), 
    1828(o), 1831o, 3907, 3909, 4808; Pub. L. 102-233, 105 Stat. 1761, 
    1789, 1790 (12 U.S.C. 1831n note); Pub. L. 102-242, 105 Stat. 2236, 
    2355, 2386 (12 U.S.C. 1828 note).
    
        2. In appendix C to part 325 as proposed to be added at 60 FR 
    38129, section III.B.2. introductory text and section III.B.2.a. would 
    be revised and section III.B.3. would be added to read as follows:
    
    Appendix C to Part 325--Risk-Based Capital for State Non-Member Banks: 
    Market Risk
    
    * * * * *
    
    III. The Internal Models Approach
    
    * * * * *
        B. * * *
        1. * * *
        2. A bank must meet the following minimum qualitative criteria 
    before using its internal model to measure its exposure to market 
    risk.\13\
        a. A bank must have a risk control unit that is independent from 
    its business trading units and reports directly to senior management 
    of the bank. The unit must be responsible for designing and 
    implementing the bank's risk management system and analyzing daily 
    reports on the output of the bank's risk measurement model in the 
    context of trading limits. The unit must conduct regular backtesting 
    \14\ and adjust its multiplication factor, if appropriate, in 
    accordance with section III.B.3. of this appendix C.
    * * * * *
        3. In addition to any backtesting the bank may conduct as part 
    of its internal risk management system, the bank must conduct, for 
    regulatory capital purposes, backtesting that meets the following 
    criteria:
        a. The backtesting must be conducted quarterly, using the most 
    recent 250 trading days' outcomes and VAR measures, which encompass 
    approximately twelve months. The VAR measures must be calibrated to 
    a one-day holding period and a 99 percent confidence level.
        b. The bank should identify the number of exceptions (that is, 
    cases where the magnitude of the daily trading loss, if any, exceeds 
    the previous day's VAR measure) to determine its appropriate zone 
    and level within a zone, as set forth in Table A of section 
    III.B.3.c. of this appendix C.
        c. A bank should adjust its multiplication factor by the amount 
    indicated in Table A, unless the FDIC determines that a different 
    adjustment or other action is appropriate.
    
         Table A.--Adjustment to Multiplication Factor From Results of Backtesting Based on 250 Trading Outcomes    
    ----------------------------------------------------------------------------------------------------------------
                                                                                        Adjustment to  Cumulative\1\
                          Zone                           Level  No. of exceptions)     multiplication   probability 
                                                                                           factor       (in percent)
    ----------------------------------------------------------------------------------------------------------------
    Green Zone.....................................  4 or fewer......................           0.00          89.22 
                                                     5...............................           0.40          95.88 
                                                     6...............................           0.50          98.63 
    Yellow Zone....................................  7...............................           0.65          99.60 
                                                     8...............................           0.75          99.89 
                                                     9...............................           0.85          99.97 
    Red Zone.......................................  10 or more......................           1.00         99.99  
    ----------------------------------------------------------------------------------------------------------------
    \1\ The zones are defined according to the cumulative probability of obtaining up to a given number of          
      exceptions in a sample of 250 independent observations when the true coverage level is 99 percent. The yellow 
      zone begins where cumulative probability equals or exceeds 95 percent, and the red zone begins where the      
      cumulative probability equals or exceeds 99.99 percent.                                                       
    
    * * * * *
        By order of the Board of Directors.
    ---------------------------------------------------------------------------
    
        \13\ If the FDIC is not satisfied with the extent to which a 
    bank meets these criteria, the FDIC may adjust the multiplication 
    factor used to calculate market risk capital requirements or 
    otherwise increase capital requirements.
        \14\ Back-testing includes ex post comparisons of the risk 
    measures generated by the model against the actual daily changes in 
    portfolio value.
    
        Dated at Washington, D.C., this 27th day of February 1996.
    Jerry L. Langley,
    Executive Secretary.
    [FR Doc. 96-5235 Filed 3-6-96; 8:45 am]
    BILLING CODE 4810-33-P (\1/3\), 6210-01-P (\1/3\), 6714-01-P (\1/3\)
    
    

Document Information

Published:
03/07/1996
Department:
Federal Deposit Insurance Corporation
Entry Type:
Proposed Rule
Action:
Joint notice of proposed rulemaking.
Document Number:
96-5235
Dates:
Comments must be received on or before April 5, 1996.
Pages:
9114-9119 (6 pages)
Docket Numbers:
Docket No. 96-05, Regulations H and Y, Docket No. R-0884
RINs:
1557-AB14: Capital Rules, 3064-AB72: Fair Housing
RIN Links:
https://www.federalregister.gov/regulations/1557-AB14/capital-rules, https://www.federalregister.gov/regulations/3064-AB72/fair-housing
PDF File:
96-5235.pdf
CFR: (4)
12 CFR 3
12 CFR 208
12 CFR 225
12 CFR 325