99-9185. Risk-Based Capital Standards: Market Risk  

  • [Federal Register Volume 64, Number 74 (Monday, April 19, 1999)]
    [Rules and Regulations]
    [Pages 19034-19039]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-9185]
    
    
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    DEPARTMENT OF THE TREASURY
    
    Office of the Comptroller of the Currency
    
    12 CFR Part 3
    
    [Docket No. 99-04]
    RIN 1557-AB14
    
    FEDERAL RESERVE SYSTEM
    
    12 CFR Parts 208 and 225
    
    [Regulations H and Y; Docket No. R-0996]
    
    FEDERAL DEPOSIT INSURANCE CORPORATION
    
    12 CFR Part 325
    
    RIN 3064-AC14
    
    
    Risk-Based Capital Standards: Market Risk
    
    AGENCIES: Office of the Comptroller of the Currency, Treasury; Board of 
    Governors of the Federal Reserve System; and Federal Deposit Insurance 
    Corporation.
    
    ACTION: Joint final rule.
    
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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) (collectively, the agencies) are 
    adopting as a final rule an interim rule amending their respective 
    risk-based capital standards for market risk applicable to
    
    [[Page 19035]]
    
    certain banks and bank holding companies with significant trading 
    activities. The interim rule implemented a revision to the Basle Accord 
    adopted in 1997. Prior to the revision, an institution that measured 
    specific risk with an internal model that adequately measured such risk 
    was subject to a minimum capital charge. An institution's capital 
    charge for specific risk had to be at least as large as 50 percent of a 
    specific risk charge calculated using the standardized approach. The 
    rule will finalize the interim rule, which reduced regulatory burden 
    for institutions with qualifying internal models because they no longer 
    must calculate a standardized specific risk capital charge.
    
    EFFECTIVE DATE: This final rule is effective on July 1, 1999.
    
    FOR FURTHER INFORMATION CONTACT: OCC: Margot Schwadron, Risk Expert 
    (202/874-5070), Amrit Sekhon, Risk Specialist (202/874-5070), Capital 
    Policy Division; or Ronald Shimabukuro, Senior Attorney (202/874-5090), 
    Legislative and Regulatory Activities Division, Office of the 
    Comptroller of the Currency, 250 E Street, S.W., Washington, DC 20219.
        Board: James Houpt, Deputy Associate Director (202/452-3358), 
    Barbara Bouchard, Manager (202/452-3072), T. Kirk Odegard, Financial 
    Analyst (202/530-6225), Division of Banking Supervision; or Stephanie 
    Martin, Senior Counsel (202/452-3198), Mark E. Van Der Weide, Attorney 
    (202/452-2263), Legal Division. For the hearing impaired only, 
    Telecommunication Device for the Deaf (TDD), Diane Jenkins (202/452-
    3544), Board of Governors of the Federal Reserve System, 20th and C 
    Streets, N.W., Washington, DC 20551.
        FDIC: William A. Stark, Assistant Director (202/898-6972), Miguel 
    Browne, Manager (202/898-6789), John J. Feid, Chief (202/898-8649), 
    Division of Supervision; for legal issues, Jamey Basham, Counsel (202/
    898-7265), Legal Division, Federal Deposit Insurance Corporation, 550 
    17th Street, N.W., Washington, DC 20429.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
        The agencies' risk-based capital standards are based upon 
    principles contained in the July 1988 agreement entitled 
    ``International Convergence of Capital Measurement and Capital 
    Standards'' (Accord). The Accord, developed by the Basle Committee on 
    Banking Supervision (Basle Committee) and endorsed by the central bank 
    governors of the Group of Ten (G-10) countries (G-10 Governors), 
    provides a framework for assessing an institution's capital adequacy by 
    weighting its assets and off-balance sheet exposures on the basis of 
    general counterparty credit risk.1 In December 1995, the G-
    10 Governors endorsed the Basle Committee's amendment to the Accord 
    (effective by year-end 1997) to incorporate a measure for exposure to 
    market risk (market risk amendment) into the capital adequacy 
    assessment. On September 6, 1996, the agencies issued revisions to 
    their risk-based capital standards implementing the Basle Committee's 
    market risk amendment (market risk rules) (61 FR 47358). In September 
    1997, the Basle Committee modified the market risk amendment and on 
    December 30, 1997, the agencies issued an interim rule implementing 
    that modification (62 FR 68064).
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        \1\ The G-10 countries are Belgium, Canada, France, Germany, 
    Italy, Japan, Netherlands, Sweden, Switzerland, the United Kingdom, 
    and the United States. The Basle Committee is comprised of 
    representatives of the central banks and supervisory authorities 
    from the G-10 countries and Luxembourg.
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        Under the agencies' market risk rules, banks and bank holding 
    companies (institutions) with significant trading activities must 
    measure and hold capital for exposure to both general market risk and 
    specific risk. General market risk refers to changes in the market 
    value of on-and off-balance-sheet items resulting from broad market 
    movements in interest rates, equity prices, foreign exchange rates, and 
    commodity prices. An institution must measure its general market risk 
    using its internal risk measurement model, subject to certain 
    qualitative and quantitative criteria, to calculate a capital charge 
    based on the model-determined value-at-risk (VAR).2
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        \2\ The VAR-based capital charge is the higher of (i) the 
    previous day's VAR measure, or (ii) the average of the daily VAR 
    measures for each of the preceding 60 business days multiplied by a 
    factor of three. Beginning no later than one year after becoming 
    subject to the market risk rules, an institution is required to 
    backtest its internal model. An institution may be required to apply 
    a higher multiplication factor, up to a factor of four, based on 
    backtesting results.
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        Specific risk refers to changes in the market value of individual 
    debt and equity positions in a trading portfolio due to factors other 
    than broad market movements. Under the agencies' market risk rules, an 
    institution may measure its specific risk by using either the 
    standardized approach 3 or its own internal model, if the 
    institution can demonstrate to the appropriate banking agency that the 
    model adequately measures specific risk. When the agencies initially 
    adopted the market risk rules, an institution using its internal model 
    to measure specific risk was required to hold capital for specific risk 
    equal to at least 50 percent of the specific risk charge calculated 
    using the standardized approach (the minimum specific risk charge). If 
    the portion of the institution's VAR attributable to specific risk did 
    not equal the minimum specific risk charge, the institution's VAR-based 
    capital charge was subject to an add-on charge of the difference 
    between the two. In practice, this required an institution employing an 
    internal model to measure specific risk to also calculate the specific 
    risk charge using the standardized approach.
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        \3\ The standardized approach applies a risk-weighting process 
    developed by the Basle Committee to individual financial 
    instruments. Under this approach, debt and equity instruments in the 
    institution's trading account are assessed a category-based fixed 
    capital charge.
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        When the agencies included the minimum specific risk charge as part 
    of the market risk rules, they recognized that dual calculations of 
    specific risk--that is, calculating specific risk with internal models 
    as well as using the standardized approach to establish the minimum 
    specific risk charge--would be burdensome. However, the agencies' 
    decision to include the minimum specific risk charge was consistent 
    with the Basle Committee's belief that a minimum charge was necessary 
    to ensure that modeling techniques for specific risk adequately 
    measured that risk. After the Basle Committee adopted the market risk 
    amendment, many institutions improved their modeling techniques and, in 
    particular, their modeling of specific risk. Recognizing these 
    improvements, in September 1997 the Basle Committee decided to 
    eliminate the use of the minimum specific risk charge and the burden of 
    a separate calculation. The Basle Committee revised the market risk 
    amendment so that an institution using a valid internal model to 
    measure specific risk could use the VAR measures generated by the model 
    without comparing the model-generated results to the minimum specific 
    risk charge calculated under the standardized approach.4 The 
    revisions specified that the specific risk elements of internal models 
    would be assessed consistently with the assessment of the general 
    market risk elements of such models through backtesting and review by 
    the relevant agency.
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        \4\ The revisions are described in the Committee's document 
    entitled ``Explanatory Note: Modification of the Basle Capital 
    Accord of July 1988, as Amended January 1996'' and is available 
    through the Board's and the OCC's Freedom of Information Office and 
    the FDIC's Public Information Center.
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        To implement this revision to the market risk amendment, the 
    agencies
    
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    issued an interim rule with a request for comment (62 FR 68064) in 
    December 1997. As discussed in the interim rule, the agencies found 
    sufficient good cause to make the amendments effective immediately, 
    without prior opportunity for public comment or a delayed effective 
    date. The interim rule applied only to the calculation of specific risk 
    under the market risk rules, and all other aspects of the market risk 
    rules remained unchanged.
    
    II. Comments Received
    
        The agencies received a total of three public comments on the 
    interim rule (two from industry trade associations and one from a 
    financial institution). All three commenters supported the interim 
    rule, primarily because of its reduction of regulatory burden. None of 
    the commenters suggested any changes to the interim rule.
    
    III. Final Rule
    
        The agencies are adopting in final form, without substantive 
    change, the interim rule eliminating the requirement that when an 
    institution measures specific risk using its internal model, the total 
    capital charge for specific risk must equal at least 50 percent of the 
    standard specific risk capital charge. This final rule does not apply 
    to institutions that use the standardized method to calculate specific 
    risk.
        For those institutions using internal models to calculate their 
    specific risk charges, the agencies will continue to review the 
    internal models to determine whether or not they adequately measure 
    specific risk. In reviewing these internal models, the agencies will 
    evaluate the extent to which the internal models adequately capture 
    idiosyncratic price variations of debt and equity instruments due to 
    circumstances unique to the issuer, as well as the instruments' 
    exposure to event and default risk. In order to capture specific risk 
    adequately, an institution's internal model must explain the historical 
    price variation in the portfolio. Internal models must also be 
    sensitive to changes in portfolio concentrations (both magnitude and 
    changes in composition), and require additional capital for greater 
    concentrations. The agencies likewise will take into account whether an 
    internal model is sensitive to an adverse environment. If an 
    institution's internal model adequately captures specific risk, the 
    institution may base its specific risk capital charge on the internal 
    model's estimates.
        If an institution's internal model does not adequately measure 
    specific risk, the institution must continue to calculate the standard 
    specific risk capital charge and add that charge to its VAR-based 
    capital charge for general market risk to produce its total regulatory 
    capital requirement for market risk. If an institution's internal model 
    adequately addresses idiosyncratic risk but does not adequately capture 
    all other aspects of specific risk, including event and default risk, 
    the institution may use its internal model to calculate specific risk, 
    but it will have a ``specific risk add-on.'' The specific risk add-on 
    may be calculated using either one of two approaches, both of which 
    have the effect of subjecting the modeled specific risk to a minimum 
    multiplier of four.5
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        \5\ The multiplier applicable to the modeled general market risk 
    elements will not be affected. Thus, the multiplier for general 
    market risk will continue to be three, unless a higher multiplier is 
    indicated by virtue of the institution's backtesting results for 
    general market risk, or unless no multiplier is applied because the 
    previous day's VAR for general market risk is higher than the 60-day 
    average times the multiplier.
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        Under the first approach, an institution whose internal model is 
    able to separate its VAR measure into general market risk and specific 
    risk components must use as its measure for market risk the total VAR-
    based capital charge (typically three times the internal model's 
    general and specific risk measure), plus an add-on consisting of the 
    isolated specific risk component of the VAR measure. Under the second 
    approach, an institution whose internal model does not separately 
    identify the specific and general market risk components of its VAR 
    measure must use as its measure for market risk the total VAR-based 
    capital charge, plus an add-on consisting of the VAR measures of the 
    subportfolios of debt and equity positions that contain specific risk. 
    An institution using the second approach may not alter its subportfolio 
    structures for the sole purpose of decreasing its VAR measure.
        An institution using its internal model for specific risk capital 
    purposes must backtest the model to assess whether the model accurately 
    explains observed price variations arising from both general market 
    risk and specific risk. To assist in internal model validation, the 
    institution should perform backtests on its traded debt and equity 
    subportfolios that contain specific risk. The institution should 
    conduct these backtests with the understanding that subportfolio 
    backtesting is a productive mechanism for assuring that instruments 
    with higher levels of specific risk, especially event or default risk, 
    are modeled accurately. If subportfolio backtests indicate an 
    unacceptable internal model, especially for unexplained price variation 
    that may be arising from specific risk, the institution should take 
    immediate action to improve the internal model and ensure that it has 
    sufficient capital to protect against associated risks.
        The agencies expect institutions to continue improving their 
    internal models, particularly with respect to measuring event and 
    default risk for traded debt and equity instruments. The agencies 
    intend to work with the industry in these efforts and believe that, 
    over time, market standards for measuring event and default risk will 
    emerge. As individual modeling methods are improved and become accepted 
    within the industry as effective measurement techniques for event and 
    default risk, the agencies will consider permitting such models to be 
    applied without any add-on charge. The Basle Committee may issue 
    general guidance for capturing event and default risk for trading book 
    instruments. Until such time as standards for measuring event and 
    default risk are established within the industry, the agencies intend 
    to cooperate with each other and communicate extensively with other 
    international supervisors to ensure that the market risk capital 
    requirements are implemented in an appropriate and consistent manner.
    
    IV. Changes From the Interim Rule
    
        In adopting the final rule, the Board and FDIC made certain wording 
    changes. These changes do not alter the effect or substance of the 
    final rule, and only conform or clarify the language.
        First, both the Board and the FDIC changed their language which 
    states that a bank that incorporates specific risk into its internal 
    model but fails to demonstrate that its internal model adequately 
    measures all aspects of specific risk may use its internal model to 
    calculate specific risk subject to a ``specific risk add-on.'' This 
    change was made to make the agencies' language more consistent. Second, 
    the Board and the FDIC conformed their definition of ``specific risk'' 
    to be more consistent with the OCC's language. Third, the FDIC has 
    changed paragraph (c) of Appendix C of Part 325 Section 5 to clarify 
    that, when an institution models the specific risk of either its 
    covered debt positions or its covered equity positions, but not both 
    components, the capital treatment specified for modeled specific risk 
    will apply as to the modeled component, and the standardized approach 
    will apply as to the non-modeled component. The add-on charge will 
    consist of the specific risk charge determined under the
    
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    standardized approach for the non-modeled component, plus the specific 
    risk add-on, if any, for the modeled component (because the model does 
    not adequately measure event and default risk). The FDIC's change in 
    this regard is technical. The language of the interim rule also 
    effectuated this approach, but the changes make it clearer to the 
    reader.
    
    V. Regulatory Flexibility Act Analysis
    
        Pursuant to section 603 of the Regulatory Flexibility Act (RFA), 
    RFA does not apply if any agency is not required to issue a Notice of 
    Proposed Rulemaking. Nevertheless, the agencies have considered the 
    impact of this final rule and determined that it will not have a 
    significant economic impact on a substantial number of small entities 
    within the meaning of the Regulatory Flexibility Act (5 U.S.C. 601 et 
    seq.). The final rule will rarely, if ever, apply to small entities. 
    Moreover, this final rule reduces regulatory burden, by eliminating the 
    need for institutions that model specific risk to make dual 
    calculations under the standardized approach in order to determine 
    their minimum specific risk charge.
    
    VI. Paperwork Reduction Act
    
        The agencies have determined that the final rule does not involve a 
    collection of information pursuant to the provisions of the Paperwork 
    Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    
    VII. Small Business Regulatory Enforcement Fairness Act
    
        The Small Business Regulatory Enforcement Fairness Act of 1996 
    (SBREFA) (Title II, Pub. L. 1004-121) provides generally for agencies 
    to report rules to Congress for review. The reporting requirement is 
    triggered when a federal agency issues a final rule. Accordingly, the 
    agencies filed the appropriate reports with Congress as required by 
    SBREFA.
        The Office of Management and Budget has determined that these final 
    rules do not constitute ``major rules'' as defined by SBREFA.
    
    VIII. OCC Executive Order 12866 Determination
    
        The OCC has determined that the final rule does not constitute a 
    ``significant regulatory action'' for the purpose of Executive Order 
    12866.
    
    IX. OCC Unfunded Mandates Reform Act of 1995 Determination
    
        Section 202 of the Unfunded Mandates Reform Act of 1995, Pub. L. 
    104-4 (Unfunded Mandates Act) requires that an agency prepare a 
    budgetary impact statement before promulgating a rule that includes a 
    Federal mandate that may result in expenditure by State, local, and 
    tribal governments, in the aggregate, or by the private sector, of $100 
    million or more in any one year. If a budgetary impact statement is 
    required, section 205 of the Unfunded Mandates Act also requires an 
    agency to identify and consider a reasonable number of regulatory 
    alternatives before promulgating a rule. As discussed in the preamble, 
    this final rule eliminates the minimum specific risk charge for 
    institutions that use internal models that adequately capture specific 
    risk. The effect of this final rule is to reduce regulatory burden by 
    no longer requiring institutions to make dual calculations under both 
    the institution's internal model and the standardized specific risk 
    model. The OCC therefore has determined that the effect of the final 
    rule on national banks as a whole will not result in expenditures by 
    State, local, or tribal governments or by the private sector of $100 
    million or more. Accordingly, the OCC has not prepared a budgetary 
    impact statement or specifically addressed the regulatory alternatives 
    considered.
    
    X. FDIC Assessment of Impact of Federal Regulation on Families
    
        The FDIC has determined that this final rule will not affect family 
    well-being within the meaning of section 654 of the Treasury and 
    General Government Appropriations Act of 1999 (Pub. Law 105-277).
    
    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
    
        Bank deposit insurance, 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 joint preamble, the OCC's portion of 
    the joint interim rule with request for comment amending 12 CFR part 3 
    titled Risk-Based Capital Standards: Market Risk, published on December 
    30, 1997, at 62 FR 68067 is adopted as final without change.
    
        Dated: March 24, 1999.
    John D. Hawke, Jr.,
    Comptroller of the Currency.
    
    Federal Reserve System
    
    12 CFR Chapter II
    
        For the reasons set forth in the joint preamble, the Board's 
    portion of the joint interim rule with request for comment, amending 12 
    CFR parts 208 and 225, published on December 30, 1997, at 62 FR 68067 
    is adopted as final with the following changes:
    
    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. 24, 36, 92a, 93a, 248(a), 248(c), 321-338a, 
    371d, 461, 481-486, 601, 611, 1814, 1816, 1818, 1823(j), 1828(o), 
    1831o, 1831p-1, 1831r-1, 1835a, 1882, 2901-2907, 3105, 3310, 3331-
    3351, and 3906-3909; 15 U.S.C. 78b, 78l(b), 781(g), 781(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, the appendix heading is revised to 
    read as follows:
    
    Appendix E to Part 208--Capital Adequacy Guidelines for State 
    Member Banks; Market Risk Measure
    
        3. In appendix E to part 208, section 2., paragraph (b)(2) is 
    revised to read as follows:
    * * * * *
    
    Section 2. Definitions
    
    * * * * *
        (b) * * *
    
        (2) Specific risk means changes in the market value of specific 
    positions due to factors other than broad market movements and 
    includes event and default risk as well as idiosyncratic variations.
    * * * * *
        4. In Appendix E to part 208, section 5., paragraphs (a), (b), and 
    the
    
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    introductory text of paragraph (c) are revised to read as follows:
    * * * * *
    
    Section 5. Specific Risk
    
        (a) Modeled specific risk. A bank may use its internal model to 
    measure specific risk. If the bank has demonstrated to the Federal 
    Reserve that its internal model measures the specific risk, 
    including event and default risk as well as idiosyncratic variation, 
    of covered debt and equity positions and includes the specific risk 
    measures in the VAR-based capital charge in section 3(a)(2)(i) of 
    this appendix, then the bank has no specific risk add-on for 
    purposes of section 3(a)(2)(ii) of this appendix. The model should 
    explain the historical price variation in the trading portfolio and 
    capture concentration, both magnitude and changes in composition. 
    The model should also be robust to an adverse environment and have 
    been validated through backtesting which assesses whether specific 
    risk is being accurately captured.
        (b) Partially modeled specific risk. (1) A bank that 
    incorporates specific risk in its internal model but fails to 
    demonstrate to the Federal Reserve that its internal model 
    adequately measures all aspects of specific risk for covered debt 
    and equity positions, including event and default risk, as provided 
    by section 5(a), of this appendix must calculate its specific risk 
    add-on in accordance with one of the following methods:
        (i) If the model is susceptible to valid separation of the VAR 
    measure into a specific risk portion and a general market risk 
    portion, then the specific risk add-on is equal to the previous 
    day's specific risk portion.
        (ii) If the model does not separate the VAR measure into a 
    specific risk portion and a general market risk portion, then the 
    specific risk add-on is the sum of the previous day's VAR measures 
    for subportfolios of covered debt and equity positions that contain 
    specific risk.
        (2) If a bank models the specific risk of covered debt positions 
    but not covered equity positions (or vice versa), then the bank may 
    determine its specific risk charge for the included positions under 
    section 5(a) or 5(b)(1) of this appendix, as appropriate. The 
    specific risk charge for the positions not included equals the 
    standard specific risk capital charge under paragraph (c) of this 
    section.
        (c) Specific risk not modeled. If a bank does not model specific 
    risk in accordance with section 5(a) or 5(b) of this appendix, then 
    the bank's specific risk capital charge shall equal the standard 
    specific risk capital charge, calculated as follows:
    * * * * *
    
    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, the appendix heading is revised to 
    read as follows:
    
    Appendix E to Part 225--Capital Adequacy Guidelines for Bank 
    Holding Companies: Market Risk Measure
    
        3. In appendix E to part 225, section 2., paragraph (b)(2) is 
    revised to read as follows:
    * * * * *
    
    Section 2. Definitions
    
    * * * * *
        (b) * * *
    
        (2) Specific risk means changes in the market value of specific 
    positions due to factors other than broad market movements and 
    includes event and default risk as well as idiosyncratic variations.
    * * * * *
        4. In appendix E to part 225, section 5., paragraphs (a), (b), and 
    the introductory text of paragraph (c) are revised to read as follows:
    * * * * *
    
    Section 5. Specific Risk
    
        (a) Modeled specific risk. A bank holding company may use its 
    internal model to measure specific risk. If the organization has 
    demonstrated to the Federal Reserve that its internal model measures 
    the specific risk, including event and default risk as well as 
    idiosyncratic variation, of covered debt and equity positions and 
    includes the specific risk measures in the VAR-based capital charge 
    in section 3(a)(2)(i) of this appendix, then the organization has no 
    specific risk add-on for purposes of section 3(a)(2)(ii) of this 
    appendix. The model should explain the historical price variation in 
    the trading portfolio and capture concentration, both magnitude and 
    changes in composition. The model should also be robust to an 
    adverse environment and have been validated through backtesting 
    which assesses whether specific risk is being accurately captured.
        (b) Partially modeled specific risk. (1) A bank holding company 
    that incorporates specific risk in its internal model but fails to 
    demonstrate to the Federal Reserve that its internal model 
    adequately measures all aspects of specific risk for covered debt 
    and equity positions, including event and default risk, as provided 
    by section 5(a) of this appendix, must calculate its specific risk 
    add-on in accordance with one of the following methods:
        (i) If the model is susceptible to valid separation of the VAR 
    measure into a specific risk portion and a general market risk 
    portion, then the specific risk add-on is equal to the previous 
    day's specific risk portion.
        (ii) If the model does not separate the VAR measure into a 
    specific risk portion and a general market risk portion, then the 
    specific risk add-on is the sum of the previous day's VAR measures 
    for subportfolios of covered debt and equity positions that contain 
    specific risk.
        (2) If a bank holding company models the specific risk of 
    covered debt positions but not covered equity positions (or vice 
    versa), then the bank holding company may determine its specific 
    risk charge for the included positions under section 5(a) or 5(b)(1) 
    of this appendix, as appropriate. The specific risk charge for the 
    positions not included equals the standard specific risk capital 
    charge under paragraph (c) of this section.
        (c) Specific risk not modeled. If a bank holding company does 
    not model specific risk in accordance with section 5(a) or 5(b) of 
    this appendix, then the organization's specific risk capital charge 
    shall equal the standard specific risk capital charge, calculated as 
    follows:
    * * * * *
        By order of the Board of Governors of the Federal Reserve 
    System, April 7, 1999.
    Jennifer J. Johnson,
    Secretary of the Board.
    
    Federal Deposit Insurance Corporation
    
    12 CFR Chapter III
    
        For the reasons set forth in the joint preamble, FDIC's portion of 
    the joint interim final rule with request for comment amending 12 CFR 
    part 325, published December 30, 1997, at 62 FR 66068 is adopted as 
    final with the following changes:
    
    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, 1835, 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, the appendix heading is revised to 
    read as follows:
    
    Appendix C to Part 325--Risk-Based Capital for State Non-Member 
    Banks: Market Risk
    
        3. In appendix C to part 325, section 2., paragraph (b)(2) is 
    revised to read as follows:
    * * * * *
    
    Section 2. Definitions
    
    * * * * *
        (b) * * *
    
        (2) Specific risk means changes in the market value of specific 
    positions due to factors other than broad market movements and 
    includes event and default risk as well as idiosyncratic variations.
    * * * * *
        4. In appendix C to part 325, section 5., paragraphs (a), (b), and 
    (c) introductory text are revised to read as follows:
    * * * * *
    
    [[Page 19039]]
    
    Section 5. Specific Risk
    
        (a) Modeled specific risk. A bank may use its internal model to 
    measure specific risk. If the bank has demonstrated to the FDIC that 
    its internal model measures the specific risk, including event and 
    default risk as well as idiosyncratic variation, of covered debt and 
    equity positions and includes the specific risk measure in the VAR-
    based capital charge in section 3(a)(2)(i) of this appendix, then 
    the bank has no specific risk add-on for purposes of section 
    3(a)(2)(ii) of this appendix. The model should explain the 
    historical price variation in the trading portfolio and capture 
    concentration, both magnitude and changes in composition. The model 
    should also be robust to an adverse environment and have been 
    validated through backtesting which assesses whether specific risk 
    is being accurately captured.
        (b) Add-on charge for modeled specific risk. A bank that 
    incorporates specific risk in its internal model but fails to 
    demonstrate to the FDIC that its internal model adequately measures 
    all aspects of specific risk for covered debt and equity positions, 
    including event and default risk, as provided by section 5(a) of 
    this appendix, must calculate the bank's specific risk add-on for 
    purposes of section 3(a)(2)(ii) of this appendix as follows:
        (1) If the model is capable of valid separation of the VAR 
    measure into a specific risk portion and a general market risk 
    portion, then the specific risk add-on is equal to the previous 
    day's specific risk portion.
        (2) If the model does not separate the VAR measure into a 
    specific risk portion and a general market risk portion, then the 
    specific risk add-on is the sum of the previous day's VAR measures 
    for subportfolios of covered debt and equity positions.
        (c) Add-on charge if specific risk is not modeled. If a bank 
    does not model specific risk in accordance with paragraph (a) or (b) 
    of this section, the bank's specific risk add-on charge for purposes 
    of section 3(a)(2)(ii) of this appendix equals the sum of the 
    components for covered debt and equity positions. If a bank models, 
    in accordance with paragraph (a) or (b) of this section, the 
    specific risk of covered debt positions but not covered equity 
    positions (or vice versa), then the bank's specific risk add-on 
    charge for the positions not modeled is the component for covered 
    debt or equity positions as appropriate:
    * * * * *
        Dated at Washington, D.C. this 23rd day of March, 1999.
    
        By order of the Board of Directors.
    
    Federal Deposit Insurance Corporation.
    Robert E. Feldman,
    Executive Secretary.
    [FR Doc. 99-9185 Filed 4-16-99; 8:45 am]
    BILLING CODES 4810-33-P; 6210-01-P; 6714-01-P
    
    
    

Document Information

Effective Date:
7/1/1999
Published:
04/19/1999
Department:
Federal Deposit Insurance Corporation
Entry Type:
Rule
Action:
Joint final rule.
Document Number:
99-9185
Dates:
This final rule is effective on July 1, 1999.
Pages:
19034-19039 (6 pages)
Docket Numbers:
Docket No. 99-04, Regulations H and Y, Docket No. R-0996
RINs:
1557-AB14: Capital Rules, 3064-AC14
RIN Links:
https://www.federalregister.gov/regulations/1557-AB14/capital-rules
PDF File:
99-9185.pdf
CFR: (4)
12 CFR 3
12 CFR 208
12 CFR 225
12 CFR 325