[Federal Register Volume 91, Number 59 (Friday, March 27, 2026)]
[Proposed Rules]
[Pages 14952-15329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-05959]



[[Page 14951]]

Vol. 91

Friday,

No. 59

March 27, 2026

Part III





Department of the Treasury





-----------------------------------------------------------------------





Office of the Comptroller of the Currency





-----------------------------------------------------------------------





12 CFR Parts 3, 6, and 32





Federal Reserve System





-----------------------------------------------------------------------

12 CFR Parts 208, 217, et al.





Federal Deposit Insurance Corporation





-----------------------------------------------------------------------

12 CFR Part 324





Regulatory Capital Rule: Category I and II Banking Organizations, 
Banking Organizations With Significant Trading Activity, and Optional 
Adoption for Other Banking Organizations; Proposed Rule

Federal Register / Vol. 91, No. 59 / Friday, March 27, 2026 / 
Proposed Rules

[[Page 14952]]


-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency

12 CFR Parts 3, 6, and 32

[Docket ID OCC-2026-0265]
RIN 1557-AF52

FEDERAL RESERVE SYSTEM

12 CFR Parts 208, 217, 225, 238, and 252

[Docket No. 1887]
RIN 7100-AH20

FEDERAL DEPOSIT INSURANCE CORPORATION

12 CFR Part 324

RIN 3064-AF29


Regulatory Capital Rule: Category I and II Banking Organizations, 
Banking Organizations With Significant Trading Activity, and Optional 
Adoption for Other Banking Organizations

AGENCY: Office of the Comptroller of the Currency (OCC), Treasury; the 
Board of Governors of the Federal Reserve System (Board); and the 
Federal Deposit Insurance Corporation (FDIC).

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Office of the Comptroller of the Currency, the Board of 
Governors of the Federal Reserve System, and the Federal Deposit 
Insurance Corporation are proposing to modernize the capital 
requirements applicable to Category I and II depository institution 
holding companies and depository institutions, as well as revise the 
market risk capital framework for banking organizations with 
significant trading activity (the proposal). The proposal would improve 
the regulatory capital framework for covered banking organizations by 
enhancing its risk sensitivity and consistency and by simplifying core 
components of its design. The agencies expect the proposal would 
support the safety and soundness of covered banking organizations and 
U.S. financial stability while promoting lending and other financial 
intermediation activities in the banking system over a range of 
economic conditions.

DATES: Comments must be received by June 18, 2026.

ADDRESSES: Comments should be directed to:
     OCC: Commenters are encouraged to submit comments through 
the Federal eRulemaking Portal, if possible. Please use the title 
``Regulatory Capital Rule: Category I and II Banking Organizations, 
Banking Organizations with Significant Trading Activity, and Optional 
Adoption for Other Banking Organizations'' to facilitate the 
organization and distribution of the comments and identify the number 
of the specific question(s) to which you are responding. You may submit 
comments by any of the following methods:
    Federal eRulemaking Portal--Regulations.gov:
    Go to https://regulations.gov/. Enter Docket ID ``OCC-2026-0265'' 
in the Search Box and click ``Search.'' Public comments can be 
submitted via the ``Comment'' box below the displayed document 
information or by clicking on the document title and then clicking the 
``Comment'' box on the top-left side of the screen. For help with 
submitting effective comments, please click on ``Commenter's 
Checklist.'' For assistance with the Regulations.gov site, please call 
1-866-498-2945 (toll free) Monday-Friday, 9 a.m.-5 p.m. EST, or email 
[email protected].
     Mail: Chief Counsel's Office, Attention: Comment 
Processing, Office of the Comptroller of the Currency, 400 7th Street, 
SW, Suite 3E-218, Washington, DC 20219.
     Hand Delivery/Courier: 400 7th Street SW, Suite 3E-218, 
Washington, DC 20219.
    Instructions: You must include ``OCC'' as the agency name and 
Docket ID ``OCC-2026-0265'' in your comment. In general, the OCC will 
enter all comments received into the docket and publish the comments on 
the Regulations.gov website without change, including any business or 
personal information provided such as name and address information, 
email addresses, or phone numbers. Comments received, including 
attachments and other supporting materials, are part of the public 
record and subject to public disclosure. Do not include any information 
in your comment or supporting materials that you consider confidential 
or inappropriate for public disclosure.
    You may review comments and other related materials that pertain to 
this action by the following method:
    Viewing Comments Electronically--Regulations.gov:
    Go to https://regulations.gov/. Enter Docket ID ``OCC-2026-0265'' 
in the
    Search Box and click ``Search.'' Click on the ``Dockets'' tab and 
then the document's title. After clicking the document's title, click 
the ``Browse All Comments'' tab. Comments can be viewed and filtered by 
clicking on the ``Sort By'' drop-down on the right side of the screen 
or the ``Refine Comments Results'' options on the left side of the 
screen. Supporting materials can be viewed by clicking on the ``Browse 
Documents'' tab. Click on the ``Sort By'' drop-down on the right side 
of the screen or the ``Refine Results'' options on the left side of the 
screen checking the ``Supporting & Related Material'' checkbox. For 
assistance with the Regulations.gov site, please call 1-866-498-2945 
(toll free) Monday-Friday, 9 a.m.-5 p.m. EST, or email 
[email protected].
    The docket may be viewed after the close of the comment period in 
the same manner as during the comment period.
    Board: You may submit comments, identified by Docket No. R-1887, 
and RIN 7100-AH20 by any of the following methods:
     Agency website: https://www.federalreserve.gov/apps/proposals/. Follow the instructions for submitting comments, including 
attachments. Preferred Method.
     Mail: Benjamin W. McDonough, Secretary, Board of Governors 
of the Federal Reserve System, 20th Street and Constitution Avenue NW, 
Washington, DC 20551.
     Hand Delivery/Courier: Same as mailing address.
     Other Means: [email protected]. You must include the 
docket number in the subject line of the message.
    Comments received are subject to public disclosure. In general, 
comments received will be made available on the Board's website at 
https://www.federalreserve.gov/apps/proposals/ without change and will 
not be modified to remove personal or business information including 
confidential, contact, or other identifying information. Comments 
should not include any information such as confidential information 
that would be not appropriate for public disclosure. Comments should 
identify the number for the specific question(s) to which they respond. 
Public comments may also be viewed electronically or in person in Room 
M-4365A, 2001 C St. NW, Washington, DC 20551, between 9 a.m. and 5 p.m. 
during Federal business weekdays.
    FDIC: You may submit comments to the FDIC, identified by RIN 3064-
AF29 and identify the number for the specific question(s) to which you 
are responding, by any of the following methods:
    Agency website: https://www.fdic.gov/resources/regulations/federal-register-publications. Follow instructions for submitting comments on 
the FDIC's website.

[[Page 14953]]

    Mail: Jennifer M. Jones, Deputy Executive Secretary, Attention: 
Comments/Legal OES (RIN 3064-AF29), Federal Deposit Insurance 
Corporation, 550 17th Street NW, Washington, DC 20429.
    Hand Delivered/Courier: Comments may be hand-delivered to the guard 
station at the rear of the 550 17th Street NW, building (located on F 
Street NW) on business days between 7 a.m. and 5 p.m.
    Email: [email protected]. Include the RIN 3064-AF29 on the subject 
line of the message.
    Public Inspection: Comments received, including any personal 
information provided, may be posted without change to https://www.fdic.gov/resources/regulations/federal-register-publications. 
Commenters should submit only information that the commenter wishes to 
make available publicly. The FDIC may review, redact, or refrain from 
posting all or any portion of any comment that it may deem to be 
inappropriate for publication, such as irrelevant or obscene material. 
The FDIC may post only a single representative example of identical or 
substantially identical comments, and in such cases will generally 
identify the number of identical or substantially identical comments 
represented by the posted example. All comments that have been 
redacted, as well as those that have not been posted, that contain 
comments on the merits of this document will be retained in the public 
comment file and will be considered as required under all applicable 
laws. All comments may be accessible under the Freedom of Information 
Act.

FOR FURTHER INFORMATION CONTACT: 
    OCC: Venus Fan, Risk Expert, Benjamin Pegg, Technical Expert, or 
Diana Wei, Risk Expert, Capital Policy, (202) 649-6370; Carl Kaminski, 
Assistant Director, Ron Shimabukuro, Senior Counsel, Kevin 
Korzeniewski, Counsel, Daniel Perez, Counsel, Christopher Rafferty, 
Counsel, or Joanne Phillips, Counsel, Chief Counsel's Office, (202) 
649-5490, Office of the Comptroller of the Currency, 400 7th Street SW, 
Washington, DC 20219. If you are deaf, hard of hearing, or have a 
speech disability, please dial 7-1-1 to access telecommunications relay 
services.
    Board: Anna Lee Hewko, Associate Director, (202) 530-6260; Andrew 
Willis, Manager, (202) 430-1667; Missaka Nuwan Warusawitharana, 
Manager, (202) 452-3461; Cecily Boggs, Lead Financial Institution 
Policy Analyst, (202) 530-6209; Marco Migueis, Principal Economist, 
(202) 452-6447; Diana Iercosan, Principal Economist, (202) 912-4648; 
Nadya Zeltser, Lead Financial Institution Policy Analyst, (202) 452-
3164; Division of Supervision and Regulation; or Jay Schwarz, Deputy 
Associate General Counsel, (202) 452-2970; Mark Buresh, Senior Special 
Counsel, (202) 452-5270; Gillian Burgess, Senior Counsel, (202) 736-
5564; Jonah Kind, Senior Counsel, (202) 452-2045, Legal Division, Board 
of Governors of the Federal Reserve System, 20th Street and 
Constitution Avenue NW, Washington, DC 20551. For users of TTY-TRS, 
please call 711 from any telephone, anywhere in the United States.
    FDIC: Benedetto Bosco, Chief Capital Policy Section; Bob Charurat, 
Corporate Expert; Irina Leonova, Corporate Expert; Andrew Carayiannis, 
Chief, Policy and Risk Analytics Section; Michael Maloney, Senior 
Policy Analyst; Iris Li, Senior Policy Analyst; Olga Lionakis, Senior 
Policy Analyst; Richard Smith, Capital Markets Policy Analyst; Ernest 
Barkett, Financial Analyst; Kyle McCormick, Senior Policy Analyst; 
Keith Bergstresser, Senior Policy Analyst; Lauren Brown, Senior Risk 
and Policy Analyst; Rachel Romm-Nisson, Risk Analytics Specialist; Jim 
Yu, Senior Policy Analyst, Peter Yen, Senior Policy Analyst; Huiyang 
Zhou, Senior Quantitative Risk Specialist; Soo Jeong Kim, Capital 
Markets Policy Analyst; Capital Markets and Accounting Policy Branch, 
Division of Risk Management Supervision; Catherine Wood, Counsel; 
Merritt Pardini, Counsel; Kevin Zhao, Senior Attorney; Nicholas Soyer, 
Attorney, Michael Overmyer, Special Counsel, Legal Division; 
[email protected], (202) 898-6888; Federal Deposit Insurance 
Corporation, 550 17th Street NW, Washington, DC 20429.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Introduction
    A. Statutory Authority
    B. Objectives of the Proposal
    C. Overview of the Proposal
II. Scope, Design, and Other Overarching Issues
    A. Scope of Application
    B. Single Set of Risk-Based Requirements
    C. Removal of Internal Models for Credit and Operational Risk
    D. Overlaps With the Stress Capital Buffer Requirement
    E. Indexing of Thresholds
    F. The Role of International Standards in Developing U.S. 
Capital Requirements
    G. Treatments Retained from the Current Standardized Approach
III. Definition of Capital
IV. Calculation of Risk-Weighted Assets Under the Expanded Risk-
Based Approach
    A. Credit Risk
    1. Exposure Amounts
    2. Proposed Risk Weights for Credit Risk
    3. Off-Balance Sheet Exposures
    4. Counterparty Credit Risk-Related Exposures
    5. Credit Risk Mitigation
    B. Securitization Framework
    1. Definitions
    2. Operational Requirements
    3. Exposure Amount of a Securitization Exposure
    4. Securitization Standardized Approach (SEC-SA)
    5. Exceptions to the SEC-SA Risk-Based Capital Treatment for 
Securitization Exposures
    6. Credit Risk Mitigation for Securitization Exposures
    C. Equity Exposures
    1. Adjusted Carrying Value
    2. Simple Risk-Weight Approach (SRWA)
    D. Operational Risk
    1. Business Indicator
    2. Business Indicator Component
    3. Alternative Simple Approaches
    4. Operational Risk Management
V. Calculation of Risk-Weighted Assets Under the Market Risk 
Framework
    A. Market Risk
    1. Background
    2. Scope and Application of the Proposed Rule
    3. Measure for Market Risk
    4. Market Risk Covered Position
    5. Internal Risk Transfers
    6. General Requirements for Market Risk
    7. Standardized Non-Default Capital Requirement
    8. Models-Based Non-Default Capital Requirement
    9. Default Risk Capital Requirement
    10. Treatment of Certain Market Risk Covered Positions
    11. Reporting and Disclosure Requirements
    12. Technical Amendments
    B. Credit Valuation Adjustment Risk
    1. Background
    2. Scope of Application
    3. CVA Risk Covered Positions and CVA Hedges
    4. General Risk Management Requirements
    5. Measure for CVA Risk
    6. Reporting and Disclosure Requirements
VI. Disclosure Requirements
    A. Proposed Disclosure Requirements
    B. Specific Public Disclosure Requirements
VII. Estimated Impact on Capital Requirements
    A. Standalone Effect of Proposed Capital Rule Changes
    1. Impact on Other Banking Organizations
    B. Cumulative Effect of Proposed Capital Rule Changes
    1. Cumulative Impact of Recent Proposals on Capital Requirements
    2. Cumulative Impact of Recent Proposals on Common Eequity Tier 
1 Capital Requirements by Risk Type
    C. Impact by Banking Activities
    1. Impact on Risk-Weighted Assets by Banking Activity
    2. Cumulative Impact of Recent Proposals on Common Equity Tier 1 
Capital Requirements by Banking Activity
    D. Data and Estimation Methodology

[[Page 14954]]

    1. Estimation of Risk-Weighted Assets Under the Proposed 
Expanded Risk-Based Approach
    2. Extrapolation of Estimates to Other Time Periods and Banking 
Organizations
    3. Attribution of Risk-Weighted Assets to Banking Activities
    4. Estimation of Capital Requirements
    5. Attribution of Stress Capital Buffer Requirement to Risk 
Categories
VIII. Economic Analysis
    A. Overview of the Baseline
    1. Capital Ratios of Category I and II Banking Organizations--
Cross Section
    2. Capital Ratios of Banking Organizations--Time Series
    3. Portfolio Characteristics of Category I and II Banking 
Organizations--by Revenue
    4. Portfolio Characteristics of Category I and II Banking 
Organizations--by Broad Asset Class
    5. Dependency of the U.S. Economy on the Banking System
    6. Nonbank Financial Intermediaries
    B. Reasonable Alternatives
    1. Alternative 1: Dual Calculation Implementation
    2. Alternative 2: BCBS Models-Based Implementation
    3. Alternative 3: BCBS Standardized Implementation
    4. Quantitative Estimates and Discussion
    C. Macroeconomic Effects and the Analysis of the Proposal With 
Respect to Estimates of Optimal Capital Levels
    1. Impact of the Proposals
    2. Development of the Literature on the Optimal Level of Capital 
in the Banking System
    3. General Equilibrium Models of Optimal Capital Levels
    4. Limitations of Applying the Academic Studies on Optimal 
Capital Levels To Evaluating the Proposals
    5. Differences Across U.S. Households
    6. Benefits From Improved Risks Measurement
    7. Microprudential Consequences of the Proposals
    D. Effects on Lending (Including Credit Cards, Residential 
Mortgages, and Business Lending)
    1. Credit Cards
    2. Residential Mortgages
    3. Corporate Loans
    E. Effects on Trading
    1. Changes in Capital Requirements Across Different Trading 
Activities
    2. Impact on Banking Organizations
    3. Impacts on Markets
    F. Effect on Competitiveness
    1. On Internationally Active Banks
    2. On Smaller Banks
    3. On Nonbank Financial Intermediaries
    4. On Consumer Welfare and Barriers to Entry
    G. Conclusion
IX. Technical Amendments to the Capital Rule
    A. Additional OCC Technical Amendments
    B. Additional FDIC Technical Amendments
X. Related Proposals and Proposed Amendments to Related Rules
    A. Related Proposals
    B. OCC Amendments
    C. Board Amendments
XI. Administrative Law Matters
    A. Paperwork Reduction Act
    B. Regulatory Flexibility Act
    C. Plain Language
    D. Riegle Community Development and Regulatory Improvement Act 
of 1994
    E. OCC Unfunded Mandates Reform Act of 1995 Determination
    F. Executive Orders 12866, 13563, and 14192
    G. Providing Accountability Through Transparency Act of 2023

I. Introduction

    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 
proposing to modernize the capital requirements applicable to Category 
I and II depository institution holding companies and depository 
institutions (henceforth Category I and II banking organizations) and 
the market risk capital framework applicable to banking organizations 
with significant trading activity.\1\ The proposal would improve the 
regulatory capital framework for covered banking organizations by 
enhancing its risk sensitivity and consistency, as well as by 
simplifying core components of its design.\2\ Improving the risk 
sensitivity of the regulatory capital framework would mean that a 
banking organization's capital requirements more readily increase or 
decrease due to changes in the risk of its business activities. 
Improving the consistency of the regulatory capital framework would 
mean that the regulatory capital framework would apply similar capital 
requirements to exposures with similar risks across different banking 
organizations.
---------------------------------------------------------------------------

    \1\ In 2019, the agencies adopted rules establishing four 
categories of capital standards for U.S. banking organizations with 
$100 billion or more in total consolidated assets and foreign 
banking organizations with $100 billion or more in combined U.S. 
assets. Under this framework, Category I standards apply to U.S.-
domiciled bank holding companies identified as global systemically 
important BHCs and their depository institution subsidiaries. 
Category II standards apply to banking organizations with at least 
$700 billion in total consolidated assets or at least $75 billion in 
cross-jurisdictional activity and their depository institution 
subsidiaries. Category III standards apply to banking organizations 
with total consolidated assets of at least $250 billion or at least 
$75 billion in weighted short-term wholesale funding, nonbank 
assets, or off-balance sheet exposures and their depository 
institution subsidiaries. Category IV standards apply to banking 
organizations with total consolidated assets of at least $100 
billion that do not meet the thresholds for a higher category and 
their depository institution subsidiaries. See 12 CFR 3.2 (OCC); 12 
CFR 217.400, 238.10, 252.5, (Board); 12 CFR 324.2 (FDIC); 
``Prudential Standards for Large Bank Holding Companies, Savings and 
Loan Holding Companies, and Foreign Banking Organizations,'' 84 FR 
59032 (Nov. 1, 2019); ``Changes to Applicability Thresholds for 
Regulatory Capital and Liquidity Requirements,'' 84 FR 59230 (Nov. 
1, 2019).
    \2\ The term covered banking organizations refers to Category I 
and II banking organizations, banking organizations with significant 
trading activity, and banking organizations that elect to use the 
expanded risk-based approach (as discussed further below).
---------------------------------------------------------------------------

    Elements of the proposal would address comments received from the 
Economic Growth and Regulatory Paperwork Reduction Act (EGRPRA) public 
notices.\3\ Consistent with other recent efforts to modify the 
regulatory capital framework, the agencies expect the proposal would 
support the safety and soundness of covered banking organizations and 
U.S. financial stability while promoting lending and other financial 
intermediation activities by covered banking organizations over a range 
of economic conditions.\4\
---------------------------------------------------------------------------

    \3\ The agencies, together with the Federal Financial 
Institutions Examination Council, commenced a review under the 
Economic Growth and Regulatory Paperwork Reduction Act of 1996 in 
2024 to identify outdated or otherwise unnecessary regulatory 
requirements. The agencies will continue reviewing and considering 
these comments as part of any final rulemaking. Public Law 104-208, 
Div. A, Title II, section 2222, 110 Stat. 3009-414, (1996) (codified 
at 12 U.S.C. 3311). See also Regulatory Publication and Review Under 
the Economic Growth and Regulatory Paperwork Reduction Act of 1996, 
90 FR. 35241 (Jul. 25, 2025).
    \4\ Other recent initiatives to modernize the capital framework 
include the finalized changes to the enhanced supplementary leverage 
ratio standards, which would reinforce the role of leverage 
requirements as a backstop to risk-based capital requirements and 
address unintended incentive effects (see 90 FR 55248 (Dec. 1, 
2025); the community bank leverage ratio proposal, which would 
reduce regulatory burden while continuing to ensure the safety and 
soundness of community banks (see 90 FR 55048 (Dec. 1, 2025); and 
recent proposals to revise the Board's stress testing framework, 
which would improve its transparency and reduce excess volatility in 
the stress capital buffer requirement (see 90 FR 16843 (Apr. 22, 
2025) and 90 FR 51856 (Nov. 18, 2025)).
---------------------------------------------------------------------------

    Requirements under the proposal would generally be consistent with 
international capital standards issued by the Basel Committee on 
Banking Supervision (Basel Committee).\5\ Where appropriate, however, 
the proposal may differ from the standards published by the Basel 
Committee (Basel standards) to reflect specific characteristics of U.S. 
markets, requirements under U.S. generally accepted accounting

[[Page 14955]]

principles (GAAP),\6\ practices of U.S. banking organizations, and U.S. 
statutory mandates and policy objectives. For example, the proposal 
would remove the current requirement to deduct mortgage servicing 
assets (MSAs) from regulatory capital and instead subject all MSAs to a 
250 percent risk weight. This aspect of the proposal is intended to 
remove a regulatory disincentive for residential mortgage servicing and 
origination, reducing impacts on broader policy objectives regarding 
the U.S. housing market.
---------------------------------------------------------------------------

    \5\ The Basel Committee is a committee composed of central banks 
and banking supervisory authorities, which was established by the 
central bank governors of the G-10 countries in 1975. The 
consolidated Basel framework is available at https://www.bis.org/basel_framework/. For additional discussion of the revisions to the 
Basel framework with which this proposal would align, see also 
https://www.bis.org/bcbs/publ/d424.htm, https://www.bis.org/bcbs/publ/d457.htm, and https://www.bis.org/bcbs/publ/d507.htm.
    \6\ GAAP often serve as a foundational measurement component for 
U.S. capital requirements. See also 12 U.S.C. 1831n (generally 
requiring that financial reports required by the agencies from 
banking organizations use U.S. GAAP).
---------------------------------------------------------------------------

    The agencies expect that the proposal would increase the common 
equity tier 1 capital requirements of Category I and II holding 
companies by about 1.2 percent, while decreasing corresponding 
requirements for Category I and II subsidiary depository institutions 
by 5.1 percent.\7\ Together with the GSIB surcharge proposal and the 
stress testing changes proposed in October 2025,\8\ the Board expects 
that the common equity tier 1 capital requirements for Category I and 
II holding companies would decline by 5.0 percent (see section VII for 
additional discussion of capital impact).\9\ The agencies performed 
extensive economic analysis to assess the potential effects of the 
proposal, including together with related proposals (see section VIII). 
The improvements in risk sensitivity, simplicity, transparency and 
consistency of risk-based capital requirements expected to result from 
the proposal justify its expected costs.
---------------------------------------------------------------------------

    \7\ The revisions introduced by the proposal to the calculation 
of risk-weighted assets would also modify Category I bank holding 
companies' total loss-absorbing capacity (TLAC) requirements and 
long-term debt requirements.
    \8\ See 90 FR 51856 (Nov. 18, 2025).
    \9\ A banking organization for which the Board is the primary 
Federal supervisor must maintain capital ratios above the sum of its 
minimum requirements and buffer requirements to avoid restrictions 
on capital distributions and discretionary bonus payments.
---------------------------------------------------------------------------

    The agencies seek comment on all aspects of the proposal.\10\
---------------------------------------------------------------------------

    \10\ In 2023, the agencies published a proposal to revise the 
capital rule based on the Basel Committee framework. 88 FR 64028 
(Sept. 18, 2023). The agencies are rescinding the 2023 proposal. 
Members of the public that seek to submit comments on the current 
proposal must submit comments in line with the procedures described 
in this proposal.
---------------------------------------------------------------------------

A. Statutory Authority

    Congress has authorized the agencies to establish risk-based 
capital requirements and standards for banking organizations subject to 
this proposal. Section 165 of the Dodd-Frank Wall Street Reform and 
Consumer Protection Act (Dodd-Frank Act),\11\ as amended by section 401 
of the Economic Growth, Regulatory Relief, and Consumer Protection 
Act,\12\ requires the Board to establish enhanced prudential standards 
that include risk-based capital requirements for bank holding companies 
with $250 billion or more in total consolidated assets.\13\ The prompt 
corrective action framework in section 38 of the Federal Deposit 
Insurance Act (FDI Act) requires the agencies to prescribe capital 
standards for insured depository institutions that include a risk-based 
capital requirement and provides that the agencies may establish any 
additional relevant capital measures to carry out the purpose of that 
section.\14\ Various other statutory authorities provide the agencies 
with broad discretionary authority to set capital requirements and 
standards for banking organizations supervised by the agencies, 
including national banking associations, state-chartered banks, savings 
associations, and depository institution holding companies.\15\
---------------------------------------------------------------------------

    \11\ Dodd-Frank Wall Street Reform and Consumer Protection Act, 
Public Law 111-203, 124 Stat. 1376 (2010).
    \12\ Economic Growth, Regulatory Relief, and Consumer Protection 
Act, Public Law 115-174, 132 Stat. 1296 (2018).
    \13\ See 12 U.S.C. 5365(a)(1), (b)(1)(A)(i). Section 165 of the 
Dodd-Frank Act also provides that the Board may apply any prudential 
standard established under section 165 to any bank holding company 
with $100 billion or more in total consolidated assets to which the 
prudential standard does not otherwise apply, under certain 
circumstances. 12 U.S.C. 5365(a)(2)(C). Section 165, in relevant 
part, also applies to foreign banks or companies that are treated as 
a bank holding company for purposes of the Bank Holding Company Act. 
See 12 U.S.C. 3106(a), 5311(a)(1). See also section 401(g) of the 
Economic Growth, Regulatory Relief, and Consumer Protection Act 
(regarding the Board's authority to establish enhanced prudential 
standards for foreign banking organizations with total consolidated 
assets of $100 billion or more). 12 U.S.C. 5365 note.
    \14\ See 12 U.S.C. 1831o(c)(1)(A), (c)(1)(B)(i).
    \15\ See 12 U.S.C. 93a (national banking associations); 12 
U.S.C. 248(i), 324, 327, 329 (state member banks); 12 U.S.C. 1463 
(savings associations); 12 U.S.C. 1467a(g)(1) (savings and loan 
holding companies); 12 U.S.C. 1844(b) (bank holding companies); 12 
U.S.C. 3106 (certain U.S. operations of foreign banking 
organizations); 12 U.S.C. 3902(1)-(2), 3907(a), 3909(a), (c)(1)-(2) 
(depository institutions; affiliates of depository institutions, 
including holding companies; and certain U.S. operations of foreign 
banking organizations); 12 U.S.C. 5371 (insured depository 
institutions, depository institution holding companies, and nonbank 
financial companies supervised by the Board). Additional statutory 
authorities relevant to the agencies' capital rule can be found in 
the authority citations in the capital rule. See 12 CFR part 3 
(OCC); 12 CFR part 217 (Board); 12 CFR part 324 (FDIC).
---------------------------------------------------------------------------

B. Objectives of the Proposal

    The proposal aims to improve the capital framework for covered 
banking organizations by enhancing its risk sensitivity, reducing 
complexity, and improving transparency and consistency.
    Risk sensitivity is a core feature of risk-based capital 
requirements. The proposed framework aims to improve the alignment of 
regulatory capital requirements with the risks presented by banking 
organizations' exposures. Such alignment could help promote safe and 
sound banking organizations that can lend through a range of economic 
conditions.
    To further improve the capital framework, the proposal seeks to 
reduce complexity by simplifying its overall design. Redundant or 
unnecessarily complex requirements, such as multiple risk-based capital 
frameworks applying to the same banking organization, add costs that 
outweigh any incremental benefits presented by such an approach, 
whereas a simpler framework reduces compliance burden and strengthens 
transparency. Clear and transparent requirements support safety and 
soundness by making it easier for supervisors, investors, and other 
stakeholders to assess the financial condition of banking 
organizations. A central element of the proposal's effort to reduce 
redundancy is better integration with the Board's stress testing 
framework, which is achieved by considering jointly the calibrations of 
this proposal and the proposed stress test model changes that would 
inform stress capital buffer requirements.
    The proposal would also promote consistency. Consistent capital 
requirements hold banking organizations with similar risk profiles to 
similar standards, thereby reducing unwarranted divergence. Consistency 
is also valuable internationally. The proposal is generally aligned 
with the Basel standards, with some differences as discussed in section 
II.F of this Supplementary Information. Broadly consistent regulatory 
frameworks should reduce complexity and compliance costs for banking 
organizations with cross-border operations, including both U.S. banking 
organizations operating abroad and foreign banking organizations 
operating in the United States.
    By improving risk-based capital requirements, the proposal would 
bolster the role of large U.S. banking organizations in supporting the 
broader economy. The reforms that followed the 2007-09 financial crisis 
substantially increased the resilience of the U.S.

[[Page 14956]]

banking system. However, in some cases, these post-crisis reforms have 
imposed burdens that contributed to the migration of some activities, 
such as mortgage origination and servicing, outside of the regulated 
banking sector.\16\ Revising the regulatory capital framework to better 
align requirements with risks--and in so doing easing requirements on 
some lower-risk, traditional banking activities--would contribute to 
U.S. banking organizations becoming better positioned to support the 
economy.
---------------------------------------------------------------------------

    \16\ According to the 2024 Financial Stability Oversight Council 
report on nonbank mortgage servicing, nonbank mortgage companies 
originated approximately two-thirds of mortgages in the United 
States and owned the servicing rights on 54 percent of mortgage 
balances in 2022. In 2008, nonbank mortgage companies only accounted 
for 39 percent of mortgage originations and owned the servicing 
rights on 4 percent of mortgage balances. See page 3 FSOC Report on 
Nonbank Mortgage Servicing 2024 at https://home.treasury.gov/system/files/261/FSOC-2024-Nonbank-Mortgage-Servicing-Report.pdf.
---------------------------------------------------------------------------

C. Overview of the Proposal

    The proposal would streamline the risk-based capital requirements 
applicable to Category I and II banking organizations. Currently, these 
banking organizations are subject to two sets of risk-based capital 
ratio requirements: one based on the standardized approach (which also 
generally applies to other banking organizations) and the other based 
on an internal models framework, the advanced approaches.\17\ Under the 
proposal, Category I and II banking organizations would be subject to a 
single set of risk-based capital ratio requirements based on the 
``expanded risk-based approach''--which would include requirements for 
credit risk, equity risk, and operational risk--and the revised market 
risk framework.\18\ The standardized approach would no longer apply to 
these banking organizations, and the advanced approaches would be 
removed from the regulatory capital framework. As discussed further 
below, other banking organizations could choose to adopt the expanded 
risk-based approach that would be required for Category I and II 
banking organizations.
---------------------------------------------------------------------------

    \17\ See 12 CFR part 3, subparts D and E (OCC); 12 CFR part 217, 
subparts D and E (Board); 12 CFR part 324, subparts D and E (FDIC).
    \18\ For purposes of this discussion, unless otherwise noted, 
the revised market risk framework is inclusive of requirements for 
credit valuation adjustment risk, as applicable.
---------------------------------------------------------------------------

    The expanded risk-based approach is a standardized framework that 
would promote the simplicity, risk sensitivity, transparency, and 
consistency objectives of the proposal. This approach would improve 
risk sensitivity relative to the current standardized approach by 
varying capital requirements according to several new risk factors, 
such as loan-to-value ratios for real estate exposures, repayment 
history for retail exposures, and assessed creditworthiness for 
corporate exposures. Unlike the current standardized approach, the 
expanded risk-based approach would include a specific operational risk 
capital requirement. This difference, in part, supports the different 
calibration of credit risk weights under the expanded risk-based 
approach relative to the risk weights under the standardized approach.
    The proposal would also revise the market risk framework, which 
would be applicable to Category I and II depository institution holding 
companies and to other banking organizations with significant trading 
activity. Significant trading activity would be defined to mean (1) 
more than $5 billion in trading activity or (2) trading activity equal 
to or higher than 10 percent of the banking organization's total 
assets. The new framework would improve risk sensitivity and 
consistency by revising the models-based approach for market risk and 
introducing a standardized approach for market risk. To reduce burden 
without a meaningful loss in resilience, the proposal would raise the 
threshold for applicability of the market risk framework from having 
trading activity of at least $1 billion to having trading activity of 
at least $5 billion.
    As part of the revised market risk framework, the proposal would 
include a risk-sensitive and consistent framework for capturing the 
risks associated with credit valuation adjustment risk for derivative 
exposures.\19\ This framework would apply to (1) Category I and II 
depository institution holding companies, (2) depository institutions 
that are subsidiaries of Category I or II depository institution 
holding companies and have significant trading activity, and (3) other 
banking organizations with significant trading activity that also have 
at least $1 trillion in notional derivative exposure.
---------------------------------------------------------------------------

    \19\ Credit valuation adjustment risk is the exposure to changes 
in the valuation of derivative contracts driven by changes in 
counterparty credit risk.
---------------------------------------------------------------------------

    The proposal would retain banking organizations' ability to use 
internal models, with supervisory approval, to calculate market risk 
capital requirements. Market risk is more effectively modeled than 
credit and operational risk because relevant data is observed at a much 
higher frequency and depth, providing the basis for both model 
calibration and empirical verification of model appropriateness.
    The agencies consider the proposed requirements under the expanded 
risk-based approach to be appropriate for Category I and II banking 
organizations given their risk profiles, complexity, risk management 
resources, and international activities. The agencies recognize that 
the risk-sensitive requirements under the expanded risk-based approach 
may appeal to other banking organizations with certain business models 
and risk management systems. Therefore, the proposal would allow other 
banking organizations to elect to use the expanded risk-based approach. 
Banking organizations that choose this option would also be subject to 
the definition of capital that applies to Category I and II banking 
organizations.\20\
---------------------------------------------------------------------------

    \20\ This definition of capital would include the requirement to 
reflect accumulated other comprehensive income in regulatory capital 
and to use the deductions framework that applies to Category I and 
II banking organizations.
---------------------------------------------------------------------------

    In addition to the changes to the calculation of risk-weighted 
assets, the proposal would change the definition of regulatory capital 
applicable to Category I and II banking organizations by removing the 
threshold-based deduction for mortgage servicing assets. Thus, all 
mortgage servicing assets would receive a 250 percent risk weight under 
the proposal, consistent with the risk weight in the current capital 
rule for MSAs that do not exceed the deduction thresholds. This 
proposed revision would eliminate a strong disincentive for mortgage 
origination and mortgage servicing by banking organizations.
    The proposal would also amend certain dollar-based regulatory 
thresholds, where appropriate, to reflect inflation and ensure that 
such thresholds preserve their intended application in real terms over 
time.\21\ Consistent with this proposal, the agencies are reviewing 
other thresholds throughout out the regulatory framework.
---------------------------------------------------------------------------

    \21\ Certain thresholds in FDIC regulations are also indexed to 
reflect inflation. See 90 FR 55789 (Dec. 1, 2025).
---------------------------------------------------------------------------

    Finally, the proposal would revise disclosure requirements to 
facilitate market participants' understanding of the financial 
condition and risk management practices of banking organizations 
subject to the expanded risk-based approach.\22\ In addition, to align 
with these revisions, the agencies anticipate proposing revisions to 
the

[[Page 14957]]

reporting forms of the Federal Financial Institutions Examination 
Council (FFIEC) that would apply to covered banking organizations.
---------------------------------------------------------------------------

    \22\ The disclosure requirements would only apply to the top 
tier of a consolidated banking organization.
---------------------------------------------------------------------------

    In a separate rulemaking, the agencies are proposing modifications 
to the standardized approach risk-based capital requirements 
(standardized approach proposal), which would apply to banking 
organizations that do not use the expanded risk-based approach. Also, 
the Board is separately issuing a notice of proposed rulemaking that 
would revise the U.S. global systemically important banking holding 
company (GSIB) surcharge calculation applicable to Category I bank 
holding companies and the systemic risk report applicable to large 
holding companies (GSIB surcharge proposal).
    Question 1: The agencies invite comment on the interaction of the 
revisions in the proposal with other existing rules and with other 
notices of proposed rulemaking.
    Question 2: What would be an appropriate amount of time between the 
publication of any final rule and its effective date, and why?

II. Scope, Design, and Other Overarching Issues

A. Scope of Application

    The proposal would require Category I and II banking organizations 
to use the expanded risk-based approach. These banking organizations 
present substantial systemic risks due to their size, complexity, 
interconnectedness, and cross-jurisdictional activity. Application of 
the expanded risk-based approach to them would provide granular, risk-
sensitive, and standardized requirements that align with international 
standards.
    While the expanded risk-based approach was designed for application 
to banking organizations that operate globally across multiple business 
lines, such as Category I and II banking organizations, the agencies 
are aware that the more differentiated treatments for traditional 
banking exposures such as mortgage, corporate, and retail exposures may 
appeal to certain smaller banking organizations. Therefore, the 
proposal would provide all banking organizations subject to the capital 
rule with the option of adopting the expanded risk-based approach in 
its entirety.
    Under the proposal, a banking organization that chooses to adopt 
the expanded risk-based approach would become subject to the same 
definition of capital as Category I and II banking organizations and, 
therefore, be required to reflect most elements of accumulated other 
comprehensive income in regulatory capital even if it subsequently 
changes to the standardized approach. This is consistent with the one-
time election to recognize accumulated other comprehensive income in 
regulatory capital in the current standardized approach and avoids 
changes in accumulated other comprehensive income recognition based on 
interest rate cycles. For a banking organization that chooses to adopt 
the proposed expanded risk-based approach, the inclusion of most 
elements of other accumulated other comprehensive income in regulatory 
capital would be subject to a transition period of five years from the 
effective date of any final rule.\23\
---------------------------------------------------------------------------

    \23\ This transition period would mirror the transition period 
under the standardized approach proposal provided to Category III 
and IV banking organizations that do not currently recognize 
accumulated other comprehensive income in regulatory capital.
---------------------------------------------------------------------------

    To align with a banking organization's annual capital planning 
processes, any change in election between the expanded risk-based 
approach and the standardized approach would take effect 12 months 
after the date on which the banking organization provides written 
notice of the change in election to its primary Federal supervisor. 
This requirement would help ensure that any change in election reflects 
structural balance sheet considerations and not short-term capital 
reductions.
    Banking organizations with significant trading activities face an 
elevated level of market risk and, therefore, would continue to be 
subject to the market risk framework. The proposal would increase the 
current dollar-based threshold for the application of market risk 
capital requirements from $1 billion to $5 billion or more of trading 
assets and trading liabilities. The proposal would also revise the 
calculation of the dollar-based threshold amount to be based on four-
quarter averages of trading assets and trading liabilities instead of 
point-in-time amounts. Banking organizations would continue to be 
subject to market risk capital requirements if their trading assets and 
trading liabilities represent 10 percent or more of total assets. 
Banking organizations that do not meet the thresholds for being subject 
to market risk capital requirements would calculate risk-weighted 
assets for trading exposures under the standardized approach or the 
expanded risk-based approach, as applicable. Additionally, under the 
proposal, Category I and II depository institution holding companies 
would be subject to market risk capital requirements regardless of the 
amount of their trading activities.
    The proposal would apply capital requirements for credit valuation 
adjustment risk to all Category I and II depository institution holding 
companies, as well as to their subsidiary depository institutions that 
are subject to the market risk framework. In addition, capital 
requirements for credit valuation adjustment risk would apply to other 
banking organizations subject to the market risk framework that have 
over-the-counter derivative notional amounts of $1 trillion or more. 
Due to their substantial derivative portfolios, these banking 
organizations have meaningful exposure to losses resulting from changes 
to their credit valuation adjustment accounting reserve. This threshold 
aims to balance coverage of credit valuation adjustment risk and 
burden. According to data reported in the FR Y-9C form, depository 
institution holding companies above this threshold accounted for over 
98 percent of the over-the-counter derivative exposures of depository 
institution holding companies as of 2025Q2.
    Question 3: What are the advantages and disadvantages of the 
proposed scope of application of the expanded risk-based approach?
    Question 4: What are the advantages and disadvantages of allowing 
all banking organizations to adopt the expanded risk-based approach? 
What are the challenges associated with adopting the expanded risk-
based approach for Category III, IV, and smaller banking organizations? 
To what extent would this optionality limit the transparency and 
consistency of the risk-based capital requirements? What limitations or 
restrictions on how frequently a banking organization could switch from 
the expanded risk-based approach to the standardized approach and vice 
versa should the agencies include and why?

B. Single Set of Risk-Based Requirements

    Under the proposal, banking organizations would be subject to a 
single set of risk-based capital ratio requirements.\24\ This contrasts 
with the current framework, which requires Category I and II banking 
organizations to calculate two sets of risk-based capital ratios: one 
using the standardized approach and the other

[[Page 14958]]

using the internal models-based advanced approaches. By employing risk-
sensitive, simplified, consistent, and transparent requirements, 
aligned with international standards, the expanded risk-based approach 
would result in an appropriate stand-alone requirement.
---------------------------------------------------------------------------

    \24\ This revision would be consistent with comments received 
under EGRPRA as commenters requested that banking organizations be 
required to calculate risk-weighted assets under a single approach.
---------------------------------------------------------------------------

    The capital conservation buffer requirement would apply to the 
risk-based capital ratios of Category I and II banking organizations in 
the same manner as it currently applies to the standardized approach 
ratios. For Category I depository institution holding companies, the 
capital conservation buffer requirement would continue to consist of 
the stress capital buffer requirement, the countercyclical capital 
buffer (if activated), and the GSIB surcharge. For Category II 
depository institution holding companies, the capital conservation 
buffer would continue to consist of the stress capital buffer 
requirement plus the countercyclical capital buffer (if activated). For 
the subsidiary depository institutions of Category I or II depository 
institution holding companies, the capital conservation buffer 
requirement would continue to equal 2.5 percent plus the 
countercyclical capital buffer requirement (if activated).

C. Removal of Internal Models for Credit and Operational Risk

    The proposal would eliminate the advanced approaches framework and 
introduce in its place the expanded risk-based approach to improve the 
consistency and transparency of the risk-based capital requirements 
applicable to Category I and II banking organizations. This approach 
would help address many of the challenges associated with the use of 
internal models to calculate risk-based capital requirements for credit 
risk and operational risk.
    In 2007, the agencies jointly issued a final rule requiring large, 
internationally active banking organizations to calculate risk-based 
capital requirements for credit risk and operational risk under the 
advanced approaches.\25\ In seeking to ensure that these banking 
organizations are adequately capitalized, the advanced approaches 
require banking organizations to estimate their exposure to severe 
unexpected losses.\26\ However, available information since adoption of 
this rule suggests that the advanced approaches do not always result in 
consistent minimum requirements across U.S. banking organizations with 
similar risk profiles.\27\ While internal models to calculate risk-
based capital requirements for credit risk and operational risk do 
provide valuable information and may be more accurate in some cases 
than standardized approaches, as discussed below the severity of the 
outcomes the advanced approaches rule requires banking organizations to 
model coupled with data limitations and the subjectivity embedded in 
modeling assumptions has presented substantial challenges.
---------------------------------------------------------------------------

    \25\ See Risk-Based Capital Standards: Advanced Capital Adequacy 
Framework--Basel II, 72 FR 69288 (Dec. 7, 2007). The agencies 
subsequently revised certain aspects of the advanced approaches 
framework in the rulemakings that established the current capital 
rule. See 78 FR 62018 (Oct. 11, 2013).
    \26\ For both credit risk and operational risk, the advanced 
approaches capital requirements aimed to cover the risk of loss over 
a one-year window at the 99.9th percentile level. See 72 FR 69288 
(Dec. 7, 2007); 12 CFR part 3 (OCC); part 217 (Board); part 324 
(FDIC).
    \27\ See, e.g., Tobias Berg, and Philipp Koziol ``An analysis of 
the consistency of banks' internal ratings,'' Journal of Banking and 
Finance 78, 27-41 (2017), https://dx.doi.org/10.1016/j.jbankfin.2017.01.013; and Barbora Stepankova, and Petr Teply, 
``Consistency of Banks' Internal Probability of Default Estimates: 
Empirical Evidence from the COVID-19 crisis,'' Journal of Banking 
and Finance 154, 106969 (2023), https://doi.org/10.1016/j.jbankfin.2023.106969.
---------------------------------------------------------------------------

    Financial risk models designed to capture severe loss events can 
suffer from substantial uncertainty.\28\ Such uncertainty can result in 
substantial and unwarranted differences in capital requirements across 
similar exposures that are unrelated to differences in risk.
---------------------------------------------------------------------------

    \28\ See Jon Danielsson, ``Blame the Models,'' Journal of 
Financial Stability, 321-28 (2008), https://doi.org/10.1016/j.jfs.2008.09.003.
---------------------------------------------------------------------------

    The advanced approaches require banking organizations to estimate 
loss given default conditional on an economic downturn. Ensuring that 
banking organizations' loss given default estimates are consistent with 
the risk of their exposures has proven challenging for several reasons, 
including (1) limited data on loss given default and its drivers under 
downturn conditions; (2) inconsistencies in constructing the loss given 
default variables, arising from factors such as methodological 
differences and difficulties in capturing all cash inflows and outflows 
after default;\29\ and (3) difficulty in verifying certain modeling 
assumptions, such as the time window used to calculate loss given 
default in an economic downturn. To a lesser degree, verifying the 
appropriateness of banking organizations' probability of default models 
is challenging in some cases due to limited data for certain low 
default portfolios and varying practices in identifying defaults across 
banking organizations.30 31
---------------------------------------------------------------------------

    \29\ For example, horizontal supervisory reviews have found 
material deviations in loss rates at different banking organizations 
with respect to the same defaulted exposure.
    \30\ For example, banking organizations have followed different 
practices regarding whether to count technical defaults (which are 
situations where the borrower failed to uphold an aspect of the loan 
agreement but has not failed to make regularly scheduled payments) 
as defaults for purposes of modeling probability of default.
    \31\ Various analyses conducted by the Basel Committee, to which 
the agencies contributed, demonstrated significant divergence across 
banking organizations in credit risk-weighted assets calculated 
under the internal models-based approaches that could not be 
explained by differences in the riskiness of banking organizations' 
portfolios. See https://www.bis.org/publ/bcbs256.pdf and https://www.bis.org/bcbs/publ/d363.pdf.
---------------------------------------------------------------------------

    For operational risk, banking organizations subject to the advanced 
approaches are required to estimate the 99.9th percentile of the 
distribution of the aggregated annual operational losses under the 
advanced measurement approaches (AMA). This requirement has presented 
substantial challenges for banking organizations and supervisors as a 
considerable amount of relevant data would be needed to empirically 
verify model performance. Given the severe outcome that the requirement 
is designed to estimate, model and parameter uncertainty can result in 
substantial divergence in model outcomes and, consequently, substantial 
divergence in capital requirements.\32\ In addition, infrequent large 
operational loss events tend to have substantial influence on model 
outcomes and can result in substantial volatility.\33\ Together, these 
factors result in substantial uncertainty in internally modeled 
operational risk capital requirements and likely inconsistent 
requirements across banking organizations with similar operational risk 
profiles.
---------------------------------------------------------------------------

    \32\ See G. Mignola, and R. Ugoccioni, ``Sources of Uncertainty 
in Modeling Operational Risk Losses,'' Journal of Operational Risk 
1(2): 33-50 (2006); J. Ne[scaron]lehov[aacute], P. Embrechts, and V. 
Chavez-Demoulin, ``Infinite Mean Models and the LDA for Operational 
Risk,'' Journal of Operational Risk 1(1): 3-25 (2006); and E. Cope, 
G. Mignola, G. Antonini, and R. Ugoccioni, ``Challenges and Pitfalls 
in Measuring Operational Risk from Loss Data,'' Journal of 
Operational Risk 4(4): 3-27 (2009).
    \33\ See E. Cope, G. Mignola, G. Antonini, and R. Ugoccioni, 
``Challenges and Pitfalls in Measuring Operational Risk from Loss 
Data'' Journal of Operational Risk 4(4): 3-27 (2009); and J. Opdyke, 
and A. Cavallo, ``Estimating Operational Risk Capital: The 
Challenges of Truncation, the Hazards of Maximum Likelihood 
Estimation, and the Promise of Robust Statistics,'' Journal of 
Operational Risk 7(3): 3-90 (2012).
---------------------------------------------------------------------------

    Taken together, the severe outcomes that the advanced approaches 
rule expects banking organizations to model, the limitations of 
available data, and the subjectivity of modeling assumptions

[[Page 14959]]

contribute to concerns about the reliability of internal model outputs 
and unwarranted divergences in risk-based capital requirements for 
credit and operational risk across banking organizations.
    The application of the stress capital buffer requirement to 
Category I and II bank holding companies also reduces the usefulness of 
retaining the advanced approaches for these banking organizations. 
Under the proposal, the stress capital buffer requirement would apply 
to the single set of risk-based capital ratios to which these bank 
holding companies would be subject, providing risk-sensitive capital 
requirements that reflect a granular, forward-looking assessment of 
risks. In this context, removing the advanced approaches simplifies the 
framework without reducing the resilience of Category I and II bank 
holding companies.
    Under the current capital rule, banking organizations are required 
to maintain capital commensurate with the level and nature of all risks 
to which they are exposed \34\ and to have a process for assessing 
their overall capital adequacy in relation to their risk profile and a 
comprehensive strategy for maintaining an appropriate level of 
capital.\35\ In addition, certain large banking organizations are 
required to develop and maintain a capital plan \36\ and conduct 
internal stress tests.\37\ The proposal would not change these 
requirements. As discussed above, the advanced approaches have 
limitations as a means to set consistent minimum risk-based capital 
requirements. However, internal models can provide valuable information 
to a banking organization's internal risk management, stress testing, 
and planning functions and can be used to complement minimum capital 
requirements in assessing a banking organization's capital adequacy. 
Category I and II banking organizations, as well as other banking 
organizations, should continue to employ internal modeling capabilities 
for sound risk management as appropriate for the complexity of their 
activities.
---------------------------------------------------------------------------

    \34\ See 12 CFR 3.10(e)(1) (OCC); 12 CFR 217.10(e)(1) (Board); 
12 CFR 324.10(e)(1) (FDIC).
    \35\ See 12 CFR 3.10(e)(2) (OCC); 12 CFR 217.10(e)(2) (Board); 
12 CFR 324.10(e)(2) (FDIC).
    \36\ See 12 CFR 225.8; 12 CFR 238.170.
    \37\ See 12 CFR part 46 (OCC); 12 CFR part 238, subparts P and 
R, and 12 CFR part 252, subparts B and F (Board); 12 CFR part 325 
(FDIC).
---------------------------------------------------------------------------

    The proposal would continue to allow the use of internal models to 
calculate market risk capital requirements, but only for trading desks 
where modeling can be demonstrated to be appropriate. Market risk is 
more easily and effectively modeled than credit and operational risk 
because data on trading positions are observed at a much higher 
frequency and depth, in particular for commonly traded instruments. 
Trading creates price observations, which in turn provide daily 
feedback on model calibration and performance to support empirical 
verification through techniques such as back-testing. For these 
reasons, the benefits of retaining models are larger for market risk 
than for other exposure types.
    Question 5: What are the advantages and disadvantages of removing 
internal models for credit risk and operational risk? Are there 
alternatives that the agencies should consider and if so, why?
    Question 6: The Basel standards include a floor to risk-weighted 
assets, the ``output floor,'' which corresponds to 72.5 percent of 
risk-weighted assets calculated only using standardized approaches. The 
proposal would not include this output floor because proposed 
requirements would be almost completely standardized and, therefore, 
the output floor would be unlikely to bind in most situations. What 
would be the advantages and disadvantages of including a floor to risk-
weighted assets corresponding to 72.5 percent of the risk-weighted 
assets calculated using only the standardized approaches in the 
proposal.

D. Overlaps With the Stress Capital Buffer Requirement

    In proposing these revised risk-based capital requirements for 
Category I and II banking organizations, the Board is mindful of the 
overlaps between the capital and stress testing frameworks. Together, 
this proposal and a recent proposal to enhance the transparency and 
public accountability of the Board's stress test,\38\ which requested 
public comment on certain revisions to the Board's stress test models, 
aim to improve risk sensitivity of requirements in a way that considers 
the cumulative effect of the entire capital framework.
---------------------------------------------------------------------------

    \38\ See Enhanced Transparency and Public Accountability of the 
Supervisory Stress Test Models and Scenarios; Modifications to the 
Capital Planning and Stress Capital Buffer Requirement Rule, 
Enhanced Prudential Standards Rule, and Regulation LL, 90 FR 51856 
(Nov. 18, 2025).
---------------------------------------------------------------------------

    The stress capital buffer requirement represents an explicitly 
forward-looking element in the risk-based capital requirements of large 
bank holding companies. Informed by the Board's stress testing 
framework, the stress capital buffer requirement aims to capture 
exposures comprehensively and granularly under conditions of severe 
stress.
    Under the current rule, a bank holding company's stress capital 
buffer requirement is applied to its risk-based capital ratios 
calculated under the standardized approach, which do not include a 
specific requirement for operational risk, and is not applied to the 
bank holding company's requirements under the advanced approaches. This 
historical choice was motivated, in part, by the goal of limiting 
redundancy between the stress capital buffer requirement, based on the 
Board's forward-looking assessment of stress risks, and the bank 
holding company's modeling of tail risks under the advanced 
approaches.\39\
---------------------------------------------------------------------------

    \39\ ``In addition, both the supervisory stress test and the 
advanced approaches are calibrated to reflect tail risks; thus it 
could be duplicative to require a firm to meet the requirements of 
the advanced approaches on a post-stress basis.'' 83 FR 18160 (Apr. 
25, 2018).
---------------------------------------------------------------------------

    Consistent with international standards, the proposed expanded 
risk-based approach would include a specific measure of operational 
risk in risk-weighted assets. Also, the proposed changes to the market 
risk framework would improve the measurement of tail risks in ways that 
are expected to raise minimum market risk capital requirements for the 
most complex banking organizations.
    The outstanding Board stress testing proposal would introduce 
meaningful revisions to stress test models and scenarios, including the 
models for operational risk and trading positions. Operational risk 
modeling would be enhanced by focusing on the more robust historical 
simulation model. Similarly, the stress test proposal would improve the 
modeling of trading positions under the global market shock component 
of the severely adverse scenario by better measuring their liquidity 
horizons. Both proposed revisions, on their own and independent of 
other factors, are projected to somewhat reduce aggregate projected 
stress capital buffer requirements.\40\
---------------------------------------------------------------------------

    \40\ As the Board noted in October 2025, in aggregate, the 
proposed stress test model and scenario changes inform the Board's 
determination of a firm's stress capital buffer requirement and are 
not expected materially change capital requirements for firms 
subject to the supervisory stress test, across various stress test 
scenarios and jump-off conditions at the start of the test. That 
proposal included illustrative analysis that considered the 
potential effects of the proposed stress test model changes, 
independent of other factors and components that inform the Board's 
stress capital buffer determinations for specific firms, within the 
2024 and 2025 supervisory stress tests. In that analysis, 
implementing the proposed model changes and proposed revisions to 
the global market shock component of the severely adverse scenario 
in the 2024 and 2025 stress tests would have, independent of other 
factors, increased the aggregate projected common equity tier 1 
(CET1) stress ratio, on average, by 29 basis points, which would 
have corresponded to a reduction in stress capital buffer 
requirements of approximately 23 basis points or approximately 2.2 
percent of current required capital. See 90 Federal Register 51856, 
51874-51877 (Nov. 18, 2025). The analysis estimates that the 
proposed model changes would reduce stress capital buffer 
requirements by approximately 13 basis points and that the proposed 
revisions to the global market shock scenario component would reduce 
stress capital buffer requirements by approximately 10 basis points. 
For U.S. GSIBs, the analysis estimates a decline of 25 basis points 
in stress capital buffer requirements. See also Federal Reserve 
Board--Federal Reserve Board requests comment on proposals to 
enhance the transparency and public accountability of its annual 
stress test; Dodd-Frank Act Stress Tests 2026 (Dec. 1, 2025).

---------------------------------------------------------------------------

[[Page 14960]]

    In summary, this proposal is projected to increase the minimum 
requirements for operational risk and market risk, while the stress 
test proposal's analysis of the proposed model changes estimated a 
decrease in related requirements for these risks, as they inform the 
stress capital buffer requirement. The Board expects both sets of 
revisions to improve risk sensitivity and coherence of the capital 
framework, while the revisions in this proposal would contribute to 
international consistency. The capital impact of these revisions would 
largely offset each other, and the Board considers that the combined 
calibration of these risks would be appropriate (see section VII for 
additional analysis of the cumulative calibration of requirements by 
risk type).
    Question 7: The current Board stress testing methodology reflects a 
constant balance sheet assumption and assumes that a banking 
organization's risk-weighted assets generally remain unchanged over the 
nine-quarter projection horizon. What would be the advantages and 
disadvantages of adjusting the stress testing methodology to project 
changes in risk-weighted assets for banking organizations subject to 
the expanded risk-based approach and banking organizations subject to 
the market risk framework? For example, what would be the advantages 
and disadvantages of projecting changes in the risk-weighted assets 
applicable to credit exposures to better reflect deteriorations in 
obligors' credit quality during a stress period (such as migrating 
corporate exposures in the investment grade 65 percent risk weight 
category into the general corporate category or from the general 
corporate category into the past due category)? What would be the 
advantages and disadvantages of adjusting risk-weighted assets for 
operational risk by projecting lower income amounts during a stress 
period? What, if any, changes should the Board consider to better 
project risk-weighted assets for trading positions and derivatives 
during a stress period in light of the proposed market risk framework, 
including the proposed credit valuation adjustment risk requirement 
(these may include revisions to reflect changes in modelability of risk 
factors and volatility)?

E. Indexing of Thresholds

    The proposal uses certain thresholds to differentiate requirements 
based on a banking organization's size, risk profile, and complexity as 
well as on the characteristics of the exposures. However, static 
dollar-based thresholds can lead to unintended consequences if 
threshold levels are not periodically updated or indexed to inflation. 
For example, banking organizations can become subject to additional 
requirements and burden over time for reasons unrelated to changes in 
their risk profile. Under the proposal, certain dollar-based thresholds 
would be adjusted in the future to reflect inflation, pursuant to a 
pre-determined indexing methodology.\41\ Indexing dollar-based 
thresholds would preserve threshold levels in real terms, which would 
efficiently and transparently preserve the thresholds' intended 
application and align with intended policy objectives over time.
---------------------------------------------------------------------------

    \41\ This revision would also be consistent with comments 
received under EGRPRA as commenters requested indexing of thresholds 
going forward to reflect inflation.
---------------------------------------------------------------------------

    The proposed indexing methodology would adjust thresholds based on 
the consumer price index for urban wage earners and clerical workers 
(CPI-W) published by the U.S. Bureau of Labor Statistics. The use of 
CPI-W to index thresholds is consistent with other bank regulations, 
such as those relating to the Community Reinvestment Act and the 
Board's Regulation CC.\42\ Further, the indexing methodology included 
under the proposal would generally align with the methodology used to 
adjust certain thresholds within FDIC regulations.\43\ Specifically, 
certain dollar thresholds would be adjusted at the end of every 
consecutive two-year period based on the cumulative percent change of 
the non-seasonally adjusted CPI-W since the effective date of any final 
rule. This two-year period is intended to provide an appropriate 
cadence for capturing meaningful changes in inflation on a timely basis 
while minimizing the burden of adjustment. To address the possibility 
of periods of unusual inflation, the indexing methodology would also 
allow for discretionary adjustment to thresholds by the agencies during 
an off year. The proposal would also not lower thresholds in the event 
of deflation.\44\ Additionally, thresholds adjusted under the proposed 
indexing methodology would be rounded based on the size of the 
threshold (e.g., billions, millions, thousands), generally, to the 
nearest two significant digits, as appropriate.\45\
---------------------------------------------------------------------------

    \42\ The agencies' regulations that implement the Community 
Reinvestment Act define small and intermediate-small banks by 
reference to asset-size criteria expressed in dollar amounts, which 
are adjusted annually based on the year-to-year change in inflation 
through a Federal Register notice. Specifically, this adjustment 
corresponds to the average of the Consumer Price Index for Urban 
Wage Earners and Clerical Workers, not seasonally adjusted, for each 
12-month period ending in November, with rounding to the nearest 
million. See, e.g., Community Reinvestment Act Regulations Asset-
Size Thresholds, 89 FR 106480, 106481 (Dec. 30, 2024). See also 12 
CFR 229.11.
    \43\ See Adjusting and Indexing Certain Regulatory Thresholds, 
90 FR 55789 (Dec. 1, 2025).
    \44\ Any periods of deflation would be reflected in future 
threshold increases, as threshold adjustments in the future would be 
based on the positive net cumulative change in CPI-W.
    \45\ For example, a threshold that would otherwise be calculated 
as $5.964 million would be rounded to $6.0 million, or the nearest 
$0.1 million.
---------------------------------------------------------------------------

    The proposal would index the following thresholds: (1) the $1 
million threshold for a retail exposure to qualify as regulatory 
retail; (2) the $50 million annual revenue threshold for a borrower to 
qualify as a small or medium-sized entity; (3) the $10 million 
threshold used to determine whether a company in which a covered 
banking organization owns equity instruments meets the definition of 
financial institution; (4) the $1 billion and the $30 billion business 
indicator thresholds that determine the marginal coefficients 
applicable for the calculation of the business indicator component in 
the operational risk capital requirement; (5) the $20,000 threshold for 
mandatory collection of operational loss events; (6) the $5 billion 
trading activity threshold for application of the market risk 
framework; (7) the $1 trillion derivatives exposure threshold for 
application of the credit valuation adjustment risk requirement; (8) 
the $20 million threshold above which net short positions must be 
included in the market risk framework; and (9) the $2 billion threshold 
for an equity issuer to be classified as having large market 
capitalization in the market risk standardized approach.
    To effectuate threshold changes under the proposal, the agencies 
would announce threshold adjustments pursuant to the indexing 
methodology by publishing the updated thresholds.

[[Page 14961]]

Threshold adjustments would be calculated based on cumulative CPI-W 
data through August of the year in which the adjustment is made, 
relative to the same initial baseline.\46\
---------------------------------------------------------------------------

    \46\ The U.S. Bureau of Labor Statistics publishes the CPI-W on 
a monthly basis.
---------------------------------------------------------------------------

    Question 8: What are the advantages and disadvantages of the 
proposed approach for indexing thresholds? What alternatives should the 
agencies consider and why? What are the advantages and disadvantages of 
using a different index for adjusting thresholds, such as nominal GDP 
or the GDP deflator, instead of CPI-W?
    Question 9: Are there specific thresholds within the proposal that 
can result in an increase in operational burden when indexed? If so, 
which are they and why?
    Question 10: What are the advantages and disadvantages of 
discretionary off-year adjustments for periods of unusual inflation? 
Should the agencies consider a framework for adjustment in off years, 
such as based on inflation or other threshold and, if so, why?

F. The Role of International Standards in Developing U.S. Capital 
Requirements

    The agencies participate in international fora, including the Basel 
Committee, that support broadly aligned prudential financial regulation 
across major economies, consistent with the agencies' mandates and 
various statutory authorizations.\47\ Standards issued by these 
international fora are not binding under U.S. law. The agencies 
routinely consider the potential benefits of such standards as part of 
a reasoned decision-making process when developing domestic rulemakings 
to implement prudential requirements.
---------------------------------------------------------------------------

    \47\ See, e.g., 12 U.S.C. 1828 note, 3901, 3907, 3911, and 5373; 
see also 22 U.S.C. 9522 note; Federal Deposit Insurance Corporation 
Improvement Act of 1991 Sec.  305(b)(2), Public Law 102-242, 105 
Stat. 2236, 2355.
---------------------------------------------------------------------------

    Where appropriate and consistent with the agencies' statutory 
authorities and policy objectives, maintaining consistency between 
domestic financial regulatory policy and international standards can 
generate significant benefits, particularly regarding large, 
internationally active banking organizations. Large, internationally 
active banks and the U.S. financial system more broadly are highly 
interconnected with the global financial system. Promoting the 
application of suitable and robust prudential standards across 
jurisdictions can enhance the resilience of the U.S. financial system 
by reducing the likelihood of distress or other problems that arise in 
a foreign jurisdiction having negative effects in the United 
States.\48\
---------------------------------------------------------------------------

    \48\ The Basel Committee was originally formed after the failure 
of Herstatt Bank in Germany in 1974, which contributed to serious 
disruptions to foreign currency and banking markets within and 
beyond Germany, demonstrating the need for better coordination among 
bank regulators in different jurisdictions. See https://www.bis.org/bcbs/history.htm.
---------------------------------------------------------------------------

    Comparability of standards across jurisdictions can also reduce 
complexity and compliance costs for banking organizations with 
significant cross-border operations or activities.\49\ In particular, 
similar prudential standards enable the agencies and foreign 
supervisors to look to home country capital regimes when such 
requirements are generally consistent with international standards.\50\ 
For example, similar prudential standards help to facilitate the 
Board's assessment of the capital adequacy of foreign banking 
organizations in connection with applications to establish operations 
within the United States.\51\ In addition, consistent standards help 
ensure that foreign banking organizations with U.S. operations are 
subject to standards at the consolidated level that promote safety and 
soundness and competitive equity with U.S. banking organizations. The 
adoption of similar prudential standards across many jurisdictions 
means that, consistent with section 165 of the Dodd-Frank Wall Street 
Reform and Consumer Protection Act (Dodd-Frank Act),\52\ the Board's 
enhanced prudential standards for large foreign banking organizations 
may rely on the home country capital and stress testing regimes 
applicable to a foreign banking organization, avoiding unnecessary 
duplication of requirements.\53\ Additionally, comparability of 
standards across jurisdictions helps home country and host country 
supervisors, along with banking organization management and public 
markets, understand and monitor positions and risks across 
jurisdictions by providing all parties with a set of shared principles, 
concepts, and measuring tools.\54\
---------------------------------------------------------------------------

    \49\ See GAO Report ``Bank Capital Requirements--Potential 
Effects of New Changes on Foreign Holding Companies and U.S. Banks 
Abroad'' (Jan. 2012), https://www.gao.gov/assets/gao-12-235.pdf; see 
also GAO Report ``International Banking--International Coordination 
of Bank Supervision: The Record to Date'' (Feb. 1986), https://www.gao.gov/assets/nsiad-86-40.pdf.
    \50\ See, e.g., Board of Governors of the Federal Reserve System 
and U.S. Department of the Treasury, ``Capital Equivalency Report'' 
(June 1992), https://fraser.stlouisfed.org/title/capital-equivalency-report-9009; 12 U.S.C. 3105(j).
    \51\ See, e.g., 12 CFR 211.24, 225.2(r)(3).
    \52\ Public Law 111-203, 124 Stat. 1376 (2010). In applying 
section 165 to a foreign-based bank holding company, the Dodd-Frank 
Act directs the Board to give due regard to the principle of 
national treatment and equality of competitive opportunity, and to 
take into account the extent to which the foreign banking 
organization is subject, on a consolidated basis, to home country 
standards that are comparable to those applied to financial 
companies in the United States. See 12 U.S.C. 5365(b)(2).
    \53\ See, e.g., 12 CFR 252.143(a). Absent home-country standards 
consistent with the Basel Capital Framework, a foreign banking 
organization would be required to demonstrate to the Board's 
satisfaction that it would meet Basel Capital Framework standards at 
the consolidated level were those standards to apply. See 79 FR 
17240 (Mar. 27, 2014).
    \54\ See GAO Report ``International Banking--International 
Coordination of Bank Supervision: The Record to Date'' (Feb. 1986), 
https://www.gao.gov/assets/nsiad-86-40.pdf.
---------------------------------------------------------------------------

    Notwithstanding these benefits, the agencies have, at various 
times, concluded that departures from international standards are 
appropriate and desirable in light of domestic requirements or 
considerations, or where U.S. regulators simply believe different 
standards are more appropriate. Consistent with previous rulemakings 
that implemented aspects of the Basel standards in the United 
States,\55\ the proposal may differ from the Basel standards in certain 
areas to reflect factors such as specific characteristics of U.S. 
markets, requirements under GAAP,\56\ practices of U.S. banking 
organizations, and U.S. legal requirements and policy objectives.\57\
---------------------------------------------------------------------------

    \55\ For example, the GSIB surcharge framework adopted by the 
Board includes a second method for calculating GSIB surcharges that 
is different from the Basel GSIB surcharge methodology. See 80 FR 
49082 (Aug. 14, 2015). Additionally, alignment with the Basel 
standards can be achieved without using all methods specified in 
them and, in the past, the agencies have chosen not to adopt some 
methods included within the Basel standards. See, e.g., 61 FR 47358 
(Sept. 6, 1996), 72 FR 69288 (Dec. 7, 2007), and 78 FR 62018 (Oct. 
11, 2013).
    \56\ See 12 U.S.C. 1831n.
    \57\ See, e.g., 12 U.S.C. 1831bb and 5371; 15 U.S.C. 78o-7 note.
---------------------------------------------------------------------------

G. Treatments Retained From the Current Standardized Approach

    Taking the current standardized approach as a starting point, the 
proposal would generally adopt treatments consistent with the Basel 
standards when they would improve the risk sensitivity and consistency 
of the requirements applicable to covered banking organizations, do not 
conflict with existing U.S. law, and are appropriate for U.S. banking 
organizations. Many elements of the expanded risk-based approach would 
be consistent with the Basel standards and different in some respects 
from the treatment under the current standardized approach. In some 
cases, the current standardized approach is

[[Page 14962]]

appropriately risk sensitive for application to Category I and II 
banking organizations and, therefore, the agencies are retaining those 
treatments with minimal or no change.\58\
---------------------------------------------------------------------------

    \58\ For example, the expanded risk-based approach would treat 
sovereign exposures, certain exposures to government-sponsored 
entities, and exposures to public sector entities the same as the 
current standardized approach.
---------------------------------------------------------------------------

III. Definition of Capital

    Under the proposal, all banking organizations required to apply the 
expanded risk-based approach, or that choose to adopt the expanded 
risk-based approach, would be subject to the same definition of 
capital. The proposal would broadly maintain the definition of capital 
for Category I and II banking organizations in the current capital 
rule, with one modification to eliminate the requirement to deduct MSAs 
\59\ above a threshold from common equity tier 1 capital.\60\ Banking 
organizations that choose to adopt the expanded risk-based approach 
would, therefore, be required to include most components of accumulated 
other comprehensive income in regulatory capital.
---------------------------------------------------------------------------

    \59\ An MSA arises when a banking organization sells a loan to a 
third party but retains the obligation to service the loan in 
exchange for a fee. Banking organizations may also purchase, sell, 
or transfer MSAs separately from the underlying mortgage loans.
    \60\ In addition, the proposal would require a banking 
organization to deduct from common equity tier 1 capital any portion 
of a credit-enhancing interest only strip that does not constitute 
an after-tax-gain-on sale, as discussed in section IV.B.5.f. of this 
SUPPLEMENTARY INFORMATION.
---------------------------------------------------------------------------

    Under the current capital rule, Category I and II banking 
organizations must deduct from common equity tier 1 capital amounts of 
MSAs, temporary difference DTAs that the banking organization could not 
realize through net operating loss carrybacks, and significant 
investments in the capital of unconsolidated financial institutions in 
the form of common stock (collectively, threshold items) that 
individually exceed 10 percent of the banking organization's common 
equity tier 1 capital minus certain deductions and adjustments. In 
addition, these banking organizations must deduct from common equity 
tier 1 capital the aggregate amount of the threshold items that exceeds 
15 percent of common equity tier 1 capital.
    Under the proposal, Category I and II banking organizations would 
no longer be required to deduct any amount of MSAs from common equity 
tier 1 capital and would not consider MSAs when calculating the 
aggregate deduction amount for temporary difference DTAs and 
significant investments in the capital of unconsolidated financial 
institutions in the form of common stock. Instead, MSAs would be 
subject to a 250 percent risk weight, consistent with the treatment in 
the current capital rule for MSAs that do not exceed the deduction 
thresholds.\61\ MSAs can be a useful tool for banking organizations to 
manage interest rate risk. The value of MSAs generally increases when 
interest rates rise, which extends the expected duration of related 
servicing fees. As a result, they may provide a hedge against losses on 
other assets that decline in value in the same interest rate 
environment.
---------------------------------------------------------------------------

    \61\ The agencies' standardized approach proposal would make the 
same modification to the definition of regulatory capital for all 
other banking organizations.
---------------------------------------------------------------------------

    Moreover, MSAs are important for banking organizations to maintain 
their relationship with borrowers by retaining customer-facing 
relationships even after transferring the underlying loans, allowing 
cross-selling of products. Banking organizations can also improve 
efficiency by increasing scale. A deduction approach for MSAs can 
discourage banking organizations from creating economies of scale, 
which can hinder their ability to compete in mortgage underwriting or 
servicing businesses and to manage risks.
    At the same time, MSAs have long been subject to elevated capital 
requirements because of the high level of uncertainty regarding the 
ability of banking organizations to realize value from these assets, 
especially under adverse financial conditions. MSAs may face 
significant valuation risk, which mainly stems from prepayment risk, 
default risk, and liquidity risk. For example, increased refinancing of 
mortgage loans due to lower interest rates can quickly erode the value 
of MSA portfolios, as can increased incidents of mortgage defaults. 
MSAs can also be difficult to value, as banking organization portfolios 
of MSAs can be heterogeneous and MSA valuations rely on assessments of 
future economic variables. Maintaining the 250 percent risk weight for 
MSAs would promote regulatory capital requirements that are 
commensurate with the risk of these assets.\62\
---------------------------------------------------------------------------

    \62\ In the 2013 capital rule (78 FR 62069, Oct 11, 2013), in 
connection with section 475 of the Federal Deposit Insurance 
Corporation Improvement Act of 1991 (12 U.S.C. 1828 note), the 
agencies made a finding that the treatment under the capital rule of 
readily marketable purchased MSAs would not have an adverse effect 
on the Deposit Insurance Fund or the safety and soundness of insured 
depository institutions. The proposal would continue to apply a 250 
percent risk weight to all MSAs, while removing the threshold 
deduction, and the agencies continue to consider the proposed 
treatment to not have an adverse effect on the Deposit Insurance 
Fund or the safety and soundness of insured depository institutions.
---------------------------------------------------------------------------

    Question 11: What are the advantages and disadvantages of the 
proposed treatment of MSAs? What are the implications of the proposed 
treatment of MSAs for banking organizations' mortgage origination 
business? To what extent does the 250 percent risk weight appropriately 
reflect the risk of these assets throughout the economic cycle? Given 
the potential volatility of MSAs under certain circumstances, what are 
the advantages and disadvantages of the agencies imposing a higher 
limit on MSA as a percentage of common equity tier 1 capital (for 
example, 100 percent) and why? What are the advantages and 
disadvantages of differentiating the treatment of MSAs based on the 
size of the banking organization (for example, banking organizations 
with assets under $10 billion or over $100 billion) or applicable 
capital framework (for example, banking organizations that elect the 
community bank leverage ratio framework)?

IV. Calculation of Risk-Weighted Assets Under the Expanded Risk-Based 
Approach

A. Credit Risk

    Credit risk arises from the possibility that an obligor, including 
a borrower or counterparty, will fail to perform on an obligation. 
While loans are a significant source of credit risk, other products, 
activities, and services also expose banking organizations to credit 
risk, including investments in debt securities and other credit 
instruments, credit derivatives, and cash management services. Off-
balance sheet activities, such as letters of credit, unfunded loan 
commitments, and the undrawn portion of lines of credit, also expose 
banking organizations to credit risk. Certain transactions give rise to 
counterparty credit risk, which generally refers to the risk that a 
counterparty to a transaction will default before the final settlement 
of the transaction and will fail to make all the payments required by 
the transaction. Transactions that give rise to counterparty credit 
risk include repo-style transactions, eligible margin loans, and 
derivatives transactions. Counterparty credit exposure is determined by 
the market value of the transaction, which fluctuates with market 
conditions. Thus, the current exposure to a counterparty's default 
continuously changes and the future exposure is uncertain.
    Under the proposal, a banking organization subject to the expanded

[[Page 14963]]

risk-based approach would follow similar mechanics to those in the 
current standardized approach to determine its risk-weighted assets for 
credit risk. Such a banking organization would first determine the 
exposure amount of each on-balance sheet exposure, derivative contract, 
and off-balance sheet commitment, trade and transaction-related 
contingency, guarantee, repo-style transaction, financial standby 
letter of credit, forward agreement, or other similar transaction 
(excluding certain transaction types or exposures as specified in the 
proposed rule). In certain cases, exposure amount is measured at the 
netting-set level. The banking organization would then multiply the 
exposure amount by the risk weight appropriate to the exposure based on 
the exposure type or counterparty. In addition, the proposal would 
allow for the recognition of certain credit risk mitigants through 
adjustments to the risk-weighted asset amount for protected exposures.
    Section IV.A.1. of this SUPPLEMENTARY INFORMATION describes in 
general terms the approaches for determining exposure amount under the 
proposal; section IV.A.2. of this SUPPLEMENTARY INFORMATION describes 
the risk-weight treatment for credit exposures under the proposal; 
section IV.A.3. of this SUPPLEMENTARY INFORMATION describes the 
proposed exposure measurement of off-balance sheet exposures; section 
IV.A.4. of this SUPPLEMENTARY INFORMATION describes the proposed 
exposure measurement for counterparty credit risk-related exposures; 
and section IV.A.5. of this SUPPLEMENTARY INFORMATION describes the 
available approaches for recognizing the benefits of credit risk 
mitigants including certain guarantees, certain credit derivatives, 
financial collateral, and prepaid credit protection arrangements.
1. Exposure Amounts
a. On-Balance Sheet Exposure Amount
    Under the proposal, as under the current standardized approach, the 
exposure amount of an on-balance sheet exposure would generally be the 
banking organization's carrying value \63\ of the exposure, consistent 
with the value of the asset on the balance sheet as determined in 
accordance with GAAP. Continuing to use the carrying value of an asset 
under GAAP to determine a banking organization's exposure amount would 
minimize burden and provide a consistent framework that can be easily 
applied across all banking organizations because, in most cases, GAAP 
serves as the basis for the information presented in financial 
statements and regulatory reports.\64\
---------------------------------------------------------------------------

    \63\ Carrying value under Sec.  __. 2 of the current capital 
rule means, with respect to an asset, the value of the asset on the 
balance sheet of the banking organization as determined in 
accordance with GAAP. For all assets other than available-for-sale 
debt securities or purchased credit deteriorated assets, the 
carrying value is not reduced by any associated credit loss 
allowance that is determined in accordance with GAAP. See 12 CFR 3.2 
(OCC); 12 CFR 217.2 (Board); 12 CFR 324.2 (FDIC). The exposure 
amount arising from an OTC derivative contract; a repo-style 
transaction or an eligible margin loan; a cleared transaction; a 
default fund contribution; or a securitization exposure would be 
calculated in accordance with Sec. Sec.  __. 113, 121, or 131 of the 
proposal, respectively, as described in sections IV.A.4, IVA.5.b., 
and IV.B. of this Supplementary Information. The standardized 
approach proposal also includes a technical amendment that would 
modify the term adjusted allowance for credit losses (AACL) and 
carrying value to exclude allowance for credit losses (ACLs) on 
purchased seasoned loans (PSLs) in addition to those on purchased 
credit deteriorated (PCD) assets and available-for-sale (AFS) debt 
securities. The standardized approach proposal also amends the 
definition of AACL and carrying value to provide the same treatment 
as PCD assets to other assets that may in the future become subject 
to the gross approach following a change to GAAP by FASB.
    \64\ See 12 U.S.C. 1831n.
---------------------------------------------------------------------------

b. Off-Balance Sheet Exposure Amount
    In addition to on-balance sheet exposures, banking organizations 
are exposed to credit risk associated with off-balance sheet exposures. 
Banking organizations often enter into contractual arrangements with 
obligors or counterparties to provide credit or other support. Such 
arrangements may not be recorded on-balance sheet under GAAP until the 
arrangement is drawn upon. These off-balance sheet exposures often 
include commitments, contingent items, guarantees, certain repo-style 
transactions, financial standby letters of credit, and forward 
agreements. Under the proposal, consistent with the current 
standardized approach, in most cases a banking organization determines 
the exposure amount for an off-balance sheet component of an exposure 
by multiplying the notional amount of the off-balance sheet component 
by the appropriate credit conversion factor specified in the rule. The 
proposed credit conversion factors would range from 10 percent to 100 
percent to reflect the likelihood that a given off-balance sheet item 
would become an on-balance sheet credit exposure, taking into account 
the contractual features of the off-balance sheet item. For example, a 
100 percent credit conversion factor would apply to a guarantee 
provided by a banking organization because the banking organization is 
effectively assuming the risk of the guaranteed exposure and thus such 
an off-balance sheet item should be converted at the full amount. In 
contrast, with respect to commitments, often an obligor does not draw 
down on the commitment or only draws down a portion of the available 
credit, so such off-balance sheet items would be converted at less than 
100 percent. Thus, the proposal would vary the credit conversion 
factors according to the likelihood that different types of off-balance 
sheet items may become on-balance sheet credit exposures.
c. Approaches for Determining Exposure Amount for Counterparty Credit 
Risk-Related Transactions
    The current capital rule includes several approaches that a banking 
organization may use to calculate the exposure amount for repo-style 
transactions, eligible margin loans, derivative transactions, and 
netting sets of such transactions. These approaches take into account 
the offsetting of positions and financial collateral that meets the 
criteria in the rule within a netting set and incorporate both current 
and potential future exposure. For purposes of the expanded risk-based 
approach, the proposal would continue to include the collateral haircut 
approach for eligible margin loans and repo-style transactions, and 
netting sets of such transactions, and the standardized approach for 
counterparty credit risk (SA-CCR) for derivative contracts, netting 
sets of such transactions, and would expand SA-CCR to qualifying cross-
product netting sets of derivative transactions and certain repo-style 
transactions, with modifications further described below in section 
IV.A.4. of this SUPPLEMENTARY INFORMATION.
    To determine the exposure amount for eligible margin loans, repo-
style transactions, or the netting sets of such transactions, the 
proposed expanded risk-based approach would include the collateral 
haircut approach with two proposed modifications to increase risk 
sensitivity: (1) adjustments to the market price volatility haircuts; 
and (2) a modified formula that reflects netting and diversification 
benefits, each further described below in section IV.A.4.a. of this 
SUPPLEMENTARY INFORMATION. A banking organization would have the option 
of applying SA-CCR to certain repo-style transactions that are subject 
to a qualifying cross-product master netting agreement that includes 
derivative transactions.
    To determine the exposure amount for derivative contracts, the 
proposed expanded risk-based approach would require banking 
organizations to apply SA-CCR, with certain modifications to better 
reflect evolving market dynamics

[[Page 14964]]

and the potential for increased central clearing. The agencies are 
proposing to revise SA-CCR to permit the netting of collateralized-to-
market and settled-to-market client-facing derivative transactions and 
incorporate non-cleared repo-style transactions. Specifically, the 
agencies are proposing to permit a banking organization to elect to 
treat as a derivative contract any non-cleared repo-style transaction 
subject to a qualifying cross-product master netting agreement that 
also contains a derivative contract. These proposed amendments and 
other proposed technical revisions to SA-CCR are described below in 
section IV.A.4.b. of this SUPPLEMENTARY INFORMATION.
    As stated earlier, the proposal would increase simplicity, 
transparency, consistency, and comparability of capital requirements by 
reducing banking organization's use of models. Therefore, the proposal 
does not include the internal models methodology (IMM) or the simple 
value-at-risk (VaR) methodology for measuring counterparty credit risk 
or the use of a banking organization's own estimates of haircuts for 
purposes of the collateral haircut approach.
2. Proposed Risk Weights for Credit Risk
    The proposed expanded risk-based approach would introduce credit 
risk weights that generally align with the Basel standards and use many 
of the same definitions in Sec.  __.2 of the current capital rule. Some 
elements of the proposed expanded risk-based approach for credit risk 
would apply the same risk weights provided in the current standardized 
approach, including exposures to sovereigns, specified supranational 
entities \65\ and multilateral development banks,\66\ government 
sponsored entities (GSEs) in the form of senior debt and guaranteed 
exposures, Federal Home Loan Bank (FHLB) and Federal Agricultural 
Mortgage Corporation (Farmer Mac) equity exposures,\67\ public sector 
entities (PSEs), exposures that are 90 days or more past due or in 
nonaccrual,\68\ and certain insurance assets. Consistent with statutory 
mandates, the proposal would also maintain the same risk-weight 
treatment provided in the current standardized approach to pre-sold 
construction loans, statutory multifamily mortgages, and high-
volatility commercial real estate (HVCRE) exposures.
---------------------------------------------------------------------------

    \65\ Under the proposal, specified supranational entities would 
include the Bank for International Settlements, the European Central 
Bank, the European Commission, the International Monetary Fund, the 
European Stability Mechanism, and the European Financial Stability 
Facility. Consistent with the current capital rule, exposures to 
such entities would continue to be subject to a zero percent risk 
weight for the purposes of the expanded risk-based approach.
    \66\ Under the proposal, multilateral development bank would 
include International Bank for Reconstruction and Development, the 
Multilateral Investment Guarantee Agency, the International Finance 
Corporation, the Inter-American Development Bank, the Asian 
Development Bank, the African Development Bank, the European Bank 
for Reconstruction and Development, the European Investment Bank, 
the European Investment Fund, the Nordic Investment Bank, the 
Caribbean Development Bank, the Islamic Development Bank, the 
Council of Europe Development Bank, and any other multilateral 
lending institution or regional development bank in which the U.S. 
government is a shareholder or contributing member or which the 
primary Federal supervisor determines poses comparable credit risk. 
Consistent with the current capital rule, exposures to these 
entities would continue to be subject to a zero percent risk weight 
for the purposes of the expanded risk-based approach
    \67\ For treatment of other exposures to GSEs, see discussion 
related to equity exposures in section IV.C. and subordinated 
exposures in section IV.A.2.f. of this SUPPLEMENTARY INFORMATION.
    \68\ Certain residential mortgage exposures that are 90 days 
past due or in nonaccrual would receive a higher risk weight under 
the proposal. See section IV.A.2.c.v of this SUPPLEMENTARY 
INFORMATION.
---------------------------------------------------------------------------

    Relative to the advanced approaches under the current capital rule, 
the proposed expanded risk-based approach would result in more 
consistent and transparent capital requirements for credit risk 
exposures across banking organizations. The proposal would also 
facilitate comparisons of capital adequacy across banking organizations 
by reducing excessive, unwarranted divergence in risk-weighted assets 
for similar exposures. Relative to the current standardized approach, 
the proposal would incorporate more granular risk factors to allow for 
a broader range of risk weights.
    Specifically, the expanded risk-based approach would introduce new 
risk weights for exposures to depository institutions, foreign banks, 
and credit unions; subordinated exposures, including those to GSEs; and 
real estate, retail, and corporate exposures. The proposed risk weights 
for each of these categories are described in the following sections of 
this SUPPLEMENTARY INFORMATION.
    Question 12: What are the pros and cons of continuing the risk-
weights in the current standardized approach for sovereigns, specified 
supranational entities and multilateral development banks, GSEs in the 
form of senior debt and guaranteed exposures, FHLB and Farmer Mac 
equity exposures, PSEs, exposures that are 90 days or more past due or 
in nonaccrual, insurance assets, and other exposures?
    Question 13: To enhance the risk sensitivity of the rule, what 
alternatives to ``exposures that are 90 days or more past due or in 
nonaccrual'' should the agencies consider to identify exposures in or 
near default? What are the advantages and disadvantages of using an 
approach similar to the definition of defaulted exposures in the 
advanced approaches, that would include exposures where (a) the banking 
organization has taken a partial charge-off, write-down of principal, 
or negative fair value adjustment on the exposure for credit-related 
reasons, until the banking organization has reasonable assurance of 
repayment and performance for all contractual principal and interest 
payments on the exposure; or (b) a distressed restructuring of the 
exposure was agreed to by the banking organization, until the banking 
organization has reasonable assurance of repayment and performance for 
all contractual principal and interest payments on the exposure as 
demonstrated by a sustained period of repayment performance, provided 
that a distressed restructuring includes the following made for credit-
related reasons: forgiveness or postponement of principal, interest, or 
fees, or an interest rate reduction?
a. Exposures to Government-Sponsored Enterprises
    The proposal would assign a 20 percent risk weight to most GSE \69\ 
exposures, consistent with the current standardized approach. GSE 
exposures that are subordinated exposures or equity exposures, however, 
would receive higher risk weights. As discussed later in sections IV.C. 
and IV.A.2.f. of this SUPPLEMENTARY INFORMATION, equity exposures and 
subordinated exposures would generally be subject to an increased risk 
weight to reflect their heightened risk relative to senior credit 
exposures. As an exception to this general rule, the proposal would 
apply a 20 percent risk weight to all exposures to FHLB or Farmer Mac, 
including equity exposures and exposures to subordinated debt 
instruments, which is consistent with the treatment under the current 
standardized approach.
---------------------------------------------------------------------------

    \69\ Government-sponsored enterprise (GSE) under Sec.  __. 2 of 
the current capital rule means an entity established or chartered by 
the U.S. government to serve public purposes specified by the U.S. 
Congress but whose debt obligations are not explicitly guaranteed by 
the full faith and credit of the U.S. government. See 12 CFR 3.2 
(OCC); 12 CFR 217.2 (Board); 12 CFR 324.2 (FDIC).
---------------------------------------------------------------------------

b. Exposures to Depository Institutions, Foreign Banks, and Credit 
Unions
    The proposal would define the scope of exposures to depository 
institutions,

[[Page 14965]]

foreign banks, and credit unions in a manner that is consistent with 
the definitions and scope of exposures covered under the current 
capital rule. Under the proposal, a bank exposure would mean an 
exposure (such as a receivable, guarantee, letter of credit, loan, OTC 
derivative contract, or senior debt instrument) to a depository 
institution, foreign bank, or credit union.70 71
---------------------------------------------------------------------------

    \70\ Under Sec.  __.2 of the current capital rule, a depository 
institution means a depository institution as defined in section 3 
of the Federal Deposit Insurance Act, a foreign bank means a foreign 
bank as defined in section 211.2 of the Federal Reserve Board's 
Regulation K (12 CFR 211.2) (other than a depository institution), 
and a credit union means an insured credit union as defined under 
the Federal Credit Union Act (12 U.S.C. 1751 et seq.). See 12 CFR 
3.2 (OCC); 12 CFR 217.2 (Board); 12 CFR 324.2 (FDIC). Exposures to 
other financial institutions, such as bank holding companies, 
savings and loans holding companies, and securities firms, generally 
would be considered corporate exposures. See 78 FR 62087 (Oct. 11, 
2013).
    \71\ The proposal would require banking organizations to apply a 
150 percent risk weight to bank exposures that are either 
subordinated exposures, as described in section IV.A.2.f. of this 
SUPPLEMENTARY INFORMATION, or covered debt instruments that are not 
deducted.
---------------------------------------------------------------------------

    The proposed treatment for bank exposures supports the simplicity, 
transparency, and consistency objectives of the proposal in a manner 
that is appropriately risk sensitive. The proposal would provide three 
categories for bank exposures that are ranked from the highest to the 
lowest in terms of creditworthiness: Grade A, Grade B, and Grade C. The 
assignment of a bank exposure to a category would be based on the 
indicators of creditworthiness of the obligor depository institution, 
foreign bank, or credit union. As outlined below, the proposal would 
rely on the current capital rule's definition of investment grade and 
the proposed definition of speculative grade for differentiating the 
credit risk of bank exposures. In addition, the proposal would 
incorporate publicly disclosed capital levels to differentiate the 
financial strength of a depository institution, foreign bank, or credit 
union in a manner that is both objective and transparent to supervisors 
and the public.
    More specifically, a Grade A bank exposure would mean a bank 
exposure for which the obligor depository institution, foreign bank, or 
credit union (1) is investment grade, and (2) whose most recent 
publicly disclosed capital ratios meet or exceed the higher of: (a) the 
minimum capital requirements and any additional amounts necessary to 
not be subject to limitations on distributions and discretionary bonus 
payments under the capital rules established by the prudential 
supervisor of the depository institution, foreign bank, or credit 
union, and (b) if applicable, the capital ratio requirements for the 
well-capitalized category under the agencies' prompt corrective action 
framework,\72\ or under similar rules of the National Credit Union 
Administration.\73\ For a bank exposure to be considered investment 
grade, a banking organization would have to determine that the obligor 
has adequate capacity to meet financial commitments, consistent with 
the current rule.\74\ Further, a bank exposure to a depository 
institution that had opted into the community bank leverage ratio 
(CBLR) framework and is investment grade would be considered to be a 
Grade A bank exposure, including if the obligor depository institution 
were in the grace period under the CBLR framework.\75\ As a result, 
under the proposal, a depository institution that uses the CBLR 
framework would not be required to calculate or disclose risk-based 
capital ratios for purposes of qualifying as a Grade A bank exposure. 
Additionally, as described further in the next paragraph, a Grade A 
exposure to depository institutions that have opted into the CBLR 
framework would receive a reduced risk weight relative to other Grade A 
exposures.
---------------------------------------------------------------------------

    \72\ The capital ratios used for this determination are the 
ratios on the depository institution's most recent quarterly 
Consolidated Report of Condition and Income (Call Report).
    \73\ See 12 CFR part 702 (National Credit Union Administration).
    \74\ Under Sec.  __.2 of the current capital rule, ``investment 
grade'' means that the entity to which the banking organization is 
exposed through a loan or security, or the reference entity with 
respect to a credit derivative, has adequate capacity to meet 
financial commitments for the projected life of the asset or 
exposure. Such an entity or reference entity has adequate capacity 
to meet financial commitments if the risk of its default is low and 
the full and timely repayment of principal and interest is expected.
    \75\ See 12 CFR 3.12(a)(1) (OCC); 12 CFR 217.12(a)(1) (Board); 
12 CFR 324.12(a)(1) (FDIC). See also 90 FR 55048 (Dec. 1, 2025).
---------------------------------------------------------------------------

    Certain Grade A exposures to depository institutions, foreign 
banks, and credit unions would be subject to a 30 percent risk weight, 
whereas the others would be assigned a 40 percent risk weight. 
Specifically, a banking organization could assign a 30 percent risk 
weight to Grade A exposures to: (1) Category I, II, or III depository 
institutions with a common equity tier 1 capital ratio of 14 percent or 
higher and a supplementary leverage ratio (SLR) of five percent or 
higher; (2) depository institutions that have opted into the CBLR 
framework; and (3) depository institutions not subject to the SLR or 
CBLR framework with a common equity tier 1 capital ratio of 14 percent 
or higher and a tier 1 leverage ratio of five percent or higher.\76\ To 
qualify for the 30 percent risk weight, a foreign bank obligor would 
have to meet the same requirements of having a 14 percent or higher 
common equity tier 1 capital ratio and a five percent or higher 
leverage ratio as determined by the applicable capital standards of the 
foreign bank's home country jurisdiction.\77\ Under this proposed 
criteria, 68.3 percent of U.S. depository institutions would meet the 
criteria for a highly capitalized bank exposure and be assigned a 30 
percent risk weight, based on Call Report data as of June 30, 2025. 
Grade A exposures to credit unions would be subject to the 30 percent 
risk weight if the obligor credit union has a net worth ratio of 9 
percent or higher.\78\ These requirements would be broadly consistent 
with those in the Basel standards and provide a preferential risk 
weight for institutions presenting a materially lower credit risk than 
other Grade A bank exposures. The 30 percent risk weight for exposures 
to banks with materially higher capital levels would increase risk 
sensitivity while maintaining competitive equity across various sizes 
of obligor institutions.
---------------------------------------------------------------------------

    \76\ An exposure to a depository institution that has not opted 
into the CBLR framework and is not required to calculate a common 
equity tier 1 ratio and a SLR or tier 1 leverage ratio, as 
applicable, under the agencies' capital rule would not qualify for 
the 30 percent risk weight.
    \77\ The Grade A foreign bank would have to meet the five 
percent Basel leverage ratio level for the 30 percent risk weight, 
as implemented by the foreign bank's home country. The Basel 
leverage ratio is substantially similar to the supplementary 
leverage ratio under the agencies' capital rule.
    \78\ For comparison, a well-capitalized credit union must have a 
net worth ratio (NWR) of 7 percent or greater. A NWR of 9 percent 
was selected given that is the level used in their Complex Credit 
Union Leverage Ratio (CCULR) framework. The average NWR of Risk-
Based Capital reporters was 9.83 percent as of 2025 Q2. See 
Quarterly Credit Union Data Summary 2025 Q2 (Page 20) and Risk-Based 
Capital Frequently Asked Questions [verbar] NCUA.
---------------------------------------------------------------------------

    A Grade B bank exposure would mean a bank exposure that is not a 
Grade A bank exposure and for which the obligor depository institution, 
foreign bank, or credit union (1) is speculative grade or investment 
grade, and (2) whose most recent publicly disclosed capital ratios meet 
or exceed the higher of: (a) the applicable minimum capital 
requirements under capital rules established by the prudential 
supervisor of the depository institution, foreign bank, or credit 
union, and (b) if applicable, the capital ratio requirements for the 
adequately-

[[Page 14966]]

capitalized category \79\ under the agencies' prompt corrective action 
framework, or under similar rules of the National Credit Union 
Administration.
---------------------------------------------------------------------------

    \79\ See 12 CFR 6.4(b)(2) (OCC); 12 CFR 208.43(b)(2) (Board); 12 
CFR 324.403(b)(2) (FDIC).
---------------------------------------------------------------------------

    For a foreign bank to qualify as a Grade A or Grade B bank 
exposure, the proposal would require the applicable capital standards 
imposed by the home country supervisor to be broadly consistent with 
international capital standards issued by the Basel Committee. This 
requirement aims to maintain competitive equity and recognize 
creditworthiness of institutions subject to capital standards that are 
broadly consistent--the capital standards issued by the Basel Committee 
are comparable to U.S. capital rules.
    Under the proposal, an exposure to a foreign bank that is a Grade A 
or Grade B bank exposure and is a self-liquidating, trade-related 
contingent item that arises from the movement of goods and that has a 
maturity of three months or less may be assigned a risk weight that is 
lower than the risk weight applicable to other exposures to the same 
foreign bank. The proposed approach to providing a preferential risk 
weight for short-term self-liquidating, trade-related contingent items 
would be consistent with the current standardized approach.
    In addition, an exposure would not qualify as a Grade A or Grade B 
bank exposure if: (1) the obligor depository institution, foreign bank, 
or credit union does not have capital ratios that are publicly 
disclosed within the last six months; or (2) the external auditor of 
the depository institution, foreign bank, or credit union has issued an 
adverse audit opinion or has expressed substantial doubt about the 
ability of the depository institution, foreign bank, or credit union to 
continue as a going concern within the previous 12 months.
    A Grade C bank exposure would mean a bank exposure that does not 
qualify as a Grade A or Grade B bank exposure.
    The proposal would address the risk that capital and foreign 
exchange controls imposed by a sovereign entity in which a foreign bank 
is located could prevent or materially impede the ability of the 
foreign bank to convert its currency to meet its obligations or 
transfer funds. The proposal would, therefore, provide a risk weight 
floor for foreign bank exposures based on the risk weight applicable to 
a sovereign exposure for the jurisdiction where the foreign bank is 
incorporated when (1) the exposure is not in the local currency of the 
jurisdiction where the foreign bank is incorporated; or (2) for an 
exposure to a branch of a foreign bank in a foreign jurisdiction that 
is not the home country of the foreign bank, the exposure is in the 
local currency of the jurisdiction in which the foreign branch 
operates.\80\ The risk weight floor would not apply to short-term self-
liquidating, trade-related contingent items that arise from the 
movement of goods.
---------------------------------------------------------------------------

    \80\ See Table 1 in Sec.  __.111 for the proposed sovereign 
risk-weight table, which is identical to Table 1 to Sec.  __.32 in 
the current capital rule.
---------------------------------------------------------------------------

    As provided in Table 1, the proposed risk weights for bank 
exposures generally would range from 20 percent to 150 percent. The 
proposal provides more granular and higher risk weights for bank 
exposures compared to the standardized approach to better reflect the 
range of credit risks presented by these exposures. In addition, the 
proposal better accounts for financial system interconnectedness 
inherent in exposures to depository institutions, foreign banks, and 
credit unions, which can pose systemic risk to the financial system.
[GRAPHIC] [TIFF OMITTED] TP27MR26.060

    The proposed risk weights in Table 1 for exposures to depository 
institutions, credit unions and foreign banks, especially those that 
are Grade A, reflect that those institutions present reduced credit 
risk relative to exposures to other types of financial institutions or 
companies. U.S. depository institutions and credit unions are subject 
to strong capital requirements, are subject to robust federal 
supervision, and have limitations in the types of riskier financial 
transactions in which they can engage. Foreign banks that qualify as 
Grade A would have broadly consistent capital standards as U.S. 
depository institutions and also would be subject to regulatory and 
supervisory frameworks broadly equivalent with those in the Basel 
standards. Additionally, the proposed risk weights for bank exposures 
under the expanded risk-based approach would be more risk sensitive 
than the current standardized

[[Page 14967]]

approach as the expanded risk-based approach incorporates more credit-
risk indicators and characteristics of the obligor depository 
institution, foreign bank, or credit union.
    Question 14: What would be the advantages and disadvantages of the 
agencies treating an exposure to a nonbank financial institution such 
as foreign holding companies or broker dealer subsidiary institutions 
that are located in a foreign jurisdiction as a foreign bank exposure, 
when that foreign jurisdiction has determined that the given type of 
financial institution is regulated and supervised in that jurisdiction 
in a manner equivalent to banks?
    Question 15: What are the advantages and disadvantages of assigning 
a 30 percent risk weight to Grade A bank exposures meeting the 
additional criteria discussed above? To what extent would the lower 30 
percent risk weight contribute to the pro-cyclicality of bank capital 
requirements? To what extent might the risk weight contribute to credit 
contraction during economic downturns and credit acceleration during 
economic expansions?
    Question 16: The agencies seek comment on the appropriateness of 
the additional requirements that must be met to for Grade A bank 
exposures to qualify for a 30 percent risk weight. What alternative 
calibration of common equity tier 1 capital ratio and supplementary 
leverage ratio levels would be appropriate for Category I, II, and III 
Grade A depository institutions to receive a 30 percent risk weight? 
What alternative calibration of common equity tier 1 capital ratio and 
tier 1 leverage ratio levels would be appropriate for depository 
institutions not subject to the CBLR framework or SLR to receive a 30 
percent risk weight? Please provide analytical support.
    Question 17: The agencies seek comment on whether the proposed 
treatment for exposures to depository institutions, foreign banks, and 
credit unions is appropriate for uninsured trust banks that do not have 
capital ratios that were publicly disclosed within the last six months, 
including such entities that issue payment stablecoins. What 
alternative calibrations or approaches should the agencies consider to 
differentiate the financial strength of uninsured trust banks that 
would be appropriately risk-sensitive and consistent with the objective 
of establishing simple, transparent, and consistent requirements?
    Question 18: What would be the advantages and disadvantages of the 
agencies requiring broadly consistent capital standards in the foreign 
jurisdiction, as well as robust regulatory and supervisory frameworks 
that are consistent with international capital standards issued by the 
Basel Committee for certain foreign banks to qualify as Grade A and 
Grade B? What are appropriate alternative indicators that could be used 
to determine whether a foreign bank qualifies for a Grade A 
classification? What are the advantages and disadvantages of looking to 
the applicable capital requirements in foreign jurisdictions for 
determining if a Grade A foreign bank meets the thresholds described 
above to be eligible to apply a 30 percent risk weight? What 
alternatives should the agencies consider to determine whether a 
foreign bank has sufficient capital to warrant applying a 30 percent 
risk weight to a Grade A foreign bank exposure?
c. Real Estate Exposures
    The proposal would define a real estate exposure as an exposure 
that is neither a sovereign exposure nor an exposure to a PSE and that 
is (1) a residential mortgage exposure, (2) primarily secured by 
collateral in the form of real estate,\81\ (3) a pre-sold construction 
loan,\82\ (4) a statutory multifamily mortgage,\83\ (5) a high 
volatility commercial real estate (HVCRE) exposure,\84\ or (6) an 
acquisition, development, or construction (ADC) exposure. A pre-sold 
construction loan, a statutory multifamily mortgage, and an HVCRE 
exposure are collectively referred to as statutory real estate 
exposures for purposes of this SUPPLEMENTARY INFORMATION. Under the 
proposal, the risk weight treatment for statutory real estate exposures 
would be unchanged from the current standardized approach.
---------------------------------------------------------------------------

    \81\ For purposes of the proposal, ``primarily secured by 
collateral in the form of real estate'' should be interpreted in a 
manner that is consistent with the current definition for ``a loan 
secured by real estate'' in the Call Report and Consolidated 
Financial Statements for Holding Companies (FR Y-9C) instructions.
    \82\ The Resolution Trust Corporation Refinancing, 
Restructuring, and Improvement Act of 1991 (RTCRRI Act) mandates 
that each agency provide in its capital regulations (i) a 50 percent 
risk weight for certain one-to-four-family residential pre-sold 
construction loans that meet specific statutory criteria in the 
RTCRRI Act and any other underwriting criteria imposed by the 
agencies, and (ii) a 100 percent risk weight for one-to-four-family 
residential pre-sold construction loans for residences for which the 
purchase contract is cancelled. See 12 U.S.C. 1831n note.
    \83\ The RTCRRI Act mandates that each agency provide in its 
capital regulations a 50 percent risk weight for certain multifamily 
residential loans that meet specific statutory criteria in the 
RTCRRI Act and any other underwriting criteria imposed by the 
agencies. See 12 U.S.C. 1831n note.
    \84\ Section 214 of the Economic Growth, Regulatory Relief, and 
Consumer Protection Act imposes certain requirements on high 
volatility commercial real estate acquisition, development, or 
construction loans. Section 214 of Public Law 115-174, 132 Stat. 
1296 (2018). See 12 U.S.C. 1831bb.
---------------------------------------------------------------------------

    Risks related to exposures secured by real estate depend on what 
type of real estate secures the exposure. Residential real estate loans 
generally have lower historical charge off rates than commercial real 
estate exposures.\85\ Residential real estate exposures are generally 
amortizing, often have stricter underwriting standards for leverage 
than commercial real estate, and often are easier to value. In 
addition, residential and commercial real estate exposures that are 
deemed prudently underwritten reflect reduced credit risk relative to 
those real estate exposures that are not prudently underwritten.\86\ 
The proposal would therefore differentiate the credit risk of real 
estate exposures that are not statutory real estate exposures by 
introducing the following categories: regulatory residential real 
estate exposures, regulatory commercial real estate exposures, ADC 
exposures, and other real estate exposures. The applicable risk weight 
for these real estate exposures would depend on (1) whether the real 
estate exposure meets the definitions of regulatory residential real 
estate exposure, regulatory commercial real estate exposure, ADC 
exposure, or other real estate exposure, described below; (2) whether 
the repayment of such exposures is dependent on the cash flows 
generated by the underlying real estate (such as rental properties, 
leased properties, and hotels); and (3) in the case of regulatory 
residential or regulatory commercial real estate exposures, the loan-
to-value (LTV) ratio of the exposure.
---------------------------------------------------------------------------

    \85\ See ``Charge Off Rates for Loans and Leases at Commercial 
Banks,'' https://www.federalreserve.gov/releases/chargeoff/delallsa.htm.
    \86\ See sections IV.A.2.c.i. and ii of this SUPPLEMENTARY 
INFORMATION for more information about the prudential criteria 
differentiating regulatory residential and regulatory commercial 
real estate exposures.
---------------------------------------------------------------------------

    The proposed criteria for differentiating the credit risk of real 
estate exposures would be based on information already collected and 
maintained by a banking organization as part of its mortgage lending 
activities and underwriting practices. Under the proposal, regulatory 
residential and regulatory commercial real estate exposures would be 
required to meet prudential criteria that are intended to reduce the 
likelihood of default relative to other real estate exposures. These 
criteria include a requirement that loans are made in accordance with 
prudent underwriting standards as described in

[[Page 14968]]

the existing Interagency Guidelines for Real Estate Lending Policies 
(real estate lending guidelines).\87\ Loans that are prudently 
underwritten are less likely to lead to credit losses. Thus, the risk 
weights proposed for these exposures are lower than for other real 
estate exposures.
---------------------------------------------------------------------------

    \87\ See 12 CFR part 34, appendix A to subpart D (OCC); 12 CFR 
part 208, appendix C (Board); 12 CFR part 365, appendix A (FDIC).
---------------------------------------------------------------------------

    Moreover, real estate loans for which repayment is dependent on the 
cash flows generated by the real estate can expose a banking 
organization to elevated credit risk relative to real estate exposures 
where repayment is not dependent on cash flows generated by the 
property,\88\ as the obligor may be unable to meet its financial 
commitments when cash flows from the property decrease, such as when 
tenants default or properties are unexpectedly vacant.\89\ Exposures 
that are dependent on the cash flows generated by real estate to repay 
the loan can also be affected by local market conditions and, thus, 
present elevated credit risk relative to exposures that are serviceable 
by the income, cash, or other assets of the obligor. For example, an 
increase in the supply of competitive rental property can lower demand 
and suppress cash flows needed to support repayment of a loan.
---------------------------------------------------------------------------

    \88\ Loans secured by real estate where the repayment of the 
loan does not depend on cash flows generated by the real estate 
include owner-occupied properties, where repayment of the loan is 
generally based on the income or revenue of the borrower. See 
additional discussion of dependent on the cash flows generated by 
the real estate in section IV.A.2.c.iii. of this SUPPLEMENTARY 
INFORMATION.
    \89\ See Board of Governors of the Federal Reserve System, 
Financial Stability Report (November 2020), https://www.federalreserve.gov/publications/files/financial-stability-report-20201109.pdf.
---------------------------------------------------------------------------

    In addition, LTV ratios are a meaningful risk indicator for the 
credit quality of a real estate exposure because the amount of an 
obligor's equity in a real estate property is negatively correlated 
with default risk and provides banking organizations with a degree of 
protection against losses.\90\ LTV ratios are also one of several key 
factors that market participants, including banking organizations, 
consider for differentiating credit risk.\91\ Therefore, under the 
proposal, exposures with lower LTV ratios generally would receive a 
lower risk weight than comparable real estate exposures with higher LTV 
ratios.
---------------------------------------------------------------------------

    \90\ Id., at 30. For evidence on the correlation between LTV and 
loss rates in mortgage loans, see Laurie Goodman and Jun Zhu, ``Bank 
Capital Notice of Proposed Rulemaking--A Look at the Provisions 
Affecting Mortgage Loans in Bank Portfolios,'' Urban Institute 
(2023), https://www.urban.org/sites/default/files/2023-09/BankCapitalNoticeofProposedRulemaking.pdf; and Sewin Chan, Andrew 
Haughwout, Andrew Hayashi, and Wilbert van der Klaauw, 
``Determinants of Mortgage Default and Consumer Credit Use: The 
Effects of Foreclosure Laws and Foreclosure Delays,'' Federal 
Reserve Bank of New York, Staff Report No. 732 (2015), https://www.newyorkfed.org/medialibrary/media/research/staff_reports/sr732.pdf.
    \91\ See Avery et al, ``Credit Risk, Credit Scoring, and the 
Performance of Home Mortgages,'' Federal Reserve Board of Governors, 
Federal Reserve Bulletin (1996), https://www.federalreserve.gov/pubs/bulletin/1996/796lead.pdf. See also 12 CFR part 1240.
---------------------------------------------------------------------------

    The proposed scope, risk drivers, and risk weights described below 
are generally consistent with those in the Basel standards.
i. Regulatory Residential Real Estate Exposures
    Under the proposal, a regulatory residential real estate exposure 
would be defined as a first-lien residential mortgage exposure (as 
defined in Sec.  __.2 of the current capital rule) that is not an ADC 
exposure, a pre-sold construction loan, a statutory multifamily 
mortgage, or an HVCRE exposure, provided the exposure meets certain 
prudential criteria.\92\ First, the loan would be required to be 
secured by a residential property that is either owner-occupied or 
rented. Second, the exposure would be required to be made in accordance 
with prudent underwriting standards, including standards relating to 
the supervisory LTVs as described in the interagency real estate 
lending guidelines.\93\ Third, during the underwriting process, the 
banking organization would be required to apply underwriting policies 
that account for the ability of the obligor to repay based on clear and 
measurable underwriting standards that enable the banking organization 
to evaluate these credit factors. The agencies expect these 
underwriting standards to be consistent with the agencies' safety and 
soundness and real estate lending guidelines.\94\ Fourth, the property 
must be valued in accordance with the proposed requirements included in 
the proposed LTV ratio calculation, as discussed below in section 
IV.A.2.c.iv. of this SUPPLEMENTARY INFORMATION. Finally, the loan must 
not have been modified or restructured.\95\
---------------------------------------------------------------------------

    \92\ Consistent with the standardized approach in the capital 
rule, under the proposal, when a banking organization holds the 
first-lien and junior-lien(s) residential mortgage exposures and no 
other party holds an intervening lien, the banking organization must 
combine the exposures and treat them as a single first-lien 
regulatory residential real estate exposure, if the first-lien meets 
all of the criteria for a regulatory residential real estate 
exposure.
    \93\ For more information on determining the value of the 
property, see section IV.A.2.c.iv. of this SUPPLEMENTARY 
INFORMATION.
    \94\ See 12 CFR part 30, appendix C and 12 CFR part 34, appendix 
A to subpart D (OCC); 12 CFR part 208, appendix C (Board); 12 CFR 
parts 364 and 365 (FDIC).
    \95\ Consistent with the current standardized approach, a 
residential real estate loan that is modified or restructured solely 
pursuant to the U.S. Treasury's Home Affordable Mortgage Program is 
not modified or restructured under this criterion for regulatory 
residential real estate exposures.
---------------------------------------------------------------------------

    As discussed, residential real estate exposures that meet these 
criteria present relatively lower credit risk than other residential 
real estate exposures. Loans on property that are owner-occupied or 
rented have both a consistent expected flow of payments on the loan, as 
well as an occupant of the property that is present. Evaluating the 
ability of the obligor to repay using consistent and transparent 
metrics allows banking organizations and supervisors to more easily 
compare the obligor's ability to repay with other borrowers in the 
banking organization's loan portfolio. Modified or restructured loans 
reflect that there might be deterioration in the ability of the 
borrower to repay and, though not necessarily indications of likely 
default, merit higher applicable risk weights than those that have no 
such indications of potential deterioration in credit quality.
ii. Regulatory Commercial Real Estate Exposures
    The proposal would define a regulatory commercial real estate 
exposure as a real estate exposure that is not a regulatory residential 
real estate exposure, an ADC exposure, a pre-sold construction loan, a 
statutory multifamily mortgage, or an HVCRE exposure, provided the 
exposure meets several prudential criteria. First, the exposure would 
be required to be primarily secured by fully completed real estate.\96\ 
Second, the banking organization would be required to hold a first 
priority security interest in the property that is legally enforceable 
in all relevant jurisdictions.\97\ Third, the exposure would be 
required to be made in accordance with prudent underwriting standards, 
including standards relating to supervisory LTVs. Fourth, during the 
underwriting process, the banking organization would be required to 
apply underwriting policies that account for the ability of the obligor 
to repay in a timely manner

[[Page 14969]]

based on clear and measurable underwriting standards that enable the 
banking organization to evaluate these credit factors. The agencies 
expect that these underwriting standards would be consistent with the 
agencies' safety and soundness and real estate lending guidelines. The 
property would be required to be valued in accordance with the 
requirements included in the proposed LTV ratio calculation, as 
discussed below. Finally, the loan must not have been modified or 
restructured.
---------------------------------------------------------------------------

    \96\ Commercial properties where the construction is complete 
and the property is ready for its intended use.
    \97\ When the banking organization also holds a junior security 
interest in the same property and no other party holds an 
intervening security interest, the banking organization must treat 
the exposures as a single first-lien regulatory commercial real 
estate exposure, if the first lien meets all the criteria for a 
regulatory commercial real estate exposure.
---------------------------------------------------------------------------

    As previously discussed, commercial real estate exposures that meet 
these criteria would present relatively lower credit risk than other 
commercial real estate exposures. Loans on property that is still under 
construction are reliant on the completion of the property for 
repayment of the loan, which can be delayed or interrupted by many 
factors such as changes in market condition or financial difficulty of 
the obligor.\98\ A perfected, first priority security interest would 
provide the banking organization with priority for repayment in the 
case of bankruptcy of the obligor.\99\ Evaluating the ability of the 
obligor to repay using consistent and transparent metrics allows 
banking organizations and supervisors to more easily compare the 
obligor's ability to repay with other borrowers in the banking 
organization's loan portfolio. As with residential exposures, permanent 
commercial real estate loans that have been modified or restructured 
indicate there might be a deterioration in the ability of the borrower 
to repay, meriting higher applicable risk weights than those that have 
no such indications.
---------------------------------------------------------------------------

    \98\ See, e.g., https://www.occ.gov/publications-and-resources/publications/comptrollers-handbook/files/commercial-real-estate-lending/pub-ch-commercial-real-estate.pdf.
    \99\ See, e.g., https://www.occ.treas.gov/static/ots/exam-handbook/ots-exam-handbook-214aa.pdf.
---------------------------------------------------------------------------

    Question 19: What are the pros and cons of the proposed 
requirements for real estate exposures to qualify as regulatory 
commercial real estate exposures? How would the requirement for the 
banking organization to hold a first-priority security interest in the 
property that is legally enforceable in all relevant jurisdictions 
impact loans to different types of commercial borrowers? For those 
commercial real estate exposures where banking organizations do not 
hold a first priority security interest in the underlying property, 
what, if any, alternatives should the agencies consider that would 
result in the same priority for repayment in the case of bankruptcy of 
the obligor?
iii. Exposures That Are Dependent on the Cash Flows Generated by the 
Real Estate
    As noted above, the proposal would differentiate the risk weight of 
regulatory residential, regulatory commercial, and other real estate 
exposures based on whether the obligor's ability to service the loan is 
dependent on cash flows generated by the real estate.
    If the underwriting process at origination of the real estate 
exposure considers any cash flows generated by the real estate securing 
the loan, such as from lease or rental payments or from the sale of the 
real estate, as a source of repayment, then the exposure would meet the 
proposal's definition of dependent on the cash flows generated by the 
real estate. Evaluating the dependence on cash flows generated from the 
real estate is a conservative and straightforward measure of credit 
risk. Reliance on cash flows from the property for repayment of a loan 
indicates increased risk of nonpayment relative to when the borrower 
has sufficient funds from other sources, such as income or business 
profits, for full repayment of the loan. Given their increased credit 
risk, the proposal would assign higher risk weights to exposures that 
are dependent on proceeds or cash flows generated from the real estate 
itself to service the loan.
    Under the proposal, additional loan characteristics can affect 
whether an exposure would be considered dependent on cash flows 
generated by the real estate. The proposal's definition of dependent on 
the cash flows generated by the real estate would exclude any 
residential mortgage exposure that is secured by the obligor's 
principal residence, as such mortgage exposures present reduced credit 
risk relative to real estate exposures that are secured by the 
obligor's non-principal residence.\100\ For residential properties that 
are not the obligor's principal residence, including vacation homes and 
other second homes, such properties would be considered dependent on 
the cash flows generated by the real estate unless the banking 
organization has relied solely on the obligor's personal income and 
resources, rather than rental income (or resale or refinance of the 
property), to ascertain the obligor's capacity to repay the loan.\101\
---------------------------------------------------------------------------

    \100\ See Breck Robinson, Federal Reserve Bank of Richmond, and 
Richard M. Todd, Federal Reserve Bank of Minneapolis, ``The Role of 
Non-Owner-Occupied Homes in the Current Housing and Foreclosure 
Cycle,'' Pg. 6, which cites multiple studies that loans on non-owner 
occupied properties have higher loss rates on mortgages to non-
occupant owners than on mortgages to owner-occupants, at least after 
controlling for credit scores and other standard underwriting 
criteria. https://www.richmondfed.org/~/media/richmondfedorg/
publications/research/working_papers/2010/pdf/wp10-11.pdf.
    \101\ For example, if (1) a borrower purchases a two-unit 
property with the intention of making one unit their principal 
residence, (2) the borrower intends to rent out the second unit to a 
third party, and (3) the banking organization considered the cash 
flows from the rental unit as a source of repayment, the exposure 
would not meet the proposal's definition of dependent on the cash 
flows generated by the real estate because the property securing the 
exposure is the borrower's principal residence.
---------------------------------------------------------------------------

    For regulatory commercial real estate exposures, the applicable 
risk weights similarly would be determined based on whether repayment 
is dependent on the cash flows generated by the real estate. For 
example, the agencies would expect that rental office buildings, 
hotels, and shopping centers leased to tenants are often dependent on 
the cash flows generated by the real estate for repayment of the loan. 
In the case of a loan to an obligor to purchase or refinance real 
estate where the obligor will operate a business, such as a retail 
store or factory, and rely solely on the revenues from the business or 
resources of the obligor other than rental, resale, or other income 
from the real estate for repayment, the exposure would not be 
considered dependent on the cash flows generated by the real estate 
under the proposal. Similarly, a loan to the owner-operator of a farm 
would not be considered dependent on the cash flows generated by the 
real estate under the proposal if the obligor will rely solely on the 
sale of products from the farm or other resources of the obligor other 
than rental, resale, or other income from the real estate for 
repayment.
    Question 20: What are the pros and cons of the agencies 
establishing a ``materially'' dependent on cash flows test that would 
consider the source of repayment to be partly from the borrower's own 
resources and partly from the cash flows/income generated by the real 
estate? What, if any, quantitative threshold should the agencies 
consider in determining whether a real estate exposure is dependent on 
cash flows generated by the real estate (for example, the cash flows 
generated from real estate reflect between 5 and 50 percent of amount 
needed for repayment of the loan)? Further, if the agencies decide to 
adopt a quantitative threshold, either for regulatory residential or 
regulatory commercial real estate exposures, what should the agencies 
consider when calibrating such a threshold for regulatory residential, 
and separately for regulatory commercial real estate

[[Page 14970]]

exposures, and what would be the appropriate calibration levels for 
each? Provide specific examples, including calculations and supporting 
data. Relatedly, please provide views on how to define cash flows and 
what expenses, if any, the agencies should consider.
iv. Calculating the Loan-to-Value Ratio
    The proposal would require a banking organization to use LTV ratios 
to assign a risk weight to a regulatory residential or regulatory 
commercial real estate exposure. The proposed calculation of the LTV 
ratio would be generally consistent with the real estate lending 
guidelines except with respect to the recognition of private mortgage 
insurance, as described below.
    Under the proposal, an LTV ratio would be calculated as the 
extension of credit divided by the value of the property. The extension 
of credit would mean the total outstanding amount of the loan including 
the notional total of any undrawn committed amount of the loan. The 
total outstanding amount of the loan would reflect the current 
amortized balance as the loan pays down, which would allow a banking 
organization to assign a lower risk weight to a loan over time as the 
principal is repaid. Similarly, if an extension of credit increases, a 
banking organization would reflect that increase in the LTV ratio.
    For purposes of the LTV ratios in Tables 2, 3, 4, 5 below, a 
banking organization would calculate the loan amount without making any 
adjustments for credit loss provisions or private mortgage insurance. 
Not recognizing private mortgage insurance for these purposes would be 
consistent with the current capital rule's definition of eligible 
guarantor, which does not recognize an insurance company engaged 
predominately in the business of providing credit protection (such as a 
monoline bond insurer or re-insurer).\102\ During the 2007-2009 housing 
market stress, the performance of private mortgage insurance 
deteriorated at the same time as the underlying exposures.\103\ Under 
the proposal and consistent with the current capital rule, private 
mortgage insurance is considered when banking organizations identify if 
a residential mortgage exposure is made in accordance with prudent 
underwriting standards. As discussed earlier, under the proposal a 
residential mortgage exposure must be made in accordance with prudent 
underwriting standards and must meet other requirements to be 
considered regulatory residential real estate exposures and therefore 
eligible to be risk weighted according to the LTV table described 
below.\104\
---------------------------------------------------------------------------

    \102\ A guarantor is not an eligible guarantor under the current 
capital rule if the guarantor's creditworthiness is positively 
correlated with the credit risk of the exposures for which it has 
provided guarantees. 78 FR 62141 (Oct.11, 2013).
    \103\ See Laurie Goodman and Karan Kuhl, ``Sixty Years of 
Private Mortgage Insurance in the United States,'' The Urban 
Institute Housing Finance Policy Center, August 2017. Pg. 7, https://www.urban.org/sites/default/files/publication/92676/2017_08_18_sixty_years_of_pmi_finalizedv3_3.pdf.
    \104\ As described in section IV.A.2.c.i. of this SUPPLEMENTARY 
INFORMATION, regulatory residential mortgage exposures must be made 
in accordance with prudent underwriting standards, including 
standards relating to supervisory LTVs, which allow for the 
consideration of private mortgage insurance for permanent mortgage 
or home equity loans on owner-occupied, 1- to 4-family residential 
properties.
---------------------------------------------------------------------------

    The value of the property would mean the value at the time of 
origination of all real estate properties securing the extension of 
credit, including the increased estimated value of the property if the 
property is being improved by an extension of credit. The value of the 
property would also include the fair value of any readily marketable 
collateral and other acceptable collateral, as defined in the real 
estate lending guidelines, that secures the extension of credit.
    For exposures subject to the Real Estate Lending, Appraisal 
Standards, and Minimum Requirements for Appraisal Management Companies 
or Appraisal Standards for Federally Related Transactions 
(collectively, the appraisal rule),\105\ the market value of real 
estate would be a valuation that meets all requirements of that rule. 
For exposures not subject to the appraisal rule, the proposal would 
require that (1) the market value of real estate be obtained from an 
independent valuation of the property using prudently conservative 
valuation criteria; and (2) the valuation be done independently from 
the banking organization's origination and underwriting process. Most 
real estate exposures held by insured depository institutions are 
subject to the agencies' appraisal rule, which also provides for 
evaluations in some cases, and provides for certain exceptions, such as 
where a lien on real estate is taken out of an abundance of caution. To 
help ensure that the value of the real estate is determined in a 
prudently conservative manner, the proposal would also provide that, 
for exposures not subject to the appraisal rule, the valuations of the 
real estate properties would need to exclude expectations of price 
increases and be adjusted downward to take into account the potential 
for the current market prices to be significantly above the values that 
would be sustainable over the life of the loan.
---------------------------------------------------------------------------

    \105\ See 12 CFR part 34, subpart C or subpart G (OCC); 12 CFR 
part 208, subpart E or 12 CFR part 225, subpart G (Board); 12 CFR 
part 323 (FDIC).
---------------------------------------------------------------------------

    In addition, when the real estate exposure finances the purchase of 
the property, the value would be the lower of (1) the actual 
acquisition cost of the property and (2) the market value obtained from 
either (i) the valuation requirements under the appraisal rule (if 
applicable) or (ii) as described above, an independent valuation of the 
property using prudently conservative valuation criteria and that is 
separate from the banking organization's origination and underwriting 
process.
    Using the value of a property at origination when calculating the 
LTV ratio protects against volatility risk or short-term market price 
inflation. For purposes of the LTV ratio calculation, the proposal 
would require banking organizations to use the value of the property at 
the time of origination, except under the following circumstances: (1) 
the banking organization's primary Federal supervisor requires the 
banking organization to revise the property value downward; (2) an 
extraordinary event occurs resulting in a permanent reduction of the 
property value (for example, a natural disaster); or (3) modifications 
are made to the property that increase its market value and are 
supported by a new appraisal or independent evaluation using prudently 
conservative criteria. These proposed exceptions are intended to 
constrain the use of values other than the value of the property at 
loan origination only to exceptional circumstances that are 
sufficiently material to warrant use of a revised valuation.
    For purposes of determining the value of the property, the proposal 
would use the definition of readily marketable collateral and other 
acceptable collateral from the real estate lending guidelines. 
Therefore, readily marketable collateral would mean insured deposits, 
financial instruments, and bullion in which the banking organization 
has a perfected security interest. Financial instruments and bullion 
would need to be salable under ordinary circumstances with reasonable 
promptness at a fair market value determined by quotations based on 
actual transactions, by an auction, or by a similarly available daily 
bid and ask price market. Other acceptable collateral would mean any 
collateral in which the banking organization has a perfected security 
interest that has a quantifiable value and is accepted by the banking 
organization in accordance with safe and sound lending practices.

[[Page 14971]]

Under the proposal, other acceptable collateral would include, among 
other items, unconditional irrevocable standby letters of credit for 
the benefit of the banking organization. Readily marketable collateral 
and other acceptable collateral must be appropriately discounted by the 
banking organization consistent with the banking organization's usual 
practices for making loans secured by such collateral. The 
reasonableness of a banking organization's underwriting criteria would 
continue to be reviewed through the supervisory process to help ensure 
its real estate lending policies are consistent with safe and sound 
banking practices.
    Question 21: What other approaches should the agencies consider to 
recognize private mortgage insurance in the determination of the risk 
weight of residential mortgage exposures? What would be the pros and 
cons of providing explicit recognition of private mortgage insurance in 
the calculation of LTV ratio for purposes of determining the risk 
weights for regulatory real estate exposures? What, if any, increases 
in procyclicality and incentives for increased risk-taking by banking 
organizations might such recognition create? What conditions could the 
agencies impose on such recognition to mitigate concerns about the 
wrong-way risk of monoline credit insurance? In recognition that 
private mortgage insurance may not provide protection under all 
relevant stress events, what are the advantages and disadvantages of 
recognizing a portion (such as 50 percent) of the value of the private 
mortgage insurance in determining the total outstanding amount of the 
loan in the calculation of the LTV ratio? Please provide any data and 
analysis supporting alternative approaches.
v. Risk Weights for Regulatory Residential Real Estate Exposures
    Under the proposal, a banking organization would assign a risk 
weight to a regulatory residential real estate exposure based on the 
exposure's LTV ratio without PMI and whether the exposure is dependent 
on the cash flows generated by the real estate, in accordance with 
Tables 2 and 3 below.\106\ LTV ratios and dependence on cash flows 
generated by the real estate would factor into the risk-weight 
treatment for real estate exposures under the proposal because these 
risk factors are meaningful determinants of credit risk for real estate 
exposures. The proposed risk weights in each LTV ratio category are 
intended to reflect differences in the credit risk of these 
exposures.\107\
---------------------------------------------------------------------------

    \106\ Residential real estate exposures that are 90 days past 
due or in nonaccrual would be assigned a 150 percent risk weight, 
unless the exposure is a residential mortgage exposure that is not 
dependent on the cash flows generated by the real estate, which 
would be assigned a 100 percent risk weight.
    \107\ The risk weight assigned to loans does not impact the 
appropriate treatment of loans under the agencies' other regulations 
and guidance, such as the supervisory LTV limits under the real 
estate lending guidelines.
[GRAPHIC] [TIFF OMITTED] TP27MR26.061

[GRAPHIC] [TIFF OMITTED] TP27MR26.062

    The proposed risk weights in Tables 2 and 3 would appropriately 
balance the benefits of risk sensitivity, transparency, and consistency 
in the risk weight for real estate exposures across banking 
organizations subject to the expanded risk-based approach. Applying 
lower risk weights to loans with lower LTVs aligns the credit risk of 
the loan with the applicable risk weight, and relying on cash flows 
from the property for repayment has historically indicated increased 
credit risk that merits higher risk weights.
    The proposal would also recognize the reduction in credit risk of 
regulatory residential real estate exposures due to amortization, as 
the obligor pays down principal and builds equity.\108\ The risk 
weights for such exposures could decrease throughout the life of the 
respective loans as obligors make payments. For example, analysis by 
the agencies indicates that residential mortgage loans issued in the 90 
percent to 100 percent LTV ratio category would have a lifetime average 
risk weight approximately five percentage points

[[Page 14972]]

lower than the applicable risk weight at origination.\109\
---------------------------------------------------------------------------

    \108\ For purposes of the LTV ratio calculation, the proposal 
would require banking organizations to use the value of the property 
at the time of origination, except under limited circumstances. See 
also Luis Otero Gonz[aacute]lez, Pablo Dur[aacute]n Santomil, 
Milagros Vivel B[uacute]a and Rub[eacute]n Lado Sestayo, ``The 
Impact of Loan-to-Value on The Default Rate of Residential MBS'' 
Journal of Credit Risk (July 2016), https://www.risk.net/journal-of-credit-risk/2465626/the-impact-of-loan-to-value-on-the-default-rate-of-residential-mortgage-backed-securities.
    \109\ See section VII of this SUPPLEMENTARY INFORMATION for more 
information explaining the analysis of the estimated ``effective'' 
risk weights applicable to residential mortgage exposures under the 
proposal.
---------------------------------------------------------------------------

    The agencies recognize that some home buyers, especially low- and 
moderate-income home buyers or those in historically underserved 
markets, are more likely to be obligors of loans with higher LTV ratios 
and thus higher risk weights under the approach described above. As a 
result, borrowing costs for some low- and moderate-income home buyers 
could be higher relative to obligors with lower LTV ratios. However, 
many low-to-moderate income borrowers obtain mortgages through loan 
programs administered by the Federal Housing Administration (FHA) or 
Department of Veterans Affairs (VA). Consistent with the current 
capital rule, banking organizations generally would apply a 20 percent 
risk weight to real estate exposures guaranteed by the U.S. government 
through the FHA or VA under the proposal. In addition, the proposed 
risk weights applicable to regulatory residential real estate exposures 
that have high LTV ratios would be generally consistent with the 
applicable risk weights under the current standardized approach for 
residential real estate exposures. The agencies estimate that the 
proposed risk-based capital requirements for regulatory residential 
real estate exposures that are not dependent on the cash flows of the 
real estate--reflecting both credit risk weights and estimated 
operational risk requirements--would be lower than the applicable risk-
based capital requirements for residential real estate mortgages 
exposures under the current standardized approach for exposures with 
LTV ratios at or below 90 percent and very similar for such exposures 
with LTV ratios between 90 and 99 percent.\110\
---------------------------------------------------------------------------

    \110\ According to agency analysis, effective risk weights, 
which reflect both credit risk weights and estimated add-ons to 
reflect operational risk, are relatively constant or falling for 
almost all types of mortgage obligors relative to the applicable 50 
percent risk weight for prudently underwritten residential mortgage 
exposures in the current standardized framework. For instance, for 
low-to-moderate income obligors, the total equivalent risk weight 
under the proposal is estimated to be 46 percent (42 percent from 
credit risk and 4 percent from operational risk). See the economic 
analysis presented in section VIII.D.2 of this SUPPLEMENTARY 
INFORMATION.
---------------------------------------------------------------------------

    Question 22: Given the proposed treatment of residential real 
estate exposures, how, if at all, would the proposed risk weights 
impact home affordability and home ownership opportunities, 
particularly for low-to-moderate income obligors or customers in other 
historically underserved markets? Please provide supporting data.
    Question 23: What alternative approaches for determining applicable 
risk weights to residential real estate exposures should the agencies 
consider and why? Please provide data supporting alternative 
approaches, including factors that were the basis for underwriting the 
loans and the historical repayment performance of the loans.
vi. Risk Weights for Regulatory Commercial Real Estate Exposures
    Similar to the proposed approach to regulatory residential real 
estate exposure, the proposal would require a banking organization to 
assign a risk weight to a regulatory commercial real estate exposure 
based on the exposure's LTV ratio and whether the exposure is dependent 
on the cash flows generated by the real estate, in accordance with 
Tables 4 and 5 below. Further, in the case of a regulatory commercial 
real estate exposure that is not dependent on cash flows generated by 
the real estate for repayment, a banking organization would be required 
to assign the risk weight applicable to the obligor, as reflected in 
Table 4. If the LTV ratio of such an exposure is greater than 60 
percent, and the banking organization does not have sufficient 
information about the exposure to determine what the risk weight 
applicable to the obligor would be, the banking organization would be 
required to assign a 100 percent risk weight to the exposure unless the 
exposures is 90 days more past due or in nonaccrual.\111\
---------------------------------------------------------------------------

    \111\ Commercial real estate exposures that are 90 days past due 
or in nonaccrual would be assigned a 150 percent risk weight.
[GRAPHIC] [TIFF OMITTED] TP27MR26.063

[GRAPHIC] [TIFF OMITTED] TP27MR26.064

    Regulatory commercial real estate exposures not dependent on cash 
flows generated by the real estate often involve situations where the 
borrowing entity occupies the property or the obligor has significant 
other cash flows to repay the loan that the banking organization 
considered when underwriting the loan. While these exposures generally 
present lower credit risk relative to exposures to commercial real 
estate dependent on cash flows

[[Page 14973]]

generated by the real estate, or other types of corporate exposures 
where real estate collateral is not present, the risk profile of the 
obligor impacts the applicable risk weight to appropriately reflect the 
credit quality of the obligor in addition to the real estate 
collateral. Therefore, the applicable risk weights in Table 4 for 
regulatory commercial real estate exposures not dependent on cash flows 
generated by the real estate reflect both the LTV ratio and the risk 
profile of the obligor. In contrast, because the risks of commercial 
real estate exposures dependent on cash flows generated by the real 
estate are more dependent on the property, the risk weights in Table 5 
reflect only the LTV ratio as a risk driver and generally are higher 
relative to Table 4.
vii. ADC Exposures That Are Not HVCRE Exposures
    Under the proposal, the agencies would define an ADC exposure as an 
exposure secured by real estate for the purpose of acquiring, 
developing, or constructing residential or commercial real estate 
properties, as well as all land development loans, and all other land 
loans. Some ADC exposures meet the definition of HVCRE exposure in 
Sec.  __.2 of the capital rule and would be assigned a 150 percent risk 
weight.\112\ Real estate exposures that meet the definition of ADC 
exposure but do not meet the definition of HVCRE exposure and are not 
90 days past due or in nonaccrual would be assigned a 100 percent risk 
weight under the proposal. The proposed regulatory treatment for ADC 
exposures would not take into consideration cash flow dependency or the 
LTV ratio. ADC exposures are mostly short-term or bridge loans to cover 
construction or development, or lease up or sales phases of a real 
estate project, rather than amortizing permanent loans for completed 
residential or commercial real estate. ADC exposures have heightened 
risk compared to permanent commercial real estate exposures, reflecting 
uncertainty for unforeseen issues with construction or market 
conditions, compared to the expected cash flow on a fully leased and 
constructed commercial property. The proposal would be consistent with 
the current standardized approach, as ADC exposures are generally 
subject to a risk weight of 100 percent or more under the current 
standardized approach.\113\
---------------------------------------------------------------------------

    \112\ Section 214 of the Economic Growth, Regulatory Relief, and 
Consumer Protection Act (EGRRCPA) imposes certain requirements on 
high volatility commercial real estate acquisition, development, or 
construction loans. Section 214 of Public Law 115-174, 132 Stat. 
1296 (2018); 12 U.S.C. 1831bb.
    \113\ OCC Commercial Real Estate Lending Handbook 2.0, https://www.occ.gov/publications-and-resources/publications/comptrollers-handbook/files/commercial-real-estate-lending/pub-ch-commercial-real-estate.pdf.
---------------------------------------------------------------------------

viii. Other Real Estate Exposures
    The proposal would define other real estate exposures as real 
estate exposures that are not regulatory commercial real estate 
exposures, regulatory residential real estate exposures, ADC exposures, 
or any of the statutory real estate exposures.
    An exposure meeting the proposed definition of other real estate 
exposure poses heightened credit risk as a result of not meeting the 
definitions of regulatory residential and regulatory commercial real 
estate, respectively, and accordingly would be assigned a higher risk 
weight. Specifically, the proposal would require a banking organization 
to assign a 150 percent risk weight to an other real estate exposure, 
unless the exposure is a residential mortgage exposure that is not 
dependent on the cash flows generated by the real estate, which would 
be assigned a 100 percent risk weight.
    For example, a banking organization would assign a 150 percent risk 
weight to real estate exposures that are dependent on the cash flows 
generated by the underlying real estate, such as a rental property, and 
that do not meet the regulatory residential or regulatory commercial 
real estate exposure definitions. Loans for the purpose of acquiring 
real estate and reselling it at higher value that do not qualify as ADC 
loans and do not meet the definition of regulatory residential real 
estate exposures would be assigned a 150 percent risk weight as other 
real estate exposures. The proposed 150 percent risk weight also would 
provide a regulatory capital incentive for banking organizations to 
originate real estate exposures in accordance with the prudential 
qualification requirements for regulatory residential and commercial 
real estate exposures, respectively.
    The 100 percent risk weight would apply to other real estate 
exposures that are a residential mortgage exposure that is not 
dependent on the cash flows generated by the real estate, which could 
include junior lien home equity lines of credit (where the banking 
organization does not also hold the first lien) and other second 
mortgages, as these exposures reflect heightened credit risk compared 
to first-lien exposures because the banking organization would receive 
repayment only after more senior creditors in the instance of the 
obligor defaulting. In addition, if a banking organization does not 
adequately evaluate the creditworthiness of an obligor for an owner-
occupied residential mortgage exposure, or if the obligor has 
inadequate creditworthiness or capacity to repay the loan, the exposure 
would not be considered prudently underwritten and would be assigned a 
100 percent risk weight instead of the lower risk weights included in 
Table 2 for regulatory residential mortgage exposures not dependent on 
the cash flows generated by the real estate.
d. Retail Exposures
    The proposal would increase the credit risk sensitivity of the 
capital requirements applicable to retail exposures by assigning risk 
weights that would vary depending on product type and the degree of 
portfolio diversification. The proposal would introduce a new 
definition of retail exposure, which would be defined as an exposure 
that is not a real estate exposure, and is an exposure to a natural 
person or persons or an exposure to a small or medium-sized entity 
(SME) \114\ that meets the proposed definition of a regulatory retail 
exposure described below. Including an exposure to an SME in the 
definition of a retail exposure recognizes that many small companies 
have characteristics more similar to those of a natural person than of 
a larger corporation with respect to financial resources and the time 
horizon under which it operates. The proposed definition of a retail 
exposure would be narrower in scope than the current capital rule's 
existing definition of a retail exposure under the advanced approaches, 
which includes a broader range of exposures, including residential real 
estate-related exposures. Because the proposal would include separate 
risk-weight treatments for real estate exposures that account for the 
underlying collateral, the proposed definition of a retail exposure 
would not include real estate exposures.
---------------------------------------------------------------------------

    \114\ Under the proposal, an SME would mean an entity in which 
the reported annual revenues or sales for the consolidated group of 
which the entity is a part are less than or equal to $50 million for 
the most recent fiscal year. This scope is generally consistent with 
the definition of an SME under the Basel standards and also 
corresponds with the maximum receipts-based size standard for small 
businesses set by the Small Business Administration, which varies by 
industry and does not exceed $47 million per year. See 13 CFR part 
121.
---------------------------------------------------------------------------

    The proposal would differentiate the risk-weight treatment for 
retail exposures based on whether the exposure (1) qualifies as a 
regulatory

[[Page 14974]]

retail exposure, (2) further qualifies as a transactor exposure; or (3) 
does not qualify for either of the previous categories and therefore is 
treated as an other retail exposure. The proposed risk weights assigned 
to retail exposures consider characteristics such as payment history 
and exposure size the latter of which is individually generally small 
in dollar-per-loan volume for exposures captured within the scope of 
the proposal's retail exposure definition. The proposed definitions of 
a regulatory retail exposure and a transactor exposure outlined below 
include key criteria for broadly categorizing the relative credit risk 
of retail exposures.
    To qualify as a regulatory retail exposure, the proposal would 
require an exposure to be in the form of any of the following credit 
products: a revolving credit or line of credit (such as a credit card, 
charge card, or overdraft) or a term loan or lease (such as an 
installment loan, auto loan or lease, or student or educational loan). 
In addition, under the proposal, the amount of retail exposures to a 
single obligor and its affiliates that a banking organization could 
treat as regulatory retail exposures would be limited. Specifically, 
the regulatory retail exposure category would exclude any retail 
exposure to a single obligor and its affiliates that, in the aggregate 
with any other retail exposures to that obligor or its affiliates, 
including both on- and off-balance sheet exposures, exceeds a combined 
total of $1 million (aggregate limit).\115\ Limiting the types of 
products and the dollar amount of exposures to a single obligor that 
would qualify as regulatory retail exposures under the proposal would 
help ensure that the regulatory retail treatment applies only to a set 
of small exposures to a diversified group of obligors. A banking 
organization would include all outstanding and committed but unfunded 
regulatory retail exposures in determining the aggregated total to a 
single obligor and its affiliates.
---------------------------------------------------------------------------

    \115\ The $1 million threshold for a retail exposure to qualify 
as regulatory retail would be indexed using CPI-W. See section II.E. 
of this SUPPLEMENTARY INFORMATION. For an off-balance sheet 
exposure, the full notional amount of the exposure would apply 
towards the $1 million threshold. If a retail exposure to a single 
obligor and its affiliates does exceed the $1 million threshold, 
then none of the exposures to that obligor would qualify as 
regulatory retail exposures.
---------------------------------------------------------------------------

    Under the proposal, if an exposure to an SME does not meet the 
eligible product criterion and the aggregate limit criterion described 
above, then none of the exposures to that SME would qualify as retail 
exposures and all the exposures to that SME would be treated as 
corporate exposures.
    The proposal would define a transactor exposure as a regulatory 
retail exposure that is a credit facility where the balance has been 
repaid in full at each scheduled repayment date for the previous twelve 
months or an overdraft facility where there has been no drawdown over 
the previous twelve months. If a single obligor had both a credit 
facility and an overdraft facility from the same banking organization, 
the banking organization would separately evaluate each facility to 
determine whether it meets the definition of a transactor exposure. An 
exposure would not be a transactor exposure if the credit facility has 
a balance or the facility includes installment payments, even if the 
obligor was not required to make a payment, including when the credit 
facility had a promotional offer such as a zero percent interest.
    Under the proposal, a banking organization would assign a risk 
weight of 45 percent to a regulatory retail exposure that is a 
transactor exposure and a 75 percent risk to a regulatory retail 
exposure that is not a transactor exposure. All other retail exposures 
would be assigned a 100 percent risk weight. The proposed relatively 
low 45 percent risk weight for a transactor exposure is appropriate 
because such obligors have a demonstrated history of full and timely 
repayment. A regulatory retail exposure that is not a transactor 
exposure warrants the proposed 75 percent risk weight, which would be 
lower than the proposed 100 percent risk weight for all other retail 
exposures, due to mitigating factors related to size or concentration 
risk. Any retail exposure that would not qualify as a regulatory retail 
or a transactor exposure warrants a risk weight of 100 percent. The 
proposed retail categories, risk weights, and risk indicators are 
largely consistent with the Basel standards.
    Question 24: What, if any, additional criteria or alternatives 
should the agencies consider to help ensure that the regulatory retail 
treatment is limited to a group of diversified retail obligors? What 
alternative thresholds or calibrations should the agencies consider for 
purposes of retail exposures? Please provide supporting data in your 
response.
    Question 25: What, if any, changes to the methodology for the 
aggregate limit calculation should the agencies consider? What are the 
pros and cons of treating the amount of retail exposures to a single 
obligor, when aggregated, below $1 million as regulatory retail 
exposures, while the amount of exposures above $1 million to the same 
obligor in aggregate would be treated as other retail exposures? The 
agencies seek comment on whether there is a differentiation of risk to 
the same obligor for exposures above and below the aggregate limit.
e. Corporate Exposures
    A corporate exposure under the proposal would be an exposure to a 
company that does not fall under any other exposure category under the 
proposal. This scope would be consistent with the definition found in 
Sec.  __.2 of the current capital rule. For example, an exposure to a 
company that also meets the proposed definition of a real estate 
exposure would be a real estate exposure rather than a corporate 
exposure for purposes of the proposal.
    As described in more detail below, the proposal would differentiate 
the risk weights of corporate exposures based on credit risk by 
considering such factors as the general creditworthiness of the 
obligor; each exposure's level of subordination and the expected source 
of repayment.\116\ First, a banking organization would be permitted to 
assign a 65 percent risk weight to a corporate exposure that is an 
exposure to a company that is investment grade based on the banking 
organization's internal ratings system, subject to the criteria 
outlined further below. Second, consistent with the current 
standardized approach, a banking organization would assign risk weights 
of 2 percent or 4 percent to certain exposures to a qualifying central 
counterparty.\117\ Third, a banking organization would assign a 100 
percent risk weight to a project finance exposure that is in the 
operational phase; otherwise, such an exposure would receive a 130 
percent risk weight.
---------------------------------------------------------------------------

    \116\ The proposal would require banking organizations to apply 
a 150 percent risk weight to corporate exposures that are either 
subordinated exposures, as described in section IV.A.2.f. of this 
SUPPLEMENTARY INFORMATION, or covered debt instruments that are not 
deducted. See the Federal Reserve Board's rule on ``Total Loss-
Absorbing Capacity, Long-Term Debt, and Clean Holding Company 
Requirements for Systemically Important U.S. Bank Holding Companies 
and Intermediate Holding Companies of Systemically Important Foreign 
Banking Organizations'' 12 CFR part 252.
    \117\ See 12 CFR 3.32(f)(2) and (3) (OCC); 12 CFR 217.32(f)(2) 
and (3) (Board); 12 CFR 324.32(f)(2) and (3) (FDIC).
---------------------------------------------------------------------------

    Fourth, a banking organization would assign a 100 percent risk 
weight to a corporate exposure that is for the purpose of acquiring or 
financing equipment or physical commodities where repayment of the 
exposure is dependent on the physical assets being financed or 
acquired. This would include exposures that finance income-producing 
assets or projects that engage in non-real estate activities where the

[[Page 14975]]

obligor entity itself has no independent capacity to repay the loan.
    Finally, a banking organization would assign a 100 percent risk 
weight to all other corporate exposures. Assigning a 100 percent risk 
weight to all other corporate exposures broadly reflects the relative 
risk of such corporate exposures, as exposures not deemed investment 
grade generally pose greater credit risk than that of investment grade 
corporate exposures.
i. Investment Grade Companies
    Under the proposal, a banking organization would be permitted to 
assign a 65 percent risk weight to a corporate exposure that is not a 
subordinated exposure and is an exposure to a company that the banking 
organization, using one or more internal credit risk rating systems 
that meet certain requirements, determines is investment grade, as that 
term is defined in Sec.  __.2 of the capital rule. The definition of 
investment grade, which would remain unchanged under the proposal, 
requires that the entity has adequate capacity to meet its financial 
commitments for the projected life of the asset or exposure.\118\ The 
rule further provides that an entity has adequate capacity to meet 
financial commitments if the risk of its default is low and the full 
and timely repayment of principal and interest is expected. Thus, the 
investment grade classification is intended to apply to companies of 
high credit quality.\119\
---------------------------------------------------------------------------

    \118\ See 12 CFR 3.2 (definition of investment grade) (OCC); 12 
CFR 217.2 (definition of investment grade) (Board); 12 CFR 324.2 
(definition of investment grade) (FDIC).
    \119\ The use of the investment grade definition in the current 
capital rule was expanded in 2013 as part of a set of alternatives 
to external credit ratings for calculating risk-weighted assets for 
certain exposures, to implement section 939A of the Dodd Frank Act. 
These alternative creditworthiness standards were designed to be 
consistent with safety and soundness while also exhibiting risk 
sensitivity similar to external credit rating categories. See 15 
U.S.C. 78o-7 note. Prior to the 2013 capital rule, investment grade 
was used in several areas of the capital rule, including in the 
market risk framework, the treatment of securitization and equity 
exposures, and in the requirements for recognizing certain 
guarantees and collateral in the calculation of risk-weighted 
assets. See Risk-Based Capital Guidelines: Market Risk, 77 FR 53060 
(Aug. 30, 2012) (when the concept was initially introduced). In the 
now-superseded capital rule that contained such references, a long-
term credit rating of BBB- or better and a short-term credit rating 
of A3 or better were provided as examples of credit ratings 
considered to be investment grade. See Risk-Based Capital Standards: 
Advanced Capital Adequacy Framework--Basel II, 72 FR 69288, (Dec. 7, 
2007).
---------------------------------------------------------------------------

    Corporate exposures typically exhibit significant differences in 
default probabilities, loss severities, and correlation with broader 
economic conditions based on many factors including the financial 
strength and stability of the obligor. An investment grade designation 
would provide a mechanism to increase risk sensitivity in the capital 
framework by subdividing corporate exposures by credit risk. Further, 
assigning separate risk weights for corporate exposures to investment 
grade companies and non-investment grade companies would align capital 
requirements more closely with actual risk.
    To help promote the consistency and reliability of a banking 
organization's investment grade determinations for purposes of 
assigning a 65 percent risk weight to a corporate exposure and to 
promote comparability in such determinations across banking 
organizations, the proposal would set forth requirements for any 
internal credit risk rating system used by banking organizations for 
such purposes. Additionally, a banking organization would have to meet 
proposed requirements when validating such systems.
    The proposal would require that the internal credit risk rating 
system that a banking organization would rely upon to make investment 
grade determinations also be used to inform material business or risk 
management decisions, such as those related to accounting, regulatory 
reporting, risk management and measurement, loan loss reserve 
estimation, capital planning, loan pricing, or supporting board of 
directors' decision making. Using existing systems would allow banking 
organizations to leverage existing data on obligors that are used for 
other purposes to support their investment grade determinations under 
the proposal, thus reducing regulatory burden. In addition, given their 
importance in fundamental business processes, such systems are subject 
to internal controls, oversight, and validation processes that help 
ensure their reliability.
    The banking organization would be required to define which obligor 
rating grades within its internal credit risk rating system(s) are 
considered to be investment grade, as that term is defined in Sec.  
__.2 of the capital rule. Because the rating assessment and the 
corresponding determination of investment grade would occur at the 
obligor level, such determinations would not include exposure level 
loss given default factors, such as credit enhancements, transaction 
structure, and collateral.\120\ The proposal would require the internal 
credit risk rating system to assign a rating grade for each obligor in 
an accurate and timely manner, no less frequently than annually and 
whenever the banking organization receives new material information 
regarding the creditworthiness of the obligor. The proposal would also 
require the internal credit risk rating system to incorporate both 
quantitative and qualitative factors relating to the historical and 
projected patterns of payment behaviors, the financial situation and 
performance of each obligor, and any relevant developments that affect 
the investment grade determination. Examples of quantitative risk 
factors fitting these characteristics include, but are not limited to, 
metrics relating to cash flow available to cover debt obligations, 
levels of equity relative to debt, and quantities of liquid assets 
relative to liabilities. Qualitative risk factors could include the 
business model and economic sector of the obligor, the obligor's 
willingness to repay, and market conditions. A banking organization 
would not be permitted to rely solely on third-party assessments of 
credit risk in its rating of obligors for purposes of determining 
investment grade status. The proposal would require a banking 
organization, at least annually, to validate the robustness, 
consistency, and reliability of its internal credit risk rating system, 
using data from at least one full credit cycle and taking care to 
ensure that benign and stressful periods are appropriately represented.
---------------------------------------------------------------------------

    \120\ Under the proposal, credit risk mitigation techniques 
could not be used to support investment grade determinations. See 
section IV.A.5. of this SUPPLEMENTARY INFORMATION for a description 
of how credit risk mitigants, such as guarantees and collateral, can 
reduce the risk-weighted asset amount for certain exposures.
---------------------------------------------------------------------------

    As part of the validation of the internal credit rating system, the 
proposal would require a banking organization to evaluate whether the 
performance of the obligors identified by the internal credit risk 
rating system as investment grade is consistent with the definition of 
investment grade in Sec.  __.2 of the capital rule, including by 
benchmarking the investment grade ratings resulting from the internal 
credit risk rating system with external information relating to the 
creditworthiness of obligors. Such benchmarking may include comparisons 
to external credit ratings of obligors produced by third parties. Using 
external information as part of validating the internal credit risk 
rating system could identify areas for improvement in the system and 
may enhance consistency in investment

[[Page 14976]]

grade determinations across banking organizations.
    Also, as part of the validation, the proposal would require a 
banking organization to assess the reliability, accuracy, completeness, 
timeliness, and appropriateness of the data sources used as part of the 
investment grade determinations. The proposal would require a banking 
organization to incorporate available information that is reasonably 
expected to support a robust evaluation of the internal credit rating 
system, including information regarding the performance of companies 
that have ceased operations or that have been sold to a third party to 
address potential survivorship bias. Properly accounting for obligors 
that are sold to a third party or that cease operations would reduce 
the likelihood of rating grades being skewed.
    The proposal also would require a banking organization to ensure 
that the validation process is independent of the internal credit risk 
system's development, implementation, and operation, or subject the 
validation process to an independent review of its adequacy and 
effectiveness. These requirements around independence would help ensure 
the objectivity, reliability, and integrity of the validation process.
    Consistent with requirements under the current advanced approaches, 
the proposal would require the validation process to incorporate 
default data covering a period of at least five years and include a 
period of stress. If the banking organization has relevant data that 
extends beyond the five-year period, it would be required to 
incorporate that data into the validation process. The banking 
organization also would not be permitted to place undue weight on data 
from periods of favorable or benign economic conditions relative to 
economic downturn conditions. Appropriately reflecting and balancing 
all relevant data over at least five years would help support an 
accurate credit assessment.
    Question 26: The agencies seek comment on the proposed treatment of 
corporate exposures to companies that the banking organization 
determines are investment grade. What, if any, operational challenges 
might the proposed approach pose for banking organizations? How should 
the agencies consider addressing such challenges?
    Question 27: The agencies seek comment on the pros and cons of an 
alternative approach to determining eligibility for the 65 percent risk 
weight that would include requirements that banking organizations 
demonstrate that the obligors meet certain quantitative thresholds 
using commonly defined metrics such as probability of default in order 
to demonstrate if the obligor merits an investment grade rating. What, 
if any, operational challenges or limitations might numerical threshold 
requirements pose for banking organizations in meeting the proposed 
ratings criteria?
    Question 28: What would be the pros and cons of requiring a banking 
organization to receive prior approval of its internal credit risk 
rating system from its primary Federal supervisor before applying the 
preferential 65 percent risk weight compared to evaluation of its 
compliance with the capital rule requirements by its primary Federal 
supervisor during routine supervisory review processes? The agencies 
are seeking feedback on the benefits that a preapproval process may 
provide versus the operational burden imposed by such a process.
ii. Project Finance Exposures
    The proposal would define a project finance exposure as a corporate 
exposure for which the banking organization relies on the revenues 
generated by a single project (typically a large and complex 
installation, such as a power plant, manufacturing plant, 
transportation infrastructure, telecommunications installation, or 
other similar installation), both as the source of repayment and as 
security for the exposure. A project finance exposure could take the 
form of financing the construction of a new installation or a 
refinancing of an existing installation, with or without improvements. 
In addition, a project finance exposure also must: (1) be to an obligor 
entity that was created specifically to finance the project, operate 
the physical assets of the project, or do both, and (2) the borrowing 
entity must only have an immaterial amount of assets, activities, or 
sources of income, apart from revenues from the activities of the 
project being financed. The primary determinant of credit risk for a 
project finance exposure is the variability of the cash flows expected 
to be generated by the project being financed rather than the general 
creditworthiness of the borrowing entity or the market value or sale of 
the project or the real estate on which the project sits.\121\
---------------------------------------------------------------------------

    \121\ Exposures that are guaranteed by the government or 
considered a general obligation or revenue obligation exposure to a 
PSE would not qualify as a project finance exposure.
---------------------------------------------------------------------------

    Under the proposal, a project finance exposure would receive a 130 
percent risk weight during the pre-operational phase and a 100 percent 
risk weight during the operational phase of the project. The proposal 
would define a project finance operational phase exposure as a project 
finance exposure for which the project has a positive net cash flow 
that is sufficient to support the debt service and expenses of the 
project and any other remaining contractual obligations, in accordance 
with the banking organization's applicable loan underwriting criteria 
for permanent financings, and for which the outstanding long-term debt 
of the project is declining. Prior to the operational phase 
classification, the proposal would require a banking organization to 
treat a project finance exposure as being in the pre-operational phase 
and assign a 130 percent risk weight to the exposure. The pre-
operational phase would be the period between the origination of the 
loan and the time at which the banking organization determines that the 
project has entered the operational phase. Relative to the operational 
phase, the pre-operational phase presents increased uncertainty that 
the project will be completed in a timely and cost-effective manner, 
and produce expected revenue, which warrants the application of a 
higher risk weight. For example, market conditions could change 
significantly between commencement and completion of the project. In 
addition, unanticipated supply shortages or other challenges could 
disrupt timely completion of the project and the expected timing of the 
transition to the operational phase. These unanticipated changes could 
impact the ability of the project to generate cash flows as projected 
and to repay creditors.
    Under the proposal, an exposure that is considered to be secured by 
collateral in the form of real estate \122\ where the banking 
organization relies on real estate collateral to grant credit, would 
not be considered a project finance exposure and would be assigned a 
risk weight as described in section IV.A.2.c. of this SUPPLEMENTARY 
INFORMATION.
---------------------------------------------------------------------------

    \122\ Although it is common for the banking organization to take 
a mortgage over the real property and a lien against other assets of 
the project for security and lender control purposes, a project 
finance exposure would not be considered a real estate exposure 
because the banking organization does not rely on real estate 
collateral to grant credit. As noted in section IV.A.2.c of this 
Supplementary Information, for purposes of the proposal, ``secured 
by collateral in the form of real estate'' in the context of the 
proposed real estate exposure definition should be interpreted in a 
manner that is consistent with the current definition for ``a loan 
secured by real estate'' in the Call Report and FR Y-9C 
instructions.

---------------------------------------------------------------------------

[[Page 14977]]

f. Subordinated Exposures
    The proposal would introduce a definition and risk weight treatment 
for subordinated exposures. Subordinated exposures present a greater 
risk of loss to an investing banking organization relative to more 
senior exposures to the same issuer or borrower because subordinated 
exposures have a lower priority of repayment in the event of default. 
The proposed definition of a subordinated exposure would capture 
exposures that are financial instruments, such as debt securities and 
loans, and present heightened credit risk but are not equity exposures, 
as outlined in section IV.C. of this SUPPLEMENTARY INFORMATION. The 
proposal would define a subordinated exposure as a corporate exposure, 
a bank exposure, or an exposure to a GSE, that is subordinated by its 
terms or separate intercreditor agreement to the general creditors of 
the obligor, or an exposure to preferred stock that is not an equity 
exposure. A subordinated exposure would not include a retail exposure 
or a debt security issued by a sovereign, public sector entity, 
multilateral development bank, or supranational entity, or an exposure 
that would be captured under the securitization framework.
    For these purposes, an exposure would be subordinated if the 
documentation creating or evidencing such indebtedness (or a separate 
intercreditor agreement) provides for the issuer's or obligor's general 
creditors to rank senior to the payment of such indebtedness in the 
event the issuer or obligor becomes the subject of a bankruptcy or 
other insolvency proceeding. The scope of the definition of a 
subordinated exposure is meant to capture the types of entities that 
issue subordinated instruments and for which the level of subordination 
is a meaningful determinant of the credit risk of the instrument. The 
definition also captures instances where a banking organization makes 
or purchases a loan that is subordinated to the general creditors of 
the obligor. Limiting the scope of subordinated exposures to those 
junior to general creditors, as proposed, would apply a heightened risk 
weight to only those exposures for which subordination results in a 
heightened credit risk relative to general creditors.
    The proposal would apply a 150 percent risk weight to exposures 
that meet the definition of a subordinated exposure, consistent with 
the Basel standards. Relative to the current standardized approach, the 
proposal provides more risk-sensitive approaches for several exposure 
categories, including bank exposures, corporate exposures, and 
exposures to GSEs, as described above in sections IV.A.2.a.-c. of this 
SUPPLEMENTARY INFORMATION. The relative risk associated with those 
exposures and the applicable risk weights for those exposures are based 
on those exposures being in a senior loss position. Therefore, the 
applicable risk weights for a subordinated exposure should reflect the 
heightened credit risk of such exposures.
    Question 29: The agencies seek comment on the scope of the proposed 
definition of a subordinated exposure. What, if any, operational 
challenges might the proposed definition pose for banking 
organizations, and how should the agencies consider addressing such 
challenges? The agencies seek comment on what, if any, exposures the 
proposed definition would capture that commenters believe would not 
reflect heightened credit risk that merits a heightened risk weight? 
The agencies also seek comment on what, if any, subordinated exposures 
the agencies have excluded from the proposed definition that merit a 
heightened risk weight?
3. Off-Balance Sheet Exposures
    The proposal would better capture the risk of certain off-balance 
sheet exposures relative to the current standardized approach by 
revising the definition of commitment to clarify the off-balance sheet 
exposures that would be subject to risk-based capital requirements, 
modifying the credit conversion factors applicable to commitments, and 
introducing an exposure methodology for commitments without pre-set 
limits.
a. Definition of Commitment
    The current capital rule defines a commitment as any legally 
binding arrangement that obligates a banking organization to extend 
credit or to purchase assets.\123\ Such an arrangement is treated as a 
commitment even when the banking organization has the unilateral right 
to cancel the arrangement at any time. The agencies have received 
questions from banking organizations regarding whether certain types of 
arrangements, such as advised credit lines and uncommitted lines, would 
be commitments even if they are unconditionally cancelable. In 
addition, the agencies have observed an inconsistent application of the 
current definition of commitment. The proposal would revise the 
definition of commitment to clarify that any contractual arrangement 
under which a banking organization and an obligor agree to the terms 
applicable to one or more future extensions of credit, purchases of 
assets, or issuances of credit substitutes by the banking organization 
is a commitment, whether or not the arrangement is unconditionally 
cancelable. Consistent with the current capital rule, an 
unconditionally cancelable commitment would include a commitment that 
permits a banking organization to, at any time, with or without cause, 
refuse to extend credit, purchase assets, or issue credit substitutes 
under the arrangement (to the extent permitted under applicable law). 
Similarly, the proposal clarifies that a contractual arrangement to 
extend credit, purchase assets, or issue credit substitutes, but which 
does not obligate the banking organization to do so, is also considered 
a commitment that is unconditionally cancelable.\124\ This approach 
would promote comparable treatment across banking organizations subject 
to the capital rule.
---------------------------------------------------------------------------

    \123\ See 12 CFR 3.2 (OCC); 12 CFR 217.2 (Board); 12 CFR 324.2 
(FDIC).
    \124\ The proposal would remove the definition of 
``unconditionally cancelable,'' and revise the definition of 
``commitment'' to indicate which commitments are considered 
unconditionally cancelable.
---------------------------------------------------------------------------

    Commitments represent an arrangement where the banking organization 
could expect to purchase assets or to extend credit to an obligor, in 
which case the credit becomes an on-balance sheet asset. The scope of 
the definition is, therefore, not intended to be limited to those 
situations in which the banking organization is obligated to provide 
some amount of credit to an obligor. The agencies do not, however, 
intend for the definition of commitment to include arrangements where a 
banking organization has merely offered potential terms to a potential 
obligor or that continue to be subject to negotiation between the 
parties. For the purpose of the regulatory capital rule, a commitment 
does not and would not include pre-approval letters for residential 
mortgage loans, credit card offers, or other offers that have not yet 
been agreed upon by both parties to the transaction.
    Examples of arrangements that would generally be considered 
commitments under the proposal include fronting commitments, where a 
banking organization agrees to fund the obligations of other members of 
a syndicate of lenders, and commitment letters, where a banking 
organization agrees to provide financing in connection with an 
acquisition or other transaction to be entered into by the

[[Page 14978]]

obligor. The proposal would also include other off-balance sheet 
activities such as advised lines or ``uncommitted'' facilities as 
commitments (even if they are unconditionally cancelable or provide 
that the banking organization is not obligated to perform). For 
example, an arrangement under which a banking organization retains full 
discretion as to whether to extend credit to a potential borrower, but 
under which the banking organization and the potential borrower have 
agreed to the material terms on which such lending would take place if 
the banking organization chose to extend credit, is an unconditionally 
cancelable commitment under the proposal. An unconditionally cancelable 
commitment also includes an arrangement where a banking organization 
provides an initial line of credit with an additional amount that the 
banking organization may extend in the future subject to prior approval 
by the banking organization, with the agreed upon terms of the future 
unconditionally cancelable line.
    Exposures without pre-set limits on the amount of credit that can 
be extended would also be unconditionally cancelable commitments under 
the proposal. With some retail products, such as with charge cards, the 
banking organization does not disclose a pre-set credit limit to its 
obligors. For charge cards, or similar types of off-balance sheet 
exposures, each attempt to borrow by an obligor is individually 
underwritten at the time of purchase and requires the approval of the 
banking organization. Nevertheless, because the banking organization 
and the borrower have agreed to the material terms on which such 
lending would take place, such arrangements meet the definition of 
commitment and, therefore, should be treated as unconditionally 
cancelable commitments for regulatory capital purposes.\125\
---------------------------------------------------------------------------

    \125\ See section IV.A.3.c. of this SUPPLEMENTARY INFORMATION 
for the proposed methodology to determine the exposure amount for 
retail exposures with no pre-set limit.
---------------------------------------------------------------------------

    Question 30: The agencies seek comment on the proposed definition 
of commitment. Does the proposal appropriately capture as off-balance 
sheet exposures arrangements where the banking organization is not 
legally obligated to extend credit, purchase assets, or issue credit 
substitutes but which nonetheless arise out of a contractual 
arrangement to extend credit or purchase assets? To what extent would 
the proposed definition affect a banking organization's business 
practices regarding commitments and similar arrangements, including how 
banking organizations treat such arrangements for regulatory capital 
and reporting purposes? Please provide any rationale or data that may 
be helpful for the agencies to consider.
b. Credit Conversion Factors
    Consistent with the current rule, under the proposed rule a banking 
organization would calculate the exposure amount of an off-balance 
sheet exposure by multiplying the off-balance sheet component, which is 
usually the contractual amount, by the applicable credit conversion 
factor. The resulting exposure amount would then be assigned to the 
relevant risk-weight category for the exposure. The proposed expanded 
risk-based approach would incorporate the same credit conversion 
factors from the current capital rule, except with respect to 
commitments.\126\
---------------------------------------------------------------------------

    \126\ Note issuance facilities and revolving underwriting 
facilities are forms of revolving credit. Notes issued under note 
issuance facilities and revolving underwriting facilities are short-
term instruments issued under a legally binding medium-term 
contractual arrangement. Under a revolving underwriting facility, 
the underwriting banking organization agrees to provide loans should 
the issue fail, but under a note issuance facility the banking 
organization could either lend to the issuer or purchase the 
outstanding notes. Consistent with the current rule and with the 
Basel standards, the proposal would require banking organizations to 
apply a 50 percent credit conversion factor to the off-balance sheet 
amount of note issuance facilities and revolving underwriting 
facilities, regardless of whether a lower credit conversion factor 
would otherwise apply.
---------------------------------------------------------------------------

    Relative to the current standardized approach and consistent with 
the Basel standards, the proposal would simplify the credit conversion 
factors applicable to the unused portion of a commitment that is not 
unconditionally cancelable relative to the current standardized 
approach. For these commitments, the proposal would no longer 
differentiate credit conversion factors by original maturity of one 
year or less and greater than one year.\127\ Under the proposal, a 
commitment that is not unconditionally cancelable would be subject to a 
credit conversion factor of 40 percent regardless of the maturity of 
the facility.\128\ This would remove the one-year mark as a dividing 
line between substantially different treatments, which would remove any 
regulatory incentive to structure transactions around that line. The 40 
percent credit conversion factor would align with international 
standards and reflect that most outstanding commitments that are not 
unconditionally cancelable have a maturity greater than one year.\129\
---------------------------------------------------------------------------

    \127\ Currently, commitments that are not unconditionally 
cancelable with an original maturity of one year or less receive a 
20 percent credit conversion factor and those with an original 
maturity of more than one year receive a 50 percent credit 
conversion factor. 12 CFR 3.33(b)(2) (OCC); 12 CFR 217.33(b)(2) 
(Board); 12 CFR 324.33(b)(2) (FDIC).
    \128\ Under the proposal, a 40 percent CCF would also apply to 
commitments that are not unconditionally cancelable commitments for 
purposes of calculating the total leverage exposure for the 
supplementary leverage ratio framework and for the calculation of 
the Size Category of the FR Y-15 Systemic Risk Report form.
    \129\ The FR Y-9C indicates (see HC-R Part II items 18.a and b) 
that prior to application of the credit conversion factor, as of Q2 
2025, 84 percent of the exposure and 85 percent of the standardized 
risk-weighted assets of Category I and II bank holding companies 
have original maturity exceeding one year.
---------------------------------------------------------------------------

    For the unused portion of a commitment that is unconditionally 
cancelable \130\ by the banking organization, the proposal would 
require a banking organization to apply a credit conversion factor of 
10 percent. Under the current capital rule, unconditionally cancelable 
commitments receive a credit conversion factor of zero percent. 
Although unconditionally cancelable commitments allow banking 
organizations to cancel such commitments at any time without prior 
notice, subject to compliance with consumer protection laws, in 
practice, risk management practices of the banking organization may 
constrain the organization's willingness to cancel such 
commitments.\131\ In addition, banking organizations may extend credit 
or provide funding to support the viability of obligors to which the 
banking organization has significant ongoing exposure, even when 
obligors are under economic stress. For example, banking organizations 
may have incentives to preserve substantial or core customer 
relationships when there is a deterioration in creditworthiness that 
may otherwise, such as for less substantial customer relationships, 
cause the banking organization to cancel a commitment. For these 
reasons, the agencies are proposing nonzero credit conversion factors 
for unconditionally cancelable commitments.
---------------------------------------------------------------------------

    \130\ As discussed in section IV.A.3.a. of this SUPPLEMENTARY 
INFORMATION, the proposal would provide that a commitment is 
unconditionally cancelable if by its terms, it either: (a) provides 
that a banking organization is not obligated to extend credit, 
purchase assets, or issue credit substitutes; or (b) permits a 
banking organization to, at any time, with or without cause, refuse 
to extend credit, purchase assets, or issue credit substitutes under 
the arrangement (to the extent permitted under applicable law).
    \131\ See, e.g., 12 CFR 1002.9 (adverse action notices), 12 CFR 
1026.9(c) (subsequent disclosure requirements for open-end credit), 
and 12 CFR 1026.40(f) (limitations on changes to home equity lines 
of credit).
---------------------------------------------------------------------------

    Under the proposal, certain retail credit card exposures would be 
subject to reduced risk-weights relative to the current standardized 
approach, as

[[Page 14979]]

discussed in section IV.A.2.d. of this SUPPLEMENTARY INFORMATION. 
However, the overall risk-weighted asset amount associated with such 
exposures may be higher relative to the current standardized approach 
due to the increase in the credit conversion factors described 
above.\132\
---------------------------------------------------------------------------

    \132\ For additional considerations of the proposed approach, 
data on credit conversion factors, and on the impact of the proposal 
on credit cards, see the economic analysis presented in section 
VIII.E.1. of this SUPPLEMENTARY INFORMATION.
---------------------------------------------------------------------------

    Question 31: What additional factors, if any, should the agencies 
consider for determining the applicable credit conversion factors for 
commitments?
    Question 32: What other approaches to setting a credit conversion 
factor for unconditionally cancelable commitments should the agencies 
consider and why? To what extent and under what circumstances should an 
obligor's historical usage patterns for unconditionally cancelable 
commitments that are transactor exposures affect the credit conversion 
factor for such exposures? What average utilization rate (for example, 
10 percent) over what time period (for example, 24 months) would 
support a credit conversion factor lower than 10 percent? Please 
include any relevant data.
    Question 33: What are the advantages and disadvantages relative to 
the proposal of using the current treatment for commitments, that are 
not unconditionally cancelable which differentiates credit conversion 
factors based on maturity, and would apply a 20 percent credit 
conversion factor to those commitments with an original maturity of one 
year or less, and a 50 percent credit conversion factor to those with 
an original maturity of more than one year?
    Question 34: What are the advantages and disadvantages of applying 
the proposed 40 percent credit conversion factor for commitments 
regardless of maturity that are not unconditionally cancelable to the 
supplementary leverage ratio framework and to the Size Category of the 
FR Y-15?
c. Commitments With No Pre-Set Limit
    Most off-balance sheet exposures, such as credit card lines, allow 
obligors to borrow up to a specified amount. However, some off-balance 
sheet exposures such as charge cards do not have an explicit 
contractual pre-set credit limit. For commitments that are retail 
exposures that do not have an express contractual maximum amount or 
pre-set limit, the proposal would include an approach to calculate a 
proxy for the committed but undrawn amount of the commitment (undrawn 
exposure amount).
    For commitments that are retail exposures, the undrawn exposure 
amount would be calculated by using the exposure's highest drawn amount 
over the previous 24 months as an indicator of the amount of credit a 
banking organization is likely to extend to an obligor in the future. 
Specifically, under the proposal, a banking organization would first 
identify the largest drawn amount by a retail obligor over the prior 24 
months or, if the banking organization has offered the product to the 
obligor for fewer than 24 months, the largest drawn amount since the 
commitment was first issued. The off-balance sheet exposure amount 
would be calculated by first subtracting the current drawn amount from 
the largest drawn amount and then multiplying this difference by the 
applicable credit conversion factor.\133\ The risk-weighted asset 
amount would be the off-balance sheet exposure amount multiplied by the 
applicable risk weight for the obligor.
---------------------------------------------------------------------------

    \133\ Under the proposal, the methodology for calculating the 
undrawn exposures amount for retail commitments with no explicit 
contractual pre-set limit would also apply for purposes of 
calculating total leverage exposure for the supplementary leverage 
ratio.
---------------------------------------------------------------------------

    A substantial share of uncapped commitments are in the form of 
retail charge cards, and these exposures have characteristics that 
suggest the highest drawn balance method described above is a 
reasonable proxy to estimate the undrawn exposure amount. A charge card 
does not have a pre-set credit limit, its balance is generally required 
to be paid in full at the end of each statement period, and charge card 
transactions are generally underwritten separately and reviewed by the 
issuing banking organization for approval or denial. Therefore, a 
charge card obligor's spending pattern, which reflects a banking 
organization's approval of the charge card obligor's usage, is 
indicative of the off-balance sheet exposure amount for a retail charge 
card.
    As an example of the proposed treatment, assume a retail obligor's 
charge card had a maximum drawn amount of $4,000 during the period of 
the prior 24 months and a current drawn amount of $3,000.\134\ To 
determine the off-balance sheet exposure amount of the charge card, a 
banking organization would (1) identify the maximum drawn amount over 
the prior 24 months ($4,000), (2) subtract the applicable drawn amount 
of $3,000 from $4,000 ($1,000), and (3) multiply $1,000 by the 
applicable credit conversion factor (assuming a credit conversion 
factor of 10 percent, $100). For this example, assume the obligor's 
charge card would qualify as a regulatory retail exposure that is a 
transactor exposure. Applying the proposed 45 percent risk weight for 
transactor exposures to the off-balance sheet exposure amount of $100 
would result in a risk-weighted asset amount of $45, which would apply 
in addition to the risk-weighted asset amount of $1,350 for the on-
balance sheet exposure (the drawn amount of $3,000).
---------------------------------------------------------------------------

    \134\ The maximum balance would reflect the highest drawn amount 
on any date during the previous 24 months for the retail account 
with no pre-set limit over the period.
---------------------------------------------------------------------------

    Question 35: What are the advantages and disadvantages of the 
proposed treatment for commitments to retail obligors with no express 
contractual maximum amount or pre-set limit? What other time period or 
approach should the agencies consider for calculating the highest drawn 
amount (for example, using month-end balance or statement balances), 
and why?
    Question 36: What would be the advantages and disadvantages of 
applying a multiplier to the highest drawn amount to calculate the off-
balance sheet exposure amount (for example, multiplying the highest 
drawn balance by a figure between 1.5 and 3) to calculate the off-
balance sheet exposure amount? \135\ If applied, how should such 
multiplier be calibrated? What data should the agencies use to 
calibrate such a multiplier?
---------------------------------------------------------------------------

    \135\ If a multiplier of two were applied to the maximum drawn 
amount over the prior 24 months, under the example presented above, 
the off-balance sheet exposure amount would equal $5,000, which 
corresponds to $4,000 times two minus $3,000. The other steps of the 
process would remain unchanged and would result in a risk-weight 
asset amount of $225 for the off-balance sheet exposure.
---------------------------------------------------------------------------

    Question 37: The agencies seek feedback on commitments that contain 
no express contractual maximum amount but also contain features such as 
a ``pay over time'' limit, which allows a borrower to carry a balance 
with interest on certain charges. What would be the advantages and 
disadvantages of incorporating the ``pay over time'' limit as a floor 
when calculating the highest drawn amount under the proposal? For 
example, assume the maximum drawn amount over the prior 24 months is 
$4,000 and the ``pay over time'' limit is $5,000. Under this 
alternative, the applicable drawn amount would be subtracted from 
$5,000 instead of $4,000.
    Question 38: The proposal would apply the specific treatment 
described above to commitments to retail obligors with no contractual 
maximum or pre-set

[[Page 14980]]

limit. The agencies seek comment on the appropriate treatment for 
commitments to non-retail obligors with no contractual maximum amount 
or pre-set limit. The agencies request comment on the product types, 
structures, risks, materiality, and loss history of commitments to non-
retail obligors with no contractual maximum amount or pre-set limit. 
Please provide specific product examples and relevant data. What would 
be the advantages and disadvantages of applying the proposed treatment 
for commitments to retail obligors with no pre-set limit to such 
commitments to non-retail obligors? What would be the advantages and 
disadvantages of using the average total drawn amount over the period 
since the commitment to a non-retail obligor was created or the prior 
24 months, whichever period is shorter, for the committed but undrawn 
amount? What would be the advantages and disadvantages of applying a 
multiplier to the highest drawn amount (for example, multiplying the 
highest drawn balance by a figure between 1.5 and 3) to calculate the 
off-balance sheet exposure amount? If applied, how should such 
multiplier be calibrated? What other alternative treatments should the 
agencies consider, and why? Please provide any rationale or data that 
may be helpful for the agencies to consider.
4. Counterparty Credit Risk-Related Exposures
    Under the current capital rule, a covered banking organization is 
required to use the standardized approach to counterparty credit risk 
(SA-CCR) to calculate the exposure amount of derivative contracts. The 
proposal would retain this treatment, with the following modification. 
For noncleared repo-style transactions that are included in a 
qualifying cross-product netting set that includes derivatives, a 
banking organization may elect to use SA-CCR to calculate the exposure 
amount of the netting set. Where a banking organization does not make 
such an election, it would use the collateral haircut approach to 
calculate the exposure amount for a repo-style transaction. Consistent 
with the current capital rule, the proposal would continue to allow 
banking organizations to use either the collateral haircut approach or 
the simple approach to calculate the exposure amount for eligible 
margin loans and repo-style transactions, provided that the banking 
organization uses the same approach for similar exposures or 
transactions.
a. Collateral Haircut Approach
    Under the proposal, as under the current capital rule, a banking 
organization would be permitted to recognize the credit risk-mitigation 
benefits of collateral supporting repo-style transactions, eligible 
margin loans, and netting sets of such transactions by adjusting its 
exposure amount to its counterparty to recognize financial collateral 
received and any collateral posted to the counterparty. The expanded 
risk-based approach would incorporate the collateral haircut approach 
in the current standardized approach with some modifications that are 
generally consistent with the Basel standards. The collateral haircut 
approach would continue to require a banking organization to adjust the 
fair value of the collateral received and posted to account for any 
potential market price volatility in the value of the collateral during 
the margin period of risk, as well as to address any currency mismatch. 
To increase the risk-sensitivity of the collateral haircut approach, 
the proposal would modify certain of the standard market price 
volatility haircuts. At the same time, to reduce unwarranted divergence 
in risk-weighted assets, the proposal would no longer allow a banking 
organization to use its own internal estimates for calculating 
haircuts.
i. Formula for Determining Exposure Amount
    The proposal would introduce a new formula for calculating the 
exposure amount of eligible margin loans, repo-style transactions, or 
netting sets thereof. The proposed exposure amount equation is revised 
from the current formula to improve the recognition of the risk-
mitigating benefits of netting and portfolio diversification. The 
proposed formula would revert to the current collateral haircut 
approach formula in cases where there are no variables to populate the 
second and the third components as described below. The modification 
would increase the risk sensitivity of the capital requirement for such 
transactions relative to the current collateral haircut approach. Under 
the proposal, the exposure amount (E*) of a netting set of eligible 
margin loans or repo-style transactions or an individual transaction 
that is not part of a netting set would be determined according to the 
following formula:
[GRAPHIC] [TIFF OMITTED] TP27MR26.065

Where:

 E* is the exposure amount of the eligible margin loan, 
repo-style transaction, or netting set after credit risk mitigation.
 Ei is the current fair value of the instrument, cash, or 
gold the banking organization has lent, sold subject to repurchase, 
or posted as collateral to the counterparty.
 Ci is the current fair value of the instrument, cash, or 
gold the banking organization has borrowed, purchased subject to 
resale, or taken as collateral from the counterparty.
 netexposure = [verbar][Sigma]s Es Hs[verbar]
 grossexposure = [sum]s Es [verbar]Hs[verbar]
 Es is the absolute value of the net position in a given 
instrument or in gold (where the net position in a given instrument 
or gold equals the sum of the current fair values of the instrument 
or gold the banking organization has lent, sold subject to 
repurchase, or posted as collateral to the counterparty, minus the 
sum of the current fair values of that same instrument or gold the 
banking organization has borrowed, purchased subject to resale, or 
taken as collateral from the counterparty).
 Hs is the haircut appropriate to Es as described in Table 1 
to Sec.  __.115, as applicable. Hs has a positive sign if the 
instrument or gold is net lent, sold subject to repurchase, or 
posted as collateral to the counterparty; Hs has a negative sign if 
the instrument or gold is net borrowed, purchased subject to

[[Page 14981]]

resale, or taken as collateral from the counterparty.
 N is the number of instruments with a unique Committee on 
Uniform Securities Identification Procedures (CUSIP) designation or 
foreign equivalent, with certain exceptions. N includes any 
instrument with a unique CUSIP that the banking organization lends, 
sells subject to repurchase, or posts as collateral, as well as any 
instrument with a unique CUSIP that the banking organization 
borrows, purchases subject to resale, or takes as collateral. 
However, N would not include collateral instruments that the banking 
organization is not permitted to include within the credit risk 
mitigation framework (such as nonfinancial collateral that is not 
part of a repo-style transaction included in the banking 
organization's market risk weighted assets) or elects not to include 
within the credit risk mitigation framework. The number of 
instruments for N would also not include any instrument (or gold) 
for which the value Es is less than one-tenth of the value of the 
largest Es in the netting set. Any amount of gold would be given a 
value of one.
 Efx is the absolute value of the net position in each 
currency fx different from the settlement currency.
 Hfx is the haircut appropriate for currency mismatch of 
currency fx.

    The first component in the above formula ([Sigma]i Ei-[Sigma]i Ci) 
would capture the baseline exposure of eligible margin loans, repo-
style transactions, or netting sets thereof, after accounting for the 
value of any collateral received. The second (0.4 x 
netexposure) and third (0.6 x (grossexposure/
[verbar]N)) components in the above formula would allow for the partial 
recognition of the netting and diversification benefit of instruments 
exchanged between a banking organization and a given counterparty 
within a netting set. The net exposure component partially recognizes 
the offsetting of gross exposures between a given instrument that is 
both lent and received as collateral within a netting set. 
Additionally, because the contribution from the gross exposure 
component to the exposure amount would decrease proportionally with an 
increase in the number of unique instruments by CUSIP designations or 
foreign equivalent, the gross exposure component would capture the 
impact of diversification in the types of instruments lent or received. 
The fourth component ([Sigma]fx(Efx x Hfx)) would capture any 
adjustment to reflect currency mismatch, if applicable.
    When determining the market price volatility and currency mismatch 
haircuts, the banking organization would use the market price 
volatility haircuts described in the following section and a standard 8 
percent currency mismatch haircut, subject to certain adjustments.
    Question 39: What are the pros and cons of basing N for purposes of 
the collateral haircut approach on the number of unique CUSIPs in a 
netting set? What alternatives should the agencies consider and how 
would such alternatives align with the goal of identifying the number 
of instruments for purposes of measuring diversification in the pool?
ii. Market Price Volatility Haircuts
    Under the proposal, a banking organization would apply the market 
price volatility haircut appropriate for the type of collateral, as 
provided in Table 1 to Sec.  __.115 below, when calculating the 
exposure amount for repo-style transactions, eligible margin loans, and 
netting sets thereof using the collateral haircut approach and in the 
calculation of the net independent collateral amount and the variation 
margin amount for collateralized derivative transactions using SA-CCR. 
Consistent with the current capital rule, the proposal would require 
banking organizations to apply an 8 percent supervisory haircut, 
subject to adjustments, to the absolute value of the net position in 
each currency that is different from the settlement currency.
Proposed Table 1 to Sec.  __.115
---------------------------------------------------------------------------

    \136\ Includes a foreign PSE that receives a zero percent risk 
weight.
    \137\ Includes senior securitization exposures with a risk 
weight greater than or equal to 100 percent and sovereign exposures 
with a risk weight greater than 100 percent.

---------------------------------------------------------------------------

[[Page 14982]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.066

    The proposed haircuts would strike a balance between simplicity and 
risk sensitivity relative to the supervisory haircuts in the current 
capital rule by introducing additional granularity with respect to 
residual maturity, which is a meaningful driver for distinguishing 
between the market price volatility of different instruments, and by 
streamlining other aspects of the collateral haircut approach where the 
exposure's risk weight figures less

[[Page 14983]]

prominently in the instrument's market price volatility, as described 
below.
    The proposal would apply haircuts primarily based on residual 
maturity, rather than a combination of residual maturity and underlying 
risk weight as under the current capital rule, for non-sovereign 
investment grade debt securities. These haircuts are derived from 
observed stress volatilities during 10-business day periods during the 
2008 financial crisis. Debt securities with longer maturities are 
subject to higher price volatility from changes in both interest rates 
and the creditworthiness of the issuer.
    Because securitization exposures tend to be more volatile than 
corporate debt, the proposal would provide a distinct category of 
market price volatility haircuts for certain securitization exposures 
consistent with the current capital rule. The proposal would 
distinguish between non-senior and senior securitization exposures to 
enhance risk sensitivity. Because senior securitization exposures 
absorb losses only after more junior securitization exposures, these 
exposures have an added layer of security and distinct market price 
volatility. Therefore, the proposal would only specify term-based 
haircuts for investment grade senior securitization exposures that 
receive a risk weight of less than 100 percent under the securitization 
framework. Other securitization exposures would receive the 30 percent 
market price volatility haircut applicable to ``other'' exposure types.
    The proposal would require a banking organization to apply market 
price volatility haircuts of 20 percent for main index equities 
(including convertible bonds) and gold, 30 percent for other publicly 
traded equities and convertible bonds, and 30 percent for other 
exposure types. Equities in a main index typically are more liquid than 
those that are not included in a main index, in part because investors 
may seek to replicate the index by purchasing the referenced equities 
or engaging in derivative transactions involving the index or equities 
within the index. The lower haircuts for equities included in a main 
index under the proposal would reflect the higher liquidity of those 
securities compared to other publicly traded equities or exposure 
types, which would generally help to reduce losses to banking 
organizations when liquidating those securities during stress 
conditions.
    For collateral in the form of mutual fund shares, the proposal 
would be consistent with the current collateral haircut approach in 
which a banking organization would apply the highest haircut applicable 
to any security in which the fund can invest. Under the proposal, a 
banking organization could treat exchange traded fund (ETF) shares in 
the same manner as mutual fund shares and apply haircuts based on the 
underlying instruments in the fund. Given that ETFs (like mutual funds) 
benefit from diversification and tend to have lower levels of price 
volatility compared to non-pooled investment vehicles, a look-through 
approach is more risk sensitive than applying the publicly traded 
equities haircut for ETF shares. The proposal also would include an 
alternative method available to a banking organization if the mutual 
fund or ETF qualifies for the full look-through approach described in 
section IV.C. of this SUPPLEMENTARY INFORMATION. This alternative 
method would provide a more risk-sensitive calculation of the haircut 
on fund shares collateral by using the weighted average of haircuts 
applicable to the instruments held by the fund.\138\
---------------------------------------------------------------------------

    \138\ If the mutual fund qualifies for the full look-through 
approach under the proposed equity framework, as described in 
section IV.C. of this SUPPLEMENTARY INFORMATION, but would be 
treated as a market risk covered position as described in section 
V.A.4. of this SUPPLEMENTARY INFORMATION if the banking organization 
held the mutual fund directly, the banking organization is permitted 
to apply the alternative method to calculate the haircut.
---------------------------------------------------------------------------

    In addition, consistent with the Basel standards, the proposal 
would require a banking organization to apply a market price volatility 
haircut of 30 percent to address the potential market price volatility 
for any instruments that the banking organization has lent, sold 
subject to repurchase, or posted as collateral that is not of a type 
otherwise specified in Table 1 to Sec.  __.115.
b. Standardized Approach to Counterparty Credit Risk
    The agencies incorporated SA-CCR for calculating the exposure 
amount of derivative contracts into the capital rule in 2020.\139\ This 
change required advanced approaches banking organizations to use SA-CCR 
instead of the current exposure methodology when calculating 
standardized total risk-weighted assets and total leverage exposure. 
Similarly, the proposal would require a covered banking organization to 
use SA-CCR to determine the exposure amount for derivatives under the 
expanded risk-based approach and the supplementary leverage ratio.\140\ 
The proposal would also revise SA-CCR in certain ways to better reflect 
risks associated with evolving market practices. Specifically, for 
risk-based capital purposes, the proposal would revise SA-CCR to 
recognize qualifying cross-product master netting agreements for non-
cleared transactions and incorporate certain non-cleared (such as 
client-facing) repo-style transactions. Additionally, the proposal 
would revise SA-CCR to permit the netting of collateralized-to-market 
and settled-to-market client-facing derivative transactions. The 
agencies are also proposing technical revisions to assist banking 
organizations in implementing SA-CCR in a consistent manner and more 
appropriately reflect the counterparty credit risk posed by derivative 
transactions.
---------------------------------------------------------------------------

    \139\ 85 FR 4362 (Jan. 24, 2020).
    \140\ 12 CFR 3.10(c)(2)(ii)-(iii), 12 CFR 3.34(a) (OCC); 12 CFR 
217.10(c)(2)(ii)-(iii), 12 CFR 217.34(a) (Board); 12 CFR 
324.10(c)(2)(ii)-(iii), 12 CFR 324.34(a)(a) (FDIC).
---------------------------------------------------------------------------

    Question 40: Consistent with the current rule, the proposal would 
require a banking organization to multiply the sum of the replacement 
cost of a netting set, calculated as stipulated by the SA-CCR 
framework, and the potential future exposure of a netting set by a 
factor of 1.4 if the relevant counterparty is not a commercial end-
user, versus a factor of 1.0 if the counterparty is a commercial end-
user. Currently, the SA-CCR framework of the capital rule requires 
banking organizations to identify whether counterparties are commercial 
end-users. What would be the advantages or disadvantages of allowing 
banking organizations to apply the higher factor of 1.4 for all 
derivative transactions, rather than having to distinguish based on 
whether the counterparty qualifies as a commercial end-user? Please 
provide any rationale or data that may be helpful for the agencies to 
consider.
    Question 41: For purposes of the supplementary leverage ratio, the 
proposal would not modify SA-CCR to recognize qualifying cross-product 
master netting agreements for non-cleared transactions or to 
incorporate certain non-cleared (including client-facing) repo-style 
transactions, given that it is meant to serve as a non-risk-based 
measure. What are the advantages and disadvantages of modifying the 
supplementary leverage ratio to recognize such cross-product netting? 
If the agencies were to consider such recognition, what if any 
adjustments to the measure should be considered to align with the 
supplementary leverage ratio's non-risk-based nature and why?

[[Page 14984]]

i. Amend SA-CCR To Recognize the Netting of Non-Cleared Repo-Style 
Transactions and Derivative Transactions
    A netting set refers to a group of transactions between a banking 
organization and a single counterparty governed by a qualifying master 
netting agreement. Qualifying master netting agreements create a single 
net legal obligation for all individual transactions covered by the 
agreement and allow for close-out netting upon the event of default. By 
treating all transactions under the agreement as one combined 
obligation, these agreements recognize risk-offsets between 
transactions.
    Cross-product netting is a risk management technique that involves 
the inclusion of multiple types of financial products in one netting 
set. Generally, cross-product netting reduces risk exposure by allowing 
banking organizations to recognize offsets between positive and 
negative exposures across different financial product types and to 
calculate a single net exposure amount for collateral and default 
management. Cross-product netting sets allow the benefits of qualifying 
master netting agreements (such as close-out netting) to apply for a 
broader set of transactions than those included in a single-product 
netting set.\141\ For example, if a banking organization has a $5 
million positive exposure to a counterparty under one swap transaction 
and a $2 million negative exposure to the same counterparty under a 
repo-style transaction, cross-product netting would allow for a net 
exposure of only $3 million to be recognized, rather than two separate 
exposures of $5 million and $2 million. Recognizing the risk-mitigating 
benefits of cross-product netting better aligns capital requirements 
with risk because it allows offsetting risks between products to be 
recognized and capitalized jointly rather than separately.
---------------------------------------------------------------------------

    \141\ Under the proposal, cross-product netting sets would be 
governed by qualifying cross-product master netting agreements as 
described below.
---------------------------------------------------------------------------

    Consolidating exposures across products into a single netting set 
can also simplify risk management processes for banking organizations 
and reduce operational burden. The quantity of netting sets would 
generally be reduced, as banking organizations would be able to net 
transactions with multiple products together. Thus, a banking 
organization's net exposure to a single counterparty typically would be 
lower, reducing counterparty credit risk. Additionally, cross-product 
netting allows banking organizations to improve collateral management 
and expand liquidity efficiency across different product types. Instead 
of calculating collateral requirements and posting collateral for 
transactions of each product type (such as derivative and repo-style 
transactions) separately, cross-product netting allows for collateral 
requirements to be determined on a net basis for all transaction types 
in the same netting set.
    The capital rule currently recognizes cross-product netting in the 
advanced approaches, under which banking organizations can measure 
counterparty credit exposure of a cross-product netting set using the 
internal models methodology (IMM). Since the agencies' are proposing to 
remove the IMM from the capital rule, the proposed revisions to SA-CCR 
to recognize qualifying cross-product master netting agreements and 
incorporate certain repo-style transactions for risk-based capital 
purposes would provide an avenue for banking organizations to recognize 
the benefits of cross-product netting in a standardized, transparent 
manner rather than through a banking organization's internal model. The 
proposed modifications to the exposure amount calculation in SA-CCR 
would recognize the risk-mitigating benefits of cross-product netting 
for banking organizations helping to facilitate market liquidity.
    Recognizing the benefits of cross-product netting in SA-CCR would 
also allow banking organizations to better serve in their role as 
clearing members. Many clients of clearing members do not meet the 
requirements to become a clearing member of a central counterparty. As 
a result, without a clearing member stepping in to act as an 
intermediary, money market funds, pension funds, insurance funds, hedge 
funds, and other clients may not have access to central counterparty 
services and market access more broadly. The proposed revision to 
permit the netting of derivatives and non-cleared repo-style 
transactions would include clearing members' intermediation-related 
transactions, which are typically considered client-facing transactions 
under the capital rule.\142\ Permitting cross-product netting for 
derivative transactions and repo-style transactions in SA-CCR promotes 
smooth market functioning and liquidity and better aligns the risk-
based capital treatment of intermediation-related transactions with 
their economics.
---------------------------------------------------------------------------

    \142\ Client-facing transactions are not considered cleared 
transactions under the capital rule. See 12 CFR 3.2 cleared 
transaction, (2) (OCC); 12 CFR 217.2 cleared transaction, (2) 
(Board); 12 CFR 324.2 cleared transaction, (2) (FDIC).
---------------------------------------------------------------------------

    To incorporate non-cleared repo-style transactions subject to a 
qualifying cross-product master netting agreement in SA-CCR, the 
proposal would treat them as forward derivative transactions with the 
security underlying the repo-style transaction determining the SA-CCR 
asset class.\143\
---------------------------------------------------------------------------

    \143\ Under the current capital rule, a qualifying cross-product 
master netting agreement is generally defined, as a qualifying 
master netting agreement that provides for termination and close-out 
netting rights across multiple types of financial transactions. As a 
type of qualifying master netting agreement, a qualifying cross-
product master netting agreement would be required, among other 
provisions, to create, upon an event of default, a single legal 
obligation for all individual transactions covered by the agreement 
and to provide the banking organization with the right to liquidate 
or set-off any collateral provided in respect of any of the 
transactions covered by the agreement against the net amount owed 
across all the individual transactions. Accordingly, if a banking 
organization's rights upon an event of default to net certain 
transaction types (e.g., derivatives) against other transaction 
types (e.g., repo-style transactions), or to apply collateral 
provided in respect of one type of transaction against amounts owed 
on other types of transactions, were restricted or limited under the 
relevant contractual agreements or applicable law, a banking 
organization would not be permitted recognize cross-product netting.
---------------------------------------------------------------------------

    The agencies are proposing to include a restriction on the amount 
of offsetting for recognized between derivatives and repo-style 
transactions within SA-CCR to capture the mismatch between maturities 
of repo-style transactions and those of derivative contracts.\144\ In 
addition, for an entire cross-product netting set, banking 
organizations would have to calculate the exposure amount for the 
subset of the cross-product netting set that includes only derivative 
contracts and the exposure amount for the subset of the cross-product 
netting set that includes only repo-style transactions. The exposure 
amount for the entire cross-product netting set

[[Page 14985]]

would be a weighted average of two exposure numbers. One exposure 
amount would be the combined exposure for repo-style transactions and 
derivatives in the cross-product netting set using SA-CCR, weighted by 
a maturity ratio (MR). The other exposure amount would be the sum of 
the exposure amounts of the repo-style transactions in the netting set 
using the collateral haircut approach and the exposure amounts of 
derivatives transactions in the netting set using SA-CCR, weighted by 
(1-MR). MR would be the maturity ratio factor determined by the ratio 
of the notional average weighted maturity of the repo-style 
transactions to the notional average weighted maturity of the 
derivatives contracts or repo-style transactions within the cross-
product netting set, whichever is longer. The maturities calculated 
this way would be floored by 10 business days and capped by 1 year. The 
MR would be capped at 1.
---------------------------------------------------------------------------

    \144\ The SA-CCR framework allows for offsetting positions to 
net for purposes of measuring exposure. In general, such netting can 
occur at a particular moment in time, so no short-term transaction 
can have any impact on exposure at long time horizons. Because of 
this, time averaging for the purposes of exposure calculation should 
be performed after exposure contributions of individual transactions 
are aggregated to the netting set exposure for each future time 
point. However, to simplify calculations, SA-CCR performs time 
averaging for each transaction in the netting set prior to the 
aggregation. This leads to a possibility of short-term transactions 
materially offsetting the risk of long-term transactions. This is 
not a major concern for netting sets of derivatives, which often 
have medium and long-term durations. However, because repo-style 
transactions are primarily short-term (often overnight), applying 
SA-CCR to a cross-product netting set would likely overstate the 
impact of repo-style transactions on the netting set exposure. The 
proposed maturity mismatch restriction on cross-product netting 
would mitigate this overstatement.
---------------------------------------------------------------------------

    Permitting the netting of repo-style transactions and derivative 
transactions subject to qualifying cross-product master netting 
agreements in SA-CCR and the proposed limitation on offsetting 
transactions promotes responsible counterparty credit risk mitigation 
and ensures the capital requirement better reflects such transactions' 
risk profile and economic relationship. Recognizing cross-product 
netting in SA-CCR would create capital efficiency for banking 
organizations, align with banking organizations' risk management 
practices for counterparty credit risk, and promote smooth market 
functioning and liquidity.
    The agencies have proposed to permit the netting of repo-style 
transactions and derivative transactions subject to qualifying master 
netting agreements in SA-CCR, and not to recognize cross product 
netting of eligible margin loans. Although eligible margin loans have 
similarities to repo-style transactions, such as both being 
collateralized by liquid and readily marketable securities, they differ 
from repo-style and derivative transactions in that eligible margin 
loans are not typically included in qualifying master netting 
arrangements. The agencies are seeking input on whether and how cross-
product netting should be recognized for eligible margin loans. The 
proposal also would not permit cross-product netting for cleared 
transactions, as cleared transactions are typically not included in 
netting sets with non-cleared transactions. The agencies are seeking 
feedback on the scope of the proposed recognition of cross-product 
netting, including whether the scope of cross-product netting should be 
expanded to include cleared transactions.
    Question 42: The agencies seek comment on what, if any, challenges 
banking organizations may face in using SA-CCR to determine exposure 
amounts for counterparty credit risk (e.g., whether SA-CCR could 
underestimate or overstate the exposure amount for some portfolios). 
What are the advantages and disadvantages of retaining the IMM for 
counterparty credit risk? If the IMM were retained, what corresponding 
modifications should the agencies make to the current version of the 
IMM to maintain appropriate alignment between SA-CCR and IMM?
    Question 43: What, if any, additional changes should be made to the 
scope of cross-product netting recognition under SA-CCR? For example, 
if the scope of cross-product netting recognition in SA-CCR were 
expanded to eligible margin loans, what would be the advantages and 
disadvantages of this expanded scope? What are the advantages and 
disadvantages of extending cross-product netting recognition in SA-CCR 
to cleared transactions?
    Question 44: Are there any modifications to the operational 
requirements for qualifying cross-product master netting agreements 
that the agencies should consider in connection with the recognition of 
netting of certain repo-style transactions in SA-CCR?
ii. Netting of Collateralized-to-Market (CTM) and Settled-to-Market 
(STM) Client-Facing Derivative Transactions
    Under SA-CCR in the current capital rule, the exposure amount of a 
derivative netting set is calculated as the sum of replacement cost and 
potential future exposure (PFE) multiplied by an alpha factor. While 
the capital rule allows netting of all derivative contracts within a 
netting set in the replacement cost calculations, netting across 
margined and unmargined derivative contracts in the same netting set is 
limited to cleared transactions for purposes of the PFE calculations.
    Settled-to-market derivative contracts are those in which daily 
payments are made to settle the mark-to-market exposure. These payments 
are made on a periodic basis to reflect changes in exposure that arise 
from marking a derivative contract to fair value, and they are similar 
to traditional exchanges of variation margin, except that, in a 
settled-to-market contract, the payment to the receiving party 
extinguishes the amount owed to the receiving party arising from the 
change in fair value and thus effectively settles the outstanding 
amount due on the contract. In contrast, a collateralized-to-market 
derivative contract is a form of derivative transaction for which 
exchanges of variation margin that occur on a periodic (often daily) 
basis collateralize any outstanding payment obligation of a 
counterparty. The counterparties in a collateralized-to-market contract 
secure, but do not settle, mark-to-market exposures as they arise. 
Settled-to-market derivative contracts and collateralized-to-market 
derivative contracts are functionally and economically similar from a 
counterparty credit risk perspective. SA-CCR therefore allows a 
clearing member banking organization to elect, at the netting set 
level, to treat all cleared settled-to-market derivative contracts 
within the netting set as subject to a variation margin agreement and 
receive the benefits of netting with cleared collateralized-to-market 
derivative contracts for the purposes of PFE calculations, provided 
that both sets of contracts share the same margin period of risk.\145\
---------------------------------------------------------------------------

    \145\ 12 CFR 3.132(c)(5)(v) (OCC); 12 CFR 217.132(c)(5)(v) 
(Board); 12 CFR 324.132(c)(5)(v) (FDIC). This would also be 
consistent with comments received under EGRPRA as commenters 
requested allowance of netting of settled-to-market and 
collateralized-to-market.
---------------------------------------------------------------------------

    The exposure of a clearing member to its client when facilitating a 
client's cleared transaction (a client-facing derivative transaction) 
is treated as a non-cleared transaction under the capital rule because 
the clearing member's exposure is to the client, not the central 
counterparty. Because some clearing members enter into client-facing 
derivative transactions in the form of settled-to-market and 
collateralized-to-market transactions, there can be situations where 
both types of derivatives are a part of the same netting set. Because 
client-facing derivative transactions are not cleared transactions, 
banking organizations currently do not have the option to treat client-
facing derivative transactions that are settled-to-market contracts as 
if subject to a variation margin agreement, and clearing member banking 
organizations therefore cannot net client-facing settled-to-market 
derivative contracts and collateralized-to-market derivative contracts 
for purposes of SA-CCR.
    The proposal would amend SA-CCR to allow clearing member banking 
organizations the option to treat client-facing settled-to-market 
derivative contracts as collateralized-to-market (i.e., margined) 
derivative contracts, thus permitting netting between client-facing 
settled-to-market and

[[Page 14986]]

collateralized-to-market contracts for the purposes of PFE 
calculations. This proposed approach would align the netting treatment 
of cleared derivative exposures with the netting treatment of their 
related client-facing derivative exposures, as well as facilitate 
efficient hedging. This proposed revision is also important for cross-
product netting, as certain derivative transactions are settled-to-
market, whereas repo-style transactions are often collateralized-to-
market.
    Question 45: What are the advantages and disadvantages of 
permitting banking organizations to treat bilateral settled-to-market 
derivative transactions as collateralized-to-market derivative 
transactions for purposes of SA-CCR?
iii. Potential Change to the Hypothetical Capital Requirement for QCCP 
Default Fund Contribution Calculation
    Financial market participants are increasingly exploring cross-
margining arrangements, which facilitate the aggregation of positions 
across multiple central counterparties and allow for initial margin to 
be determined on a net basis, with recognition of risk-offsets that 
exist among different positions.\146\ Cross-margining agreements 
generally allow a clearing member to post initial margin to multiple 
central counterparties on a net basis, taking into account offsetting 
positions the clearing member holds with each central counterparty. As 
a result, cross-margining agreements may more accurately reflect the 
economic risk of the transactions associated with each central 
counterparty subject to the relevant cross-margining agreement. 
Although cross-margining has historical precedent, in recent years 
there have been significant developments, refinements, and increased 
adoption of cross-margining practices across the financial industry. 
Cross-margining arrangements may involve netting sets that contain 
multiple products, as central counterparties in the United States 
generally specialize in clearing a single specific product type such as 
repo-style transactions or derivatives.\147\ For example, under a 
cross-margining agreement, a clearing member with an agreement to sell 
a U.S. Treasury security at one QCCP could recognize risk-offsets that 
exist with an interest rate future at a different QCCP in determining 
the margin it posts at each QCCP. Cross-margining agreements also 
generally include policies and procedures for QCCPs participating in 
such agreements to manage the default of a clearing member.
---------------------------------------------------------------------------

    \146\ See https://www.dtcc.com/news/2025/december/15/dtcc-files-to-expand-cme-group-cross-margining-arrangement.
    \147\ See https://investor.cmegroup.com/news-releases/news-release-details/cme-group-and-dtcc-launch-enhanced-treasury-cross-margining.
---------------------------------------------------------------------------

    Central counterparties use default funds, to which clearing members 
contribute, to cover potential losses that may arise if a clearing 
member defaults. Clearing members are generally required to contribute 
to the default funds in proportion to each clearing member's share of 
the central counterparty's transactions, whether in the form of 
bilateral transactions or clearing member client transactions 
guaranteed by the clearing member. The capital rule defines such 
default fund contributions as the funds contributed to, or commitments 
made by a clearing member, to a central counterparty's mutualized loss 
sharing arrangement. Banking organizations that are clearing members 
are required to include in risk-weighted assets an amount representing 
the risk of their default fund contributions. For contributions to 
qualifying central counterparties (QCCPs), the risk-weighted asset 
amount is derived using the hypothetical capital requirement of a 
qualifying central counterparty, Kccp, representing its counterparty 
credit risk exposures to all its clearing members and their clients. 
Kccp incorporates an exposure amount for each transaction cleared by 
the QCCP, reduced by initial margin, variation margin, and funded 
default fund contributions.
    Under the current capital rule, clearing member banking 
organizations are not able to reflect the risk-offsets recognized by 
cross-margining programs in their Kccp calculations. Together with 
lower margin requirements resulting from cross-margining programs, this 
may result in banking organizations being required to hold additional 
capital when engaging in offsetting activities. As cross-margining 
arrangements are increasingly adopted, this potential misalignment 
could become increasingly consequential.
    Without revisions to the default fund contribution framework's Kccp 
formula, clearing member banking organizations would not be able to 
reflect potential risk-reductions recognized by cross-margining 
arrangements in their hypothetical capital requirement calculation. A 
consequence could be that banking organizations may be less likely to 
intermediate transactions as clearing members, which could be 
problematic for money market funds, pension funds, insurance funds, 
hedge funds, and other clients that may not have direct access to 
central counterparty services and market access more broadly.
    The agencies are therefore seeking comment on potential 
modifications to the capital rule's requirements related to default 
fund contributions to recognize cross-margining arrangements among 
QCCPs that meet certain criteria. QCCPs are either regulated and 
supervised as designated financial market utilities, or, if the QCCP is 
located outside of the United States, in a manner equivalent to a 
designated financial market utility. Such supervision and regulations 
can include evaluation of margining practices. Accordingly, the 
agencies are seeking feedback on proposed revisions to the Kccp formula 
described below, if a QCCP's cross-margining arrangements are subject 
to appropriate oversight by the QCCP's primary regulators.
    More specifically, the agencies are requesting comment on the below 
potential approach for calculating the exposure amount for derivatives 
and repo-style transactions that are subject to a valid cross-margining 
agreement for purposes of Kccp. The formula used in this approach would 
allow for the recognition of the risk-mitigating benefits of cross-
margining programs and portfolio diversification relative to the 
current Kccp formula.

KCCPi = [Sigma]j exposureQCCPi,j * 1.6% exposureQCCPi,j = 
exposureNon-XMi,j + Allocation Factori,j * exposureXMi,j

Where:

exposureQCCPi,j represents the exposure amount of QCCPi to each of 
its clearing members j,
exposureNon-XMi,j represents the exposure amount for 
positions not subject to a cross-margining agreement at QCCPi for 
clearing member j,
exposureXMi,j represents the exposure amount for 
positions subject to a cross-margining agreement at QCCPi for 
clearing member j.
Allocation Factori,j is the allocation factor for clearing member j 
at QCCPi which is assigned based on the ratio of gross 
notional positions held at QCCPi divided by the sum of 
all gross notional positions held across all QCCPs subject to the 
cross-margining agreement. This allocation factor must be between 0 
and 1.

    Question 46: What are the advantages and disadvantages of 
recognizing the benefits of cross-margining arrangements, for Kccp 
purposes, under the capital rule?
    Question 47: If the agencies were to permit recognition of 
offsetting positions that are facilitated by cross-margining agreements 
among QCCPs that satisfy certain criteria, what criteria and 
operational requirements should the agencies establish for a qualifying 
cross-margining agreement? For example, should the agencies require 
that a qualifying cross-margining agreement be

[[Page 14987]]

approved by the QCCPs' primary regulator or regulators? Alternatively, 
should the agencies require that banking organizations receive a legal 
opinion verifying the validity and enforceability of the agreement 
under applicable law of the relevant jurisdictions, or that banking 
organizations conduct sufficient legal review, including ongoing due 
diligence, to have a well-founded basis for concluding the agreement 
would be enforceable under applicable law?
    Question 48: What revisions, if any, should the agencies make to 
the cleared transactions framework in consideration of cross-margining 
agreements? What are the advantages and disadvantages of extending 
recognition of cross-margining agreements for default fund contribution 
capital requirements to cleared transaction capital requirements?
    Question 49: What alternatives to the allocation factor described 
in the proposed formula for the hypothetical capital requirement for 
cross-margined portfolios should the agencies consider and why?
iv. Proposed Technical Revisions
I. Treatment of Collateral Held by a Qualifying Central Counterparty 
(QCCP)
    Under the current capital rule, a clearing member banking 
organization using SA-CCR must determine its capital requirement for a 
default fund contribution to a QCCP based on the hypothetical capital 
requirement for the QCCP (KCCP) using SA-CCR.\148\ The 
calculation of KCCP requires calculating the exposure amount of the 
QCCP to each of its clearing members. In the calculation of the 
exposure amount, the capital rule allows the exposure amount of the 
QCCP to each clearing member to be reduced by all collateral held by 
the QCCP posted by the clearing member and by the amount of prefunded 
default fund contributions provided by the clearing member to the QCCP. 
However, this treatment is inconsistent with the calculation of the 
exposure amount for a netting set, because collateral is a component of 
the calculations of both the replacement cost and PFE. It does not make 
sense to reduce that exposure amount further by subtracting collateral 
held by the QCCP.
---------------------------------------------------------------------------

    \148\ See 12 CFR 3.133(d) (OCC); 12 CFR 217.133(d) (Board); 12 
CFR 324.133(d) (FDIC).
---------------------------------------------------------------------------

    The proposal would therefore change how collateral posted to a QCCP 
by clearing members and the amount of clearing members' prefunded 
default fund contributions factor into the calculation of 
KCCP. This treatment would allow for the appropriate 
recognition of collateral in calculating the exposure amount of a QCCP 
to its clearing members and would be consistent with the calculation of 
the exposure amount for a netting set. Specifically, for the purpose of 
calculating the exposure amount of a QCCP to a clearing member, the net 
independent collateral amount that appears in the replacement cost and 
PFE calculations would be replaced by the sum of:
    (1) the fair value amount of the independent collateral posted to a 
QCCP by a clearing member;
    (2) the fair value amount of the independent collateral posted to a 
QCCP by a clearing member on behalf of a client, in connection with 
derivative contracts for which the clearing member has provided a 
guarantee to the QCCP; and
    (3) the amount of the prefunded default fund contribution of the 
clearing member to the QCCP.
    Both the amount of independent collateral and the prefunded default 
fund contribution would be adjusted by the standard market price 
volatility haircuts under Table 1 to Sec.  __.115 of the proposal, as 
applicable.
II. Treatment of Collateral Held in a Bankruptcy-Remote Manner
    Both the standardized approach and the advanced approaches under 
the current capital rule require a banking organization to determine 
the trade exposure amount for cleared derivative transactions.
    When calculating its trade exposure amount for a cleared 
transaction, a banking organization under the current capital rule may 
exclude collateral posted to the CCP that is held in a bankruptcy-
remote manner by the CCP or a custodian. In the SA-CCR framework of the 
capital rule, the agencies inadvertently imposed heightened 
requirements for the exclusion of collateral from the trade exposure 
amount posted by a clearing member banking organizations to a CCP under 
the advanced approaches.\149\ The expanded risk-based approach would 
not include these heightened requirements and would align the 
requirements for the exclusion of collateral from the trade exposure 
amount of banking organizations under the expanded risk-based approach 
with the standardized approach.
---------------------------------------------------------------------------

    \149\ 12 CFR 3.133(c)(4)(i) (OCC); 12 CFR 217.133(c)(4)(i) 
(Board); 12 CFR 324.133(c)(4)(i) (FDIC).
---------------------------------------------------------------------------

III. Supervisory Delta for Collateralized Debt Obligation (CDO) 
Tranches
    Under the capital rule, a banking organization must apply a 
supervisory delta adjustment to account for the sensitivity of a 
derivative contract (scaled to unit size) to the underlying primary 
risk factor, including the correct sign (positive or negative) to 
account for the direction of the derivative contract amount relative to 
the primary risk factor.\150\
---------------------------------------------------------------------------

    \150\ For the supervisory delta adjustment, a banking 
organization applies a positive sign to the derivative contract 
amount if the derivative contract is long the risk factor and a 
negative sign if the derivative contract is short the risk factor. A 
derivative contract is long the primary risk factor if the fair 
value of the instrument increases when the value of the primary risk 
factor increases. A derivative contract is short the primary risk 
factor if the fair value of the instrument decreases when the value 
of the primary risk factor increases.
---------------------------------------------------------------------------

    For a derivative contract that is a CDO tranche, the supervisory 
delta adjustment is calculated using the formula below:
[GRAPHIC] [TIFF OMITTED] TP27MR26.067

where A is the attachment point and D is the detachment point.
    The capital rule applies a positive sign to the resulting amount if 
the banking organization purchased the CDO tranche and applies a 
negative sign if the banking organization sold the CDO tranche. 
However, the appropriate sign to account for the purchase or sale of 
CDO tranches can be ambiguous: purchasing a CDO tranche can be 
interpreted as selling credit protection, while selling a CDO tranche 
can be interpreted as purchasing credit protection. In order to ensure 
the correct sign of the supervisory delta adjustment for CDO tranches 
the proposal would revise the sign specification for the

[[Page 14988]]

supervisory delta adjustment for CDO tranches as follows: positive if 
the CDO tranches were used by the banking organization to purchase 
credit protection and negative if the CDO tranches were used by the 
banking organization to sell credit protection.
IV. Supervisory Delta for Options Contracts
    The supervisory delta adjustment for option contracts in SA-CCR is 
calculated based on the Black-Scholes formulas for delta sensitivity of 
European call and put option contracts. The original Black-Scholes 
formula for a European option contract's delta sensitivity assumes a 
lognormal probability distribution for the value of the instrument or 
risk factor underlying the option contract, thus precluding negative 
values for both the current value of the underlying instrument or risk 
factor and the strike price of the option contract. SA-CCR uses 
modified Black-Scholes formulas that are based on a shifted lognormal 
probability distribution, which allows negative values of the 
underlying instrument or risk factor with the magnitude not exceeding 
the value of a shift parameter [lambda] (lambda). The capital rule sets 
[lambda] to zero (thus precluding negative values) for all asset 
classes except the interest rate asset class, which has exhibited 
negative values in some currencies in recent years. For the interest 
rate asset class, a banking organization must set the value of [lambda] 
for a given currency equal to the greater of (i) the negative of the 
lowest value of the strike prices and the current values of the 
interest rate underlying all interest rate options in a given currency 
that the banking organization has with all counterparties plus 0.1 
percent; and (ii) zero.
    Negative values of the instrument or risk factor underlying an 
option contract can occur in other asset classes as well. For example, 
whenever an option contract references the difference between the 
values of two instruments or risk factors, the underlying spread of 
this option contract can be negative. Such option contracts include 
option contracts on the spread between two commodity prices and on the 
difference in performance across two equity indices. Under the current 
capital rule, banking organizations cannot calculate the supervisory 
delta adjustment for any option contract other than an interest rate 
derivative contract if the strike price or the current value of the 
underlying instrument or risk factor is negative because the capital 
rule only allows a non-zero value for [lambda] for interest rate 
derivative contracts.
    To ensure that a banking organization is able to calculate the 
supervisory delta adjustment for option contracts when the underlying 
instrument or risk factor has a negative value, the proposal would 
extend the use of the shift parameter [lambda] to all asset classes. 
More specifically, for non-interest-rate asset classes, the proposal 
would require a banking organization to use the same value of [lambda] 
for all option contracts that reference the same underlying instrument 
or risk factor. If the value of the underlying instrument or risk 
factor cannot be negative, the value of [lambda] would be set to zero. 
Otherwise, to determine the value of [lambda] for a given risk factor 
or instrument, the proposal would require a banking organization to 
find the lowest value L of the strike price and the current value of 
the underlying instrument or risk factor of all option contracts that 
reference this instrument or risk factor with all counterparties. The 
proposal would require a banking organization to set [lambda] for this 
instrument or risk factor according to the formula [lambda]=max{-
1.1[middot]L,0{time} . The purpose of multiplying negative L by 1.1 
(thus, resulting in -1.1[middot]L) is the same as that for adding 0.1 
percent in the case of interest rate derivative contracts under the 
capital rule: to set the lowest possible value of the underlying 
instrument or risk factor slightly below the lowest observed value. 
Because non-interest-rate instruments and risk factors can have vastly 
different magnitudes and, moreover, be expressed in different units 
(e.g., different currencies), it is challenging to determine a 
universal additive offset value for all values of non-interest-rate 
instruments and risk factors. Because of this, the offset would be 
performed via multiplication for asset classes other than the interest 
rate asset class.
    The proposal would also permit a banking organization, with the 
prior approval of its primary Federal supervisor, to specify a 
different value for [lambda] for purposes of the supervisory delta 
adjustment for option contracts other than interest rate option 
contracts, if a different value for [lambda] would be more appropriate, 
considering the range of values for the instrument or risk factor 
underlying option contracts. A banking organization that specifies a 
different value for [lambda] would be required to assign the same value 
for [lambda] to all option contracts with the same underlying 
instrument or risk factor, as applicable, with all counterparties. This 
proposed provision is intended to permit a banking organization, with 
approval from its primary Federal supervisor, to account for 
unanticipated outcomes in the supervisory delta adjustment of certain 
asset classes while avoiding arbitrage between assets in that class.
    Question 50: What other approaches should the agencies consider to 
calibrate the lambda parameter for non-interest-rate asset classes, 
such as a formula that is different from the proposed formula of 
[lambda]=max{-1.1[middot]L,0{time} , and why? What values besides 1.1, 
if any, should the agencies consider for the value of the multiplier in 
the proposed formula? Why?
V. Decomposition of Credit, Equity, and Commodity Indices
    Under SA-CCR, banking organizations are permitted to decompose 
indices within credit, equity, and commodity asset classes, such that a 
banking organization would treat each component of the index as a 
separate single-name derivative contract.\151\ The capital rule 
requires that if a banking organization elects to decompose indices 
within the credit, equity, and commodity asset classes, the banking 
organization must perform all calculations in determining the exposure 
amount based on the underlying instrument rather than the index. While 
this is possible for linear indices, for non-linear index contracts 
(for example, those with optionality and CDS index tranches) it is not 
mathematically possible to calculate the supervisory delta for an 
underlying component, as the delta associated with the non-linear index 
applies at the instrument level. In recognition of this fact, the 
agencies are clarifying that the option to decompose a non-linear index 
is not available under SA-CCR. Additionally, the agencies are 
clarifying that if electing to decompose a linear index, banking 
organizations must apply the weights used by the index when determining 
the exposure amounts for the underlying instrument.
---------------------------------------------------------------------------

    \151\ See 12 CFR 3.132(c)(5)(vi) (OCC); 12 CFR 217.132(c)(5)(vi) 
(Board); 12 CFR 324.132(c)(5)(vi) (FDIC).
---------------------------------------------------------------------------

5. Credit Risk Mitigation
    The current capital rule permits banking organizations to recognize 
certain types of credit risk mitigants, such as guarantees, credit 
derivatives, and collateral, for risk-based capital purposes provided 
the credit risk mitigants satisfy the qualification standards under the 
rule.\152\ Credit derivatives and guarantees can reduce

[[Page 14989]]

the credit risk of an exposure by placing a legal obligation on a 
third-party protection provider to compensate the banking organization 
for losses associated with a credit event of the original obligor.\153\ 
Similarly, the use of collateral often can reduce the credit risk of an 
exposure by creating the right of a banking organization to take 
ownership of and liquidate the collateral in the event of a default by 
the counterparty. Prudent use of such mitigants can help a banking 
organization reduce the credit risk of an exposure and in some 
circumstances reduce the risk-based capital requirement associated with 
that exposure.
---------------------------------------------------------------------------

    \152\ Consistent with the current capital rule, the proposal 
would not require banking organizations to recognize a credit risk 
mitigant that it has obtained. Credit derivatives that a banking 
organization cannot or chooses not to recognize as a credit risk 
mitigant would be subject to a separate counterparty credit risk 
capital requirement.
    \153\ Credit events are defined in the documents governing the 
credit risk mitigant and often include events such as failure to pay 
principal and interest and entry into insolvency or similar 
proceedings.
---------------------------------------------------------------------------

    Credit risk mitigants recognized for risk-based capital purposes 
must be of sufficiently high quality to effectively reduce credit risk. 
For guarantees and credit derivatives, the current capital rule 
primarily looks to the creditworthiness of the guarantor and the 
features of the underlying contract to determine whether these forms of 
credit risk mitigation may be recognized for risk-based capital 
purposes (eligible guarantee or eligible credit derivative). With 
respect to collateralized transactions, the current capital rule 
primarily looks to the liquidity profile and quality of the collateral 
received (such as the creditworthiness of the issuer of the collateral) 
and the nature of the banking organization's security interest to 
determine whether the collateral qualifies as financial collateral that 
may be recognized for purposes of risk-based capital.\154\
---------------------------------------------------------------------------

    \154\ See 12 CFR 3.2, 217.2, and 324.2 for the definition of 
financial collateral.
---------------------------------------------------------------------------

    The proposal would largely incorporate the treatments for 
collateralized transactions, guarantees, and credit derivatives from 
the current capital rule's standardized approach with enhancements to 
increase risk sensitivity. For eligible guarantees and eligible credit 
derivatives, the proposal would generally retain the substitution 
approach from the standardized approach of the current capital rule 
with two modifications. Specifically, the proposal would modify the 
treatment for eligible credit derivatives that do not include 
restructuring as a credit event and no longer permit the recognition of 
credit protection from nth-to-default credit derivatives.\155\
---------------------------------------------------------------------------

    \155\ See section IV.B.5.b. of this Supplementary Information.
---------------------------------------------------------------------------

    For collateralized transactions where financial collateral secures 
exposures that are not derivative contracts or netting sets of 
derivative contracts, the proposal would generally retain the simple 
approach from the current capital rule's standardized approach with the 
following two modifications.\156\ First, the proposal would replace the 
requirement that financial collateral be subject to a collateral 
agreement with conditions including the requirement that the banking 
organization have the right to liquidate or take legal possession of 
the collateral upon an event of default. Second, the proposal would 
permit banking organizations to recognize, under the simple approach, 
the credit risk mitigation benefits of financial collateral with a 
maturity or currency mismatch, after applying certain adjustments.
---------------------------------------------------------------------------

    \156\ The collateral haircut approach also would be available to 
banking organizations to recognize the benefits of collateral for 
eligible margin loans and for repo-style transactions. For netting 
sets containing certain repo-style transactions and derivative 
contracts that are subject to a qualifying cross product master 
netting agreement, a banking organization also would be able to 
determine its exposure amount using SA-CCR as described in section 
IV.A.4.b. of this SUPPLEMENTARY INFORMATION.
---------------------------------------------------------------------------

    The proposal would also introduce eligible prepaid credit 
protection arrangements as a credit risk mitigant available to all 
exposure types, including securitizations, and permit banking 
organizations to recognize the credit risk mitigation benefits of the 
protection amount of the prepaid credit protection arrangement, 
discounted to reflect any applicable maturity and currency mismatch 
adjustments.
a. Guarantees and Credit Derivatives
i. Substitution Approach
    Consistent with the standardized approach in the current capital 
rule, the proposal would permit a banking organization to recognize the 
credit-risk-mitigation benefits of eligible guarantees and eligible 
credit derivatives by substituting the risk weight applicable to the 
eligible guarantor or counterparty to the eligible credit derivative 
(protection provider) for the risk weight applicable to the hedged 
exposure. To recognize the risk mitigating benefits of a guarantee or 
credit derivative for risk-based capital purposes, the proposal would 
continue to require the issuer of or counterparty to the eligible 
guarantee or eligible credit derivative, respectively, to be an 
eligible guarantor.\157\ The proposal would rely on the definition of 
eligible guarantor in Sec.  __.2 of the capital rule, which, among 
other criteria, requires an entity to have issued and outstanding an 
unsecured debt security without credit enhancement that is investment 
grade at the time the guarantee is issued or anytime thereafter.\158\
---------------------------------------------------------------------------

    \157\ Under the advanced approaches framework in the current 
capital rule, an eligible guarantee need not be issued by an 
eligible guarantor unless the exposure is a securitization exposure. 
Under the proposal, an eligible guarantee would need to be issued by 
an eligible guarantor.
    \158\ A banking organization would not have to apply the 
proposed internal credit risk rating system criteria, as described 
in section IV.A.2.e. of this SUPPLEMENTARY INFORMATION, in order to 
determine whether an entity satisfies the investment grade 
requirement included in in the definition of eligible guarantor. The 
proposed internal credit risk rating system criteria would be 
required in order for the 65 percent risk weight to be available for 
purposes of the substitution approach.
---------------------------------------------------------------------------

    Question 51: The agencies seek comment on the requirement that the 
entity has issued and outstanding an unsecured debt security without 
credit enhancement that is investment grade to meet the definition of 
an eligible guarantor. What, if any, alternatives to this requirement 
should the agencies consider to help to ensure that eligible guarantors 
can be expected to perform on guarantees and what would the pros and 
cons of those alternatives be?
ii. Adjustment for Credit Derivatives Without Restructuring as a Credit 
Event
    Credit derivative contracts in certain jurisdictions include debt 
restructuring as a credit event that triggers a payment obligation by 
the protection provider to the protection purchaser. Such 
restructurings of the hedged exposure may involve forgiveness or 
postponement of principal, interest, or fees that results in a loss to 
investors. Consistent with the current capital rule, the proposal would 
generally require a banking organization that seeks to recognize the 
credit risk-mitigation benefits of an eligible credit derivative that 
does not include a restructuring of the reference exposure as a credit 
event to reduce the effective notional amount of the credit derivative 
by 40 percent to account for any unmitigated losses that could occur as 
a result of a restructuring of the hedged exposure.
    Under the proposal, however, the 40 percent adjustment would not 
apply to eligible credit derivatives without restructuring as a credit 
event if both of the following requirements are satisfied: (1) the 
terms of the hedged exposure (and the reference exposure, if different 
from the hedged exposure) allow the maturity, principal, coupon, 
currency, or seniority status to be amended outside of receivership, 
insolvency, liquidation, or similar proceeding only by unanimous 
consent of all parties; and (2) the banking organization has conducted 
sufficient legal review to conclude with a well-founded basis

[[Page 14990]]

(and maintains sufficient written documentation of that legal review) 
that the hedged exposure is subject to the U.S. Bankruptcy Code or a 
domestic or foreign insolvency regime with similar features that allows 
for a company to reorganize or restructure and provides for an orderly 
settlement of creditor claims.
    The unanimous consent requirement would mean that, for 
restructurings occurring outside of an insolvency proceeding, all 
holders of the hedged exposure (and the reference exposure, if 
different from the hedged exposure) must agree to any restructuring for 
the restructuring to occur, and no holder can vote against the 
restructuring or abstain. This unanimous consent requirement would 
reduce the risk that a banking organization would suffer a credit loss 
on the hedged exposure that would not be offset by a payment under the 
eligible credit derivative. Banking organizations generally would only 
be incentivized to vote for a restructuring if the terms of the 
restructuring provide a more beneficial outcome to the banking 
organization relative to insolvency proceedings that would trigger 
payment under the eligible credit derivative. Additionally, the 
unanimous consent requirement for the reference exposure, if different 
from the hedged exposure, would provide an additional layer of security 
by significantly reducing the probability of reaching a restructuring 
agreement that results in a loss of principal or interest for creditors 
without triggering payment under the eligible credit derivative. The 
unanimous consent requirement would need to be satisfied through the 
terms of the hedged exposure (and the reference exposure, if different 
from the hedged exposure), which could be accomplished through a 
contractual provision of the exposure or the operation of the 
applicable law.
    The requirement that the hedged exposure be subject to the U.S. 
Bankruptcy Code or a similar domestic or foreign insolvency regime 
would help to ensure that any restructuring is done in an orderly, 
predictable, and regulated process. In the event that the obligor of 
the hedged exposure defaults and the default is not cured, the obligor 
would either be required to enter insolvency proceedings, which would 
trigger payment under the credit derivative, or the obligor would be 
required to pursue restructuring outside of insolvency, which could not 
occur without the banking organization's consent. Together, the 
proposed conditions are intended to ensure that credit derivatives that 
do not include restructuring as a credit event but provide similarly 
effective protection as those that do contain such provisions would be 
afforded similar recognition under the capital framework.
    Question 52: The agencies seek comment on allowing banking 
organizations to recognize in full the effective notional amount of 
credit derivatives that do not include restructuring as a credit event, 
if certain conditions are met. What are the cost and benefits of this 
approach? What, if any, less restrictive conditions for receiving full 
recognition should the agencies consider that would more appropriately 
capture credit derivatives that provide similar protection as those 
that include restructuring as a credit event receive and why? For 
example, what would be the advantages and disadvantages of requiring 
the consent of all parties directly and adversely affected by a 
restructuring, rather than the unanimous consent of all parties? What 
would be the advantages and disadvantages of requiring the consent of 
all parties affected by any change in lien position or priority in the 
hedged or referenced exposure?
    Question 53: To what extent is the proposed treatment of eligible 
credit derivatives that do not include restructuring of the reference 
exposure as a credit event relevant outside of the United States and 
how should this be considered for purposes of the proposal?
    Question 54: In order for a banking organization to recognize the 
credit risk mitigation benefits of an eligible credit derivative, the 
current capital rule requires that legally-enforceable cross-default or 
cross-acceleration clauses be in place and that the reference exposure 
and the hedged exposure be to the same legal entity. What would be the 
advantages and disadvantages of allowing recognition of credit 
derivatives where (1) the reference exposure is to a different legal 
entity than the hedged exposure, (2) the reference exposure's legal 
entity is guaranteed by its parent company, and (3) the parent company 
is subject to a binding cross-default or cross-acceleration provision 
related to the hedged exposure's debt.
b. Collateralized Transactions
    Consistent with the current capital rule, a banking organization 
would be permitted to recognize the risk-mitigating benefits of 
financial collateral using the simple approach by substituting the risk 
weight applicable to an exposure with the risk weight applicable to the 
financial collateral securing the exposure, generally subject to a 20 
percent floor.\159\
---------------------------------------------------------------------------

    \159\ A banking organization would not have to apply the 
proposed internal credit risk rating system criteria in order to 
determine whether the issuer of long-term or short-term debt 
securities that are not resecuritization exposures is investment 
grade and are eligible to be considered financial collateral under 
the capital rule. However, the proposed internal credit risk rating 
system criteria would be required in order for the 65 percent risk 
weight to be available for purposes of risk weight substitution. See 
definition of financial collateral in Sec.  __.2 of the capital 
rule. 12 CFR 3.2 (OCC); 12 CFR 217.2 (Board); 12 CFR 324.2 (FDIC).
---------------------------------------------------------------------------

    Under the current capital rule, a requirement for recognizing the 
credit risk mitigation benefit of financial collateral under the simple 
approach is that the collateral must be subject to a collateral 
agreement for at least the life of the exposure. The proposal would not 
include this requirement under the simple approach because the 
requirement is overly broad and not relevant for certain transaction 
types. For example, while the right to close out a transaction would be 
relevant with respect to a repurchase agreement, it may not be relevant 
with respect to a loan. Instead, the proposal would require that the 
legal mechanism by which the financial collateral is pledged or 
transferred be enforceable and provide the banking organization with an 
ability to exercise its applicable legal rights with respect to the 
collateral in a timely manner upon an event of default. Depending on 
the characteristics of the type of exposure and the financial 
collateral in question, those rights may include the right to liquidate 
or take legal possession of the financial collateral, to set off 
amounts owed by the banking organization against amounts owed by the 
obligor, and to close out the underlying transaction. However, not all 
of these rights may be applicable with respect to all types of 
exposures and financial collateral, and a banking organization would 
only be required to have those rights that are applicable for the type 
of exposure and financial collateral in question. This requirement, in 
combination with the definition of financial collateral--which, in 
part, requires a banking organization to have a perfected, first-
priority security interest (or the legal equivalent thereof) in the 
collateral--and the other requirements of Sec.  __.121(b)(1) would 
provide a sufficient basis for recognizing the collateral under the 
simple approach.
    The requirement under the current capital rule that financial 
collateral be subject to a collateral agreement often prevents a 
banking organization from recognizing financial collateral as a credit 
risk mitigant under the simple

[[Page 14991]]

approach if the banking organization's exercise of its rights may be 
stayed in a bankruptcy of the obligor. This has generally meant that a 
banking organization could not use the simple approach to recognize 
financial collateral in respect of collateralized loans because the 
exercise of a banking organization's collateral rights with respect to 
a loan would often be subject to a stay in the bankruptcy or insolvency 
of a borrower under the applicable law. Under the proposal, the fact 
that a banking organization's rights may be subject to a stay in the 
event of an obligor's bankruptcy would not preclude the banking 
organization from recognizing the credit risk mitigation benefits of 
financial collateral, provided the banking organization has a well-
founded basis for concluding that it will be able to exercise its 
rights in a timely manner. The proposed change would permit banking 
organizations to recognize the credit risk mitigation benefits of 
financial collateral that protects exposures arising from many types of 
loans and traditional credit products. Other elements of the simple 
approach, such as the 20 percent risk-weight floor, help to address the 
risk of declines in the value of collateral.
    Typically, financial collateral in respect of a collateralized 
transaction is pledged by the obligor of that exposure. In some cases, 
collateral may be pledged or transferred by a party other than the 
obligor. A third-party pledgor may be the parent or an affiliate of an 
obligor or an unrelated party that is providing credit risk protection 
to the banking organization. While collateral provided by a third party 
may be an effective credit risk mitigant, it may also pose unique 
risks. In particular, depending on the laws of the applicable 
jurisdictions and the terms of the relevant legal agreements, the 
bankruptcy or insolvency of a pledgor prior to an event of default of 
the obligor may terminate or impair the banking organization's rights 
to the collateral. In these circumstances, financial collateral does 
not provide an effective credit risk mitigant. Consequently, the 
proposal would require that the bankruptcy or insolvency of a third-
party pledgor not result in the termination or impairment of the 
banking organization's rights in respect of the financial collateral.
    There may be situations where obligors have the ability to remove 
collateral that they are contractually obligated to maintain when a 
banking organization is experiencing stress. This risk is most apparent 
when financial collateral takes the form of cash on deposit at a 
banking organization, where a banking organization's deposit systems 
may not reflect the obligor's contractual obligation to maintain the 
deposit at the banking organization. It may also arise, in respect of 
other types of financial collateral, depending on the custody 
arrangement and associated controls in respect of the collateral. 
Financial collateral is not an effective credit risk mitigant if a 
banking organization cannot appropriately safeguard its rights in 
respect of such financial collateral. Consequently, the proposal would 
also require a banking organization to be able to reasonably 
demonstrate the ability to protect and enforce its rights in respect of 
any financial collateral.
    Other safeguards relating to the simple approach are intended to 
sufficiently calibrate the benefits of the proposal's recognition of 
financial collateral for a broader scope of products. For example, the 
maturity mismatch adjustment, which is described in greater detail 
below, reduces the benefit of financial collateral based on the 
difference between the residual maturity of the legal mechanism by 
which financial collateral is pledged and that of the secured exposure. 
Additionally, for a situation with a maturity mismatch, the proposal 
would only allow for recognition of the credit risk mitigant where the 
original maturity of the legal mechanism is greater than or equal to 
one year and the residual maturity of the legal mechanism is greater 
than three months. These requirements, taken together with the other 
requirements in section __.121 of the proposal, would incentivize 
banking organizations to utilize credit risk mitigants that provide 
effective credit risk transfer.
    Question 55: Under the simple approach, the current capital rule 
requires that collateral be revalued at least every six months. The 
agencies recognize that, in practice, most collateral agreements for 
liquid collateral provide for more frequent valuation. The proposal 
would remove the requirement for collateral agreements. Given that 
financial collateral is generally liquid, what would be the advantages 
and disadvantages of requiring a more frequent minimum revaluation 
interval--such as quarterly--under the simple approach? Please provide 
rationale supporting or opposing a more frequent revaluation 
requirement.
    Question 56: The proposal would maintain the current capital rule's 
definition of financial collateral and allow banking organizations to 
recognize the risk-mitigating benefits of cash on deposit, including 
cash held by a third-party custodian or trustee. The agencies invite 
comment on whether the definition of financial collateral is 
sufficiently clear with respect to cash collateral held for a banking 
organization by a third-party custodian or trustee. What would be the 
advantages or disadvantages of revising the ``cash on deposit'' prong 
of the definition of financial collateral to explicitly recognize cash 
on deposit at any third-party depository institution, regardless of 
whether it is a custodian or trustee? In addition, what would be the 
appropriate risk weight for the collateralized exposure where the 
financial collateral is, directly or indirectly, in the form of a 
deposit claim on a third-party depository institution and why? What 
would be the advantages and disadvantages of subjecting the 
collateralized exposure to the 20 percent risk weight floor? What, if 
any, other alternative approaches should the agencies consider and why?
    Question 57: The agencies seek comment on the appropriateness of 
the calibration of the market price volatility haircuts. Commenters are 
encouraged to submit data with their response.
c. Prepaid Credit Protection
    The proposal would introduce eligible prepaid credit protection 
arrangements as an additional type of credit risk mitigant. The 
proposal would define a prepaid credit protection arrangement as a 
contractual agreement in which a protection purchaser receives an 
initial amount in cash from a protection provider that the protection 
purchaser is required to repay, less any losses that the protection 
purchaser incurs due to a credit event on the protected exposures, such 
as borrower default on the protected exposures. In this type of 
arrangement, the amount paid by the protection provider is not 
collateral that secures a future obligation of the protection provider; 
rather, it is consideration for a right to future payments, contingent 
on the performance of the protected exposure(s), from the protection 
purchaser. This form of credit risk mitigant effectively transfers 
credit risk to the protection provider, as the banking organization's 
liability created by the prepaid credit protection arrangement 
generally would be reduced at the same time the banking organization 
incurs a loss on the protected exposure(s). A common example of a 
prepaid credit protection arrangement are fully funded credit-linked 
notes issued by a banking organization that transfer the credit risk of 
a reference exposure or portfolio of

[[Page 14992]]

reference exposures to third party investors.\160\
---------------------------------------------------------------------------

    \160\ See, e.g., Frequently Asked Questions, 12 CFR part 217, Q2 
and Q3, https://www.federalreserve.gov/supervisionreg/legalinterpretations/reg-q-frequently-asked-questions.htm. This 
revision would also be consistent with comments received under 
EGRPRA as commenters requested recognition of the risk-mitigation 
benefits of credit-linked notes.
---------------------------------------------------------------------------

    Under the proposal, a prepaid credit protection arrangement would 
be required to meet specific requirements to be recognized for risk-
based capital purposes as an eligible prepaid credit protection 
arrangement. Specifically, the proposal would define an eligible 
prepaid credit protection arrangement as a prepaid credit protection 
arrangement that:
    (1) Is written;
    (2) Is unconditional;
    (3) Covers all or a pro rata portion of all contractual payments 
due to be paid on the reference exposure or reference exposures;
    (4) Provides that the amount and timing of payments due from the 
protection purchaser to the protection provider are incorporated into 
the arrangement and the arrangement only allows these terms to change 
in the event of a breach of the arrangement by the protection 
purchaser;
    (5) Provides that entry of the protection provider into 
receivership, insolvency, liquidation, conservatorship, or similar 
proceeding does not change the amounts or timing of payments due by the 
protection purchaser under the arrangement;
    (6) Is legally valid and enforceable under applicable law of the 
relevant jurisdictions;
    (7) Upon a failure by the obligor on the one or more reference 
exposures to make a contractually required payment, or the occurrence 
of other credit events as described in the arrangement, allows the 
protection purchaser promptly to reduce the outstanding balance of the 
initial principal amount due to the protection provider by the loss of 
the protection purchaser on the reference exposures without input from 
the protection provider; and
    (8) Does not increase the protection purchaser's cost of credit 
protection in response to deterioration in the credit quality of any of 
the reference exposures.
    The protection amount of an eligible prepaid credit protection 
arrangement would be the effective notional amount of the prepaid 
credit protection, reduced to reflect any currency mismatch or maturity 
mismatch. The effective notional amount for an eligible prepaid credit 
protection arrangement would be the lesser of the contractual notional 
amount of the credit risk mitigant and the exposure amount of the 
reference exposure(s), multiplied by the percentage coverage of the 
credit risk mitigant.
    Under the proposal, if the protection amount of the eligible 
prepaid credit protection arrangement is greater than or equal to the 
exposure amount of the reference exposure, a banking organization would 
be allowed to assign a zero percent risk weight to the exposure.
    If the protection amount of the eligible prepaid credit protection 
arrangement is less than the exposure amount of the reference 
exposure(s) and any losses are shared on a pro rata basis between the 
banking organization and the protection provider,\161\ the proposal 
would require the banking organization to treat the reference 
exposure(s) as two separate exposures, protected and unprotected, in 
order to recognize the credit risk mitigation benefit of the eligible 
prepaid credit protection arrangement. In such cases, a banking 
organization would apply a zero percent risk weight to the protected 
exposure. The banking organization would calculate its risk-weighted 
asset amount for the unprotected exposure under the expanded risk-based 
approach using the risk weight assigned to the exposure and an exposure 
amount equal to the exposure amount of the original reference exposure 
minus the protection amount.
---------------------------------------------------------------------------

    \161\ Exposures on which there is a tranching of credit risk 
(reflecting at least two different levels of seniority) generally 
are securitization exposures, as described in section IV.B. of this 
SUPPLEMENTARY INFORMATION.
---------------------------------------------------------------------------

    Question 58: Under the definition of eligible prepaid credit 
protection arrangement, the proposal would require that a protection 
purchaser be able to reduce the outstanding balance due to the 
protection provider promptly upon realizing or otherwise recognizing a 
loss on the reference exposure, in the event that the obligor on one or 
more reference exposures fails to make a contractually required 
payment, or the occurrence of other credit events as described in the 
arrangement. What, if any, are the exposure types in respect of which, 
or circumstances when, a protection purchaser may be exposed to losses 
before such losses are manifested in a way that would permit a 
reduction in the protection purchaser's repayment obligation? For 
example, what would be the instances where nonpayment or other loss on 
the reference exposure may not always result in an accounting write-
down of the eligible prepaid credit protection arrangement at the same 
time? What, if any, changes to the proposed definitions of prepaid 
credit protection arrangement and eligible prepaid credit protection 
arrangement should the agencies consider to further ensure that a 
protection purchaser would be able to reduce its repayment obligation 
on a prepaid credit protection arrangement as contemporaneously as 
possible with the manifestation of losses in respect of a reference 
exposure?
    Question 59: The proposal would define the protection amount of an 
eligible prepaid credit protection arrangement to mean the effective 
notional amount of the prepaid credit protection. Certain credit-linked 
notes that may qualify as eligible prepaid credit protection under the 
proposal, are sometimes accounted for on a fair value basis. The fair 
value of such credit-linked notes may be affected by factors other than 
losses or credit events (for example, a change in interest rates) in 
respect of the reference exposure. As a result, at the time that credit 
losses in respect of the reference exposure are realized, the fair 
value of the credit-linked note, and the amount by which the banking 
organization may set off its losses in respect of the reference 
exposure, may be less than the notional amount of the note. What, if 
any, modifications to the proposal should the agencies consider to 
address the risk that a banking organization may not be able to set off 
losses on a reference exposure against the full notional amount of a 
prepaid credit protection instrument? What would be the advantages and 
disadvantages of defining the protection amount of an eligible prepaid 
credit protection instrument to be the instrument's carrying value (For 
example, the fair value if the banking organizations elects this 
accounting treatment)?
    Question 60: The definition of prepaid credit protection requires 
that the protection purchaser is obligated to repay the initial 
principal amount to the protection provider on or before the maturity 
date of the transaction, less any losses that the protection purchaser 
realizes or otherwise recognizes due to nonpayment of all contractual 
payments due to be paid on the reference exposure by the obligors. The 
agencies seek comment as to whether the definition is sufficiently 
broad to capture the types of prepaid credit protection arrangements 
that banking organizations may enter into to transfer credit risk. For 
example, may prepaid credit protection arrangements be structured to 
allow for a reduction in the initial principal amount of the 
arrangement upon the recognition of losses on one or more reference

[[Page 14993]]

exposures due to credit quality deterioration of the exposures, even in 
the absence of any nonpayment. If so, what if any changes to the 
definition of prepaid credit protection should the agencies consider?
d. Maturity and Currency Mismatch Adjustment
    The simple approach in the current capital rule does not permit a 
banking organization to recognize credit risk mitigation benefits where 
the transaction is subject to a collateral agreement that has a shorter 
tenor than that of the secured exposure.\162\ To improve the risk-
sensitivity of the simple approach, the proposal would permit banking 
organizations to recognize financial collateral and prepaid credit 
protection with a maturity mismatch after adjusting the fair value of 
the financial collateral or the effective notional amount of the 
eligible prepaid credit protection arrangement to reflect any maturity 
mismatch.\163\
---------------------------------------------------------------------------

    \162\ For determining maturity mismatch, the comparison is 
between the remaining maturity of the protected exposure against the 
remaining maturity of the legal mechanism by which financial 
collateral is pledged. For example, if the legal mechanism by which 
financial collateral is pledged to a 5-year loan has a 5-year term, 
even if the remaining maturity of the collateral is 2 years, there 
would be no maturity mismatch under the proposal as long as the 
security interest transfers without any breaks to the proceeds of 
the matured collateral or replacement collateral.
    \163\ The proposal would define residual maturity as the longest 
possible remaining time before the obligated party of the secured 
exposure is scheduled to fulfill its obligation on the reference 
exposure. If a contract has embedded options that may reduce its 
term, the proposal would require the banking organization to adjust 
the residual maturity of the contract. If a call is at the 
discretion of the protection provider, the residual maturity of the 
contract would be at the first call date. If the call is at the 
discretion of the banking organization, but the terms of the 
arrangement at origination of the contract contain a positive 
incentive for the banking organization to cancel the contract before 
contractual maturity, the remaining time to the first call date 
would be the residual maturity of the contract.
---------------------------------------------------------------------------

    Under the proposal, the residual maturity of an eligible prepaid 
credit protection arrangement would be determined in the same manner as 
applies to eligible credit derivatives and eligible guarantees under 
the current capital rule. For financial collateral that is not cash on 
deposit at the banking organization, but including cash held for the 
banking organization by a third-party custodian or trustee, the 
residual maturity of any amount of such financial collateral would be 
the earliest date on which the banking organization's rights in respect 
of such amount of financial collateral may be terminated without the 
pledgor being subject to a contemporaneous requirement to pledge 
additional financial collateral. For financial collateral that is cash 
on deposit at the banking organization, the residual maturity of any 
amount of such collateral would be the earliest date on which a 
depositor may withdraw such amount, notwithstanding any notice 
requirements or early withdrawal fees or penalties. For example, if an 
obligor is subject to a loan covenant requiring the obligor to maintain 
a certain deposit balance at the banking organization until the 
maturity of the loan, the residual maturity of the cash on deposit 
would be the remaining maturity of the loan. Any amount of a deposit 
balance that an obligor is contractually permitted to withdraw, 
however, would have a residual maturity of the earliest date on which 
the deposit may be withdrawn. If an obligor may withdraw a deposit at 
any time, including where an obligor may be subject to a notice period 
or an early withdrawal fee or penalty, the residual maturity would be 
zero, notwithstanding any stated maturity date of the deposit 
instrument.
    Under the proposal, a banking organization would be required to 
apply the same adjustment to reduce the fair value of the financial 
collateral or the effective notional amount of the prepaid credit 
protection arrangement as currently applies to eligible credit 
derivatives and eligible guarantees under the substitution approach:

Pm = E x [(t-0.25)/(T-0.25)]

Where:

 Pm = fair value of the financial collateral or effective 
notional amount of the eligible prepaid credit protection 
arrangement, adjusted for maturity mismatch;
 E = fair value of the financial collateral or effective 
notional amount of the eligible prepaid credit protection 
arrangement;
 t = the lesser of T or the residual maturity of the credit 
risk mitigant, expressed in years; and
 T = the lesser of five or the residual maturity of the 
secured exposure or reference exposure, as applicable, expressed in 
years.

    Similarly, the proposal would eliminate the current capital rule's 
requirement that financial collateral be denominated in the same 
currency as the secured exposure for a banking organization to use the 
simple approach. The proposal would permit banking organizations to 
recognize the credit risk mitigation benefits of financial collateral 
and eligible prepaid credit protection arrangements when denominated in 
a different currency than the currency of the secured exposure, after 
adjusting the fair value or the effective notional amount, as 
applicable, to reflect any currency mismatch. Under the proposal, a 
banking organization would use the following formula to adjust the fair 
value of the financial collateral or the effective notional amount of 
the eligible prepaid credit protection arrangement:

Pc = Pr x (1-HFX)

Where:

 Pc = fair value of the financial collateral or 
effective notional amount of the eligible prepaid credit protection 
arrangement, adjusted for currency mismatch (and maturity mismatch, 
if applicable).
 Pr = fair value of the financial collateral or 
effective notional amount of the eligible prepaid credit protection 
arrangement (adjusted for maturity mismatch, if applicable).
 HFX = haircut appropriate for the currency 
mismatch between the financial collateral and the secured exposure 
or the eligible prepaid credit protection arrangement and the 
reference exposure.

    Consistent with substitution approach for guarantees and credit 
derivatives in the current capital rule, the proposal would require 
banking organizations to use a standard supervisory haircut of 8 
percent for HFX (based on a ten business-day holding period and daily 
marking-to-market and remargining). If a banking organization revalues 
the financial collateral or eligible prepaid credit protection 
arrangement less frequently than once every 10 business days, the 
proposal would require the banking organization to scale up the haircut 
using the following square root of time formula:
[GRAPHIC] [TIFF OMITTED] TP27MR26.068

Where:

 TM = the greater of 10 or the number of business days 
between revaluations.

    Question 61: The agencies seek comment on the effectiveness of the 
credit risk mitigation of collateral and eligible prepaid credit 
protection arrangement when there is a maturity mismatch between the 
credit risk mitigant and the hedged reference portfolio, for example, 
longer-dated assets that are protected by a shorter-dated prepaid 
credit protection arrangement. The agencies seek comment on whether the 
banking organization has effectively mitigated credit risk if the 
losses on the assets are estimated to occur after the expiration of the 
prepaid credit protection arrangement. Does the proposed maturity 
mismatch adjustment sufficiently capitalize for the residual risks of 
hedging longer-dated assets with shorter-term prepaid credit protection

[[Page 14994]]

arrangement? Please provide supporting data and analysis.

B. Securitization Framework

    The securitization framework is designed to produce capital 
requirements for exposures that involve tranching of the credit risk of 
one or more underlying financial exposures.\164\ The risk and 
complexity posed by securitizations differ relative to direct exposures 
to the underlying financial exposures because the credit risk of those 
exposures is divided into different levels of risk using a wide range 
of structural mechanisms.\165\ The performance of a securitization 
exposure depends not only on the structure of the securitization, but 
also on the performance of the underlying exposures \166\ and certain 
parties to the securitization structure, including the asset servicer 
and any liquidity facility provider. Such structural features and the 
involvement of these parties makes securitization exposures susceptible 
to additional risks as compared to direct exposures to the underlying 
financial exposures.
---------------------------------------------------------------------------

    \164\ To segment the credit risk of the underlying financial 
exposures (``reference portfolio''), securitization exposures divide 
the reference portfolio into different slices (known as 
``tranches'') such that any cash flows or losses are allocated to 
the various tranches based on a predetermined order of priority. 
This payment structure is sometimes referred to as the cash flow 
waterfall (or simply the ``waterfall'') and dictates the manner in 
which interest or principal payments from the reference portfolio 
must be allocated, creating different risk-return profiles for each 
tranche.
    \165\ For example, assume a banking organization extends a loan 
to a bankruptcy remote special purpose entity which holds financial 
exposures (including equity securities) and the fair value of the 
underlying financial assets exceeds that of the loan. Under this 
transaction, the underlying financial exposures are pledged as 
collateral to the lender. As the excess collateral would initially 
absorb any losses arising from non-payment on the loan (after which 
the banking organization would be exposed to any subsequent losses), 
the loan would generally be viewed as tranched and could qualify as 
a securitization exposure under the proposal, if the transaction 
satisfies all of the other applicable requirements. Consistent with 
the current capital rule, to the extent the fair value of the 
collateral declines such that it no longer exceeds the outstanding 
principal balance of the banking organization's exposure to the 
borrower, the transaction would no longer involve tranching of 
credit or equity risk--and thus would not qualify as a 
securitization exposure under the proposal. Rather, the banking 
organization would be required to calculate risk-based capital 
requirements for the exposure using the general credit risk 
framework as described in section IV.A. of this SUPPLEMENTARY 
INFORMATION.
    \166\ Consistent with the current capital rule, the proposal 
would define equity exposure to include exposures to equity 
instruments that do not have mandatory contractual payments, among 
other requirements. Accordingly, under the proposal, the performance 
of underlying equity exposures would refer to both changes in the 
fair value of the equity exposures and whether the issuer(s) of the 
equity exposures is subject to a bankruptcy or insolvency 
proceeding.
---------------------------------------------------------------------------

    The proposed securitization framework would incorporate the 
securitization framework in the current standardized approach with the 
following modifications: (1) a revised definition of and additional 
operational requirements for synthetic securitizations; (2) a modified 
treatment for resecuritizations that meet the operational requirements; 
(3) a modified definition of an eligible clean-up call; (4) a new 
securitization standardized approach (SEC-SA), as a replacement to the 
standardized supervisory formula approach (SSFA), which includes, 
relative to the SSFA, modified definitions of attachment point and 
detachment point, a modified definition of the W parameter, 
modifications to the definition of KG, a lower risk-weight floor for 
securitization exposures that are not resecuritization exposures, and a 
higher risk-weight floor for resecuritization exposures; (5) a revised 
treatment for purchased and sold nth-to-default credit derivatives that 
would prohibit banking organizations from recognizing any risk-
mitigating benefit for such exposures; (6) a revised treatment for 
certain derivative contracts that are not credit derivatives and a new 
treatment for derivative contracts that do not provide credit 
enhancement; (7) new provisions to expand the scope of securitization 
exposures for which a banking organization may apply the overlapping 
exposure treatment; (8) a new treatment and eligibility criteria for 
certain senior securitization exposures (the ``look-through 
approach''); (9) a modification to the treatment for credit-enhancing 
interest only strips; and (10) a new framework for non-performing loan 
securitizations. The proposal would also introduce certain minor 
technical edits to the definitions of traditional securitization and 
synthetic securitization to clarify the existing scope of exposures 
subject to the securitization framework under the current capital rule.
1. Definitions
    The proposal would generally retain the existing definitions of 
traditional securitization and synthetic securitization under the 
current capital rule, except for (1) revising the definition of 
synthetic securitization to include prepaid credit protection 
arrangements, and (2) introducing technical modifications to the 
definitions of traditional securitization and synthetic securitization 
that are intended to clarify the existing scope of exposures subject to 
the securitization framework under the current capital rule.
a. Synthetic Securitization
    As discussed in section IV.A.5. of this SUPPLEMENTARY INFORMATION, 
the proposal would permit banking organizations to recognize risk 
mitigating benefits of eligible prepaid credit protection arrangements. 
Consistent with these provisions, the proposal would revise the 
definitional and operational criteria for synthetic securitizations to 
include prepaid credit protection arrangements as structures that can 
qualify as synthetic securitizations and to include eligible prepaid 
credit protection arrangements as an eligible credit risk mitigant 
within the securitization framework. Under the proposal, a transaction 
would meet the definitional and operational criteria of synthetic 
securitization if all or a portion of the credit risk of one or more 
underlying exposures is transferred to one or more third parties 
through prepaid credit protection arrangements, and the transaction 
satisfies all other requirements of the securitization framework under 
the proposal.
b. Technical Modifications
    The proposal would modify paragraph (3) within the definitions of 
traditional securitization and synthetic securitization to clarify that 
the performance of the securitization exposure is expected to depend 
solely upon the performance of the underlying exposures, aside from the 
performance of common supporting transaction participants such as 
servicers and trustees. For example, a transaction would not satisfy 
this criterion if there is an expectation that any sources outside of 
the underlying exposures would fund the interest or principal payments 
due on the securitization exposures.
    Consistent with the current capital rule, the proposed modification 
would continue to permit certain transactions where a party provides a 
specified amount of credit protection to qualify as a securitization 
exposure. As an example, consider a multi-seller ABCP conduit that 
funds itself entirely with a single class of commercial paper and 
purchases assets such as wholesale loan exposures from multiple 
sellers. As is typical in such multi-seller ABCP conduits, each seller 
provides first-loss protection by over-collateralizing its loans sold 
to the conduit. To ensure a high credit rating on the commercial paper 
issued by the ABCP conduit, a banking organization sponsor may provide 
either a pool-specific liquidity facility or a program-wide credit

[[Page 14995]]

enhancement such as a guarantee on a portion of the losses not 
protected by the seller over-collateralization. Consistent with the 
current capital rule, under the proposal, commercial paper issued by 
the ABCP conduit with a pool-specific liquidity facility generally 
would be a securitization exposure because the pool-specific liquidity 
facility represents a tranche of the credit risk of the underlying 
exposures (that is the repayment of the liquidity facility depends upon 
the underlying exposures) and losses are allocated through 
subordination. Conversely, if the sponsor provides a program-wide 
credit enhancement that covers all credit losses across multiple asset 
pools without reference to asset-level performance (not just those 
above the seller-provided credit enhancement) or seller-specific 
subordination, the commercial paper generally would not be a 
securitization exposure, as the commercial paper holders are primarily 
exposed to the default risk of the sponsor instead of the underlying 
exposures and the commercial paper does not represent a tranched risk 
position. The proposed modification is intended to clarify that a 
securitization exposure to such program-wide guarantees, including 
guarantees provided by an operating company to a special purpose entity 
it establishes, generally would not satisfy the definition of 
traditional or synthetic securitization.
    Additionally, the proposal would modify paragraph (1) of the 
definition of traditional securitization to clarify that a transaction 
transferring equity risk could be subject to the securitization 
framework if all of the other definitional criteria are satisfied. The 
securitization framework generally applies to exposures to companies 
with material liabilities that are not operating companies,\167\ and 
whose underlying exposures are primarily financial exposures (including 
when all or substantially all of the underlying assets are equity 
exposures). For exposures to companies with material liabilities that 
are not operating companies and whose underlying exposures are all or 
substantially all financial exposures, the risk-based capital treatment 
under the current capital rule reflects how the risk of exposures to 
such entities depends primarily on the degree of leverage employed by 
the company. Accordingly, the current capital rule generally requires 
banking organizations to apply the securitization framework to 
determine the risk-weighted asset amount for exposures to non-operating 
companies with material liabilities, unless the primary Federal 
supervisor determines that the exposure is not a traditional 
securitization based on the transaction's leverage, risk profile or 
economic substance. The proposal would modify paragraph (1) of 
definition of traditional securitization to clarify that this treatment 
would also apply to exposures to such companies with material 
liabilities, where all or a portion of the credit or equity risk of one 
or more underlying exposures is transferred to one or more third 
parties (other than through the use of credit derivatives or guarantees 
or prepaid credit protection arrangements).\168\ As a result, the 
proposed definition of traditional securitization would continue to 
include exposures to companies with material liabilities that are not 
operating companies, where all or substantially all of the underlying 
assets are financial exposures, and whose funding structure results in 
the risk associated with the underlying exposures being separated into 
at least two tranches with different levels of seniority.
---------------------------------------------------------------------------

    \167\ See 78 FR 62018, 62112 (Oct. 11, 2013).
    \168\ Consistent with the current capital rule, under the 
proposal, a banking organization would use the equity framework to 
calculate risk-based capital requirements for equity exposures to 
companies where all or substantially all of the underlying assets 
are financial assets and that have no material liabilities. See 
definition of investment fund in Sec.  __.2 of the current capital 
rule and the treatment of equity exposures to investment funds in 
Sec.  __.142 of the proposed rule.
---------------------------------------------------------------------------

    Question 62: What additional clarifications, if any, should the 
agencies consider for the proposed modification to paragraph (3) of the 
definition of traditional and synthetic securitization and why?
    Question 63: What additional clarifications, if any, should the 
agencies consider for the proposed modification to paragraph (1) of the 
definition of traditional securitization and why? What would be the 
advantages and disadvantages of making similar changes to paragraph (1) 
of the definition of synthetic securitization?
    Question 64: The agencies seek comment on the appropriateness of 
requiring covered banking organizations to use the general risk-weight 
framework for certain overcollateralized exposures if the fair value of 
underlying equity exposures declines such that there is no longer 
overcollateralization? What would be the advantages and disadvantages 
of requiring covered banking organizations to use the general risk-
weight framework (rather than the securitization framework) to 
determine the applicable risk weight for securitization exposures where 
the underlying exposures are primarily equity exposures and the fair 
value of the underlying equity exposures has significantly declined? 
What criteria should the agencies consider to capture only those 
securitization exposures for which such an approach would more 
appropriately capture the risk and why?
2. Operational Requirements
    The proposed operational requirements would be consistent with the 
operational requirements in the standardized approach of the current 
capital rule, with five exceptions as described below and directly 
above in section IV.A.1.a. of this SUPPLEMENTARY INFORMATION. In 
addition, for resecuritization exposures that meet the operational 
requirements, the proposal would eliminate the option for banking 
organizations to treat the exposures as if they had not been 
securitized.\169\
---------------------------------------------------------------------------

    \169\ In the case of non-performing loan securitizations, as 
described in section IV.B.5.g. of this SUPPLEMENTARY INFORMATION, 
the proposal would allow a banking organization that meets the 
operational requirements to choose to hold risk-based capital 
against the transferred exposures as if they had not been 
securitized and deduct from common equity tier 1 capital any after-
tax gain-on-sale resulting from the transaction.
---------------------------------------------------------------------------

a. Early Amortization Provisions
    Early amortization provisions cause investors in securitization 
exposures to be repaid before the original stated maturity when certain 
conditions are triggered. For example, many securitizations of 
revolving credit facilities, most commonly credit-card receivable 
securitizations, contain provisions that require the securitization to 
be wound down and investors repaid on an accelerated basis if excess 
spread falls below a certain threshold. This decrease in excess spread 
would typically be caused by credit deterioration in the underlying 
exposures. Such provisions can expose the originating banking 
organization to increased credit and liquidity risk and potentially 
increased capital requirements after the early amortization is 
triggered as the banking organization could be obligated to fund the 
borrowers' future draws on the revolving lines of credit.\170\ In such 
an instance, the originating banking organization may have to either 
find a new funding source, whether internal or external, to cover the 
new draws or

[[Page 14996]]

reduce the borrowers' credit line availability.
---------------------------------------------------------------------------

    \170\ Under the capital rule, an originating banking 
organization, with respect to a securitization, means a banking 
organization that: (1) directly or indirectly originated or 
securitized the underlying exposures included in the securitization; 
or (2) serves as an ABCP program sponsor to the securitization. See 
12 CFR 3.2 (OCC); 12 CFR 217.2 (Board); 12 CFR 324.2 (FDIC).
---------------------------------------------------------------------------

    The proposal would expand the applicability of the operational 
requirements regarding early amortization provisions to synthetic 
securitizations, similar to their application to traditional 
securitizations under the standardized approach of the current capital 
rule. The current capital rule defines an early amortization provision 
as a provision in the documentation governing a securitization that, 
when triggered, causes investors in the securitization exposures to be 
repaid before the original stated maturity of the securitization 
exposures, with certain exceptions.\171\ Under the proposal, if a 
synthetic securitization includes an early amortization provision and 
references one or more underlying exposures in which the borrower is 
permitted to vary the drawn amount within an agreed limit under a line 
of credit, the banking organization would be required to hold risk-
based capital against the underlying exposures as if they had not been 
synthetically securitized. Aligning this treatment for both traditional 
and synthetic securitizations would provide greater consistency within 
the securitization framework and reduce the likelihood that a banking 
organization would provide implicit support for synthetic 
securitization exposures.
---------------------------------------------------------------------------

    \171\ Under the capital rule, the exceptions to the definition 
of early amortization provision are a provision that: (1) is 
triggered solely by events not directly related to the performance 
of the underlying exposures or the originating banking organization 
(such as material changes in tax laws or regulations); or (2) leaves 
investors fully exposed to future draws by borrowers on the 
underlying exposures even after the provision is triggered. See 
definition of early amortization provision in Sec.  __.2 of the 
capital rule. 12 CFR 3.2 (OCC); 12 CFR 217.2 (Board); 12 CFR 324.2 
(FDIC).
---------------------------------------------------------------------------

    Question 65: What, if any, additional exceptions to the early 
amortization provision definition should the agencies consider and why, 
provided such exceptions would not incentivize a banking organization 
to provide implicit support to a securitization exposure? In 
particular, is the current rule's exception where early amortization 
``is triggered solely by events not directly related to the performance 
of the underlying exposures or the originating institution (such as 
material changes in tax laws or regulations)'' sufficiently clear? What 
types of early termination events should qualify as events not directly 
related to either the performance of the underlying exposures or the 
originating banking organization? Should events not directly related to 
the performance of the underlying exposures or the originating banking 
organization include customary provisions designed to protect against 
non-performance of various contractual obligations by one of the 
parties facilitating the securitization (including the originating 
banking organization, if it has such a transaction facilitating role, 
for example by acting as a servicer)? Commenters are also asked to 
describe under what circumstances could a provision in a revolving loan 
securitization that, when triggered, causes investors in the 
securitization exposures to be repaid before the original stated 
maturity of the securitization exposures, leaves investors ``fully 
exposed to future draws by borrowers on the underlying exposures even 
after the provision is triggered'', or otherwise should be deemed not 
to be an early amortization provision. What are the advantages and 
disadvantages of ``fully exposed'' encompassing only cash-funded 
exposures versus also including exposures in the form of contractual 
commitments to provide funding?
b. Synthetic Excess Spread
    The proposal would prohibit an originating banking organization 
from recognizing the risk-mitigating benefits of a synthetic 
securitization that includes synthetic excess spread. Synthetic excess 
spread would be defined as any contractual provision in a synthetic 
securitization that is designed to absorb losses prior to any of the 
tranches of the securitization structure. Synthetic excess spread is a 
form of credit enhancement provided by the originating banking 
organization to the investors in the synthetic securitization; 
therefore, the originating banking organization should maintain capital 
against the credit exposure represented by the synthetic excess spread. 
However, a risk-based capital requirement for synthetic excess spread 
may not be determinable with sufficient precision to promote 
comparability across banking organizations because the amount of 
synthetic excess spread made available to investors in the synthetic 
securitization would depend upon the maturity of the underlying 
exposures, which itself depends on whether any of the underlying 
exposures have defaulted or prepaid. In particular, the total amount of 
synthetic excess spread made available at inception to investors over 
the life of the transaction may not be known ex ante, as the 
outstanding balance of the securitization in future years is unknown. 
Therefore, if a synthetic securitization structure includes synthetic 
excess spread, the proposal would require the banking organization to 
maintain capital against all the underlying exposures as if they had 
not been synthetically securitized.
    Question 66: What clarifications or modifications should the 
agencies consider for the above proposed definition of synthetic excess 
spread and why?
    Question 67: What are the advantages and disadvantages of the 
proposed treatment of synthetic securitizations with synthetic excess 
spread? If the agencies were to permit originating banking 
organizations to recognize the credit risk-mitigation benefits of 
securitizations with synthetic excess spread, how should the exposure 
amount of the synthetic excess spread be calculated, and what would be 
the appropriate capital requirement for synthetic excess spread?
c. Minimum Payment Threshold
    Under the proposal, the operational requirements for synthetic 
securitizations would include a new requirement that any applicable 
minimum payment threshold for the credit risk mitigant be consistent 
with standard market practice.\172\ A contractual minimum payment 
threshold refers to the delinquency condition that must exist before a 
credit event is deemed to have occurred under the terms of the credit 
protection. The proposed minimum payment threshold criterion is 
intended to prohibit an originating banking organization from 
recognizing any risk mitigating benefit for a synthetic securitization 
whose minimum payment threshold is so large that it allows for material 
losses to occur without triggering the credit protection acquired by 
the protection purchaser, as such provisions would interfere with an 
effective transfer of credit risk.
---------------------------------------------------------------------------

    \172\ For example, for derivative contracts written under ISDA 
Master Agreement documentation, standard market practice for 
contractual minimum payment thresholds would generally be $1 million 
(or the equivalent in other currencies), such as established in ISDA 
Credit Derivatives Definitions. See ISDA Credit Derivatives 
Definitions Section 4.5 ``Failure to Pay'' and Section 4.9(d) 
``Payment Requirement.''
---------------------------------------------------------------------------

    Question 68: What are the benefits and drawbacks of the proposed 
minimum payment threshold criterion? What, if any, additional criteria 
or clarifications should the agencies consider and why?
d. Resecuritization Exposures
    For a resecuritization exposure arising from a traditional 
securitization, if the operational requirements have been met, an 
originating banking organization would be required to exclude the 
transferred exposures from the

[[Page 14997]]

calculation of its risk-weighted assets and maintain risk-based capital 
against any credit risk it retains in connection with the 
resecuritization. Unlike in the case of a securitization exposure that 
is not a resecuritization exposure, the proposal would not provide the 
option for a banking organization to elect to treat a resecuritization 
exposure as if the underlying exposures had not been re-securitized. 
While a securitization of non-securitized assets can be used to 
diversify or transfer credit risk of those exposures, a 
resecuritization might not offer similar risk reduction or 
diversification benefits, particularly if the underlying exposures 
reflect similar high-risk tranches of other securitizations. Therefore, 
these resecuritization exposures warrant a higher regulatory capital 
requirement than that applicable to the underlying exposures.
    Similarly, for a resecuritization that is a synthetic 
securitization, if the operational requirements have been met, an 
originating banking organization would be required to recognize for 
risk-based capital purposes the use of a credit risk mitigant to hedge 
the underlying exposures and must hold capital against any credit risk 
of the resecuritization exposures it retains in connection with the 
synthetic securitization. These proposed operational requirements for 
resecuritization exposures are consistent with the Basel standards.
e. Clean-Up Calls
    The proposal would use the definition of a clean-up call in the 
current capital rule without change. The capital rule defines a clean-
up call as a contractual provision that permits an originating banking 
organization or servicer to call securitization exposures before their 
stated maturity date or call date. For an originating banking 
organization to exclude the underlying exposures from its risk-based 
capital calculation, any clean-up call associated with a securitization 
must be an eligible clean-up call.
    The proposal would expand the definition of an eligible clean-up 
call. Under the current capital rule, an eligible clean-up call is 
defined as a clean-up call that is exercisable solely at the discretion 
of the originator or servicer, is not structured to avoid allocating 
losses to securitization exposures held by investors or otherwise 
structured to provide credit enhancement to the securitization, and is 
only exercisable when 10 percent or less of the principal amount of the 
initial pool of underlying or reference exposures is outstanding. The 
proposal would expand the definition of an eligible clean-up call to 
also include clean-up calls exercisable when certain regulatory and tax 
events occur, in addition to the existing criteria under the current 
capital rule. Specifically, the modification would permit the exercise 
of a clean-up call upon the occurrence of (1) a regulatory event that 
significantly changes the risk-weighted asset amount for the 
securitization exposure under applicable risk-weighted asset standards 
of the agencies, or (2) a tax event that significantly changes the tax 
treatment of the securitization exposure under applicable tax laws. The 
events must represent final actions, such as a final rule adopted by 
the agencies or taxing authority, or a law enacted by Congress. 
Proposed rules or legislative bills would not satisfy this requirement.
    Question 69: What, if any, other modifications should the agencies 
consider for the definition of an eligible clean-up call and why?
3. Exposure Amount of a Securitization Exposure
    The proposal would maintain the exposure calculation methodology in 
the current capital rule for both on-balance-sheet and off-balance-
sheet securitization exposures. The exposure amount for an on-balance-
sheet securitization exposure that is not a repo-style transaction, an 
eligible margin loan, or a derivative contract (other than a credit 
derivative) would equal the carrying value of the exposure. For off-
balance- sheet securitization exposures that are not a repo-style 
transaction, eligible margin loan, or derivative contract (other than a 
credit derivative), the exposure amount would equal the notional amount 
of the exposure.\173\ For a securitization exposure that is a repo-
style transaction, eligible margin loan, or derivative contract (other 
than a credit derivative), the exposure amount would be calculated 
based on the proposed counterparty credit risk framework, described in 
section IV.A.4. of this SUPPLEMENTARY INFORMATION.
---------------------------------------------------------------------------

    \173\ The proposal would generally maintain the current capital 
rule's treatment for off-balance sheet securitization exposures to 
ABCP programs, with certain exceptions. The proposal would not 
include the specific treatments provided for such exposures in 
__.42(c)(3)(ii)-(iii) and __.44 in the current capital rule. The 
other elements of the proposed securitization framework (for 
example, the look through approach for senior securitization 
exposures) are intended to better reflect the risk of such 
exposures.
---------------------------------------------------------------------------

    Question 70: What, if any, clarifications should the agencies 
consider regarding the determination of the exposure amount for 
securitization exposures where one or more of the underlying exposures 
are off-balance sheet exposures (such as unfunded commitments)? 
Specifically, what are the advantages and disadvantages of a 
modification that would clarify that banking organizations could apply 
the same credit conversion factors described in section IV.A.1.b. of 
this SUPPLEMENTARY INFORMATION when calculating the components of the 
SEC-SA (GG, W parameter, attachment point A and detachment point D) for 
a securitization exposure where one or more of the underlying exposures 
are off-balance sheet exposures? What would be the effect of such a 
clarification on the volatility of the capital requirements?
4. Securitization Standardized Approach (SEC-SA)
    Under the proposal, a banking organization would determine the 
capital requirements for most securitization exposures under the SEC-
SA, which is generally consistent with the Basel standards. The SEC-SA 
would be substantively similar to the SSFA in the current capital rule 
except for certain changes as discussed below. Under the SEC-SA, a 
banking organization would determine the risk weight for a 
securitization exposure based on the risk weight of the underlying 
exposures that are adjusted to reflect (1) delinquencies in such 
exposures, (2) the securitization exposure's subordination level in the 
allocation of losses, and (3) the heightened correlation and additional 
risks inherent in securitizations relative to direct exposures to the 
underlying financial exposures.
    To calculate the risk weight for a securitization exposure using 
the SEC-SA, a banking organization would be required to have accurate 
information on the parameters used in the SEC-SA calculation. If the 
banking organization cannot, or chooses not to, apply the SEC-SA, the 
banking organization would be required to apply a 1,250 percent risk 
weight to the securitization exposure. For synthetic securitizations, 
the proposal would permit banking organizations to choose not to 
recognize the credit risk mitigant and hold risk-based capital against 
the underlying exposures as if they had not been synthetically 
securitized.
    Under the proposed SEC-SA, the risk weight assigned to a 
securitization exposure, or portion of a securitization

[[Page 14998]]

exposure, would be determined according to the formula under Sec.  
__.133(a) of the proposed rule, expressed as:
[GRAPHIC] [TIFF OMITTED] TP27MR26.069

Where:

 RWFLOOR is equal to 100 percent for resecuritization 
exposures and 15 percent for all other securitization exposures.
 KA represents the delinquency-adjusted, weighted-average 
capital requirement of the underlying exposures, as described in 
section IV.B.4.c. of this SUPPLEMENTARY INFORMATION.
 A represents the attachment point of the securitization 
exposure, as described in section IV.B.4.a. of this SUPPLEMENTARY 
INFORMATION.
 D represents the detachment point of the securitization 
exposure, as described in section IV.B.4.a. of this SUPPLEMENTARY 
INFORMATION.
[GRAPHIC] [TIFF OMITTED] TP27MR26.070

 u = D-KA
 l = max(A-KA,0)
 e equals the base of the natural logarithm.
a. Definition of Attachment Point and Detachment Point
    Under the current capital rule, the attachment point (parameter A) 
of a securitization exposure equals the ratio of (1) the current dollar 
amount of underlying exposures that are subordinated to the exposure of 
the banking organization to (2) the current dollar amount of underlying 
exposures. Any reserve account funded by the accumulated cash flows 
from the underlying exposures that is subordinated to the banking 
organization's securitization exposure may be included in the 
calculation of parameter A to the extent that cash is present in the 
account. The current capital rule generally requires a banking 
organization to recognize cash or securities that are included in a 
reserve account in the calculation of parameter A.\174\
---------------------------------------------------------------------------

    \174\ Consistent with the current capital rule, the proposal 
would require banking organizations to treat any assets that are 
included in a reserve account as underlying exposures of the 
securitization exposure, which must be reflected in parameters A and 
D as well as KG and the W parameter.
---------------------------------------------------------------------------

    The proposal would generally retain the existing definitions of 
attachment point and detachment point under the current capital rule, 
with one modification. Specifically, the proposal would not allow a 
banking organization to include interest rate derivative contracts and 
exchange rate derivative contracts, or the cash collateral accounts 
related to these instruments, in the calculation of parameters A and D. 
The agencies are proposing this treatment because assets held in a 
funded reserve account, whether cash or securities, can provide credit 
enhancement to a securitization exposure, whereas interest rate and 
foreign exchange derivatives (and any cash collateral held against 
these derivatives) do not.\175\
---------------------------------------------------------------------------

    \175\ For example, assume a securitization has assets 
denominated in U.S. dollars and liabilities denominated in euros, 
and that the securitization executes a USD-EUR foreign exchange swap 
with a banking organization. The transaction would serve to hedge 
the foreign exchange risk of the securitization's assets and 
liabilities, but would not provide credit enhancement to any of the 
tranches of the securitization.
---------------------------------------------------------------------------

b. Definition of W Parameter
    Under the current capital rule, parameter W, which is expressed as 
a decimal value between zero and one, reflects the proportion of 
underlying exposures that are not performing or are delinquent, 
according to criteria outlined in the rule.\176\ The proposal would 
retain the current capital rule's definition of parameter W, with two 
modifications. Specifically, the proposal would revise the definition 
of parameter W to (1) exclude any exposure that is directly and 
unconditionally guaranteed by the U.S. government, its central bank, or 
a U.S. government agency from the calculation of W, up to the amount of 
the guarantee; and (2) clarify that for resecuritization exposures, any 
underlying exposure that is a securitization exposure would only be 
included in the denominator of the ratio and would be excluded from the 
numerator of the ratio.
---------------------------------------------------------------------------

    \176\ Consistent with the current capital rule, the proposal 
would define equity exposure to include exposures to equity 
instruments that do not have mandatory contractual payments, among 
other requirements. Accordingly, under the proposal, for purposes of 
determining the W parameter for a securitization exposure, a banking 
organization would not treat an underlying equity exposure as being 
past due or in default on payments, but could treat an underlying 
equity exposure as subject to a bankruptcy or insolvency proceeding 
if the issuer of the equity exposure were subject to such a 
proceeding. See definition of equity exposure in Sec.  __.2 of the 
capital rule. 12 CFR 3.2 (OCC); 12 CFR 217.2 (Board); 12 CFR 324.2 
(FDIC).

---------------------------------------------------------------------------

[[Page 14999]]

    Under the proposal, a banking organization would exclude from the 
calculation of parameter W any exposure that is directly and 
unconditionally guaranteed by the U.S. government, its central bank, or 
a U.S. government agency, up to the amount of the guarantee. By 
allowing banking organizations to reflect the risk mitigation effects 
of the U.S. government's guarantee, the proposed modification is 
intended to more appropriately align the capital requirement with the 
risk of such securitization exposures. For example, when a banking 
organization invests in a securitization exposure where all of the 
underlying exposures are unconditionally guaranteed by the U.S. 
government, the banking organization may set parameter W equal to zero.
    For resecuritization exposures, parameter W would be the ratio of 
the sum of the current dollar amount of any underlying exposures of the 
resecuritization that meet any of the criteria in paragraphs 
__.133(b)(1)(i) through (vi) of the proposal that are not 
securitization exposures to the current dollar amount of all underlying 
exposures. Underlying securitization exposures do not need to be 
included in the numerator of parameter W because the risk weight of the 
underlying securitization exposure as calculated by the SEC-SA would 
already reflect the impact of any delinquent or otherwise nonperforming 
loans within the underlying securitization exposure. For example, if a 
resecuritization with a notional amount of $10 million includes 
underlying securitization exposures with a notional amount of $5 
million and underlying non-securitization exposures with a notional 
amount of $5 million, and if $500,000 of the non-securitization 
exposures are delinquent, the numerator for the W parameter would be 
$500,000 while the denominator for the W parameter would be $10 
million. This reflects the fact that the risk associated with 
securitization exposures generally arises from the underlying assets 
failing to perform as expected, resulting in investors receiving less 
cashflow than expected from the securitization exposure, rather than 
from securitization exposure itself failing to make payments due to 
investors.
    Question 71: The agencies seek comment on the appropriateness of 
requiring banking organizations to only include equity exposures when 
the issuer is subject to a bankruptcy or insolvency proceeding in the W 
parameter calculation. What, if any, alternative approaches (such as 
requiring banking organizations to include equity exposures when the 
issuer has an obligation to the banking organization that is 90-days or 
more past due) should the agencies consider that would more 
appropriately capture the proportion of underlying exposures that are 
not performing or are delinquent and why? What, if any, operational 
concerns could such alternatives pose?
c. Delinquency-Adjusted (KA) and Non-Adjusted 
(KG) Weighted-Average Capital Requirement of the Underlying 
Exposures
    Under the proposal, KA would reflect the delinquency-
adjusted, weighted-average capital requirement of the underlying 
exposures and would be a function of KG and parameter W. 
Under this approach, in order to calculate parameter W, and thus 
KA, the banking organization must know the delinquency 
status of all underlying exposures in the securitization. KG 
would equal the weighted average total capital requirement of the 
underlying exposures (with the unpaid principal used as the weight for 
each exposure), calculated using the proposed risk weights in the 
expanded risk-based approach, as described in section IV.A.2. of this 
SUPPLEMENTARY INFORMATION.
    The proposal would retain the current capital rule's definition of 
KG, with two modifications. First, for interest rate 
derivative contracts and exchange rate derivative contracts, the 
proposal would require banking organizations to include in the 
numerator of KG (and exclude from the denominator of 
KG) the product of (1) the positive current exposure, (2) 
the risk weight of the counterparty, and (3) by 0.08, consistent with 
the Basel standards. This accounts for the issue where, if amounts 
related to interest rate and exchange rate derivative contracts were 
included in both the numerator and denominator of KG, these 
contracts could reduce the capital requirement of securitization 
exposures even though interest rate and exchange rate derivative 
contracts do not provide any credit enhancement to a securitization.
    Second, the proposal would clarify the existing requirement that 
banking organizations must determine the risk weight applicable to an 
underlying equity exposure under the simple risk-weight approach, as 
described in section IV.C.2. of this SUPPLEMENTARY INFORMATION, based 
on the characteristics of the underlying equity exposure. Consistent 
with the treatment under the current capital rule, banking 
organizations would not be able to consider the underlying equity 
exposures as a non-significant equity exposure that receive a 100 
percent risk weight when determining KG. Unlike equity 
exposures to investment funds (as defined), traditional securitizations 
can include transactions with companies that have material liabilities 
and structures that allocate losses based on a predetermined order of 
priority (rather than on a pro-rata basis). Accordingly, unlike the 
look-through approaches applicable to underlying equity securities held 
by investment funds, the proposal would clarify that banking 
organizations may not calculate risk-based capital requirements for 
securitization exposures with underlying equity exposures as though the 
underlying equity exposures were on the banking organization's balance 
sheet. This clarification to the current capital rule promotes the risk 
sensitivity of the securitization framework by requiring banking 
organizations to reflect a risk weight based on the underlying 
exposure's risk characteristics and appropriately differentiates 
between the risk-based capital treatment applicable to investment funds 
and to securitization exposures.
    Question 72: Recognizing that banking organizations may not always 
know the delinquency status of each underlying exposure, what would be 
the benefits and drawbacks of allowing a banking organization to use 
the SEC-SA if the banking organization knows the delinquency status for 
most, but not all, of the underlying exposures? For example, if the 
banking organization knew the delinquency status of 95 percent of the 
exposures, what would be the benefits and drawbacks of allowing the 
banking organization to (1) split the underlying exposures into two 
subpools, (2) calculate a weighted average of the KA of the subpool 
comprising the underlying exposures for which the delinquency status is 
known, (3) assign a value of 1 for KA of the other subpool comprising 
exposures for which the delinquency status is unknown, and (4) assign a 
KA for the entire pool equal to the weighted average of the KA for each 
subpool? What other approaches, if any, should the agencies consider 
and why?
    Question 73: The agencies seek comment on the appropriateness of 
requiring banking organizations to reflect underlying past due 
exposures in both the KG and the W parameter components when 
calculating KA. To what extent could including past due exposures in 
both components result in overly punitive capital requirements for such 
exposures under SEC-SA? What, if any, alternatives (such as not 
applying the heightened 150 risk weight for past

[[Page 15000]]

due exposures for purposes of calculating KG) should the agencies 
consider and why? Commenters are encouraged to provide specific 
examples, including calculations and supporting data.
d. Supervisory Risk-Weight Floors
    Consistent with the SSFA in the current capital rule, the SEC-SA 
would require banking organizations to apply a risk-weight floor to all 
securitization exposures. The proposed risk-weight floor is intended to 
ensure that banking organizations maintain a minimum level of capital 
to account for risks that may not otherwise be captured by SEC-SA, such 
as modeling risks and correlation. The proposal would apply a risk-
weight floor of 15 percent for securitization exposures that are not 
resecuritization exposures. The 15 percent risk-weight floor is most 
relevant for more senior securitization exposures. While junior 
tranches can absorb a significant amount of credit or equity risk, 
senior tranches are still exposed to some amount of credit or equity 
risk on the underlying exposures. Therefore, a minimum capital 
requirement continues to be appropriate for all securitization 
exposures.
    For resecuritization exposures, the proposed SEC-SA approach would 
require banking organizations to apply a risk-weight floor of 100 
percent. The proposed 100 percent supervisory risk-weight floor for 
resecuritization exposures is intended to capture the greater 
complexity of such exposures and heightened correlation risks inherent 
in the underlying securitization exposures.\177\
---------------------------------------------------------------------------

    \177\ In a typical securitization exposure that is not a 
resecuritization, each underlying exposure is subject to 
idiosyncratic default risks (for example, the employment status of 
each obligor) which may exhibit lower relative default correlation. 
In a resecuritization exposure, the underlying exposures, which are 
typically tranches of securitizations, usually have credit 
enhancement from more junior tranches that protects against many 
idiosyncratic risks. Systematic risks are more likely to generate 
defaults in the underlying exposures of resecuritizations than 
idiosyncratic risks, but systematic risks are also much more likely 
to be correlated due to their system-wide nature; therefore, 
resecuritizations can be expected to have higher default 
correlations than other types of securitizations.
---------------------------------------------------------------------------

    Question 74: The agencies seek comment on the proposed 100 percent 
risk-weight floor for resecuritization exposures. What modifications, 
if any, should the agencies consider to the 100 percent risk-weight 
floor for resecuritization exposures and why? For example, what would 
be the pros and cons of excluding certain types of resecuritization 
exposures--such as resecuritizations of servicer cash advance 
receivables--from the 100 percent risk-weight floor and why? Commenters 
are encouraged to provide data (such as loss history) to support their 
recommendations.
5. Exceptions to the SEC-SA Risk-Based Capital Treatment for 
Securitization Exposures
    Securitization exposures sometimes contain features that, if not 
accounted for, could produce inconsistent outcomes under the SEC-SA, or 
in some cases make the calculation of the risk weight inoperable. 
Therefore, the proposal would include additional approaches for certain 
types of securitization exposures to more appropriately align the 
capital requirement with the risk of such securitization exposures.
a. Purchased Credit Derivatives
    As discussed previously in section IV.B.1.b. of this SUPPLEMENTARY 
INFORMATION, the proposal would modify paragraph (1) of the definition 
of traditional securitization to clarify that the securitization 
framework generally applies to exposures to companies with material 
liabilities that are not operating companies, and whose underlying 
exposures are primarily financial exposures. To further clarify the 
scope of exposures subject to the securitization framework under the 
current capital rule, the proposal would also remove the definition of 
securitization special purpose entity (SPE).
    Under the current capital rule, if a banking organization purchases 
a credit derivative (other than an nth-to-default credit derivative) 
that is recognized as a credit risk mitigant (including via recognized 
collateral) under the securitization framework, the banking 
organization is not required to compute a separate counterparty credit 
risk capital requirement. For purchased credit derivatives that a 
banking organization cannot or chooses not to recognize as a credit 
risk mitigant under the securitization framework, the current capital 
rule requires the banking organization to calculate an exposure amount 
using SA-CCR and to determine the applicable risk weight based on 
whether or not the counterparty is a securitization SPE.\178\ 
Specifically, if the counterparty is a securitization SPE, the banking 
organization must determine the risk weight based on the securitization 
framework; if the counterparty is not a securitization SPE, the banking 
organization must apply the risk weight applicable to the counterparty 
under the general credit risk framework.
---------------------------------------------------------------------------

    \178\ Securitization SPE under Sec.  __. 2 of the current 
capital rule means a corporation, trust, or other entity organized 
for the specific purpose of holding underlying exposures of a 
securitization, the activities of which are limited to those 
appropriate to accomplish this purpose, and the structure of which 
is intended to isolate the underlying exposures held by the entity 
from the credit risk of the seller of the underlying exposures to 
the entity. See 12 CFR 3.2 (OCC); 12 CFR 217.2 (Board); 12 CFR 324.2 
(FDIC).
---------------------------------------------------------------------------

    Consistent with the proposed technical modification to the 
definition of traditional securitization,\179\ the proposal would (1) 
remove the definition of securitization SPE, and (2) clarify that the 
risk weight applicable to purchased credit derivatives that a banking 
organization cannot or chooses not to recognize as a credit risk 
mitigant would be based on whether the counterparty is a securitization 
(that is, a non-operating company that holds the underlying exposures 
of a securitization transaction).
---------------------------------------------------------------------------

    \179\ The proposal would retain the existing definition of 
securitization exposure under the current capital rule. Under Sec.  
__. 2 of the current capital rule, securitization exposure means (1) 
an on-balance sheet or off-balance sheet credit exposure (including 
credit-enhancing representations and warranties) that arises from a 
traditional securitization or synthetic securitization (including a 
resecuritization), or (2) an exposure that directly or indirectly 
references a securitization exposure described in paragraph (1) of 
this definition. See 12 CFR 3.2 (OCC); 12 CFR 217.2 (Board); 12 CFR 
324.2 (FDIC).
---------------------------------------------------------------------------

b. Nth-to-Default Credit Derivatives
    Nth-to-default credit derivatives provide credit protection on a 
group of reference exposures only after a specific number (n) of the 
reference exposures default.\180\ As nth-to-default credit derivatives 
tranche the credit risk of the reference exposures based on the order 
in which defaults occur within the group of reference exposures, such 
credit derivatives would generally qualify as securitization exposures 
under the proposal, consistent with the current capital rule. Under the 
current capital rule, banking organizations that have purchased credit 
protection in the form of an nth-to-default credit derivative may 
recognize the risk-mitigating benefit of that derivative under the 
credit risk mitigation framework applicable to securitization exposures 
if certain conditions are met. If a banking organization sells 
protection in the form of an nth-to-default credit derivative, the 
current capital rule requires the banking

[[Page 15001]]

organization to calculate risk-weighted assets as the product of (1) 
the exposure amount produced by SA-CCR, and (2) either the risk weight 
produced by the SSFA or a 1,250 percent risk weight.
---------------------------------------------------------------------------

    \180\ Consistent with the current capital rule, the proposal 
would define an nth-to-default credit derivative as a credit 
derivative the provides credit protection only for the nth-
defaulting reference exposure in a group of reference exposures. See 
12 CFR 3.2 (OCC); 12 CFR 217.2 (Board); 12 CFR 324.2 (FDIC).
---------------------------------------------------------------------------

    Nth-to-default credit derivatives provide protection only for a 
limited number of default event(s) and, therefore, do not provide 
continuous or comprehensive coverage of credit risk for the entire 
basket of reference exposures. Furthermore, the current capital 
treatment of nth-to-default credit derivatives may not appropriately 
capture the default correlation among the reference exposures. For 
example, assume a banking organization with exposure to five corporate 
entities purchases an nth-to-default credit derivative that pays out 
upon the default of the second of the five corporate entities. In such 
a case, the banking organization would remain exposed to any losses 
incurred upon the first corporate entity default, as well as losses 
from any defaults beyond the second corporate entity default, if 
applicable. Conversely, a banking organization that sells an nth-to-
default credit derivative that provides protection against the default 
of the second corporate entity could incur losses exceeding the 
premiums collected from the protection purchaser if the defaults of the 
underlying corporates are highly correlated. Furthermore, the risk 
weight produced by the SEC-SA may not appropriately capture the risk of 
sold nth-to-default credit derivatives, which are priced based on the 
expected default correlation among the reference exposures.\181\
---------------------------------------------------------------------------

    \181\ As a standardized approach, the SEC-SA calculation does 
not explicitly capture default correlation among the underlying 
exposures (such as the possibility that multiple underlying 
exposures will default simultaneously or that the default of one 
underlying exposure may affect the likelihood of another underlying 
exposure defaulting). Instead, default correlation effects are 
implicitly incorporated through the supervisory parameter (p) in the 
SEC-SA calculation, which serves as a proxy for the concentration 
and correlation of the underlying exposures.
---------------------------------------------------------------------------

    Accordingly, consistent with the Basel standards, while nth-to-
default credit derivatives would continue to be securitization 
exposures, the proposal would not permit banking organizations to 
recognize any risk-mitigating benefit for nth-to-default credit 
derivatives for which the banking organization is the protection 
purchaser under the proposed securitization framework. Rather, the 
proposal would require banking organizations to calculate risk-weighted 
assets for counterparty credit risk using the exposure amount produced 
by SA-CCR, as described in section IV.A.4.b. of this SUPPLEMENTARY 
INFORMATION and the risk weight applicable to the protection provider 
under the general credit risk framework.
    Similarly, consistent with the Basel standards, while nth-to-
default credit derivatives in which the banking organization is the 
seller of protection would continue to be securitization exposures, the 
proposal would prohibit the banking organization from using the SEC-SA 
to determine the applicable risk weight. Rather, the proposal would 
generally require banking organizations to calculate the risk-weighted 
asset amount by multiplying the notional amount of the protection 
provided by the nth-to-default credit derivative by the sum of the risk 
weights applicable to each of the underlying reference exposures, up to 
a maximum of 1,250 percent. In aggregating the risk weights for second-
or-later-to-default credit derivatives, the proposal would permit 
banking organizations to exclude the (n-1) assets with the lowest risk 
weights from the calculation.\182\ This approach would require a 
banking organization to maintain capital based on the risk 
characteristics of all the underlying reference exposures in the basket 
on which it is providing protection, while recognizing that the banking 
organization is not required to make a payment unless ``n'' names in 
the basket default.
---------------------------------------------------------------------------

    \182\ For example, assume a banking organization sells a first-
to-default credit derivative that provides protection on three 
underlying corporate entities, two of which would be subject to a 65 
percent risk weight and one to a 100 percent risk weight under the 
proposal. The proposal would require the banking organization to 
multiply the sum of the three risk-weights (230 percent) by the 
notional amount of protection provided by the first-to-default 
credit derivative. If the banking organization sold a second-to-
default credit derivative that provided protection on the same three 
corporate entities, the proposal would require the banking 
organization to multiply the sum of the two highest applicable risk-
weights (165 percent) by the notional amount of protection provided 
by the second-to-default credit derivative.
---------------------------------------------------------------------------

c. Derivative Contracts That Do Not Provide Credit Enhancements
    The proposal would revise the risk weight for securitization 
exposures that are derivative contracts (other than protection provided 
by a banking organization in the form of a credit derivative) that have 
a first priority claim on the cash flows from the underlying exposures, 
notwithstanding amounts due under interest rate or currency derivative 
contracts, fees, or other similar payments. The current capital rule 
permits banking organizations to assign a risk-weighted asset amount 
for such securitization exposures equal to the exposure amount 
calculated under SA-CCR (corresponding to a 100 percent risk weight). 
The proposal would eliminate this option. Instead, a banking 
organization would determine the risk-weighted asset amount by 
multiplying (1) the exposure amount produced by the counterparty credit 
risk framework, as described in section IV.A.4. of this SUPPLEMENTARY 
INFORMATION, and (2) either the risk weight applicable to the exposure 
under the securitization framework or a 1,250 percent risk weight. The 
proposed treatment would be more risk sensitive and more accurately 
reflect the risks of such exposures than a flat 100 percent risk 
weight.
    Additionally, the proposal would provide a new treatment for 
certain interest rate or foreign exchange derivative contracts that 
qualify as securitization exposures. Some securitizations either make 
payments to investors in a different currency from the underlying 
exposures or make fixed payments to investors when the cash flows 
received on the underlying exposures are linked to a floating interest 
rate. To neutralize these foreign exchange or interest rate risks, a 
securitization may enter into a derivative contract that mirrors the 
currency or interest rate mismatch between the exposures and the 
tranches. Cash flows required to be paid to the derivative counterparty 
tend to have a claim senior to the investors in the cash flow 
waterfall, and therefore tend not to provide credit enhancement.
    The proposal would require a banking organization that acts as a 
counterparty to these types of interest rate and foreign exchange 
derivatives to set the risk weight on such derivatives equal to the 
risk weight calculated under the SEC-SA for a securitization exposure 
that is pari passu to the derivative contract or, if such an exposure 
does not exist, the risk weight of the next subordinated tranche of the 
securitization exposure. A banking organization may otherwise not be 
able to calculate a risk weight for these derivative contracts using 
the SEC-SA because the attachment and detachment points under the 
proposed formula could equal one another, rendering the formula 
inoperable. The proposed treatment, consistent with the Basel 
standards, is intended to appropriately reflect how the credit risk 
associated with these derivative contracts would be commensurate with 
or less than the credit risk associated with a pari passu tranche or 
the next subordinated tranche of a securitization exposure.
    Question 75: The current capital rule provides banking 
organizations the

[[Page 15002]]

option to assign a 100 percent risk weight to securitization exposures 
that are derivative contracts (other than protection provided by a 
banking organization in the form of a credit derivative) that have a 
first priority claim on the cash flows from the underlying exposures 
(notwithstanding amounts due under interest rate or currency derivative 
contracts, fees, or other similar payments). The agencies seek comment 
on the advantages and disadvantages of retaining this option. What, if 
any, operational burden would banking organizations face if this option 
were retained or eliminated? What, if any, clarifications should the 
agencies consider regarding the determination of the attachment point 
and detachment point for such securitization exposures, and why?
d. Overlapping Exposures
    To enhance the risk sensitivity of the securitization framework, 
the proposal would introduce new provisions to address instances where 
one of the banking organization's securitization exposures would 
preclude the banking organization from incurring losses under all 
circumstances on one or more separate securitization exposures also 
held by the banking organization (overlapping exposures). The 
standardized approach of the current capital rule includes provisions 
to limit the double counting of risks in situations involving 
overlapping securitization exposures. If a banking organization has 
multiple securitization exposures that provide duplicative coverage to 
the underlying exposures of a securitization (such as when a banking 
organization provides a program-wide credit enhancement and multiple 
pool-specific liquidity facilities to an ABCP program), the banking 
organization is not required to hold duplicative risk-based capital 
against the overlapping position. Instead, the banking organization may 
apply to the overlapping position the applicable risk-based capital 
treatment under the securitization framework that results in the 
highest risk-based capital requirement.
    Consistent with the Basel standards, the proposal would expand the 
treatment of overlapping exposures to allow banking organizations to 
also apply this treatment (1) where one or more of the overlapping 
securitization exposures would be subject to the expanded risk-based 
approach and other(s) to the proposed market risk framework, and (2) to 
securitization exposures that partially overlap for purposes of the 
expanded risk-based approach.
    First, to the extent that one or more of the such securitization 
exposures would be subject to the expanded risk-based approach and 
others to the revised market risk framework, the proposal would allow 
banking organizations to reflect only the greater of the risk-based 
capital requirement produced by the expanded risk-based approach or the 
market risk capital framework, provided the banking organization is 
able to calculate and compare the capital requirements for the relevant 
exposures.
    Second, if a banking organization has two or more securitization 
exposures that partially overlap, the proposal would permit the banking 
organization to treat the exposures as overlapping exposures, provided 
the banking organization can demonstrate that one of its securitization 
exposures can fully absorb losses arising from its other securitization 
exposures. For example, if a banking organization provides a program-
wide credit enhancement to an ABCP conduit that covers only the portion 
of the losses above the seller-provided protection \183\ and the 
banking organization also holds commercial paper issued by the ABCP 
conduit, the banking organization would be permitted to reflect the 
risk-weighted asset amount only for the program-wide credit 
enhancement, provided the banking organization demonstrates, for 
purposes of calculating risk-based capital requirements, that the 
program-wide credit enhancement would require the banking organization 
to fully absorb any losses arising from the ABCP conduit. As the risk-
based capital requirement for the program-wide credit enhancement would 
be treated as covering any losses on the commercial paper, the proposal 
would not require the banking organization to also maintain additional 
risk-based capital against the securitization exposure(s) arising from 
the commercial paper.
---------------------------------------------------------------------------

    \183\ For example, typically in the case of multi-seller ABCP 
conduits, each seller provides first-loss protection by over-
collateralizing the conduit to which it sells loans.
---------------------------------------------------------------------------

    In this regard, the proposal aims to increase risk-sensitivity by 
allowing banking organizations to appropriately reflect the risk of 
such overlapping exposures within the calculation of risk-weighted 
assets while also providing sufficient flexibility if doing so would 
impose significant burden.\184\
---------------------------------------------------------------------------

    \184\ For example, the proposed market risk capital framework 
would require banking organizations to calculate risk-based capital 
requirements at the trading desk level. Thus, the cost associated 
with requiring banking organizations to calculate market risk 
capital requirements for an individual securitization exposure may 
outweigh any improvement in risk sensitivity associated with the 
proposed treatment for overlapping exposures described above.
---------------------------------------------------------------------------

    Question 76: What challenges, if any, would the option to recognize 
an overlap between market risk covered and noncovered positions 
introduce? To what degree do banking organizations anticipate 
recognizing overlaps between market risk covered and noncovered 
positions?
e. Look-Through Approach for Senior Securitization Exposures
    Consistent with the Basel standards, the proposal would introduce a 
provision that would allow a banking organization to assign to a senior 
securitization exposure that is not a resecuritization exposure a risk 
weight equal to the weighted average risk weight of the underlying 
exposures, provided that the banking organization has knowledge of the 
composition of all of the underlying exposures (also referred to as the 
``look-through approach''). For purposes of calculating the weighted-
average risk weight, the proposal would require a banking organization 
to use (1) the unpaid principal amount of underlying exposures as the 
weight for each exposure, and (2) determine the risk weight applicable 
to an underlying equity exposure based on the characteristics of the 
underlying equity exposure.\185\
---------------------------------------------------------------------------

    \185\ As discussed in section IV.B.4.c. of this SUPPLEMENTARY 
INFORMATION, the non-significant equity exposure treatment does not 
apply to equity securities underlying a securitization.
---------------------------------------------------------------------------

    The proposal would define a senior securitization exposure as an 
exposure that has a first priority claim on the cash flows from the 
underlying exposures. When determining whether a securitization 
exposure has a first priority claim on the cash flows from the 
underlying exposures, a banking organization would not be required to 
consider amounts due under interest rate derivative contracts, currency 
derivative contracts, and servicer cash advance facility 
contracts,\186\ or any fees and other similar payments to be made by 
the securitization to other parties. Both the most senior commercial 
paper issued by an ABCP program and a liquidity facility that supports 
the ABCP program may be senior securitization exposures if the 
liquidity facility provider's right to reimbursement of the

[[Page 15003]]

drawn amounts is senior to all claims on the cash flows from the 
underlying exposures, except amounts due under interest rate derivative 
contracts, currency derivative contracts, and servicer cash advance 
facility contracts, fees due, and other similar payments. Accordingly, 
under the proposed look-through approach, if a senior securitization 
exposure's underlying exposures consists solely of past due loans with 
a weighted-average risk weight of 150 percent, the risk weight for the 
senior securitization exposure would be no more than 150 percent.
---------------------------------------------------------------------------

    \186\ Consistent with the current capital rule, the proposal 
would define a servicer cash advance facility as a facility under 
which the servicer of the underlying exposures of a securitization 
may advance cash to ensure an uninterrupted flow of payments to 
investors in the securitization, including advances made to cover 
foreclosure costs or other expenses to facilitate the timely 
collection of the underlying exposures. See 12 CFR 3.2 (OCC); 12 CFR 
217.2 (Board); 12 CFR 324.2 (FDIC).
---------------------------------------------------------------------------

    Consistent with the proposed 15 percent floor under the SEC-SA, the 
proposal would require banking organizations to floor the total risk-
based capital requirement under the look-through approach at 15 
percent. The proposed 15 percent floor is intended to appropriately 
reflect the minimum amount of risk-based capital that a banking 
organization should maintain for senior securitization exposures given 
that the process of securitization can introduce risks that are not 
present in directly holding the underlying exposures. For example, the 
transformation of risk profiles through the securitization process and 
the introduction of payment waterfalls, among other structural 
features, can add complexity to modeling and correlation assumptions.
    Question 77: What are the advantages and disadvantages of the 
proposed 15 percent risk weight floor in the look-through approach and 
why?
f. Credit-Enhancing Interest Only Strips
    The proposal would require a banking organization to deduct from 
common equity tier 1 capital any portion of a credit-enhancing 
interest-only strip\187\ that does not constitute an after-tax-gain-on 
sale, regardless of whether the securitization exposure meets the 
proposed operational requirements. The proposed treatment for credit-
enhancing interest-only strips would be different than under 
standardized approach in the current capital rule, which requires a 
risk weight of 1,250 percent for these items. The proposal would 
require banking organizations to deduct credit-enhancing interest-only 
strips from common equity tier 1 capital because valuations of credit-
enhancing interest-only strips can include a high degree of 
subjectivity and, just like assets subject to deduction under the 
current capital rule such as goodwill and other intangible assets, 
banking organizations may not be able to fully realize value from 
credit-enhancing interest-only strips based on their balance sheet 
carrying amounts. While a deduction is generally equivalent to a 1,250 
percent risk weight when the banking organization maintains an 8 
percent risk-based capital ratio, given the various capital ratios, 
buffers, and add-ons applicable to banking organizations subject to the 
proposed expanded risk-based approach, applying a deduction provides a 
more consistent treatment across capital ratios and greater consistency 
with the Basel standards.
---------------------------------------------------------------------------

    \187\ Consistent with the current capital rule, the proposal 
would define a credit-enhancing interest-only strip as an on-balance 
sheet asset that, in form or in substance (1) represents a 
contractual right to receive some or all of the interest and no more 
than a minimal amount of principal due on the underlying exposures 
of a securitization; and (2) exposes the holder of the CEIO to 
credit risk directly or indirectly associated with the underlying 
exposures that exceeds a pro rata share of the holder's claim on the 
underlying exposures, whether through subordination provisions or 
other credit-enhancement techniques. See 12 CFR 3.2 (OCC); 12 CFR 
217.2 (Board); 12 CFR 324.2 (FDIC).
---------------------------------------------------------------------------

g. Non-Performing Loan Securitizations
    The proposal would define a non-performing loan securitization as a 
traditional securitization, that is not a resecuritization, where 
parameter W for the underlying exposures is greater than or equal to 90 
percent at the origination cut-off date \188\ and at any subsequent 
date on which exposures are added to or removed from the pool of 
underlying exposures due to replenishment or restructuring. A 
securitization exposure that meets the definition of a resecuritization 
exposure would be excluded from the definition of a non-performing loan 
securitization.
---------------------------------------------------------------------------

    \188\ Cut-off date is the date on which the composition of the 
underlying exposures collateralizing a securitization transaction is 
established. This means that all exposures to be included in a 
securitization must already be in existence and meet the non-
performing loan criteria as of that date.
---------------------------------------------------------------------------

    In a typical non-performing loan securitization, the originating 
banking organization sells non-performing loans to a securitization at 
a significant discount to the outstanding loan balances, reflecting the 
nonperforming nature of the underlying exposures. This nonrefundable 
purchase price discount functions as a form of credit enhancement to 
investors. Unlike securitizations of performing loans, which 
principally depend on the cash flows of the underlying loans, the 
performance of non-performing loan securitizations depends in part on 
the performance of workouts on defaulted loans and on the liquidation 
of underlying collateral for those loans which are unable to be cured, 
both which are uncertain and could be volatile.
    Consistent with the Basel standards, the proposal would introduce a 
specific capital treatment for non-performing loan securitization 
exposures. A banking organization would assign a risk weight of 100 
percent to a non-performing loan securitization exposure if the 
following conditions are satisfied: (1) the transaction structure meets 
the definition of a traditional securitization; (2) the securitization 
contains a credit enhancement in the form of a nonrefundable purchase 
price discount greater than or equal to 50 percent of the outstanding 
balance of the underlying exposures at inception of the transaction; 
and (3) the banking organization's securitization exposure is a senior 
securitization exposure, as described in section IV.B.5.e. of this 
SUPPLEMENTARY INFORMATION.\189\ Applying the SEC-SA to senior 
securitizations of non-performing loans that meet these criteria would 
result in capital requirements that do not appropriately reflect the 
nonrefundable purchase price discount associated with these 
transactions. The SEC-SA is calibrated on the assumption that the 
underlying exposures at origination of the securitization are generally 
performing and is therefore inappropriate for senior exposures to 
securitizations of non-performing loans that meet these criteria.
---------------------------------------------------------------------------

    \189\ If the banking organization is an originating banking 
organization with respect to the non-performing loan securitization, 
the banking organization may maintain risk-based capital against the 
transferred exposures as if they had not been securitized and must 
deduct from common equity tier 1 capital any after-tax gain-on-sale 
resulting from the transaction and any portion of a CEIO strip that 
does not constitute an after-tax gain-on-sale.
---------------------------------------------------------------------------

    If the non-performing loan securitization exposure is not a senior 
securitization exposure or the nonrefundable purchase price discount is 
less than 50 percent, the banking organization would be required to 
apply the SEC-SA to determine the applicable risk weight (including by 
reflecting all delinquent exposures in the calculation of parameter W), 
subject to a risk weight floor of 100 percent. Compared to other 
securitizations, the higher supervisory risk-weight floor of 100 
percent for non-performing loan securitization exposures reflects the 
greater dependence of non-performing loan securitizations on the 
servicer's ability to generate recovery cashflows through loan 
workouts, borrower renegotiations, or enforcement against collateral. 
If the securitization exposure does not meet the requirements for use 
of the SEC-SA, the proposal would require the banking

[[Page 15004]]

organization to assign a risk weight of 1,250 to the securitization 
exposure.
    Question 78: The agencies seek comment on the proposed 100 percent 
risk-weight floor for non-performing loan securitization exposures. 
What modifications, if any, should the agencies consider to the 100 
percent risk-weight floor for non-performing loan securitization 
exposures and why? Commenters are encouraged to provide data (such as 
loss history) to support their recommendations.
i. Attachment and Detachment Points for NPL Securitizations Subject to 
the SEC-SA
    Under the proposal, the nonrefundable purchase price discount would 
equal the difference between the outstanding principal balance of the 
underlying exposures at the time of sale and the price at which these 
exposures are sold by the securitization originator \190\ on a final 
basis, without recourse, to a company the activities of which are 
limited to those appropriate for the specific purpose of holding the 
underlying exposures of a securitization. The purchase price discount 
would be considered non-refundable when neither the securitization 
originator nor the original lender are reimbursed with respect to that 
difference. For any given tranche of the securitization, a banking 
organization may take into account only the initial sale from the 
securitization originator in the determination of the non-refundable 
purchase price discount. In cases where the securitization originator 
underwrites tranches of a non-performing loan securitization for 
subsequent sale, an investing banking organization may include in the 
calculation of the nonrefundable purchase price discount the difference 
between the outstanding principal balance of the underlying exposures 
at time of sale and the price at which the securitization originator 
subsequently sells all of the underwritten tranches to unrelated third 
parties.
---------------------------------------------------------------------------

    \190\ While originator typically refers to the party originating 
the underlying loans, in the non-performing loan context it refers 
to the party arranging the non-performing loan securitization (that 
is, the securitizer).
---------------------------------------------------------------------------

    Because the calculation of both parameters A and D depend on the 
current dollar amount of the underlying exposures, any nonrefundable 
purchase price discount associated with a securitization would be 
included in both the numerator and denominator of parameters A and D. 
For example, assume an originating banking organization sells on a 
final basis, without recourse, a pool of mortgage loans with an 
outstanding principal balance of $100 million to a securitization at a 
price of $60 million. The nonrefundable purchase price discount would 
be the difference between the outstanding principal balances of the 
underlying mortgages at the time of sale to the securitization and the 
price at which the originating banking organization sold these 
mortgages to the securitization company (that is, $40 million). Assume 
that the securitization company issues $60 million in securitization 
tranches of which the originating banking organization purchases the 
senior $50 million tranche and an investing banking organization 
purchases the $10 million subordinate tranche. Parameter A for the 
investing banking organization's exposure would equal 40 percent (that 
is, the ratio of $40 million to $100 million). In this case, the 
purchase price discount functions as the effective first-loss position 
in the securitization structure. Likewise, the originating banking 
organization would treat both the nonrefundable purchase price discount 
and the investing banking organization's tranche as subordinate and 
would set parameter A at 50 percent.
    If, in the example above, after selling the $100 million pool of 
mortgage loans to a securitization company at a price of $60 million, 
the originating banking organization underwrites both the senior 
tranche and the subordinate tranche and later sells both tranches to 
third parties at a 20 percent discount (that is, the $10 million 
subordinated tranche is sold for a price of $8 million and the $50 
million senior tranche is sold for a price of $40 million), the 
proposal would allow the investing banking organizations to assign an 
attachment point that reflects the extent to which losses have 
effectively been absorbed by the non-refundable purchase price 
discount, as measured by the difference between the outstanding 
principal amount of the underlying exposures ($100 million) and the 
aggregate price at which the originating bank subsequently sells those 
securitization tranches to unrelated third parties ($48 million). The 
originating banking organization as underwriter absorbs the additional 
20 percent price discount at the sale of the tranches.\191\ Thus, the 
investing banking organization that purchases the $8 million 
subordinate tranche would be permitted to assign an attachment point of 
52 percent and a detachment point of 60 percent to its securitization 
exposure; the investing banking organization that purchases the $40 
million senior tranche would be permitted to assign an attachment point 
of 60 percent and a detachment point of 100 percent to its 
securitization exposure.
---------------------------------------------------------------------------

    \191\ Under the proposal, a purchase price discount would only 
qualify as a non-refundable purchase price discount if neither the 
securitization originator nor the original lender receive 
reimbursement of the discount. If, in the above example, the 
securitization company repays the originating banking organization, 
acting in its role as underwriter, for the purchase price discount 
from the sale of the tranches to third-party investors, the purchase 
price discount would not qualify as a non-refundable purchase price 
discount and the investing banking organizations would not be 
permitted to recognize such a discount in the calculation of 
parameters A and D.
---------------------------------------------------------------------------

6. Credit Risk Mitigation for Securitization Exposures
    The proposal would incorporate the credit risk mitigation framework 
for securitization exposures in the current standardized approach, with 
one exception.\192\ A banking organization that purchases or sells 
tranched credit protection, whether hedged or unhedged, referencing 
part of a senior tranche would not be allowed to treat the lower-
priority portion that the credit protection does not reference as a 
senior securitization exposure. For example, if a banking organization 
holds a securitization exposure with an attachment point of 20 percent 
and a detachment point of 100 percent and the banking organization 
purchases an eligible guarantee with an attachment point of 50 percent 
and a detachment point of 100 percent, the banking organization's 
residual exposure, which attaches at 20 percent and detaches at 50 
percent, would be considered a non-senior securitization exposure, and 
the banking organization would not be permitted to apply the look-
through approach to this exposure. A banking organization that 
purchases a mezzanine tranche that attaches at 20 percent and detaches 
at 50 percent has a similar economic exposure to a banking organization 
that purchases a senior

[[Page 15005]]

tranche that attaches at 20 percent and detaches at 100 percent and 
then purchases credit protection that attaches at 50 percent and 
detaches at 100 percent. Because the former transaction would not be 
considered a senior securitization exposure eligible for the look-
through approach, the latter transaction likewise should not be 
eligible for the look-through approach. Alternatively, the banking 
organization may choose not to recognize the tranched credit 
protection. In this case, the proposal would allow the banking 
organization to treat the securitization exposure (which attaches at 20 
percent and detaches at 100 percent) as a senior securitization 
exposure.
---------------------------------------------------------------------------

    \192\ As discussed in section IV.A.4. of this SUPPLEMENTARY 
INFORMATION, the proposal would increase consistency and 
comparability of capital requirements by reducing the use of bank 
models. Therefore, the proposal does not include the model-based 
approaches currently contained in the credit risk mitigation 
framework under the advanced approaches (such as allowing banking 
organizations to use their own internal estimates for calculating 
haircuts under the collateral haircut approach and allowing the use 
of the internal models methodology or simple value at risk 
methodology for measuring counterparty credit risk). Instead, 
consistent with the standardized approach in the current capital 
rule, the proposed credit risk mitigation framework for 
securitization exposures would permit the recognition of a credit 
risk mitigant only to the extent consistent with the requirements of 
Sec.  __.120 or 121, as applicable, as well as the requirements of 
the proposed securitization framework.
---------------------------------------------------------------------------

C. Equity Exposures

    Equity exposures present a greater risk of loss relative to credit 
exposures, as equity exposures represent an ownership interest in the 
issuer of an equity instrument and is a residual claim on the assets 
and income of the issuer. An equity exposure entitles a banking 
organization to no more than the pro-rata residual value of a company 
after all other creditors are repaid.\193\ As a result, consistent with 
the current capital rule, the proposal would generally assign higher 
risk weights to equity exposures than exposures subject to the proposed 
credit risk framework.
---------------------------------------------------------------------------

    \193\ For example, exposures that could be characterized as an 
equity exposure under the current capital rule and under the 
proposal include a short position in an equity security or an equity 
total return swap. See 12 CFR 3.2 (OCC); 12 CFR 217.2 (Board); 12 
CFR 324.2 (FDIC) for the definition of equity exposure.
---------------------------------------------------------------------------

    Under the proposal, for banking organizations subject to the market 
risk framework, material publicly traded equity exposures would 
generally be subject to the proposed market risk framework \194\ 
described in section V.A. of this SUPPLEMENTARY INFORMATION, unless 
restrictions exist on the tradability of such exposures. Similarly, 
equity exposures to investment funds would be subject to the proposed 
market risk framework when the following conditions are met: (1) the 
banking organization has access to the investment fund's prospectus, 
partnership agreement, or similar contract that defines the fund's 
permissible investments and investment limits, and (2) the banking 
organization is either able to calculate a market risk capital 
requirement for its proportional ownership share of each exposure held 
by the investment fund, or obtain daily price quotes. For banking 
organizations with significant trading activity, the proposed equity 
framework would therefore primarily cover illiquid or infrequently 
traded equity exposures. For banking organizations without significant 
trading activity, the proposed equity framework would be used to 
calculate risk-weighted assets for all equity exposures.
---------------------------------------------------------------------------

    \194\ See Sec.  __.202 for the proposed definition of market 
risk covered position.
---------------------------------------------------------------------------

    The proposed framework would largely maintain the current 
standardized approach equity framework. The proposal would make one 
targeted modification to align the treatment of commitments within the 
expanded risk-based approach. Specifically, the proposal would simplify 
the current rule's conversion factors for conditional commitments to 
acquire an equity exposure.
1. Adjusted Carrying Value
    The proposal would retain the risk-weighted asset amount 
calculation under the current capital rule.\195\ In addition, the 
proposal would maintain the current capital rule's methods for 
calculating the adjusted carrying value for equity exposures, with one 
exception. Consistent with the update to credit conversion factors 
described in section IV.A.3.b. of this SUPPLEMENTARY INFORMATION, the 
proposal would simplify the treatment of conditional commitments to 
acquire an equity exposure by removing the differentiation of 
conversion factors by maturity. The proposal would require a banking 
organization to multiply the effective notional principal amount of a 
conditional commitment by a 40 percent conversion factor to calculate 
its adjusted carrying value. This change is consistent with the Basel 
standards, promoting international alignment, and removes incentives 
for firms to structure commitments based on maturity date to avoid the 
higher 50 percent conversion factor under the current rule in favor of 
the lower 20 percent conversion factor.
---------------------------------------------------------------------------

    \195\ See 78 FR 62124.
---------------------------------------------------------------------------

    Under the proposal, the adjusted carrying value of an equity 
exposure, including equity exposures to investment funds, would be 
based on the type of exposure, as described in Table 1 below.

[[Page 15006]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.071

2. Simple Risk-Weight Approach (SRWA)
---------------------------------------------------------------------------

    \196\ Consistent with the current capital rule, the proposal 
includes the concept of the effective notional principal amount of 
the off-balance sheet portion of an equity exposure to provide a 
uniform method for banking organizations to measure the on-balance 
sheet equivalent of an off-balance sheet exposure. For example, if 
the value of a derivative contract referencing the common stock of 
company X changes the same amount as the value of 150 shares of 
common stock of company X, for a small change (for example, 1.0 
percent) in the value of the common stock of company X, the 
effective notional principal amount of the derivative contract is 
the current value of 150 shares of common stock of company X, 
regardless of the number of shares the derivative contract 
references. The adjusted carrying value of the off-balance sheet 
component of this derivative is the current value of shares of 
common stock of company X minus the adjusted carrying value of any 
on-balance sheet amount associated with the derivative.
    \197\ Consistent with the current capital rule, the proposal 
would allow a banking organization to choose not to hold risk-based 
capital against the counterparty credit risk of equity derivative 
contracts, as long as it does so for all such contracts. Where the 
equity derivative contracts are subject to a qualified master 
netting agreement, the proposal would require the banking 
organization to either include all or exclude all of the contracts 
from any measure used to determine counterparty credit risk 
exposure. See Sec.  __.114(d) of the proposal.
---------------------------------------------------------------------------

    Under the proposal, the risk-weighted asset amount for an equity 
exposure, except for equity exposures to investment funds, would be the 
product of the adjusted carrying value of the equity exposure 
multiplied by the lowest applicable risk weight, as described in Table 
2 below. The proposed simple risk-weight approach maintains the same 
risk weights applicable to equity exposures under the current capital 
rule.

[[Page 15007]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.072

a. Alternative Approach
    The proposal would maintain the current capital rule's treatment of 
non-significant equity exposures. Non-significant equity exposures 
means equity exposures to the extent that the aggregate adjusted 
carrying value of the banking organization's equity exposure does not 
exceed 10 percent of the banking organization's total capital.\201\ 
Non-significant equity exposures receive a 100 percent risk weight 
under the current capital rule.
---------------------------------------------------------------------------

    \198\ Under the proposal, specified supranational entities would 
include the Bank for International Settlements, the European Central 
Bank, the European Commission, the International Monetary Fund, the 
European Stability Mechanism, and the European Financial Stability 
Facility. Consistent with the current capital rule, equity exposures 
to such entities would continue to be subject to a zero percent risk 
weight for the purposes of the simple risk weight approach.
    \199\ See 78 FR 62124 (Oct. 11, 2013).
    \200\ The proposal would rely on the existing definition of 
publicly traded under the current capital rule. See 12 CFR 3.2 
(OCC); 12 CFR 217.2 (Board); 12 CFR 324.2 (FDIC).
    \201\ See __.141(b).
---------------------------------------------------------------------------

    To increase the risk sensitivity of the proposed equity framework, 
the agencies considered the following alternative approach: (1) remove 
the 100 percent risk weight for non-significant equity exposures, (2) 
introduce a 100 percent risk weight for certain tax equity financing 
transactions and equity exposures to Small Business Investment 
Companies,\202\ (3) lower the risk weight for publicly traded equity 
exposures from 300 percent to 250 percent,\203\ and (4) increase the 
risk weight applicable to equity exposures to investment firms with 
greater than immaterial leverage

[[Page 15008]]

and that would meet the definition of a traditional securitization were 
it not for the application of paragraph (8) of that definition from 600 
percent to 1,250 percent. Outside of those changes under consideration, 
the agencies would retain the current capital rule's risk weights for 
equity exposures, the hedge pair treatment, and look-through approaches 
for equity investment in funds. This alternative approach would 
increase risk sensitivity by requiring banking organizations to apply a 
risk weight based on the characteristics of each equity exposure, 
rather than only for those in excess of 10 percent of the banking 
organization's total capital. Conversely, the agencies recognize that 
implementing this alternative approach would increase the operational 
burden associated with the proposal as banking organizations have 
developed internal reporting systems and processes to apply the current 
capital rule's 100 percent risk weight for non-significant equity 
exposures.
---------------------------------------------------------------------------

    \202\ Under the current capital rule, when determining which 
equity exposures are ``non-significant'' and thus eligible for a 100 
percent risk weight, a banking organization first must include 
equity exposures to an unconsolidated small business investment 
company or held through a consolidated small business investment 
company described in section 302 of the Small Business Investment 
Act of 1958 (15 U.S.C. 682).
    \203\ The 250 percent risk weight for publicly traded equities 
would be consistent with the Basel standards.
---------------------------------------------------------------------------

    Given that the proposed equity framework captures a more limited 
set of exposures compared to the current rule,\204\ the agencies 
determined that the cost associated with replacing the current 
treatment for non-significant equity exposures may be higher than the 
improvement in risk sensitivity associated with the alternative 
approach described above. As such, to balance risk sensitivity with 
burden, the proposed simple risk weight approach retains the current 
capital rule's treatment for non-significant equity exposures.
---------------------------------------------------------------------------

    \204\ A significant portion of publicly traded equity exposures 
and equity investment in funds exposures will be considered market 
risk covered positions. See Sec.  __.202 for the proposed definition 
of market risk covered position.
---------------------------------------------------------------------------

    Question 79: What are the advantages and disadvantages of the 
proposed 40 percent conversion factor for calculating the adjusted 
carrying value of conditional equity commitments? How appropriate is 
this proposed conversion factor for capturing the risk that such 
commitments will become on-balance sheet equity exposures? What 
alternative approaches or conversion factor values might better reflect 
the risk profile of conditional equity commitments, and what would be 
the potential costs and benefits of such alternatives?
    Question 80: What are the advantages and disadvantages of using a 
treatment for conditional commitments which differentiates conversion 
factors based on maturity, and would apply a 20 percent credit 
conversion factor to those commitments with an original maturity of one 
year or less, and a 50 percent conversion factor to those with an 
original maturity of more than one year?
    Question 81: The agencies request comment on the proposed 100 
percent risk weight for non-significant equity exposures. What are the 
advantages or disadvantages of replacing the proposed treatment of 
equity exposures with the alternative approach described above? What 
other alternatives should the agencies consider, and what would be the 
advantages and disadvantages of such alternatives?
    Question 82: For what, if any, types of exposures would a 100 
percent risk weight and classification as non-significant equity 
exposure be inappropriate and why? What specific characteristics of 
these exposures would warrant a different risk weight treatment?
    Question 83: Certain equity exposures, such as certain tax equity 
financing transactions, may have a different risk profile than general 
equity exposures. What types of equity exposures have risk profiles 
that differ materially from general equity exposures? What risk weights 
would be appropriate for such exposures, and what are the benefits and 
costs of applying different risk weight treatments? Please provide 
relevant data to support your views, including historical loss data and 
information on risk characteristics of these exposures.

D. Operational Risk

    The proposal would include an operational risk capital requirement. 
Operational risk is defined in the current capital rule as the risk of 
loss resulting from inadequate or failed internal processes, people, 
and systems, or from external events.\205\ It includes a wide range of 
risks, such as fraud, system failures, business disruptions, damage to 
physical assets, cyberattacks, and litigation. Operational risk is 
present across banking products, activities, processes, and systems and 
has resulted in substantial financial losses for large banking 
organizations in the United States.\206\
---------------------------------------------------------------------------

    \205\ See 12 CFR 3.101 (OCC); 217.101 (Board); 12 CFR 324.101 
(FDIC). Under the proposal, the definition of operational risk would 
include legal risk, but exclude strategic risk.
    \206\ There are several examples of large banking organizations 
experiencing severe operational losses. Multiple banking 
organizations have suffered substantial losses due to rogue trading. 
Large U.S. banking organizations have also experienced billions of 
dollars in operational losses from legal settlements relating to 
improper loan origination, securitization, and foreclosure practices 
associated with the 2007-09 global financial crisis. Some banking 
organizations have experienced substantial losses from legal 
settlements relating to the violation of sanctions put in place by 
the United States. Additionally, a large banking organization 
experienced substantial operational losses due to a fake-accounts 
scandal.
    See, e.g., M. Jeremy, ``Leeson pleads guilty to two charges in 
Barings collapse, and may cooperate,'' The Wall Street Journal (Dec. 
1, 1995); and Nicola Clark and David Jolly, ``French Bank Says Rogue 
Trader Lost $7 Billion,'' The New York Times, (Jan. 25, 2008).
    See, e.g., U.S. Dep't of Justice, Press Release, Federal 
Government and State Attorneys General Reach $25 Billion Agreement 
with Five Largest Mortgage Servicers to Address Mortgage Loan 
Servicing and Foreclosure Abuses (Feb. 9, 2012), https://www.justice.gov/opa/pr/federal-government-and-state-attorneys-general-reach-25-billion-agreement-five-largest; U.S. Dep't of 
Justice, Press Release, Justice Department, Federal and State 
Partners Secure Record $13 Billion Global Settlement with JPMorgan 
for Misleading Investors About Securities Containing Toxic Mortgages 
(Nov. 9, 2013), https://www.justice.gov/opa/pr/justice-department-federal-and-state-partners-secure-record-13-billion-global-settlement; FHFA, Press Release, FHFA Announces $9.3 Billion 
Settlement With Bank of America Corporation (Mar. 26, 2014), https://www.fhfa.gov/news/news-release/fhfa-announces-9.3-billion-settlement-with-bank-of-america-corporation; U.S. Dep't of Justice, 
Press Release, Bank of America to Pay $16.65 Billion in Historic 
Justice Department Settlement for Financial Fraud Leading up to and 
During the Financial Crisis (Aug. 21, 2014), 21, 2014), https://www.justice.gov/opa/pr/bank-america-pay-1665-billion-historic-justice-department-settlement-financial-fraud-leadinghttps://www.justice.gov/opa/pr/bank-america-pay-1665-billion-historic-justice-department-settlement-financial-fraud-leading; U.S. Dept' of 
Justice, Press Release, Justice Department, Federal and State 
Partners Secure Record $7 Billion Global Settlement with Citigroup 
for Misleading Investors About Securities Containing Toxic Mortgages 
(July 14, 2014), https://www.justice.gov/opa/pr/justice-department-federal-and-state-partners-secure-record-7-billion-global-settlementhttps://www.justice.gov/opa/pr/justice-department-federal-and-state-partners-secure-record-7-billion-global-settlement; U.S. 
Dep't of Justice, Press Release, BNP Paribas Sentenced for 
Conspiring to Violate the International Emergency Economic Powers 
Act and the Trading with the Enemy Act (May 1, 2015), https://www.justice.gov/opa/pr/bnp-paribas-sentenced-conspiring-violate-international-emergency-economic-powers-act-and;U.S. Dep't of 
Justice, Press Release, Morgan Stanley Agrees to Pay $2.6 Billion 
Penalty in Connection with Its Sale of Residential Mortgage Backed 
Securities (Feb. 11, 2016), https://www.justice.gov/opa/pr/morgan-stanley-agrees-pay-26-billion-penalty-connection-its-sale-residential-mortgage-backed; U.S. Dep't of Justice, Press Release, 
Deutsche Bank Agrees to Pay $7.2 Billion for Misleading Investors in 
its Sale of Residential Mortgage-Backed Securities (Jan. 17, 2017), 
https://www.justice.gov/opa/pr/deutsche-bank-agrees-pay-72-billion-misleading-investors-its-sale-residential-mortgage-backed; U.S. 
Dep't of Justice, Press Release, Credit Suisse Agrees to Pay $5.28 
Billion in Connection with its Sale of Residential Mortgage-Backed 
Securities (Jan. 18, 2017), https://www.justice.gov/opa/pr/deutsche-bank-agrees-pay-72-billion-misleading-investors-its-sale-residential-mortgage-backed; U.S. Dep't of Justice, Press Release, 
Credit Suisse Agrees to Pay $5.28 Billion in Connection with its 
Sale of Residential Mortgage-Backed Securities (Jan. 18, 2017), 
https://www.justice.gov/opa/pr/credit-suisse-agrees-pay-528-billion-connection-its-sale-residential-mortgage-backed; and U.S. Dep't of 
Treasury, Office of Foreign Assets Control, Press Release, 
Settlement Agreement between the U.S. Department of the Treasury's 
Office of Foreign Assets Control and JPMorgan Chase Bank, N.A. 
(JPMC), and Finding of Violation issued to JPMC (Oct. 5, 2018), 
https://ofac.treasury.gov/recent-actions/20181005 (each describing a 
settlement between the U.S. government and large banking 
organizations involving substantial payments by banking 
organizations to resolve allegations of misconduct).
    See, e.g., Jackie Wattles, Ben Geir, Matt Egan, and Danielle 
Wiener-Bronner, ``Wells Fargo's 20-Month Nightmare,'' CNN Money 
(Apr. 24, 2018).

---------------------------------------------------------------------------

[[Page 15009]]

    In total, Category I and II holding companies have experienced over 
$308 billion in operational losses between 2007Q1 and 2025Q2.\207\ 
These totals include large operational losses from activities that 
typically do not result in substantial credit or market risk-weighted 
assets, such as certain fee-based activities, indicating that 
operational risk can represent the main source of risk for activities 
that have a limited balance sheet footprint.
---------------------------------------------------------------------------

    \207\ The $308 billion figure was calculated by adding together 
all operational loss events that resulted in a net loss amount of 
$20,000 or more and were reported in the FR Y-14Q form.
---------------------------------------------------------------------------

    In addition to their substantial stand-alone materiality, empirical 
academic research supports that operational losses tend to increase 
during economic downturns.\208\ In some cases, operational losses only 
become apparent once a banking organization is otherwise under stress, 
with economic downturns and reductions in asset values exposing 
previous operational failures and fraud.\209\ For example, the 
operational failures and fraud of a rogue trader within Barings Bank 
only became known after the fall in asset values within Asian financial 
markets following the 1995 Kobe earthquake. These operational losses 
ultimately resulted in the bank's failure.\210\ Similarly, substantial 
operational losses followed from the Enron and Worldcom fraud scandals, 
which coincided with a stock market downturn in the early 2000s.\211\ 
The fall in asset values during the 2007-09 financial crisis was a key 
factor in exposing Bernard Madoff's ponzi scheme and mortgage servicing 
abuses, which led to severe operational losses for certain large 
banking organizations.\212\
---------------------------------------------------------------------------

    \208\ Using a summary measure for the macroeconomic environment, 
Abdymomunov et al. (2020) find that operational losses increase by 
16.5 percent for a one standard deviation decrease in the 
macroeconomic measure. Similarly, Allen and Bali (2007) find that 
operational risk is cyclical and relates to measures of the 
macroeconomy and systemic risk. Chernobai et al. (2011) find that 
operational risk is higher for firms with higher credit risk. Hess 
(2011) finds that measures of operational risk for several business 
lines increased meaningfully after the 2007-09 financial crisis. 
Cope and Carrivick (2013) find that operational loss frequency and 
severity increased due to the 2007-09 financial crisis. And Aldosoro 
et al. (2023) find that operational losses peaked during the 2007-09 
financial crisis and that operational losses increase after periods 
of accommodative monetary policy. Relatedly, Berger et al. (2022) 
find that operational losses increase the systemic risk posed by 
large U.S. banking organizations. See Abdymomunov, Azamat, Filippo 
Curti, and Atanas Mihov, ``U.S Banking Sector Operational Losses and 
the Macroeconomic Environment,'' Journal of Money, Credit, and 
Banking, Vol. 52, No.1, pages 115-144 (2020); Allen, Linda, and 
Turan G. Bali, ``Cyclicality in catastrophic and operational risk 
measurements,'' Journal of Banking & Finance 31, pages 1191-1235 
(2007); Chernobai, Anna, Phillippe Jorion, and Fan Yu, ``The 
Determinants of Operational Risk in U.S. Financial Institutions,'' 
Journal of Financial and Quantitative Analysis, Vol. 46, No. 6, 
pages 1683-1725 (2011); Hess, Christian, ``The impact of the 
financial crisis on operational risk in the financial services 
industry: empirical evidence,'' The Journal of Operational Risk, 
Volume 6, Number 1, pages 23-35 (2011); Cope, Eric W., and Luke 
Carrivick, ``Effects of the financial crisis on banking operational 
losses,'' Journal of Operational Risk 8(3), pages 3-29 (2013); 
Aldosoro, Inaki, Leonardo Gambacorta, Paolo Giudici, and Thomas 
Leach, ``Operational and Cyber Risks in the Financial Sector,'' 
International Journal of Central Banking Vol. 19, No. 5, pages 341-
402 (2023); Berger, Allen N., Filippo Curti, Atanas Mihov, and John 
Sedunov, ``Operational Risk is More Systemic than You Think: 
Evidence from U.S. Bank Holding Companies;'' Journal of Banking and 
Finance 143, 106619 (2022).
    \209\ See Paul Povel, Rajdeep Singh, and Andrew Winton, ``Booms, 
Busts, and Fraud'' The Review of Financial Studies, 1219-1254 
(2007); and Robert T. Stewart, ``Bank fraud and the macroeconomy,'' 
Journal of Operational Risk 11(1), 71-82 (2016).
    \210\ The inclusion of operational risk in the Basel II 
standards was driven in part by Barings Bank's failure in 1995. 
Barings Bank, originally founded in 1762, collapsed after 
discovering that one of its Singapore branch traders lost $1.3 
billion in unauthorized derivatives trades made through the bank's 
error accounts. One of the lessons from the failure of Barings Bank 
is that a bank's capital could be depleted through rogue traders and 
other operational events, not just through credit and market losses. 
See Michael S. Barr, Howell E. Jackson, Margaret E. Tahyar, 
Financial Regulation: Law and Policy (2021).
    \211\ On the operational losses caused by the Enron scandal, see 
https://www.nytimes.com/2005/06/15/business/jp-morgan-chase-to-pay-enron-investors-22-billion.html; https://www.nytimes.com/2005/06/15/business/jp-morgan-chase-to-pay-enron-investors-22-billion.html; 
https://www.nytimes.com/2008/03/27/business/27enron.html; https://www.nytimes.com/2008/03/27/business/27enron.html; and Vaugh K. 
Reynolds, ``The Citigroup and J.P Morgan Chase Enron Settlements: 
The Impact on the Financial Industry'' North Carolina Banking 
Institute--Financial Accounting and Derivatives (2004), https://scholarship.law.unc.edu/cgi/viewcontent.cgi?article=1143&context=ncbi.
    On the operational losses caused by the WorldCom scandal, see 
https://www.nytimes.com/2005/03/13/business/yourmoney/worldcom-teaches-a-pricey-lesson.html and https://www.wsj.com/articles/SB110985786525469459.
    \212\ On the operational losses caused by the Bernard Madoff 
scandal, see https://www.justice.gov/usao-sdny/pr/manhattan-us-attorney-and-fbi-assistant-director-charge-announce-filing-criminal. 
On operational losses resulting from mortgage servicing abuses, see 
https://www.justice.gov/opa/pr/federal-government-and-state-attorneys-general-reach-25-billion-agreement-five-largest.
---------------------------------------------------------------------------

    For these reasons, the agencies are proposing to account for 
operational risk together with credit risk and market risk in the 
capital framework applicable to Category I and II banking organizations 
to help ensure their safety and soundness and bolster U.S. financial 
stability.
    Under the current capital rule, Category I and II banking 
organizations are required to calculate risk-weighted assets for 
operational risk using the AMA,\213\ which is based on a banking 
organization's internal models. The AMA results in significant 
challenges for banking organizations, market participants, and the 
supervisory process. AMA exposure estimates can present substantial 
uncertainty and volatility, introducing challenges to capital planning 
processes.\214\ In addition, the AMA's reliance on internal models has 
resulted in a lack of transparency and comparability across banking 
organizations. As a result, supervisors and market participants 
experience challenges in evaluating the adequacy of operational risk 
capital across banking organizations. To address these concerns, the 
proposal would remove the AMA and introduce a standardized approach for 
operational risk that seeks to address the operational risks currently 
covered by the AMA.
---------------------------------------------------------------------------

    \213\ The agencies adopted the AMA for operational risk as part 
of the advanced approaches capital framework in 2007. See 72 FR 
69288 (Dec. 7, 2007).
    \214\ See, e.g., Cope, E., G. Mignola, G. Antonini, and R. 
Ugoccioni. 2009. Challenges and Pitfalls in Measuring Operational 
Risk from Loss Data. Journal of Operational Risk 4(4): 3-27; and 
Opdyke, J., and A. Cavallo. 2012. Estimating Operational Risk 
Capital: The Challenges of Truncation, the Hazards of Maximum 
Likelihood Estimation, and the Promise of Robust Statistics. Journal 
of Operational Risk 7(3): 3-90.
---------------------------------------------------------------------------

    Consistent with the Basel standards, risk-weighted assets for 
operational risk would be equal to 12.5 times the business indicator 
component.\215,216\ The business indicator component would provide a 
measure of the operational risk exposure of the banking organization 
and would be calculated based on its business indicator multiplied by 
scaling factors that increase with the business indicator. The business 
indicator would serve as a proxy for a banking organization's business 
volume and would be based on inputs compiled from a banking 
organization's financial statements.
---------------------------------------------------------------------------

    \215\ 12.5 is the amount by which the measure of operational 
risk exposure needs to be multiplied so that the risk-weighted 
assets it generates are equivalent to an 8 percent total capital 
requirement.
    \216\ The proposal would not include the internal loss 
multiplier that was included under the agencies 2023 proposal, which 
is equivalent to setting the internal loss multiplier equal to one.
---------------------------------------------------------------------------

    Banking organizations with higher overall business volume are 
larger and more complex, which is likely to result in more operational 
risk exposure.\217\

[[Page 15010]]

Higher business volumes present more opportunities for operational risk 
to manifest. In addition, the complexities associated with a higher 
business volume can give rise to gaps or other deficiencies in internal 
controls that result in operational losses. Therefore, the proposal 
would set a banking organization's operational risk capital requirement 
in line with its business volume.
---------------------------------------------------------------------------

    \217\ Recent research connecting operational risk to higher 
business volume includes Frame, McLemore, and Mihov (2020), Haste 
Makes Waste: Banking Organization Growth and Operational Risk, 
Federal Reserve Bank of Dallas, https://www.dallasfed.org/research/papers/2020/wp2023; Curti, Frame, and Mihov (2019), Are the Largest 
Banking Organizations Operationally More Risky?, Journal of Money, 
Credit and Banking Vol. 54, Issue 5, 1223-1259, https://doi.org/10.1111/jmcb.12933; and Abdymomunov and Curti (2020), Quantifying 
and Stress Testing Operational Risk with Peer Banks' Data, Journal 
of Financial Services Research Vol. 57, 287-313, https://link.springer.com/article/10.1007/s10693-019-00320-w.
---------------------------------------------------------------------------

    Question 84: The Basel standards includes an optional scalar called 
the internal loss multiplier, which is calculated based on a banking 
organization's historical internal operational losses. The internal 
loss multiplier would scale the business indicator component in the 
calculation of risk-weighted assets for operational risk. The internal 
loss multiplier is calculated as follows:

Internal loss multiplier = ln(exp(1)-1 + (15 * average annual total net 
operational losses/business indicator component)\0.8\)

where ln is the natural logarithm and exp(1) is the Euler's number, 
which is approximately equal to 2.7183.
    Should the agencies include the internal loss multiplier in the 
calculation of operational risk-weighted assets and, if so, why? If the 
internal loss multiplier is included in the calculation of the 
operational risk-weighted assets, should the ``15'' factor included in 
its calculation be adjusted to better reflect the operational risks of 
U.S. Category I and II banking organizations, within a range between 5 
and 15? Please provide any analysis justifying a recommendation.
1. Business Indicator
    Under the proposal, the business indicator would be based on the 
sum of the following two components: an interest, lease, and dividend 
component and a noninterest component. Each component would serve as a 
measure of a broad category of activities in which banking 
organizations typically engage. Given that operational risk is inherent 
to banking products, activities, processes, and systems, these 
components aim to comprehensively capture a banking organization's 
financial activities and thus serve as a proxy for its business volume. 
The interest, lease, and dividend component aims to capture lending and 
investment activities through measures of interest income, interest 
expense, interest-earning assets, and dividends. The noninterest 
component aims to capture fee and commission-based activities, trading 
activity and other activities that are associated with a banking 
organization's assets and liabilities.
    Under the proposal, all inputs to the business indicator would be 
based on three-year rolling averages. For example, a business indicator 
input reported at the end of the third calendar quarter of 2025 would 
be the average of the values for the fourth quarter of 2022 through the 
third quarter of 2023, the fourth quarter of 2023 through the third 
quarter of 2024, and the fourth quarter of 2024 through the third 
quarter of 2025. The one exception are interest-earning assets, which 
would be calculated as the average of the quarter-end values of 
interest-earning assets for the previous 12 quarters.\218\
---------------------------------------------------------------------------

    \218\ Unlike the other inputs used to calculate the business 
indicator, interest-earning assets are balance-sheet items, rather 
than income statement items, and thus their use in the business 
indicator does not represent a flow over a one-year period, but 
rather a point-in-time value. The use of average interest-earning 
assets for the previous 12 quarters instead of, for example, the 
average interest-earning assets for the ending quarter of the last 
three years aims to increase the robustness of the average used in 
the calculation.
---------------------------------------------------------------------------

    The use of three-year averages would capture a banking 
organization's activities over time and help reduce the impact of 
temporary fluctuations. Basing the business indicator on a shorter time 
period, such as a single year of data, would likely result in a more 
volatile capital requirement, which could challenge the incorporation 
of the operational risk capital requirement into capital planning 
processes and result in unduly low or high operational risk capital 
requirements given temporary changes in a banking organization's 
activities. Alternatively, basing the business indicator on too many 
years of data could reduce its responsiveness to changes in a banking 
organization's activities, which could in turn weaken the relationship 
between the capital requirements and the banking organization's risk 
profile. The use of three-year averages aims to balance the stability 
and responsiveness of the operational risk capital requirement.
    As described below, the inputs used in each component of the 
business indicator would, in most cases, use information contained in 
line items from schedules RI and RC of the Call Report and schedules HI 
and HC of the FR Y-9C report, as applicable. The agencies are planning 
to separately propose modifications to the FFIEC 101 report so that all 
inputs to the business indicator would be publicly reported as separate 
inputs to the applicable calculations.
    The inputs to each component of the business indicator would not 
overlap. Income and expenses would not be counted in more than one 
component of the business indicator, consistent with instructions to 
the regulatory reports and the principles of accounting. The inputs 
used to calculate the business indicator would include data for 
entities that have been acquired by, or merged with, the banking 
organization over the period prior to the acquisition or merger that is 
relevant to the calculation of the business indicator.
a. The Interest, Lease, and Dividend Component
    Under the proposal, the interest, lease, and dividend component 
would account for activities that produce interest, lease, and dividend 
income and would be calculated as follows:

Interest, lease, and dividend component = min (Avg3y (Abs(total 
interest income-total interest expense)), 0.0225 * Avg3y (interest-
earning assets)) + Avg3y (dividend income)

where Avg3y refers to the three-year average of the quantity in 
parentheses; Abs refers to the absolute value of the quantity in 
parentheses; total interest income would mean interest income from all 
financial assets and other interest income;\219\ total interest expense 
would mean interest expenses related to all financial liabilities and 
other interest expenses;\220\ interest-earning assets would mean the 
sum of all gross outstanding loans and leases, securities that pay 
interest, interest-bearing balances, Federal funds sold, and securities 
purchased under agreements to resell;\221\ and dividend income would 
mean all dividends

[[Page 15011]]

received on securities not consolidated in the banking organization's 
financial statements.\222\
---------------------------------------------------------------------------

    \219\ Total interest income would correspond to total interest 
income in the FR Y-9C (holding companies) and Call Report, excluding 
dividend income as defined in the proposal.
    \220\ Total interest expense would correspond to total interest 
expense in the FR Y-9C (holding companies) and Call Report.
    \221\ Interest-earning assets would equal the sum of interest-
bearing balances in U.S. offices, interest-bearing balances in 
foreign offices, Edge and agreement subsidiaries, and IBFs, Federal 
funds sold in domestic offices, securities purchased under 
agreements to resell, loans and leases held for sale, loans and 
leases held for investment, total held-to-maturity securities at 
amortized cost (only including securities that pay interest), total 
available-for-sale securities at fair value (only including 
securities that pay interest), and total trading assets (only 
including trading assets that pay interest) in the FR Y-9C (holding 
companies) and Call Report.
    \222\ Dividend income is currently included in total interest 
income in the FR Y-9C (holding companies) and Call Report.
---------------------------------------------------------------------------

    The interest, lease, and dividend component would capture a banking 
organization's interest income and expenses from financial assets and 
liabilities, as well as dividend income from investments in stocks and 
mutual funds.
    The interest income and expense portion of the interest, lease, and 
dividend component would be calculated as the absolute value of the 
difference between total interest income and total interest expense 
(which constitutes net interest income) and be subject to a ceiling 
equal to 2.25 percent of the banking organization's interest-earning 
assets. Net interest income is a useful indicator of a banking 
organization's operational risk because a higher volume of business is 
associated with higher operational risk. Given that operational risk is 
unlikely to increase proportionally to increases in net interest 
margin, the net interest income input would be capped at 2.25 percent 
of interest-earning assets, consistent with the Basel standards.
    The proposal would add dividend income to the net interest income 
input to capture investment activities that produce dividends instead 
of interest income (for example, investment in equities and mutual 
funds).
    Question 85: The proposal would include interest income and 
expenses in the interest component and noninterest income and certain 
noninterest expenses in the noninterest component. Income and expenses 
relating to operating leases are typically characterized as noninterest 
income and noninterest expenses, respectively, in regulatory reports. 
However, income and certain expenses relating to operating leases are 
included in the interest component under the Basel standards. What 
would be the advantages and disadvantages of including (1) income from 
operating leases and (2) depreciation and impairments relating to 
operating leased assets in the interest component rather than the 
noninterest component?
b. The Noninterest Component
    Under the proposal, the noninterest component would account for fee 
and commission-based activities, trading activity, and other activities 
that are associated with a banking organization's assets and 
liabilities and would be calculated as follows:

Noninterest component = Avg3y(Abs(total noninterest income + realized 
gains (losses) on held-to-maturity securities + realized gains (losses) 
on available-for-sale debt securities-noninterest expense for BI-
0.7*(total noninterest income from investment management, investment 
services, and non-lending treasury services-noninterest expense for BI 
from investment management, investment services, and non-lending 
treasury services)) + total operational losses)

where Avg3y refers to the three-year average of the quantity in 
parentheses; Abs refers to the absolute value of the quantity in 
parentheses; total noninterest income, realized gains (losses) on held-
to-maturity securities, and realized gains (losses) on available-for-
sale debt securities are as reported in the consolidated financial 
statements of the banking organization; \223\ noninterest expense for 
BI means expense reported as other noninterest expense, excluding 
expenses that relate to non-financial services received by the banking 
organization and total operational losses; \224\ investment management 
means activities related to asset management, wealth management and 
private banking, including the professional management of mutual funds 
and institutional accounts, and professional portfolio management and 
advisory services for individuals; investment services means activities 
related to asset servicing (which include custody, fund services, 
securities lending, liquidity services, collateral management, and 
other asset servicing; as well as recording keeping services for 401K 
and employee benefit plans, but exclude funding or guarantee products 
offered to such clients), issuer services (which include corporate 
trust, shareowner services, depository receipts, and other issuer 
services), and other investment services (which include clearing and 
other investment services); non-lending treasury services means 
activities related to cash management, global payments, and deposit 
services (and excludes any lending or card activities); and total 
operational losses equals the sum of all operational losses within the 
relevant period.
---------------------------------------------------------------------------

    \223\ The total noninterest income, realized gains (losses) on 
held-to-maturity securities, and realized gains (losses) on 
available-for-sale debt securities to be used in the calculation of 
the noninterest component align with the corresponding values in the 
banking organization's Call Report or FR Y-9C report. Ahead of the 
implementation of any final rule, the agencies plan to issue an 
update to the FFIEC 101 report, which would include reporting 
instructions for all items relevant to the calculation of risk-
weighted assets for operational risk.
    \224\ Other noninterest expense is as reported in the 
consolidated financial statements of the banking organization.
---------------------------------------------------------------------------

    The netting of income and expenses in the calculation of the 
noninterest component would provide two main benefits relative to how 
the Basel standards treats these sources of income in the calculation 
of the business indicator. First, this net treatment would be similar 
to the approach used for the interest, lease, and dividend component 
and, therefore, would improve the consistency of treatments between the 
two components. Second, the one-step netting of all noninterest income 
and expenses would help ensure that the operational risk requirements 
treat noninterest income and expenses consistently despite the range of 
acceptable accounting practices across banking organizations. For 
example, certain expenses are accounted for as ``contra revenues'' by 
some banking organizations, but not by others.\225\ The proposed 
approach would avoid the variability in the calculation of risk-
weighted assets for operational risk that could result from 
inconsistent accounting classification of more granular items.
---------------------------------------------------------------------------

    \225\ Contra revenues are reductions to a revenue account in an 
accounting statement (typically, most expenses are included in 
accounting statements through expense accounts).
---------------------------------------------------------------------------

    The operational risk capital requirement is designed to reflect all 
operational risks to which a banking organization is exposed, 
regardless of the activity or legal entity in which this risk resides. 
The proposal would, therefore, include the income and expense of a 
banking organization's insurance activities within the business 
indicator calculation.
    The agencies have received feedback from the public regarding the 
relative operational risk of certain activities. In particular, 
industry experts have argued that investment management (including 
asset management and wealth management), investment services (including 
custody), and treasury services pose low operational risk. In 
considering this feedback, the agencies reviewed the operational loss 
and income data currently reported by Category I and II bank holding 
companies in the FR Y-14Q. The aggregate ratio of operational losses to 
business line income for all Category I and II holding companies was 
calculated from 2009Q1 to 2025Q2.\226\

[[Page 15012]]

This analysis shows that the aggregate ratio of historical operational 
losses to income for investment management activities, investment 
services, and treasury services is approximately 32 percent of the same 
ratio for the Category I and II holding companies as a whole.
---------------------------------------------------------------------------

    \226\ Operational loss data was obtained from FR Y-14Q Schedule 
E. Income data was obtained from FR Y-14Q Schedule G. Only 
observations for which both the operational losses and the necessary 
income elements were reported are included in this analysis.
[GRAPHIC] [TIFF OMITTED] TP27MR26.073

    Considering the findings of this analysis, the proposal would 
reduce by 70 percent the noninterest income and expenses from 
investment management, investment services, and non-lending treasury 
services used in the calculation of the noninterest income component 
and, thereby, reflect the lower operational risk that these activities 
have presented historically.\227\
---------------------------------------------------------------------------

    \227\ The definition of treasury services currently employed in 
the FR Y-14 includes certain lending activities such as trade 
finance and corporate and commercial credit cards. To ensure that 
lending activities are treated consistently by the operational risk 
framework, the proposal would not include lending activities within 
treasury services in the scope of activities whose contribution to 
the noninterest component would be reduced by 70 percent.
---------------------------------------------------------------------------

    There are substantial practical difficulties in designing and 
implementing scalars to differentiate the contribution of business 
lines to the operational risk capital requirement. The existing 
segmentation of business lines for purposes of reporting operational 
losses, income, and expenses does not align in all cases. Also, banking 
organizations' practices around classification of operational losses 
and income vary, and there may be meaningful variability across banking 
organizations with respect to the ratio of operational losses to income 
at the business line level. In addition, introducing differentiated 
scalars across multiple business lines could introduce inconsistency 
across banking organizations, as the business line classification of 
income or expense would have risk-based capital consequences. 
Addressing such potential inconsistency would necessitate significant 
supervisory review of business line income and expense classification, 
which would result in additional compliance costs for banking 
organizations. Further, differentiation of operational risk 
requirements across business lines would introduce additional 
inconsistencies relative to the Basel standards. Given these 
considerations, the proposal would only differentiate

[[Page 15013]]

the contribution of investment management, investment services, and 
non-lending treasury services activities to the noninterest component.
    The proposal would reflect operational losses within the business 
indicator. Empirical research suggests observed operational losses are 
a meaningful indicator of a banking organization's operational risk 
exposure.\228\ Including expenses related to operational loss events in 
the business indicator is therefore consistent with the operational 
risk requirement's objective of supporting a banking organization's 
resilience to operational risk. Specifically, the proposal would add 
total operational losses within the noninterest component. This 
approach is consistent with how operational losses contribute 
positively to other operating expense under the Basel standards and, 
therefore, would contribute positively to the business indicator under 
the Basel standards when other operating expense is higher than other 
operating income.\229\
---------------------------------------------------------------------------

    \228\ See Filippo Curti and Marco Migueis, ``The Information 
Value of Past Losses in Operational Risk,'' Journal of Operational 
Risk Volume 18, Number 2, 1-36 (2023), https://doi.org/10.21314/JOP.2022.033.
    \229\ Subtracting operational losses from the noninterest 
component (and thereby the business indicator)--as would occur if 
operational losses were retained within noninterest expense for BI--
would not be appropriate because operational losses would generally 
be reducing risk-weighted assets for operational risk.
---------------------------------------------------------------------------

    The proposed noninterest component, including the downscaling of 
income net of expenses from investment management, investment services, 
and non-lending treasury services activities, would improve the 
consistency of requirements across Category I and II banking 
organizations and better reflect the operational risk of their 
activities.
    Question 86: What are the advantages and disadvantages of the 
proposed design of the noninterest component, including any impact on 
specific business models? Which alternatives, if any, should the 
agencies consider and why? Please provide supporting data with your 
response.
    Question 87: What are the advantages and disadvantages of the 
proposed downscaling of the income and expense from investment 
management, investment services, and non-lending treasury services 
activities? What are the advantages and disadvantages of the proposed 
calibration approach? Should the agencies consider differentiated 
scalars (both increasing and decreasing requirements) across multiple 
business lines and why? What alternatives, if any, should the agencies 
consider and why? Please include data to support your views.
C. Exclusions From the Business Indicator
    Consistent with the Basel standards, the business indicator under 
the proposal would reflect the volume of financial activities of a 
banking organization; therefore, the business indicator would exclude 
expenses that do not relate to financial services received by the 
banking organization. Excluded expenses would include staff expenses, 
expenses to outsource non-financial services (such as logistical, human 
resources, and information technology), administrative expenses (such 
as utilities, telecommunications, travel, office supplies, and 
postage), expenses relating to premises and fixed assets, and 
depreciation of tangible and intangible assets.
    Also consistent with the Basel standards, the proposal would 
exclude loss provisions and reversal of provisions (except for those 
related to operational loss events) or changes in goodwill from the 
business indicator, as these items reflect accounting adjustments 
rather than financial transactions. In addition, the business indicator 
would be neutral relative to applicable income taxes by excluding them 
from the expense considered.
    With prior supervisory approval, the proposal would allow banking 
organizations to exclude activities that they have ceased to conduct, 
whether directly or indirectly, from the calculation of the business 
indicator, provided that the banking organization demonstrates that 
such activities do not carry legacy legal exposure. Supervisory 
approval would not be granted when, for example, legacy business 
activities are subject to potential or pending legal or regulatory 
enforcement action. The supervisory approval requirement would help 
ensure that a banking organization's operational risk capital 
requirement aligns with its existing operational risk exposure.
    Question 88: Under what circumstances, if any, would it be 
appropriate for the business indicator to also exclude income relating 
to non-financial activities provided by a banking organization, such as 
an exclusion for income relating to non-financial activities provided 
to foreign affiliates or parents (recharge income)? What are the 
advantages and disadvantages of such exclusion, and what distinguishes 
such potentially excluded income from other income relating to non-
financial activities? Please provide any data that would be useful to 
consider on this issue, including data that would allow the agencies to 
estimate the impact of such exclusion.
2. Business Indicator Component
    Under the proposal, the business indicator component would rise 
with the size of the business indicator, but at three different rates. 
It would increase by 12 percent for each unit of business indicator up 
to $1 billion, by 15 percent for each unit above $1 billion and up to 
$30 billion, and by 18 percent for each unit above $30 billion. As 
described in section II.E., these thresholds would be indexed to 
inflation over time. Table 3 below presents the formulas that can be 
used to calculate the business indicator component given a banking 
organization's business indicator.

[[Page 15014]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.074

    The proposed higher rate of increase of the business indicator 
component as a banking organization's business indicator rises above $1 
billion and $30 billion reflects operational risk generally increasing 
more than proportionally with a banking organization's overall business 
volume, in part due to the increased complexity of large banking 
organizations. This approach is supported by analysis undertaken by the 
Basel Committee.\231\ Similarly, academic studies have found that 
larger U.S. bank holding companies have higher operational losses per 
dollar of total assets.\232\
---------------------------------------------------------------------------

    \230\ $120 million is equal to 0.12 * $1 billion. $4.47 billion 
is equal to 0.12 * $1 billion + 0.15 * ($30 billion - $1 billion).
    \231\ See Basel Committee (2014), ``Operational risk--Revisions 
to the simpler approaches,'' https://www.bis.org/publ/bcbs291.htm 
and Basel Committee (2016), ``Standardized Measurement Approach for 
operational risk,'' https://www.bis.org/bcbs/publ/d355.htm.
    \232\ See Curti, Mih, and Mihov (2022), ``Are the Largest 
Banking Organizations Operationally More Risky?, Journal of Money, 
Credit and Banking,'' DOI: 10.111/jmcb.12933; and Frame, McLemore, 
and Mihov (2020), ``Haste Makes Waste: Banking Organization Growth 
and Operational Risk,'' Federal Reserve Bank of Dallas, https://www.dallasfed.org/research/papers/2020/wp2023.
---------------------------------------------------------------------------

3. Alternative Simple Approaches
    In developing the proposal, the agencies considered alternative 
approaches to the proposed framework for determining a banking 
organization's operational risk capital requirement. These alternatives 
would rely on simpler measures of size and complexity that may provide 
an appropriate proxy for operational risk exposure. Specifically, the 
agencies considered an income-based approach and an asset-based 
approach as alternatives. Each of these approaches could provide a 
simple alternative for determining operational risk capital, which 
could easily be measured from existing regulatory reporting.
    Under an income-based approach, size and complexity--and associated 
operational risk exposure--could be measured using a broad measure of 
income, such as gross income, similar to the Basel Committee's basic 
indicator approach.\233\ Under the Basel Committee's basic indicator 
approach, risk-weighted assets for operational risk equal 15 percent of 
average annual gross income, defined as net interest income plus net 
noninterest income, over the previous three years where annual gross 
income is positive, multiplied by 12.5. Notably, the definition of 
gross income under the basic indicator approach excludes certain income 
statement items.\234\
---------------------------------------------------------------------------

    \233\ See Basel Committee on Banking Supervision (2006): 
``International Convergence of Capital Measurement and Capital 
Standards,'' https://www.bis.org/publ/bcbs128.htm. Upon the adoption 
of the new approach for calculating operational risk capital to the 
Basel standards, the basic indicator approach is no longer part of 
the Basel framework.
    The agencies have previously considered simple options for 
operational risk, including the basic indicator approach. See 73 FR 
43982, https://www.govinfo.gov/content/pkg/FR-2008-07-29/pdf/E8-16262.pdf.
    \234\ The basic indicator approach specifies that gross income 
should (1) be gross of any provisions (for example, for unpaid 
interest), (2) be gross of operating expenses, including fees paid 
to outsourcing service providers, (3) exclude realized gains or 
losses from the sale of securities in the banking book such as from 
securities classified as ``held to maturity'' and ``available for 
sale,'' and (4) exclude extraordinary or irregular items as well as 
income derived from insurance.
---------------------------------------------------------------------------

    In an income-based alternative closest to the Basel Committee's 
basic indicator approach, the agencies would define gross income in a 
given year as net-interest income plus noninterest income minus 
noninterest expense, where noninterest expense excludes salaries and 
employee benefits, expenses of premises and fixed assets, goodwill 
impairment losses, and amortization expense and impairment losses for 
other intangible assets. Like in the Basel Committee's basic indicator 
approach, the calculation of risk-weighted assets for operational risk 
under this approach would equal the product of the gross income scalar 
and average annual gross income over the previous three years where 
annual gross income is positive, multiplied by 12.5.
    To appropriately calibrate an operational risk capital requirement 
based on gross income, the agencies considered two alternatives. In the 
first alternative, the scalar determining the capital requirement would 
be calibrated to result in a similar amount of aggregate required 
capital as under the proposed standardized approach for operational 
risk. Analysis by the agencies suggests that a scalar between 15 and 20 
percent would be necessary to achieve the target calibration.\235\ As a 
second alternative, the gross income scalar could be set to cover the 
operational risk exposure of Category I and II banking organizations 
demonstrated by their historical operational losses.
---------------------------------------------------------------------------

    \235\ Based on data from form FR Y-9C, Schedule HI, between 
2022Q3 to 2025Q2. Net-interest income would correspond to line 3 
from Schedule HI, noninterest income to line 5.m, and noninterest 
expense excluding salaries and employee benefits, expenses of 
premises and fixed assets, goodwill impairment losses, and 
amortization expense and impairment losses for other intangible 
assets to line 7.d.
---------------------------------------------------------------------------

    The agencies also considered potential modifications to gross 
income. For example, gross income could be defined solely as net-
interest income plus net-noninterest income, with no exclusions for 
noninterest expenses. Based on agency analysis of FR Y-9C data between 
2022Q3 to 2025Q2, such an approach would require a gross-income scalar 
between 35 and 45 percent to result in a similar amount of aggregate 
required capital as under the proposed standardized approach for 
operational risk.
    Separately, both gross income definitions discussed above could be 
modified to add operational losses (similar to the methodology within 
the noninterest component under the proposal's operational risk 
standardized approach). Such a modification would ensure that 
operational losses are positively reflected in operational risk capital 
requirements and could incentivize better operational risk management. 
Under such a

[[Page 15015]]

modification, operational losses would be excluded from noninterest 
expense.
    The agencies also considered an alternative that would use an 
institution's balance sheet, rather than income, for calculating the 
operational risk capital requirement. Such an approach could use total 
consolidated assets as an alternative, simple measure of size and 
complexity and, therefore, as a proxy for operational risk exposure. 
Asset size is a common proxy for size and complexity in the agencies' 
regulatory framework.
    In an asset-based approach, a scalar would be applied to total 
assets to determine the operational risk capital requirement. To result 
in a similar aggregate amount of required capital as under the proposed 
standardized approach for operational risk, analysis by the agencies 
suggests that a scalar between 0.4 percent and 0.5 percent would be 
appropriate. Similar to the income-based approach, the scalar in an 
asset-based approach could be calibrated to cover the operational risk 
exposure of Category I and II banking organizations demonstrated by 
their historical operational losses.
    An approach based on total assets could be modified to capture off-
balance sheet activities, which may improve how the requirement 
captures operational risk exposure at the cost of some additional 
complexity.\236\
---------------------------------------------------------------------------

    \236\ The current capital rule applies certain adjustments to 
capture off-balance sheet activities. For example, the standardized 
approach for credit risk utilizes credit conversion factors to 
incorporate off-balance sheet activities into risk-weighted assets. 
Similarly, the supplementary leverage ratio incorporates off-balance 
sheet activities into the calculation of total leverage exposure.
---------------------------------------------------------------------------

    Relative to an approach based on income, an approach based on the 
balance sheet of a banking organization may not appropriately capture 
the operational risks associated with activities with small footprint 
in terms of on-balance sheet assets and few quantifiable off-balance 
sheet exposures.
    Using gross income or total assets instead of the business 
indicator to set the operational risk capital requirement would result 
in a simpler method for calculating the operational risk requirement 
than the proposal. However, such approaches may be less risk sensitive 
than the proposed requirement based on the business indicator. Also, 
use of the business indicator as a proxy for operational risk exposure 
provides for greater alignment with the Basel standard than these 
alternatives, consistent with a broader objective of the proposal. 
Still, the agencies welcome comments on all aspects of these potential 
alternatives and on alternative calibrations.
    Question 89: The agencies invite comments on the use of a simple 
approach for determining a banking organization's operational risk 
capital requirement. Are there any aspects associated with using a 
simple approach that should be considered? What are the advantages and 
disadvantages of a simple approach relative to the proposed 
standardized approach for operational risk? Which aspects of the 
proposed standardized approach for operational risk would provide for 
greater risk sensitivity relative to the simple approaches discussed 
above? To what extent should risk sensitivity be an objective for the 
operational risk capital requirement, and how should that be weighed 
against complexity?
    Question 90: The agencies invite comments on an approach based on 
gross income for determining a banking organization's operational risk 
capital requirement. What are the advantages and disadvantages of such 
an approach? What are the advantages and disadvantages of excluding 
salaries and employee benefits, expenses of premises and fixed assets, 
goodwill impairment losses, and amortization expense and impairment 
losses for other intangible assets from the definition of gross income? 
What are the advantages and disadvantages of adding operational losses 
to gross income in the calculation of the operational risk capital 
requirement? Provide any analysis supporting your recommendation.
    Question 91: The agencies invite comments on an asset-based 
approach for determining a banking organization's operational risk 
capital requirement. What are the advantages and disadvantages of such 
an approach? What are the advantages and disadvantages of including 
off-balance sheet exposures on the size proxy used in such an approach? 
How should off-balance sheet exposures be measured under such an 
alternative? Provide any analysis supporting your recommendation.
    Question 92: The agencies invite comments on how to calibrate an 
income-based or an assets-based approach, if such an approach were to 
be adopted. What are the advantages and disadvantages of using 
projected requirements under the proposed standardized approach as the 
basis for calibration?
    For calibration of an income-based approach: (1) In a gross income 
variant where salaries and employee benefits, expenses of premises and 
fixed assets, goodwill impairment losses, and amortization expense and 
impairment losses for other intangible assets are excluded from the 
calculation, would a scalar between 15 percent and 20 percent be 
appropriate and why?(2) In a gross income variant where gross income 
does not have the exclusions under (1), would a scalar between 35 and 
percent and 45 be appropriate and why?
    For the calibration of an asset-based approach would a scalar 
between 0.4 percent and 0.5 percent be appropriate and why?
    What are the advantages and disadvantages of calibrating the 
operational risk capital requirement such that it would capture 
operational risk exposure as demonstrated by banking organizations' 
historical operational losses? If the agencies were to follow such a 
calibration approach, which methodology should be used to estimate 
operational risk exposure and why? Provide any analysis supporting your 
recommendations.
4. Operational Risk Management
    The agencies consider effective operational risk management to be 
critical to ensuring the financial and operational resilience of 
banking organizations, particularly for large banking 
organizations.\237\ Thus, consistent with the current advanced 
approaches qualification requirements applicable to Category I and II 
banking organizations, the proposal would require that banking 
organizations subject to the expanded risk-based approach have an 
operational risk management function that is independent of business 
line management. This independent operational risk management function 
would design, implement, and oversee the comprehensiveness and accuracy 
of operational loss event data and its collection processes and oversee 
other aspects of the banking organization's operational risk 
management. In addition, banking organizations subject to the expanded 
risk-based approach would be required to report operational loss events 
and other relevant operational risk information to business unit 
management, senior management, and the board of directors (or a 
designated committee of the board). Lastly, the proposal would require 
banking organizations subject to the expanded risk-based approach to 
have

[[Page 15016]]

operational loss event data collection processes that meet certain 
requirements.
---------------------------------------------------------------------------

    \237\ The interagency paper titled ``Sound Practices to 
Strengthen Operational Resilience'' (Nov. 2, 2020) notes that 
operational resilience ``is the outcome of effective operational 
risk management combined with sufficient financial and operational 
resources to prepare, adapt, withstand, and recover from 
disruptions.''
---------------------------------------------------------------------------

V. Calculation of Risk-Weighted Assets Under the Market Risk Framework

A. Market Risk

1. Background
a. Description of Market Risk
    Market risk for a banking organization results from exposure to 
price movements caused by changes in market conditions, market events, 
and issuer events that affect asset prices. Losses resulting from 
market risk can affect a banking organization's capital strength, 
liquidity, and profitability. To help ensure that a banking 
organization maintains a sufficient amount of capital to withstand 
adverse market risks and consistent with amendments to the Basel 
Capital Accord, the agencies adopted risk-based capital standards for 
market risk in 1996 (1996 rule).\238\ Although adoption of the 1996 
rule was a constructive step in capturing market risk for risk-based 
capital standards, the 1996 rule did not sufficiently capture the risks 
associated with financial instruments that became prevalent in the 
years following its adoption. This became evident during the 2007-2009 
financial crisis, when the 1996 rule did not fully capture banking 
organizations' increased exposures to traded credit and other 
structured products, such as collateralized debt obligations (CDO), 
credit default swaps (CDS), mortgage-related securitizations, and 
exposures to other less liquid products.
---------------------------------------------------------------------------

    \238\ Risk-Based Capital Standards: Market Risk, 61 FR 47358 
(Sept. 6, 1996). The agencies' market risk capital rules were 
located at 12 CFR part 3, appendix B (OCC), 12 CFR part 208, 
appendix E and 12 CFR part 225, appendix E (Board), and 12 CFR part 
325, appendix C (FDIC).
---------------------------------------------------------------------------

    In August 2012, the agencies issued a final rule that modified the 
capital rule to address these deficiencies.\239\ Specifically, the rule 
added a stressed value-at-risk (VaR) measure, a capital requirement for 
default and migration risk (the incremental risk capital requirement), 
a comprehensive risk measurement for correlation trading portfolios, a 
modified definition of covered position, a definition of trading 
position, an expanded set of requirements for internal models to 
reflect advances in risk management, and revised requirements for 
regulatory backtesting. These changes enhanced the calibration of 
market risk capital requirements by incorporating stressed conditions 
into VaR and increasing the comprehensiveness and quality of the 
standards for internal models used to calculate market risk capital 
requirements.\240\
---------------------------------------------------------------------------

    \239\ Risk-Based Capital Guidelines: Market Risk, 77 FR 53059 
(Aug. 30, 2012).
    \240\ The rule was subsequently modified in 2013 with changes 
that included moving the market risk requirements from the agencies' 
respective appendices to subpart F of the capital rule; making 
savings associations and covered savings and loan holding companies 
with material exposure to market risk subject to the market risk 
rule, 78 FR 62018 (Oct. 11, 2013); addressing changes to the country 
risk classifications, clarifying the treatment of certain traded 
securitization positions; revising the definition of covered 
position, and clarifying the timing of the market risk disclosure 
requirements, 78 FR 76521 (Dec. 18, 2013).
---------------------------------------------------------------------------

    While these updates to the rule addressed certain pressing 
deficiencies in the calculation of market risk capital requirements, a 
number of structural shortcomings that came to light during the crisis 
remained unaddressed (such as an inability of a VaR metric to 
adequately capture tail risks beyond the VaR confidence level). To 
address these shortcomings, the Basel Committee established minimum 
capital requirements for market risk.\241\ To increase risk 
sensitivity, transparency, and consistency of the market risk capital 
requirements, the proposal would replace the existing market risk 
capital framework within the capital rule with a new framework that is 
based on the revised framework of the Basel Committee (Basel 
standards).
---------------------------------------------------------------------------

    \241\ The Basel Committee has published three consultative 
documents on the review and to address the structural shortcomings 
identified. ``Fundamental review of the trading book,'' May 2012, 
www.bis.org/publ/bcbs219.pdf; ``Fundamental review of the trading 
book: A revised market risk framework,'' October 2013, www.bis.org/publ/bcbs265.pdf; and, ``Fundamental review of the trading book: 
Outstanding issues,'' December 2014, www.bis.org/bcbs/publ/d305.pdf. 
The Basel Committee published a new, more robust framework, which 
established minimum capital requirements for market risk, ``Minimum 
capital requirements for market risk,'' January 2016, www.bis.org/bcbs/publ/d352.pdf.
---------------------------------------------------------------------------

b. Overview of the Proposal
    The proposal would improve the risk sensitivity and calibration of 
market risk capital requirements relative to the current capital rule. 
The proposal would introduce a simple, transparent, and risk-sensitive 
standardized methodology for calculating risk-weighted assets for 
market risk (standardized measure for market risk) and a new models-
based methodology (models-based measure for market risk) to replace the 
market risk capital framework in the current capital rule. The proposed 
standardized and models-based measures would improve the risk-
sensitivity of market risk capital requirements by replacing the VaR-
based measure of market risk with an expected shortfall-based measure 
that better accounts for extreme losses.\242\ In addition, the proposal 
would replace the fixed ten-business-day liquidity horizon in the 
current capital rule with liquidity horizons that vary based on the 
underlying risk factors to appropriately capture the market risk of 
less liquid positions.\243\
---------------------------------------------------------------------------

    \242\ The proposal would define expected shortfall as a measure 
of the average of all potential losses exceeding the VaR at a given 
confidence level and over a specified horizon. The risk weights 
within the standardized measure were calibrated based on the 
expected shortfall-based measure in the models-based measure for 
market risk.
    \243\ The proposal would define liquidity horizon as the time 
required to exit or hedge a market risk covered position without 
materially affecting market prices in stressed market conditions.
---------------------------------------------------------------------------

    The standardized measure for market risk would be the default 
methodology for calculating market risk capital requirements for all 
banking organizations subject to market risk capital requirements. A 
banking organization would be required to obtain prior approval from 
its primary Federal supervisor to use the models-based measure for 
market risk to determine its market risk capital requirements.\244\
---------------------------------------------------------------------------

    \244\ A banking organization that has regulatory approval to use 
internal models to measure market risk under the current rule would 
be required to obtain new approval to use the models-based measure 
for market risk under the proposed framework.
---------------------------------------------------------------------------

    In contrast to the current framework which, subject to approval by 
the primary Federal supervisor, allows the use of internal models at 
the level of the consolidated banking organization, the proposal would 
provide for enhanced risk sensitivity by introducing the concept of a 
trading desk and restricting application of the proposed models-based 
approach to the trading desk level. Under the proposal, a banking 
organization would be required to conduct and successfully pass two 
quantitative tests (a backtesting requirement \245\ and a profit and 
loss attribution (PLA) requirement \246\) at the trading desk level in 
order to use the models-based approach. The trading desk-level approach 
is intended to limit use of the models-based approach to only those 
trading desks that can appropriately capture the risk of market risk 
covered positions in banking organizations' internal models. The

[[Page 15017]]

agencies recognize the potential difficulties that a banking 
organization could experience when performing the proposed desk-level 
PLA test. To improve the ability of banking organizations to use more 
risk-sensitive modeled approaches, where appropriate, the proposal 
would provide a three-year transition period during which there would 
be no automatic consequences based on PLA test results. This extended 
transition period for implementation of the PLA test would allow 
banking organizations to gain experience with the test, provide time to 
improve their systems and processes, and address any potential gaps in 
data and model performance. The delayed transition would also provide 
the agencies an additional opportunity to monitor the effectiveness of 
the PLA test metric and thresholds.
---------------------------------------------------------------------------

    \245\ The proposed desk-level backtesting requirements are 
intended to measure the accuracy and conservatism of the forecasting 
assumptions and valuation methods used in the desk's internal 
models.
    \246\ The proposed desk-level PLA testing requirements are 
intended to measure the accuracy of the potential future profits or 
losses estimated by the valuation models used for internal risk 
management purposes relative to those produced by the financial 
reporting models. For purposes of this SUPPLEMENTARY INFORMATION, 
the term ``financial reporting model'' refers to the valuation 
methods used to report actual profits and losses for financial 
reporting purposes.
---------------------------------------------------------------------------

    The proposal would also revise the criteria for determining whether 
a banking organization is subject to the market risk capital 
requirements to (1) reflect the inflation since 1996 and growth in the 
capital markets as well as to reflect CPI-W going forward; (2) provide 
a more reliable and stable measure of banking organizations' trading 
activity by introducing a four-quarter average requirement, and (3) 
incorporate measures of risk identified as part of the agencies' 2019 
regulatory tailoring rule.\247\ In general, the revised criteria would 
take into account the prudential benefits of the proposed market risk 
capital requirements and the potential costs, including compliance 
costs.
---------------------------------------------------------------------------

    \247\ See 84 FR 59230, 59249 (Nov. 1, 2019).
---------------------------------------------------------------------------

    In addition, the proposal would help promote consistency and 
comparability in market risk capital requirements across banking 
organizations by strengthening the criteria for identifying positions 
subject to the proposed market risk capital requirement and by 
proposing a risk-based capital treatment of transfers of risk between a 
trading desk and another unit within the same banking organization 
(internal risk transfers). The proposal would also improve the 
transparency of market risk capital requirements through enhanced 
disclosures.
2. Scope and Application of the Proposed Rule
a. Scope of the Proposed Rule
    Under the current capital rule, any banking organization with 
aggregate trading assets and trading liabilities that, as of the most 
recent calendar quarter, equal $1 billion or more, or 10 percent or 
more of the banking organization's total consolidated assets, is 
required to calculate market risk capital requirements.
    The proposal would revise the criteria for determining whether a 
banking organization is subject to market risk capital requirements. 
Under the proposal, a Category I or Category II depository institution 
holding company would be subject to market risk capital requirements. 
In addition, a banking organization with average aggregate trading 
assets and trading liabilities, excluding customer and proprietary 
broker-dealer reserve bank accounts,\248\ over the previous four 
calendar quarters equal to $5 billion or more or equal to 10 percent or 
more of total consolidated assets at quarter end as reported on the 
most recent quarterly regulatory report would be subject to market risk 
capital requirements.\249\
---------------------------------------------------------------------------

    \248\ The proposal would define customer and proprietary broker-
dealer reserve bank accounts as segregated accounts established by a 
subsidiary of a banking organization that fulfill the requirements 
of 17 CFR 240.15c3-3 (SEC Rule 15c3-3) or 17 CFR 1.20 (CFTC 
Regulation 1.20).
    \249\ See section II.E. of this SUPPLEMENTARY INFORMATION for a 
more detailed discussion on indexing nominal thresholds in the 
proposal going forward to reflect CPI-W.
---------------------------------------------------------------------------

    The proposed scope is designed to apply market risk capital 
requirements to the largest and most complex banking organizations. As 
the agencies noted in the preamble to the final tailoring rule, due to 
their operational scale or global presence, banking organizations 
subject to Category I or II capital standards pose heightened risks to 
U.S. financial stability which necessitate more stringent capital 
requirements.\250\ Further, because such banking organizations are 
generally the most internationally active and interconnected banking 
organizations, the proposed scope of the market risk capital 
requirements (which are based largely on the international framework 
adopted by the Basel Committee), should help promote competitive equity 
among U.S. banking organizations and their foreign peers and 
competitors, and reduce opportunities for regulatory arbitrage across 
jurisdictions.
---------------------------------------------------------------------------

    \250\ See 84 FR 59230, 59249 (Nov. 1, 2019).
---------------------------------------------------------------------------

    In addition to applying market risk capital requirements to the 
largest banking organizations, the proposed rule would retain and 
increase the trading activity threshold from $1 billion to $5 billion 
to reflect inflation since 1996 and growth in the capital markets. The 
agencies are also proposing to index the $5 billion trading activity 
threshold based on the CPI-W going forward. Additionally, a banking 
organization whose trading assets and trading liabilities are equal to 
10 percent or more of its total assets would continue to be subject to 
market risk capital requirements under the proposal. This means that 
any subsidiary depository institution of a Category I and II depository 
institution holding company or any banking organization that is not a 
Category I or II banking organization would be subject to market risk 
capital requirements if it has trading activity that exceeds either of 
these quantitative thresholds. The proposed trading activity dollar 
threshold would be measured using the average aggregate trading assets 
and trading liabilities of a banking organization, calculated in 
accordance with the instructions to the FR Y-9C or Call Report, as 
applicable, over the prior four consecutive quarters, rather than using 
only the single most recent quarter.\251\ This approach would provide a 
more reliable and stable measure of the banking organization's trading 
activities than the current capital rule's quarter-end measure.\252\ 
Furthermore, for purposes of determining applicability of market risk 
capital requirements, a banking organization would exclude from its 
calculation of aggregate trading assets and trading liabilities 
securities related to certain segregated accounts established by a 
subsidiary of a banking organization pursuant to SEC Rule 15c3-3 and 
CFTC Regulation 1.20 (customer and proprietary broker-dealer reserve 
bank accounts). To protect customers against losses arising from a 
broker-dealer's use of customer assets and cash, the SEC's and CFTC's 
requirements for customer and proprietary broker-dealer reserve bank 
accounts limit the ability of a banking organization to benefit or 
suffer loss from short-term price movements on the assets held in such 
accounts. When such accounts constitute the vast majority of a banking 
organization's trading activities, the prudential benefit of requiring 
the banking organization to

[[Page 15018]]

measure risk-weighted assets for market risk would be limited. The 
proposal would only allow a banking organization to exclude these 
amounts from proposed trading activity thresholds for the purpose of 
determining whether the banking organization is subject to market risk 
capital requirements. If a banking organization exceeds either of the 
proposed trading threshold criteria after excluding such accounts, the 
proposal would require the banking organization to include such 
accounts when calculating its market risk capital requirements.
---------------------------------------------------------------------------

    \251\ For purposes of the proposed scoping criteria, aggregate 
average trading assets and trading liabilities would mean the sum of 
the amount of trading assets and the amount of trading liabilities 
as reported by the banking organization on the Consolidated 
Financial Statements for Holding Companies (sum of line items 5 and 
15 on schedule HC of the Y-9C) or on the Consolidated Reports of 
Condition and Income (i.e., the sum of line items 5 and 15 on 
schedule RC of the FFIEC 031, the FFIEC 041, or the FFIEC 051), as 
applicable.
    \252\ If the banking organization has not reported trading 
assets and trading liabilities for each of the preceding four 
calendar quarters, the threshold would be based on the average 
amount of trading assets and trading liabilities over the quarters 
that the banking organization has reported, unless the primary 
Federal supervisor notifies the banking organization in writing to 
use an alternative method.
---------------------------------------------------------------------------

b. Application of Proposed Rule
    The proposal would require a banking organization to comply with 
the market risk capital requirements (as well as the related reporting 
and public disclosure requirements) beginning the quarter after the 
banking organization meets any of the proposed scoping criteria. To 
avoid volatility in requirements, a banking organization that is not a 
Category I or II depository institution holding company would remain 
subject to market risk capital requirements unless and until its 
trading activity falls below the threshold criteria for each of the 
prior four consecutive quarters.
    Implementing the proposed market risk capital requirements would 
require significant operational preparation. Therefore, the agencies 
expect that a banking organization would monitor its aggregate trading 
assets and trading liabilities on an ongoing basis and work with its 
primary Federal supervisor as it approaches any of the proposed scoping 
criteria to prepare for compliance.
    While the proposed threshold criteria for application of market 
risk capital requirements would help reasonably identify a banking 
organization with significant levels of trading activity given the 
current risk profile of the banking organization, there may be unique 
instances where a banking organization either should or should not be 
required to reflect market risk in its risk-based capital requirements. 
To continue to allow the agencies to address such instances on a case-
by-case basis, the proposal would retain, without modification, the 
authority under the market risk framework of the current capital rule 
for the primary Federal supervisor to either: (1) require a banking 
organization that does not meet the proposed criteria to calculate a 
market risk capital requirement, or (2) exclude a banking organization 
that meets the proposed criteria from such calculation, as appropriate.
    Question 93: The agencies seek comment on the appropriateness of 
the proposed scope of application thresholds. Given the compliance 
costs associated with the proposal, what, if any, alternative 
thresholds should the agencies consider and why?
    Question 94: What are the advantages or disadvantages of using a 
four-quarter rolling average for the $5 billion aggregate trading 
assets and trading liabilities scope of application threshold? What 
different methodologies and time periods should the agencies consider 
for purposes of this threshold?
3. Measure for Market Risk
    Under the current capital rule, a banking organization subject to 
market risk capital requirements must use one or more internal models 
to calculate market risk capital requirements for its covered 
positions.\253\ A banking organization's market risk-weighted assets 
equal the sum of the VaR-based capital requirement, the stressed VaR-
based capital requirement, specific risk add-ons, the incremental risk 
capital requirement, the comprehensive risk capital requirement, and 
the capital requirement for de minimis exposures, plus any additional 
capital requirement established by the primary Federal supervisor, 
multiplied by 12.5. The primary Federal supervisor may require the 
banking organization to maintain an overall amount of capital that 
differs from the amount otherwise required under the rule, if the 
supervisor determines that the banking organization's market risk-based 
capital requirements under the rule are not commensurate with the risk 
of the banking organization's covered positions, a specific covered 
position, or portfolios of such positions, as applicable.
---------------------------------------------------------------------------

    \253\ Notably, for securitization positions subject to the 
market risk capital framework, the current capital rule provides a 
standardized measurement method for capturing specific risks and a 
models-based measure for capturing general risks for purposes of 
calculating market risk-weighted assets.
---------------------------------------------------------------------------

    The proposal would introduce a standardized methodology for 
calculating market risk capital requirements (standardized measure for 
market risk) and a new models-based methodology (models-based measure 
for market risk) to replace the market risk capital framework of the 
current capital rule. A banking organization with no model-eligible 
trading desks would calculate market risk capital requirements under 
the standardized measure for market risk. Alternatively, with prior 
approval from its primary Federal supervisor, a banking organization 
that has one or more model-eligible trading desks would be required to 
calculate market risk capital requirements under the models-based 
measure for market risk.\254\
---------------------------------------------------------------------------

    \254\ The proposal would require a banking organization to 
calculate the standardized measure for market risk on a weekly basis 
and the models-based measure for market risk, if applicable, on a 
daily basis.
---------------------------------------------------------------------------

    If a trading desk does not receive approval to use the models-based 
non-default capital requirement or fails to meet the operational 
requirements of the models-based non-default capital requirement on an 
on-going basis, the desk would be required to use the standardized non-
default capital requirement to calculate its market risk capital 
requirements. The agencies view the proposed standardized non-default 
capital requirement as sufficiently risk sensitive to serve as a 
credible alternative to the models-based non-default capital 
requirement given the conservative calibration of the risk weights and 
correlations applied to market risk covered positions under the 
standardized non-default capital requirement. Additionally, by relying 
in part on inputs a banking organization uses for its own internal risk 
management or financial reporting purposes, the proposed standardized 
non-default capital requirement would help ensure market risk capital 
requirements appropriately capture a banking organization's actual 
market risk exposure in a manner that minimizes compliance burden and 
enhances risk-capture. Furthermore, the proposed standardized measure 
for market risk would promote comparability in market risk capital 
requirements across banking organizations subject to the proposal.
    The proposed models-based measure for market risk would provide 
important improvements to the risk sensitivity and calibration of risk-
weighted assets for market risk. In addition to replacing the VaR-based 
measure with an expected shortfall measure to capture tail risk better, 
the models-based measure for market risk would replace the fixed ten 
business-day liquidity horizon in the market risk capital framework of 
the current capital rule with liquidity horizons that vary based on the 
underlying risk factors in order to adequately capture the market risk 
of less liquid positions. The proposal also would limit the regulatory 
capital benefit of hedging and portfolio diversification across 
different asset classes, which may dissipate in stress periods.
    At a high level, both the proposed standardized measure and the 
models-based measure for market risk would consist of a non-default 
capital

[[Page 15019]]

requirement specific to each measure; a default risk capital 
requirement, which would be the same under both the standardized and 
models-based measures for market risk; a fallback capital requirement; 
and a capital add-on for re-designations. Each measure would include 
any additional capital requirement established by the primary Federal 
supervisor. Figure 1 illustrates the components of the standardized 
measure for market risk and Figure 2 illustrates the components of the 
models-based measure for market risk. Each of the components is 
described below in this section.
[GRAPHIC] [TIFF OMITTED] TP27MR26.075

[GRAPHIC] [TIFF OMITTED] TP27MR26.076


[[Page 15020]]


a. Standardized Non-Default Capital Requirement
    Under the proposal, the standardized non-default capital 
requirement would consist of two components: a sensitivities-based 
method capital requirement and a residual risk add-on, each further 
described in section V.A.7. of this SUPPLEMENTARY INFORMATION. The 
sensitivities-based capital requirement captures non-default market 
risk based on the estimated losses produced by risk factor 
sensitivities \255\ under regulatorily determined stressed 
conditions.\256\ The residual risk add-on serves to produce a simple, 
conservative capital requirement for any other known risks that are not 
already captured by the sensitivities-based method capital requirement 
or the default risk capital requirement, including gap risk, 
correlation risk, and behavioral risks, such as prepayments.
---------------------------------------------------------------------------

    \255\ A risk factor sensitivity is the change in value of an 
instrument given a small movement in a risk factor that affects the 
instrument's value.
    \256\ Under the proposal, the market risk capital requirement 
for the sensitivities-based method would equal the sum of the 
capital requirements for a given risk factor for delta (a measure of 
impact on a market risk covered position's value from small changes 
in underlying risk factors), vega (a measure of the impact on a 
market risk covered position's value from small changes in 
volatility) and curvature (a measure of the additional change in the 
positions' value not captured by delta arising from changes in the 
value of an option or an embedded option). As discussed further in 
section V.A.6.d.i. of this SUPPLEMENTARY INFORMATION, model-eligible 
trading desk would be allowed to hold insignificant amounts of 
model-ineligible positions such as securitization positions, 
correlation trading positions, or certain equity positions in 
investment funds. The proposal would require a banking organization 
to calculate the non-default capital requirement for model-
ineligible positions using the standardized non-default capital 
requirement.
---------------------------------------------------------------------------

b. Non-Default Capital Requirement Under the Models-Based Measure
    Under the proposal, a banking organization that has received prior 
supervisory approval to use the models-based measure for market risk 
could have some trading desks that are eligible for the models-based 
non-default capital requirement (model-eligible trading desks) and 
others that are not (model-ineligible trading desks).\257\ The proposal 
would limit use of the models-based non-default capital requirement to 
those trading desks that can appropriately capture the risks of market 
risk covered positions in internal models and that satisfy the model 
eligibility criteria and processes (for example, desk-level 
backtesting) introduced under the proposal, as described in section 
V.A.6.d. of this SUPPLEMENTARY INFORMATION. Specifically, if the 
primary Federal supervisor were to approve a banking organization to 
calculate market risk capital requirements for one or more model-
eligible trading desks under the models-based non-default capital 
requirement, the banking organization would be required to calculate 
the entity-wide market risk capital requirement under the models-based 
measure for market risk, which would incorporate the capital 
requirements for model-eligible and model-ineligible positions, 
according to the following formula, as provided under Sec.  __.204(c) 
of the proposed rule:
---------------------------------------------------------------------------

    \257\ As discussed further in section V.A.6.d.i. of this 
SUPPLEMENTARY INFORMATION, model-eligible trading desk would be 
allowed to hold insignificant amounts of model-ineligible positions 
such as securitization positions, correlation trading positions, or 
certain equity positions in investment funds. The proposal would 
require a banking organization to calculate the non-default capital 
requirement for model-ineligible positions using the standardized 
non-default capital requirement.

Models-based measure for market risk = NDCR + DRC + fallback capital 
---------------------------------------------------------------------------
requirement + capital add-on for redesignations


    Consistent with the standardized non-default capital requirement as 
discussed above, the non-default capital requirement under the models-
based measure (NDCR) is intended to capture potential losses arising 
from changes in risk factors under severe stress conditions. More 
specifically, the proposal would set the non-default capital 
requirement under the models-based measure equal to the sum of (1) the 
models-based non-default capital requirement for model-eligible 
positions (IMAG,A) and (2) the difference between the standardized non-
default capital requirement for all trading desks (SAall desks) and the 
standardized non-default capital requirement for model-eligible 
positions (SAG,A).

NDCR = IMAG,A + (SAall desks-SAG,A)

    The agencies recognize that simply adding the standardized non-
default capital requirements for model-ineligible positions and the 
models-based non-default capital requirements for model-eligible 
positions (IMAG,A) together would disregard potential diversification 
effects between these two types of market risk covered positions. In 
order to appropriately reflect the marginal contribution of model-
ineligible positions subject to the standardized non-default capital 
requirement, the proposal would require a banking organization to 
calculate the standardized non-default capital requirement for all 
market risk covered positions on all trading desks (SAall desks) and 
subtract the amount required under the standardized non-default capital 
requirement for model-eligible positions (SAG,A). To appropriately 
capture implied diversification benefits between model-eligible and 
model-ineligible positions across trading desks, the proposal would 
require a banking organization to calculate the non-default capital 
requirement as the sum of the models-based non-default capital 
requirement for model-eligible positions (IMAG,A) and the adjusted 
standardized non-default capital requirement for model ineligible 
positions (SAall desks-SAG,A).
    In some circumstances, non-default capital requirement for model-
eligible positions (IMAG,A) may exceed the standardized non-default 
capital requirement for model-eligible positions (SAG,A). In such 
cases, the non-default capital requirement under the models-based 
measure (NDCR) would exceed the standardized non-default capital 
requirement for all market risk covered positions on all trading desks 
(SAall desks). While there can be merit in requiring a banking 
organization to reflect higher capital requirements produced by the 
models-based non-default capital requirement for model-eligible 
positions, there could be instances when the higher capital 
requirements are not commensurate with the risk profile of the banking 
organization's market risk covered positions. To address such 
situations, the proposal would allow a banking organization, with prior 
approval from the primary Federal supervisor, to cap the amount of 
capital required under the non-default capital requirement of the 
models-based measure (NDCR) at the standardized non-default capital 
requirement for all trading desks (SAall desks). To receive approval to 
cap the non-default capital requirement under the models-based measure, 
a banking organization would be required to demonstrate to the primary 
Federal supervisor that the aggregate market risk capital requirement 
with the cap would be adequate with respect to the risk profile of the 
banking organization's market risk covered positions and consistent 
with safety and soundness.\258\
---------------------------------------------------------------------------

    \258\ For example, periods of sudden and extreme market 
volatility (such as the COVID pandemic) may significantly increase 
the number of aggregate trading portfolio backtesting exceptions, 
which can result in models-based non-default capital requirement 
being unduly conservative relative to the market risk to which the 
banking organization is exposed.
---------------------------------------------------------------------------

    Question 95: The agencies seek comment on the recognition of 
diversification benefits between model-eligible and model-ineligible 
positions across trading desks. What are the advantages and 
disadvantages of

[[Page 15021]]

requiring a banking organization to calculate the models-based non-
default capital requirement as the sum of the models-based non-default 
capital requirement for model-eligible positions (IMAG,A) and the 
adjusted standardized non-default capital requirement for model 
ineligible positions (SAall desks-SAG,A), and why? If the agencies were 
to consider not recognizing any diversification benefits between model-
eligible and model-ineligible positions across trading desks, should 
---------------------------------------------------------------------------
the agencies consider adopting the following formula:

Models Based Non -Default Capital Requirement = min ((IMAG,A + PLA add-
on + SAU), SAall desks) + max ((IMAG,A-SAG,A),0)

Where, SAu would be the standardized approach capital requirement 
for market risk covered positions for model-ineligible trading 
desks.

    What are the advantages and disadvantages of calculating the 
models-based non-default capital requirement as the sum of the models-
based non-default capital requirement for model-eligible trading desks 
and the standardized non-default capital requirement for model-
ineligible trading desks, capped at the capital requirement for all 
trading desks under the standardized non-default capital requirement, 
plus the difference between the models-based non-default capital 
requirement for model-eligible desks and the standardized non-default 
capital requirement for model-eligible desks? If the agencies were to 
consider this alternative, what adjustments should be made? Why? Please 
include any supporting empirical data, including during periods of 
market stress, and rationale that would be helpful for evaluating this 
alternative.
    Question 96: The agencies seek comment on allowing a banking 
organization to cap the non-default risk capital requirement under the 
models-based measure at the amount required by the standardized non-
default capital requirement for all trading desks upon approval by the 
primary Federal supervisor. What are the advantages and disadvantages 
of the proposed cap, and why? If the agencies were to consider allowing 
the cap to be in effect in all circumstances, without prior approval, 
what are the advantages and disadvantages of the proposed supervisory 
approval requirement, and why? Commenters are encouraged to provide 
supporting rationale and data.
    Question 97: In order to provide appropriate incentives for banking 
organizations to use internal models, what, if any, alternatives to 
capping the amount of capital required under the non-default risk 
capital requirement within the models-based measure at the amount 
required by the standardized non-default capital requirement for all 
trading desks should the agencies consider, and why?
c. Default Risk Capital Requirement
    The default risk capital requirement, further described in section 
V.A.9. of this SUPPLEMENTARY INFORMATION, would capture losses on 
credit and equity positions in the event of issuer default for purposes 
of both the standardized measure for market risk and the models-based 
measure for market risk. To recognize offsetting of long and short 
positions across model-eligible and model-ineligible positions, the 
models-based measure for market risk would require banking 
organizations to perform a single calculation of the default risk 
capital requirement that includes all market risk covered positions.
d. Fallback Capital Requirement
    The agencies recognize that a banking organization may not be able 
to calculate market risk capital requirements for one or more of its 
market risk covered positions under the standardized non-default 
capital requirement, the models-based non-default capital requirement, 
or the default risk capital requirement. For example, a banking 
organization may not be able to calculate some risk factor 
sensitivities or components for one or more market risk covered 
positions due to an operational issue or a calculation failure. Such 
issues could arise when a new market product is introduced and the 
banking organization has not had sufficient time to develop models and 
analytics to produce the required sensitivities or the new data feeds 
for the proposed market risk capital calculations. In such cases, the 
proposal would require a banking organization to apply the fallback 
capital requirement to the affected market risk covered positions, as 
further described below.
    For purposes of calculating the standardized measure for market 
risk, the proposal would require a banking organization to apply the 
fallback capital requirement to each of the affected positions and 
exclude such positions from the standardized non-default capital 
requirement and the default risk capital requirement.\259\
---------------------------------------------------------------------------

    \259\ The respective components of the standardized non-default 
capital requirement are the sensitivities-based method capital 
requirement and the residual risk add-on.
---------------------------------------------------------------------------

    For purposes of calculating the models-based measure for market 
risk, the proposal would require the banking organization to apply the 
fallback capital requirement to each market risk covered position for 
which it is not able to apply the models-based non-default capital 
requirement, the standardized non-default capital requirement, or the 
default risk capital requirement, as applicable, and exclude such 
positions from the respective components of models-based measure for 
market risk.
    The fallback capital requirement would equal the sum of the 
absolute value of the fair value of each position subject to the 
fallback capital requirement, unless the banking organization receives 
prior approval from its primary Federal supervisor to use an 
alternative method to quantify the market risk capital requirement for 
such positions. The fallback capital requirement would only apply in 
instances where a banking organization is not able to capture all 
relevant risks of market risk covered positions under the standardized 
non-default capital requirement, the models-based non-default capital 
requirement, or the default risk capital requirement. As such, the 
agencies consider that applying a separate capital treatment for such 
positions is appropriate to ensure that they are conservatively 
incorporated into the market risk capital requirement. The agencies 
also recognize that using the fair value for derivatives can materially 
underestimate the exposure to the derivative positions given the fair 
market value of any given derivatives can change daily, often with a 
magnitude much greater than their current fair value. Therefore, for 
derivative positions that represent more than de-minimis exposure, the 
banking organizations should notify their primary Federal supervisor. 
In such cases, the banking organization can propose an alternative 
methodology (subject to approval from the primary Federal supervisor) 
or the primary Federal supervisor can mandate a methodology for the 
banking organization to adopt for the fallback capital requirement.
    Question 98: The fair value for derivative positions may materially 
underestimate the exposure because the fair value of derivatives is 
generally lower than the derivatives' potential exposure (for example, 
fair value of a derivative swap contract is generally zero at 
origination). What are the advantages and disadvantages of using the 
absolute fair value of the derivative positions for the calculation of 
the fallback capital requirement? What could be alternative 
methodologies for the fallback capital requirements for

[[Page 15022]]

derivative positions? What, if any, alternative techniques would more 
appropriately measure the market risk associated with market risk 
covered positions for which the standardized non-default capital 
requirement cannot be applied?
    Question 99: What are the advantages and disadvantages of asking a 
banking organization to notify its primary Federal supervisor if the 
banking organization has derivative positions that represent more than 
de-minimis exposure and it plans to use an alternative methodology to 
calculate the fallback capital requirement, and why? What are the 
advantages and disadvantages of requiring a banking organization to 
notify its primary Federal supervisor, and why?
e. Capital Add-On for Re-Designations
    The proposal would require a banking organization to have clearly 
defined policies and procedures for identifying positions that are 
market risk covered positions and those that are not, as well as for 
determining whether, after such initial designation, a position needs 
to be re-designated as being a market risk covered position or not.
    A position's effect on risk-weighted assets can vary based on 
whether it is a market risk covered position. Therefore, to offset any 
potential capital benefit that otherwise might be received from re-
designating a position, the proposal would introduce the capital add-on 
requirement to compensate for any re-designation. The capital add-on 
requirement for re-designations would apply in cases where a banking 
organization re-classifies an instrument after initial designation as 
being subject either to the market risk capital requirements or to the 
capital requirements under the standardized approach or the expanded 
risk-based approach, respectively. With prior notification to the 
primary Federal supervisor, the proposal would not require a banking 
organization to apply the capital add-on for re-designations arising 
from circumstances that are outside of the banking organization's 
control (for example, changes in accounting standards or in the 
characteristics of the instrument itself, such as an equity being 
listed or de-listed). The agencies expect re-designations to be 
extremely rare, and recognize that re-designations could occur, for 
example, due to the termination of a business activity applicable to 
the instrument. Given the very limited circumstances under which re-
designations would occur, any re-designation would be irrevocable, 
unless the banking organization receives prior approval from its 
primary Federal supervisor.
    To calculate the capital add-on for a re-designation, a banking 
organization would be required to calculate its total capital 
requirements for the re-designated positions separately under the 
standardized approach or the expanded risk-based approach, as 
applicable, and under market risk capital framework before and 
immediately after the re-designation of a position. If the total 
capital requirement is lower as a result of the re-designation, then 
the difference between the two would be the capital add-on for the re-
designation to avoid any resultant reduction in market risk capital 
requirements.
    The proposal would require a banking organization to calculate the 
capital add-on requirement at the time of the re-designation. The 
capital add-on requirement would decline proportionate to the balance 
sheet value relative to the time of the re-designation. This could 
occur when an instrument matures, pays down, amortizes, or expires, or 
the banking organization sells or exits (in whole or in parts) the 
position.
    Question 100: What, if any, operational challenges could the 
proposed capital add-on calculation pose? What, if any, changes should 
the agencies consider making to the proposed exceptions to the capital 
add-on, such as to address additional circumstances in which the 
capital add-ons for re-designations should not apply, and why? For 
example, what would be advantages and disadvantages of exempting 
transactions in high quality liquid assets (HQLA) between a business 
unit of a banking organization that engages in asset-liability 
management and internal trading desk from the re-designation framework, 
and why?
    Question 101: The agencies seek comment on whether the re-
designation framework should include a grace period (for example, 10 
business days) that would allow a banking organization to identify and 
correct any errors during the initial re-designation process. What are 
the advantages and disadvantages of the grace period and why?
f. Additional Capital Requirement and Other Provisions
    As part of the proposal's reservation of authority provisions, the 
primary Federal supervisor may require a banking organization to 
maintain an overall amount of capital that differs from the amount 
otherwise required under the proposal, if the primary Federal 
supervisor determines that the banking organization's market risk 
capital requirements under the proposal are not commensurate with the 
risk of the banking organization's market risk covered positions, a 
specific market risk covered position, or categories of positions, as 
applicable.
    The primary Federal supervisor also would have the authority to 
require a banking organization to calculate capital requirements for 
specific positions or categories of positions under either the 
standardized approach or the expanded risk-based approach instead of 
under the market risk capital framework, or under the market risk 
capital framework instead of under the standardized approach or the 
expanded risk-based approach, as applicable, to more appropriately 
reflect the risks of the positions. Alternatively, under the proposal, 
the primary Federal supervisor may require a banking organization to 
apply a capital add-on for re-designations of specific positions or 
portfolios. These proposed provisions would help the primary Federal 
supervisor ensure that a banking organization's risk-based capital 
requirements appropriately reflect the risks of such positions.
    Additionally, for a banking organization that uses the models-based 
measure for market risk, the agencies would reserve the authority to 
require such a banking organization to modify its observation period or 
methodology (including the stress period) used to measure market risk, 
when calculating the expected shortfall measure or stressed expected 
shortfall. In this way, the proposal would help the primary Federal 
supervisor ensure that a banking organization's internal models remain 
sufficiently robust to capture risks in a dynamic market environment 
and appropriately reflect the risks of such positions. Furthermore, the 
primary Federal supervisor could require a banking organization that 
has one or more model-eligible trading desks to calculate the 
standardized non-default risk capital requirement for each model-
eligible trading desk as if that trading desk were a standalone 
regulatory portfolio. This situation could arise when, for example, a 
banking organization is unable to empirically justify the correlation 
of a trading desk's losses with other model-eligible trading desks.
4. Market Risk Covered Position
    Market risk capital requirements under the current capital rule 
apply to a banking organization's covered positions, which are defined 
to include, subject to certain restrictions: (i) any trading asset or 
trading liability as

[[Page 15023]]

reported on a banking organization's regulatory reports that is a 
trading position \260\ or that hedges another covered position and is 
free of any restrictive covenants on its tradability or for which the 
material risk elements may be hedged by the banking organization in a 
two-way market, and (ii) any foreign exchange \261\ or commodity 
position regardless of whether such position is a trading asset or 
trading liability. The definition of a covered position also explicitly 
excludes certain positions. Thus, the definition is structured into 
three broad categories, each subject to certain conditions: trading 
assets or liabilities that are covered positions, positions that are 
covered positions regardless of whether they are trading assets or 
trading liabilities, and exclusions.
---------------------------------------------------------------------------

    \260\ The current capital rule defines a trading position as one 
that is held by a banking organization for the purpose of short-term 
resale or with the intent of benefiting from actual or expected 
short-term price movements or to lock-in arbitrage profits.
    \261\ With prior approval from its primary Federal supervisor, 
the proposal would allow a banking organization to exclude from its 
market risk covered positions any structural position in a foreign 
currency, which is defined as a position that is not a trading 
position and that is (i) a subordinated debt, equity or minority 
interest in a consolidated subsidiary that is denominated in a 
foreign currency; (ii) capital assigned to foreign branches that is 
denominated in a foreign currency; (iii) a position related to an 
unconsolidated subsidiary or another item that is denominated in a 
foreign currency and that is deducted from the banking 
organization's tier 1 or tier 2 capital, or (iv) a position designed 
to hedge a banking organization's capital ratios or earnings against 
the effect of adverse exchange rate movements on (i), (ii), or 
(iii).
---------------------------------------------------------------------------

    The proposal would retain the structure and major elements of the 
existing definition of covered position (re-designated as ``market risk 
covered position'') with several modifications. These modifications aim 
to better align the definition of market risk covered position with 
those positions the agencies consider should be subject to the market 
risk capital requirements, as well as to reflect other proposed changes 
to the framework (for example, to incorporate the proposed treatment of 
internal risk transfers). The proposed revisions would capture 
positions that have exposures to market risk and also help promote 
consistency and comparability in the risk-based capital treatment of 
positions across banking organizations.
a. Trading Assets and Trading Liabilities That Would Be Market Risk 
Covered Positions Under the Proposal
    The proposed definition of market risk covered position would 
explicitly include any trading asset or trading liability that is held 
for the purpose of regular dealing or making a market in securities or 
other instruments.\262\ In general, such positions are held to 
facilitate sales to customers or otherwise to support the banking 
organization's trading activities, for example by hedging its trading 
positions, and, therefore, expose a banking organization to market 
risk.
---------------------------------------------------------------------------

    \262\ Consistent with the current capital rule, the proposal 
also would require such a position to be free of any restrictive 
covenants on its tradability or for the banking organization to be 
able to hedge the material risk elements of such a position in a 
two-way market.
---------------------------------------------------------------------------

b. Positions That Would Be Market Risk Covered Positions Under the 
Proposal Regardless of Whether They are Trading Assets or Trading 
Liabilities
    The proposal would include as market risk covered positions certain 
positions or hedges of such positions regardless of whether the 
position is a trading asset or trading liability.\263\ Consistent with 
the current capital rule, such positions would continue to include 
foreign exchange and commodity positions with certain exclusions. In 
particular, the proposal would continue to allow a banking organization 
to exclude structural positions in a foreign currency from market risk 
covered positions with prior approval from its primary Federal 
supervisor. To incentivize prudent hedging and sound risk management, 
the proposal would also exclude foreign exchange and commodity 
positions that are CVA hedges from the definition of market risk 
covered position.\264\
---------------------------------------------------------------------------

    \263\ A position that hedges a trading position would be 
required to be within the scope of the banking organization's 
hedging strategy as described in Sec.  __.203(a)(2) of the proposed 
rule. Extending market risk covered positions to also include such 
hedges is intended to encourage sound risk management by allowing a 
banking organization to capture both the underlying market risk 
covered position and any associated hedge(s) when calculating its 
market risk capital requirements. Consistent with current practice, 
the agencies would review a banking organization's hedging 
strategies to ensure the appropriate designation of positions 
subject to market risk capital requirements.
    \264\ The proposal would define CVA hedge as a transaction that 
a banking organization enters into with a third party or an internal 
trading desk and manages for the purpose of mitigating CVA risk. 
Thus, the proposal would exclude from market risk capital 
requirements any CVA hedge--regardless of whether or not a banking 
organization is subject to CVA risk capital requirements.
---------------------------------------------------------------------------

    The proposal would also expand the types of positions that would be 
market risk covered positions, even if not categorized as trading 
assets or trading liabilities, to include the following, each discussed 
further below: (i) certain equity positions in an investment fund; 
\265\ (ii) net short risk positions; (iii) certain publicly traded 
equity positions; \266\ (iv) certain embedded derivatives on 
instruments issued by the banking organization that relate to credit or 
equity risk and that the banking organization bifurcates for accounting 
purposes or elects the fair value option for purposes of financial 
reporting; \267\ (v) certain positions associated with internal risk 
transfer under the proposal; \268\ and (vi) certain instruments 
resulting from securities underwriting commitments.
---------------------------------------------------------------------------

    \265\ Equity positions in investment funds arising from bank-
owned life insurance, corporate owned-life insurance owned by an 
affiliate, or that the banking organization has acquired for the 
purpose of providing such fund with sufficient initial equity to 
permit the fund to attract unaffiliated investors and held for less 
than five years (``seed capital investments'') and any hedges of 
such positions that qualify for effective hedge pair treatment under 
Sec.  __.52(c) of the current rule or Sec.  __.141(c) of the 
proposal would not be included in the scope of market risk covered 
position.
    \266\ Equity positions arising from deferred compensation plans 
and hedges of such positions that qualify for effective hedge pair 
treatment under Sec.  __.52(c) of the current rule or Sec.  
__.141(c) of the proposal would not be included in the scope of 
market risk covered position.
    \267\ With prior approval from its primary Federal supervisor, 
the proposal would allow a banking organization to include in the 
scope of market risk covered positions an entire instrument with an 
embedded derivative issued by the banking organization and that 
relates to credit or equity risk and for which the banking 
organization elects the fair value option for purposes of financial 
reporting.
    \268\ See section V.A.5. of this SUPPLEMENTARY INFORMATION for 
further detail on eligible internal risk transfer positions.
---------------------------------------------------------------------------

    First, the proposal would include as a market risk covered position 
an equity position in an investment fund for which the banking 
organization has access to the fund's prospectus, partnership 
agreement, or similar contract that defines the fund's permissible 
investments and investment limits, and which meets one of two 
conditions. Specifically, the banking organization would either need to 
(i) be able to use the look-through approach to calculate a market risk 
capital requirement for its proportional ownership share of each 
exposure held by the investment fund, or (ii) obtain daily price quotes 
for the investment fund.
    The current covered position definition relies in part on the legal 
form of the investment fund by referencing the Investment Company Act 
of 1940 \269\ to determine whether an equity position in such a fund is 
a covered position. In contrast, the proposed criteria would capture 
equity positions for which there is sufficient transparency for the 
positions to be reliably valued on a daily basis. This valuation could 
come either from an observable market price for the equity position in 
the investment fund itself or

[[Page 15024]]

from the banking organization's ability to identify the underlying 
positions held by the investment fund.
---------------------------------------------------------------------------

    \269\ 15 U.S.C. 80a-1 et seq.
---------------------------------------------------------------------------

    Second, the proposal would introduce a new term, net short risk 
positions, to describe credit and equity exposures that are outright 
short positions or over-hedges of credit and equity exposures that are 
not market risk covered positions. As the hedged exposures from which 
such positions originate are not traded, net short risk positions would 
not meet the definition of trading position even though they expose the 
banking organization to market risk.\270\ The agencies propose to 
include any net short risk position of at least $20 million, adjusted 
to reflect CPI-W, in market risk covered positions in order to help 
ensure that such exposures are appropriately reflected in banking 
organizations' risk-based capital requirements.\271\
---------------------------------------------------------------------------

    \270\ The proposal would retain, without modification, the 
existing definition of trading position in the market risk capital 
framework of the current capital rule. See 12 CFR 3.202 (OCC); 12 
CFR 217.202 (Board); 12 CFR 324.202 (FDIC).
    \271\ As discussed in section II.E. of this SUPPLEMENTARY 
INFORMATION, the proposal would index the $20 million threshold for 
net short risk positions going forward on an annual basis to reflect 
CPI-W.
---------------------------------------------------------------------------

    For example, assume a banking organization purchases an eligible 
credit derivative (for example, a credit default swap) to mitigate the 
credit risk arising from a loan that is not a market risk covered 
position and the notional amount of protection provided by the credit 
default swap exceeds the loan exposure amount. The banking organization 
is exposed to additional market risk on the exposure arising from the 
difference between the amount of protection purchased and the amount of 
protected exposure because the value of the protection would fall if 
the credit spread of the credit default swap narrows. Neither the 
standardized approach nor the expanded risk-based approach would 
require the banking organization to reflect this risk in risk-weighted 
assets. To capture the market risk arising from net short risk 
positions, the proposal would require the banking organization to treat 
such positions that meet or exceed the proposed dollar threshold 
described above as market risk covered positions.
    To calculate the exposure amount of a net short risk position, the 
proposal would require a banking organization to compare the notional 
amounts of its long and short credit positions and the adjusted 
notional amounts of its long and short equity positions that are not 
market risk covered positions.\272\ For purposes of this calculation, 
the notional amounts would include the total funded and unfunded 
commitments for loans that are not market risk covered positions. 
Additionally, as a banking organization may hedge exposures at either 
the single-name level or the portfolio level, the proposal would 
require a banking organization to identify separately net short risk 
positions for single-name exposures and for index hedges. For single-
name exposures, a banking organization would need to evaluate its long 
and short equity and credit exposures for all positions referencing a 
single name or obligor to determine if it has a net short risk 
position. For index hedges, a banking organization would need to 
evaluate its long and short equity and credit exposures for all 
positions that are not market risk covered positions in the hedged 
portfolio (aggregating across all relevant individual exposures) to 
determine if it has a net short risk position for any hedged portfolio.
---------------------------------------------------------------------------

    \272\ For equity derivatives, the adjusted notional amount would 
be the product of the current price of one unit of the stock (for 
example, a share of equity) and the number of units referenced by 
the trade.
---------------------------------------------------------------------------

    Exposures arising from net short risk positions are a potential 
area where a banking organization may maintain insufficient capital 
relative to the market risk. The agencies nonetheless recognize that 
requiring a banking organization to capture every net short exposure 
that may arise, regardless of size or duration, when calculating its 
market risk capital requirements could be burdensome. Accordingly, the 
proposed $20 million threshold is intended to help ensure that 
individual net short risk exposures that could materially impact the 
risk-based capital requirements of a banking organization would be 
appropriately reflected in the proposed market risk capital 
requirements. Additionally, the proposed $20 million threshold is 
intended to strike a balance between over-hedging concerns and aligning 
incentives for banking organizations to prudently hedge and manage risk 
while capturing positions for which a market risk capital requirement 
would be appropriate. For example, if a loan amortizes more quickly 
than expected, due to a borrower making additional payments to pay down 
principal, the amount of notional protection would only constitute a 
net short risk position if it exceeds the amount of the total committed 
loan balance by $20 million or more. The operational burden of 
requiring a banking organization to capture temporary or small 
differences due to accelerated amortization within its market risk 
capital requirements could inhibit the banking organization from 
engaging in prudential hedging and sound risk management. The proposal 
would require a banking organization to calculate net short risk 
positions on a spot, quarter-end basis, consistent with regulatory 
reporting, in order to reduce the operational burden of identifying 
such positions subject to the proposed market risk capital 
requirements.\273\
---------------------------------------------------------------------------

    \273\ For net short-risk positions, banking organizations may 
use their spot, quarter-end calculations for the purposes of their 
weekly calculations of the standardized measure for market risk or 
daily calculations of the models-based measure for market risk.
---------------------------------------------------------------------------

    Third, the proposal generally would include as market risk covered 
positions all publicly traded equity positions \274\ regardless of 
whether they are trading assets or trading liabilities, provided that 
there are no restrictions on the tradability of such positions.
---------------------------------------------------------------------------

    \274\ The proposal would not change the current capital rule's 
definition of publicly traded as traded on: (1) any exchange 
registered with the SEC as a national securities exchange under 
section 6 of the Securities Exchange Act of 1934 (15 U.S.C. 78f); or 
(2) any non-U.S.-based securities exchange that is registered with, 
or approved by, a national securities regulatory authority and that 
provides a liquid, two-way market for the instrument in question. 
Consistent with the current capital rule, the proposal would define 
a two-way market as a market where there are independent bona fide 
offers to buy and sell so that a price reasonably related to the 
last sales price or current bona fide competitive bid and offer 
quotations can be determined within one day and settled at that 
price within a relatively short time frame conforming to trade 
custom.
---------------------------------------------------------------------------

    Fourth, a banking organization may issue hybrid instruments that 
contain an embedded derivative related to credit or equity risk and a 
host contract, and bifurcate the derivative and the host contract for 
accounting purposes under GAAP or elect the fair value option for such 
an embedded derivative for purposes of financial reporting.\275\ Under 
such circumstances, the proposal would include the embedded derivative 
in the definition of market risk covered position regardless of whether 
GAAP treats the derivative as a trading asset or a trading 
liability.\276\ This approach

[[Page 15025]]

would capture the market risk of embedded derivatives a banking 
organization faces when it issues such hybrid instruments while being 
sensitive to the operational challenges of requiring banking 
organizations to calculate the fair value of such derivatives on a 
daily basis, and also appropriately exclude conventional instruments 
with an embedded derivative for which the capital requirements under 
the standardized approach or the expanded risk-based approach, as 
applicable, would be appropriate.\277\ If a banking organization elects 
to report the entire hybrid instrument at fair value under the fair 
value option for accounting purposes (rather than bifurcating the 
derivative and host contract), the proposal would allow the banking 
organization to treat the entire instrument (and any associated hedges) 
as a market risk covered position with prior approval from the primary 
Federal supervisor. The agencies recognize such hybrid instruments can 
also present market risk, which banking organizations may choose to 
hedge either at the level of the embedded derivative or the entire 
instrument. To encourage sound risk management without unduly 
increasing operational burden or decreasing the overall capital 
required under the market risk framework,\278\ the proposal would allow 
banking organizations to treat the entire instrument (as well as any 
associated hedges) as a market risk covered position with prior 
approval from the primary Federal supervisor.\279\
---------------------------------------------------------------------------

    \275\ This would apply to hybrid contracts containing an 
embedded derivative that must be separated from the host contract 
and accounted for as a derivative instrument under ASC Topic 815, 
Derivatives and Hedging (formerly FASB Statement No. 133 
``Accounting for Derivative Instruments and Hedging Activities,'' as 
amended).
    \276\ For purposes of regulatory reporting, the instructions to 
the FR Y-9C and Call Report require a banking organization to 
classify as trading securities all debt securities that a banking 
organization has elected to report at fair value under a fair value 
option with changes in fair value reported in current earnings, 
regardless of whether such positions are held with trading intent. 
ASC 815-15-25-4 permits both issuers of and investors in hybrid 
financial instruments that would otherwise require bifurcation of an 
embedded derivative to elect at acquisition, issuance or a new basis 
event to carry such instrument at fair value with all changes in 
fair value reported in earnings.
    \277\ For example, a conventional mortgage loan contains an 
embedded prepayment or call option.
    \278\ For example, a banking organization can choose to hedge 
structured notes issued by a banking organization that are linked to 
credit or equity risk with trading instruments even if the banking 
organization does not view the structured note as a trading 
position.
    \279\ The agencies anticipate that such approval would be 
granted in limited circumstances such as where the instrument or 
associated hedges trade or may be hedged in liquid, two-way markets.
---------------------------------------------------------------------------

    Fifth, the proposed definition of market risk covered position 
would include certain transactions of internal risk transfers, as 
described in section V.A.5. of this SUPPLEMENTARY INFORMATION, based in 
certain cases on the eligibility of the internal risk transfers. The 
market risk covered position would explicitly include (1) the trading 
desk segment of an eligible internal risk transfer of credit risk, 
interest rate risk, or CVA risk; \280\ and (2) certain external 
transactions \281\ based on eligibility of the risk transfers, executed 
by a trading desk related to an internal risk transfer of credit or 
interest rate risk. This aspect of the proposal is intended to help 
promote consistency and comparability in the risk-based capital 
treatment of such positions across banking organizations and ensure the 
appropriate capitalization of such positions under the standardized 
approach, the expanded risk-based approach, or the market risk capital 
framework of the capital rule.
---------------------------------------------------------------------------

    \280\ Under the proposal, only banking organizations subject to 
CVA risk capital requirements would be required to treat the trading 
desk segment of an eligible internal risk transfer of CVA risk as a 
market risk covered position, as described in section V.B.2. of this 
SUPPLEMENTARY INFORMATION. The proposed definition of market risk 
covered position would not include the trading desk segment of an 
eligible internal risk transfer of CVA risk for banking 
organizations subject to the market risk framework but not CVA risk 
framework.
    \281\ An external transaction generally refers to a transaction 
between a banking organization and an unaffiliated third party 
(except that in the case of a banking organization that is a 
depository institution, a transaction with an affiliate that is not 
a direct or indirect subsidiary of the depository institution would 
also be an external transaction for purposes of the depository 
institution's stand-alone capital requirement).
---------------------------------------------------------------------------

    Sixth, the proposed definition of market risk covered position 
would include instruments resulting from securities underwriting 
commitments where the securities are expected to be purchased by the 
banking organization on the settlement date, except those that a 
banking organization expects to classify as held to maturity or 
available for sale upon purchase. In general, such positions are held 
for sale or otherwise to support the banking organization's trading 
activities and, therefore, expose a banking organization to significant 
market risk. The agencies recognize that there may be circumstances 
under which the banking organization, as underwriter, might hold 
securities for investment purposes that it could not sell in the 
distribution. As such securities are not reflective of a banking 
organization's trading activity, the proposal would exclude instruments 
that a banking organization expects to purchase for held to maturity or 
available for sale purposes from the definition of market risk covered 
position.
c. Exclusions From the Proposed Definition of Market Risk Covered 
Position
    The definition of a covered position in the current capital rule 
explicitly excludes certain positions.\282\ These excluded instruments 
and positions generally reflect the fact that they are either deducted 
from regulatory capital, explicitly addressed under the standardized 
approach and advanced approaches of the current capital rule, have 
significant constraints in terms of a banking organization's ability to 
liquidate them readily and value them reliably on a daily basis, or are 
not held with trading intent.
---------------------------------------------------------------------------

    \282\ See 77 FR 53060, 53064-65 (Aug. 30, 2012) for a more 
detailed discussion on these exclusions under the market risk 
capital rule.
---------------------------------------------------------------------------

    Consistent with the current capital rule, the proposal would 
continue to exclude from the definition of market risk covered 
positions: (1) any intangible asset, including any servicing asset; (2) 
any hedge of a trading position that the banking organization's primary 
Federal supervisor determines to be outside the scope of the banking 
organization's trading and hedging strategy; (3) any instrument that, 
in form or substance, acts as a liquidity facility that provides 
support to asset-backed commercial paper; (4) any position a banking 
organization holds with the intent to securitize; and (5) any CVA 
hedge.\283\ The proposed definition would also continue to exclude from 
market risk covered positions any direct real estate holdings.\284\ 
Consistent with past guidance from the agencies, indirect investments 
in real estate, such as through REITs or special purpose vehicles, 
would not be direct real estate holdings and could be market risk 
covered positions if they meet the proposed definition.\285\
---------------------------------------------------------------------------

    \283\ See definition of ``CVA hedge'' and ``market risk covered 
position'' under Sec.  __.202 of the proposal rule.
    \284\ Direct real estate holdings include real estate for which 
the banking organization holds title, such as ``other real estate 
owned'' held from foreclosure activities, and bank premises used by 
the bank as part of its ongoing business activities.
    \285\ See 77 FR 53060, 53065 (August 30, 2012) for the agencies' 
interpretive guidance on the treatment of such indirect holdings 
under the market risk capital framework of the capital rule.
---------------------------------------------------------------------------

    The proposed definition would also exclude the following from the 
definition of market risk covered position: (1) any non-publicly traded 
equity positions, other than certain equity positions in investment 
funds, (2) any publicly traded equity position that has restrictions on 
tradability; (3) any publicly traded equity position that is a 
significant investment in the capital of an unconsolidated financial 
institution in the form of common stock not deducted from regulatory 
capital, as applicable, (4) any equity position in an investment fund 
that is not a trading asset or trading liability or that otherwise does 
not meet the requirements to be a market risk covered position,\286\ 
and (5) equity positions that

[[Page 15026]]

qualify as effective hedges pursuant to Sec.  __.52(c) of the current 
capital rule or Sec.  __.141(c) of the proposal.
---------------------------------------------------------------------------

    \286\ For example, the proposal would exclude equity positions 
in investment funds arising from bank-owned life insurance and 
corporate owned-life insurance owned by an affiliate from the scope 
of market risk covered position. Such positions are held for the 
purpose of covering the cost of providing benefits to employees and 
retirement planning, and not with trading intent. Similarly, the 
proposal would exclude equity positions in investment funds arising 
from seed capital investments from the definition of market risk 
covered position. A banking organization typically invests a limited 
amount of its own capital as part of organizing the fund to produce 
investment performance as a record of the fund's investment strategy 
(``track record''). Only once a track record is established would 
the banking organization market the fund to investors with trading 
intent. As investors may demand a track record of at least five 
years before investing in the fund, the proposal would exclude 
equity positions in investment funds arising from seed capital 
investments, if the banking organization has held the fund for less 
than five years from the date on which the investment adviser or 
similar entity to the fund begins making initial investments 
pursuant to the written strategy of the fund upon its establishment. 
The exclusion is not intended to be used in situations where an 
investment manager provides additional capital to a fund after the 
fund has developed a track record. See (2)(x) and (2)(xiv) within 
the definition of market risk covered position under Sec.  __.202 of 
the proposal.
---------------------------------------------------------------------------

    The proposed definition would add an exclusion for any derivative 
instrument or exposure to an investment fund that has material 
exposures to any of the preceding excluded instruments or positions 
discussed in this section. The proposal would also add an exclusion for 
instruments held for the purpose of hedging a particular risk of a 
position in any of the preceding excluded types of instruments 
discussed in this section.
    Question 102: The agencies seek comment on the appropriateness of 
the proposed definition of market risk covered position. What, if any, 
practical challenges might the proposed definition pose for banking 
organizations, such as the ability to fair value daily any of the 
proposed instruments that would be captured by the definition? \287\
---------------------------------------------------------------------------

    \287\ For banking organizations subject to market risk capital 
requirements under the capital rule, the Volcker Rule defines the 
scope of instruments subject to the proprietary trading prohibition 
(trading account) based on two prongs: market risk capital rule 
covered positions that are trading positions, and instruments 
purchased or sold in connection with the business of a dealer, swap 
dealer, or securities-based swap dealer that require it to be 
licensed or registered as such. The proposed revisions to the 
definition of covered positions (re-designated as ``market risk 
covered position''), as described in section V.A.4. of this 
SUPPLEMENTARY INFORMATION, could alter the scope of financial 
instruments deemed to be in the trading account under the Volcker 
Rule, but only to the extent that a market risk covered position is 
also a trading position and the position is not otherwise excluded 
from the Volcker rule definition of trading account. See 12 CFR 
44.3(b) (OCC); 12 CFR 248.3(b) (Board); 12 CFR 351.3(b) (FDIC).
---------------------------------------------------------------------------

    Question 103: The proposal would include as a market risk covered 
position an equity position in an investment fund that satisfies the 
conditions described in the definition of ``market risk covered 
position'' in Sec.  __.202. Consistent with the definition of 
``investment fund'' under the current capital rule, to be an eligible 
market risk covered position, an equity position must be in a company 
(1) where all or substantially all of the assets of the company are 
financial assets, and (2) that has no material liabilities. The 
agencies seek comment on whether a more specific definition of eligible 
``investment fund'' would be appropriate for market risk covered 
positions. For example, what other vehicles that do not meet the 
criteria of the ``investment fund'' definition but would be subject to 
market risk capital requirements, in a manner that such positions would 
be most appropriately subject to market risk capital requirements, such 
as an investment fund with material liabilities? What are the 
advantages and disadvantages of subjecting such investment funds to 
market risk capital requirements, and why? Alternatively, what 
additional conditions or limitations should the agencies consider to 
place on investment funds eligible for being a market risk covered 
position, beyond those currently in the proposal?
    Question 104: The agencies seek comment on the extent to which 
limiting the proposed definition of market risk covered position to 
include equity positions in investment funds only for which a banking 
organization has access to the fund's investments limits (as specified 
in the fund's prospectus, partnership agreement, or similar contract 
that define the fund's permissible investments) appropriately captures 
the types of positions that should be subject to regulatory capital 
requirements under the proposed market risk framework. What types of 
investment funds, if any, would a banking organization have the ability 
to value reliably on a daily basis that do not meet this condition? In 
addition, what are the advantages and disadvantages of excluding equity 
positions in investment funds arising from bank-owned life insurance or 
corporate-owned life insurance from the definition of market risk 
covered positions?
    Question 105: For the purposes of determining whether certain 
positions are within the definition of market risk covered position, is 
the proposed definition of net short risk position appropriate, and 
why? What, if any, alternative measures should the agencies consider to 
identify net short risk positions and why would these be more 
appropriate?
    Question 106: The agencies seek comment on whether the proposed $20 
million threshold is an appropriate measure for identifying significant 
net short risk exposures that warrant capitalization under the market 
risk framework. What alternative thresholds or methods should the 
agencies consider for identifying significant net short risk positions, 
and why would these alternatives be more appropriate than the proposed 
$20 million threshold?
    Question 107: What, if any, challenges might banking organizations 
face in calculating the market risk capital requirement for net short 
risk positions? In particular, what, if any, alternatives to the total 
commitment for loans should the agencies consider using to calculate 
notional amount--for example, delta notional values rather than 
notional amount, present value, sensitivities--and why would any such 
alternatives be a better metric? Please provide specific details on the 
mechanics of and rationale for any suggested methodology. In addition, 
which, if any, of the items to be included in a banking organization's 
net short credit or equity risk position may present operational 
difficulties and what is the nature of such difficulties? How could 
such concerns be mitigated?
5. Internal Risk Transfers
    A banking organization may choose to hedge the risks of certain 
positions \288\ held by a banking unit or a CVA desk by having one of 
its trading desks obtain the hedge for a banking unit or a CVA desk 
exposure. The current capital rule does not address the transfers of 
risk from a banking unit or a CVA desk (or a functional equivalent 
thereof) to a trading desk within the same banking organization \289\ 
(internal risk transfers), for example between a mortgage banking unit 
and a rates trading desk. Thus, market risk-weighted assets do not 
reflect the market risk of such internal transactions and capture only

[[Page 15027]]

the external portion of the hedge, potentially misrepresenting the risk 
position of the banking organization.
---------------------------------------------------------------------------

    \288\ Such risks can include credit, interest rate, or CVA risk 
arising from exposures that are subject to risk-based requirements 
under the standardized approach, the expanded risk-based approach, 
or the market risk capital framework of the capital rule.
    \289\ For example, if the banking organization is a depository 
institution within a holding company structure, transactions 
conducted between the depository institution and an affiliated 
broker-dealer entity that is not a subsidiary of the depository 
institution would not qualify as transactions within the same 
banking organization for the depository institution. Such 
transactions would qualify as transactions within the same banking 
organization for the consolidated holding company.
---------------------------------------------------------------------------

    Accordingly, the proposal would define internal risk transfers and 
establish a set of requirements including documentation and other 
conditions for a banking organization to recognize certain types of 
internal risk transfers in risk-based capital requirements. The 
proposal would define internal risk transfers as transfers executed 
through internal derivatives trades of credit risk or interest rate 
risk arising from an exposure capitalized under the standardized 
approach of the capital rule or the proposed expanded risk-based 
approach to a trading desk, or a transfer of CVA risk arising from a 
CVA desk (or the functional equivalent if the banking organization does 
not have any CVA desks) to a trading desk.\290\ The proposed definition 
of internal risk transfer would not include transfers of risk from a 
trading desk to a banking unit or between trading desks because such 
transactions present the types of risks appropriately captured in 
market risk-weighted assets.\291\
---------------------------------------------------------------------------

    \290\ An internal risk transfer transaction would comprise two 
perfectly offsetting segments--one segment for each of two parties 
to the transaction.
    \291\ As described in section V.A.7.b.ii. of this SUPPLEMENTARY 
INFORMATION, for transfers of risk between a trading desk that uses 
the standardized non-default capital requirement and a trading desk 
that uses the models-based non-default capital requirement, a 
banking organization may exclude the leg of the transaction acquired 
by the trading desk using the standardized non-default capital 
requirement from the residual risk add-on.
---------------------------------------------------------------------------

    In practice, for internal risk management purposes, most banking 
organizations already document the source of risk being hedged and the 
trading desk providing the hedge.\292\ As a result, the agencies do not 
expect the proposed documentation requirements for such transactions to 
qualify as eligible internal risk transfers, as described in more 
detail below, to pose a significant compliance burden on banking 
organizations. The agencies encourage prudent risk management and view 
that this aspect of the proposal will help promote consistency and 
comparability in the risk-based capital treatment of such internal 
transactions across banking organizations and ensure the appropriate 
capitalization of such positions.
---------------------------------------------------------------------------

    \292\ The agencies recognize that some internal risk transfers 
will be executed by means of legally binding contracts entered into 
between affiliates, while others will be executed between business 
units within the same legal entity under other arrangements, and 
that the form of documentation used by a banking organization may 
vary accordingly.
---------------------------------------------------------------------------

a. Internal Risk Transfers of Credit Risk
    The Basel standards introduce a risk-based capital treatment for 
internal transfers of credit risk executed from a banking unit to a 
trading desk to hedge the credit risk arising from exposures in the 
banking unit. The proposal is generally consistent with the Basel 
standards in specifying the criteria for internal risk transfer 
eligibility and clarifying the scope of exposures subject to market 
risk capital requirements. Specifically, a banking organization would 
be required to maintain documentation identifying the underlying 
exposure under the standardized approach or the expanded risk-based 
approach, as applicable, being hedged and its sources of credit risk. 
In addition, a trading desk would be required to enter into an external 
hedge that meets the requirements of Sec.  __.36 of the current capital 
rule or Sec.  __.120 of the proposed rule and matches the terms, other 
than amount, of the internal credit risk transfer at trade initiation. 
The agencies recognize that under certain circumstances a banking 
organization could choose to novate to a CCP an external transaction 
entered into in connection with an internal risk transfer. Because such 
transactions could be subject to compression, the terms of the internal 
risk transfer, aside from amount, would not be identical to the terms 
of the external hedge of credit risk post trade initiation. As such, 
the proposal would require the terms of the external hedge and the 
internal risk transfer to be identical only at trade initiation.
    When these requirements are met, the transaction would qualify as 
an eligible internal risk transfer, for which the banking unit would be 
allowed to recognize the amount of the hedge position received from the 
trading desk as a credit risk mitigant when calculating the risk-based 
capital requirements for the underlying exposure under the standardized 
approach or the expanded risk-based approach. Because the trading desk 
enters into external hedges to manage credit risk arising from banking 
unit exposures, such external hedges would be included in the scope of 
market risk covered positions along with the internal risk transfer 
(the trading desk segment), where they would cancel out each other 
provided the amounts and terms of both transactions match. 
Nevertheless, if the internal risk transfer results in a net short 
credit position greater than $20 million for the banking unit, the 
trading desk would be required to calculate market risk-based capital 
requirements for such positions. A net short risk credit position 
results when the external hedge exceeds the amount required by the 
banking unit to hedge the underlying exposure under the standardized 
approach or the expanded risk-based approach.
    For transactions that do not meet these requirements, the proposal 
would require a banking organization to disregard the internal risk 
transfer (the trading desk segment) from the market risk covered 
positions. The proposal would subject the entire amount of the external 
hedge acquired by the trading desk to the proposed market risk capital 
requirements and disallow any recognition of risk mitigation benefits 
of the internal credit risk transfer under the standardized approach or 
the expanded risk-based approach, as applicable.
b. Internal Risk Transfers of Interest Rate Risk
    The proposal would specify the risk-based capital treatment of 
internal transfers of interest rate risk from a banking unit to the 
trading desk to hedge the interest rate risk arising from the banking 
unit. When a banking organization executes an internal interest rate 
risk transfer between a banking unit and a trading desk, the 
transferred interest rate risk exposure would be considered an eligible 
risk transfer that the banking organization may treat as a market risk 
covered position only if such internal risk transfer meets a set of 
requirements. Specifically, the banking organization would be required 
to maintain documentation of the underlying exposure being hedged and 
its sources of interest rate risk.\293\ In addition, given the 
complexity of tracking the direction of internal transfers of interest 
rate risk, the proposal would allow a banking organization to establish 
a dedicated notional trading desk for conducting internal risk 
transfers to hedge interest rate risk. If a banking organization 
conducts internal transfers of interest rate risk on a dedicated 
notional trading desk, the proposal would require a banking 
organization to calculate market risk capital requirements for such 
positions on the dedicated notional trading desk on a standalone basis 
apart from all other market risk covered positions. Specifically, a 
banking organization would be required to calculate either the 
standardized measure for market risk or the models-based measure for 
market risk, if

[[Page 15028]]

applicable, for the internal risk transfer positions on the dedicated 
notional trading desk separate from all other market risk covered 
positions.
---------------------------------------------------------------------------

    \293\ The proposal would not require a banking organization to 
purchase the hedge from a third party for such transactions to 
qualify as an internal risk transfer, because tracking interest rate 
risk transfers can be operationally burdensome.
---------------------------------------------------------------------------

    When these requirements are met, the internal risk transfer would 
qualify as an eligible internal interest rate risk transfer, for which 
the banking organization may recognize the hedge benefit of an internal 
derivative transaction. A trading desk that conducts internal risk 
transfers of interest rate risk may enter into external hedges to 
mitigate the risk but would not be required to do so under the 
proposal. As the amount transferred to the trading desk from the 
banking unit to hedge the underlying exposure under the standardized 
approach or the expanded risk-based approach, as applicable, would be a 
market risk covered position, any such external hedges would also be 
market risk covered positions and thus also subject to the proposed 
market risk capital requirements.\294\
---------------------------------------------------------------------------

    \294\ As the trading desk segments of eligible internal risk 
transfers of interest rate risk would be market risk covered 
positions, to the extent a trading desk enters into external hedges 
to mitigate the risk of such positions, the external hedge would 
also be subject to the market risk capital rule and could in whole 
or in part offset the market risk of the eligible internal risk 
transfer.
---------------------------------------------------------------------------

    For transactions that do not meet these requirements, a banking 
organization would be required to exclude the internal interest rate 
risk transfer (the trading desk segment) from its market risk covered 
positions. The entire amount of any external hedge of an ineligible 
internal risk transfer would be a market risk covered position.
c. Internal Risk Transfers of CVA Risk
    For banking organizations that are subject to CVA risk capital 
requirements, the proposal would specify the capital treatment of 
internal CVA risk transfers executed between a CVA desk (or the 
functional equivalent thereof) and a trading desk to hedge CVA risk 
arising from exposures that are subject to the proposed capital 
requirements for CVA risk.\295\
---------------------------------------------------------------------------

    \295\ Under the proposal, the requirements for internal CVA risk 
transfers would not apply to banking organizations that are not 
subject to the proposed CVA risk capital requirement. See section 
V.B.2. of this SUPPLEMENTARY INFORMATION for the scope of banking 
organizations that would be subject to CVA risk capital requirements 
under the proposal.
---------------------------------------------------------------------------

    Under the proposal, an internal CVA risk transfer would involve two 
perfectly offsetting positions of a derivative transaction executed 
between a CVA desk and a trading desk: the position of the CVA desk 
(the CVA segment) and the position of the trading desk (the trading 
desk segment). For the CVA desk to recognize the risk mitigation 
benefits of the internal risk transfer under the risk-based capital 
requirements for CVA risk, the proposal would require the banking 
organization to have a dedicated CVA desk or the functional equivalent 
thereof that, along with other functions performed by the desk, manages 
internal risk transfers of CVA risk. In either case, such a desk would 
not need to satisfy the proposed trading desk definition, given the 
proposed risk-based capital requirements for CVA risk are not 
calibrated at the trading desk level. Additionally, the proposal would 
require a banking organization to maintain, at either the desk or 
portfolio level, an internal written record of internal derivative 
transaction(s) executed between the CVA desk and the trading desk, 
including identifying the underlying exposure(s) being hedged by the 
CVA desk and the sources of such risk.
    In addition to the above-mentioned requirements for the internal 
transaction to qualify as an eligible internal risk transfer of CVA 
risk, the proposal sets forth general requirements for the recognition 
of CVA hedges that would be applicable to both internal transfers of 
CVA risk and external CVA hedges. The proposal specifies these 
requirements for both the basic approach for CVA risk and standardized 
approach for CVA risk, as described in section V.B.3. of this 
SUPPLEMENTARY INFORMATION.\296\
---------------------------------------------------------------------------

    \296\ While the basic approach for CVA applies certain 
restrictions on eligible instrument types for hedges to be 
recognized as eligible, the standardized approach for CVA risk 
allows for a broader set of hedging instruments. Moreover, the 
standardized approach for CVA risk would also recognize as eligible 
hedges instruments that are used to hedge the exposure component of 
CVA risk.
---------------------------------------------------------------------------

    For eligible internal risk transfers of CVA risk, the banking 
organization would be required to treat the CVA segment as an eligible 
CVA hedge when calculating the CVA risk capital requirement and treat 
the trading desk segment as a market risk covered position. In this 
way, the proposal would allow the CVA desk to recognize the risk-
mitigating benefit of the hedge position received from the trading desk 
when calculating risk-based capital requirements for CVA risk.
    For transactions that do not meet these requirements or the general 
hedge eligibility requirements under the basic approach for CVA risk or 
the standardized approach for CVA risk, a banking organization would be 
required to exclude both the trading desk segment and the CVA segment 
of the internal transfer of CVA risk from market risk-weighted assets, 
thus disregarding the ineligible internal CVA risk transfer. In 
addition, the CVA desk would not be able to recognize any risk 
mitigation or offsetting benefit from the ineligible internal risk 
transfer in its capital requirements for CVA risk.
d. Internal Risk Transfers of Equity Risk
    The agencies are not proposing to allow a banking organization to 
recognize any risk mitigation benefits for internal equity risk 
transfers executed between a trading desk and a banking unit to hedge 
exposures that are subject to either the standardized approach or the 
expanded risk-based approach, as applicable. The proposed definition of 
market risk covered position would generally include equity positions 
that are publicly traded with no restrictions on tradability, with a 
few exceptions.\297\ Given the expanded scope of equity positions that 
would be subject to the proposed market risk capital requirements, 
primarily illiquid or irregularly traded equity positions would remain 
subject to the standardized approach or the expanded risk-based 
approach, as applicable.\298\ In general, banking organizations would 
not be able to hedge the material risk elements of illiquid or 
irregularly traded equity positions in a liquid, two-way market. For 
publicly traded equity exposures still subject to the standardized 
approach or the expanded risk-based approach, as applicable, banking 
organizations may apply the hedge pair treatment, which allows for the 
recognition of risk-mitigating benefits of hedged transactions. Given 
the narrower scope of equity positions subject to the standardized 
approach or the expanded risk-based approach, as applicable, and the 
option to apply hedge pair treatment for publicly traded exposures, the 
proposal would not allow a banking organization to recognize internal 
transfers of equity risk of such positions.
---------------------------------------------------------------------------

    \297\ For example, the proposed market risk covered position 
would exclude equity positions arising from deferred compensation 
plans and hedges of such positions that qualify for effective hedge 
pair treatment under Sec.  __.52(c) of the current capital rule and 
under Sec.  __.141(c) of the proposed rule. See section V.A.4.b. of 
this SUPPLEMENTARY INFORMATION for the proposed definition of market 
risk covered position.
    \298\ Consistent with the current capital rule, the proposed 
equity risk framework under the expanded risk-based approach would 
allow firms to apply the effective hedge pair treatment to equity 
exposures not subject to market risk capital requirements for which 
the banking organization can demonstrate that the hedge transaction 
at initiation satisfies one of the three hedge effectiveness tests.
---------------------------------------------------------------------------

    Question 108: The agencies seek comment on any operational 
challenges

[[Page 15029]]

of the proposed internal risk transfer framework, in particular any 
potential difficulties related to internal risk transfers executed 
before implementation of the proposed market risk capital rule. What is 
the nature of such difficulties and how could they be mitigated?
    Question 109: The agencies seek comment on the extent to which the 
proposed internal risk transfer framework would incentivize hedging and 
prudent risk management and/or potentially misrepresent the risk 
profile of a banking organization. What, if any, additional 
requirements or other modifications should the agencies consider?
    Question 110: The agencies seek comment on the appropriateness of 
the proposed eligibility requirements for a banking unit to recognize 
the risk mitigation benefit of an eligible internal risk transfer of 
credit risk. What, if any, additional requirements or other 
modifications should the agencies consider, and why?
    Question 111: What, if any, operational burden might the proposed 
exclusion for the credit risk segment of internal risk transfers pose 
for banking organizations? What, if any, alternatives should the 
agencies consider that would appropriately exclude the types of 
positions that should be captured under the standardized approach or 
the expanded risk-based approach, as applicable, and also impose less 
operational burden relative to the proposal?
    Question 112: The agencies seek comment on subjecting the internal 
risk transfers of interest rate risk to the market risk capital 
requirements on a standalone basis. What are the benefits and costs 
associated with this requirement? What would be an alternative approach 
for calculating a standalone capital requirement for internal transfers 
of interest rate risk? What would be the advantages and disadvantages 
of allowing a banking organization to calculate the market risk capital 
requirements for the internal risk transfers of interest rate risk 
together with other market risk exposures, and why?
    Question 113: The agencies seek comment on the proposed 
documentation requirements for an internal risk transfer of credit 
risk, interest rate risk, or CVA risk to qualify as an eligible 
internal risk transfer. What, if any, changes to the proposed 
documentation requirements should the agencies consider, particularly 
in cases in which CVA risk is hedged on a portfolio basis? What, if 
any, alternatives should the agencies consider that would appropriately 
capture the types of positions that should be recognized under the 
standardized approach or the expanded risk-based approach, as 
applicable?
    Question 114: The agencies seek comment on not allowing a banking 
organization to recognize any risk mitigation benefits for internal 
equity risk transfers executed between a trading desk and a banking 
unit to hedge exposures that are subject to either the standardized 
approach or the expanded risk-based approach, as applicable. Given the 
proposed scope of equity positions that would be subject to the 
proposed market risk capital requirements and the retention of 
effective hedge pair treatment, under what circumstances would there be 
a need for internal equity risk transfers? What would be advantages and 
disadvantages of including the concept of internal risk transfer to 
equity risk and why?
6. General Requirements for Market Risk
    The current capital rule requires a banking organization to satisfy 
certain general risk management requirements related to the 
identification of trading positions, active management of covered 
positions, stress testing, control and oversight, and documentation. 
The proposal would maintain these requirements, as well as introduce 
additional requirements. The additional requirements are designed to 
further strengthen a banking organization's risk management of market 
risk covered positions and to appropriately reflect other changes under 
the proposal such as the definition of market risk covered position and 
the introduction of the trading desk concept, as described in sections 
V.A.4. and V.A.6.b. of this SUPPLEMENTARY INFORMATION. The proposal 
would also make certain technical corrections related to the 
requirements around valuation of market risk covered positions.\299\
---------------------------------------------------------------------------

    \299\ Specifically, to align with the GAAP considerations for 
valuation of market risk covered positions, the proposal would 
eliminate the market risk capital rule requirement that a banking 
organization's process for valuing covered positions must consider, 
as appropriate, unearned credit spreads, close-out costs, early 
termination costs, investing and funding costs, liquidity, and model 
risk. See 12 CFR 3.203(b)(2) (OCC); 12 CFR 217.203(b)(2) (Board); 12 
CFR 324.203(b)(2) (FDIC).
---------------------------------------------------------------------------

a. Identification of Market Risk Covered Positions
    The current capital rule requires a banking organization to have 
clearly defined policies and procedures for determining which trading 
assets and trading liabilities are trading positions and which trading 
positions are correlation trading positions, as well as for actively 
managing all positions subject to the rule.
    The proposal would expand these requirements to reflect the 
proposed scope and definition of market risk covered position as 
described in section V.A.4. of this SUPPLEMENTARY INFORMATION. A 
banking organization also would be required to update its policies and 
procedures for identifying market risk covered positions at least 
annually and to identify positions that must be excluded from market 
risk covered positions. In addition, the proposal would introduce a new 
requirement for a banking organization to establish a formal framework 
for re-designating a position after its initial designation as being 
subject to the market risk capital framework or to the standardized 
approach or the expanded risk-based approach, as applicable, of the 
capital rule. Specifically, the proposal would require a banking 
organization to establish policies and procedures that describe the 
events or circumstances under which a re-designation would be 
considered, a process for identifying such events or circumstances, any 
restrictions on re-designations, and the process for obtaining senior 
management approval as well as for notifying the primary Federal 
supervisor of material re-designations. These proposed requirements are 
intended to complement the proposed capital requirement for re-
designations described in section V.A.3.e. of this SUPPLEMENTARY 
INFORMATION by ensuring re-designations would occur in only those 
circumstances identified by the banking organization's senior 
management as appropriate to merit re-designation.\300\
---------------------------------------------------------------------------

    \300\ As described in further detail in section V.A.3.e. of this 
SUPPLEMENTARY INFORMATION, the proposal would introduce a capital 
requirement (the capital add-on for re-designations) to offset any 
potential capital benefit that a banking organization otherwise 
might have received from re-classifying an instrument previously 
treated under the standardized approach or the expanded risk-based 
approach of the capital rule, as applicable, as a market risk 
covered position.
---------------------------------------------------------------------------

    In addition to the requirements for identifying market risk covered 
positions, the proposal would require a banking organization to have 
clearly defined trading and hedging strategies for its market risk 
covered positions that are approved by the banking organization's 
senior management. Consistent with the current capital rule, the 
trading strategy would need to specify the expected holding period and 
the market risk of each portfolio of market risk covered positions, and 
the hedging strategy would need to specify

[[Page 15030]]

the level of market risk that the banking organization is willing to 
accept for each portfolio of market risk covered positions, along with 
the instruments, techniques, and strategies for hedging such risk.
b. Trading Desk
i. Trading Desk Definition
    To limit overreliance on internal models, support more prudent 
market risk management practices, and better align operational 
requirements with the level at which trading activity is conducted, the 
proposal would introduce the concept of a trading desk and apply the 
proposed models-based non-default capital requirement at the trading 
desk level. Regardless of whether a banking organization uses the 
standardized or the models-based measure for market risk, the proposal 
would require the banking organization to satisfy certain general 
operational requirements for each trading desk, as described below in 
section V.A.6.c. of this SUPPLEMENTARY INFORMATION. The proposal would 
also require the banking organization to satisfy certain additional 
operational requirements, as described below in section V.A.6.d. of 
this SUPPLEMENTARY INFORMATION, in order for the banking organization 
to calculate the market risk capital requirements for trading desks 
under the models-based non-default capital requirement.
    The proposal would define a trading desk as a unit of organization 
of a banking organization that purchases or sells market risk covered 
positions and satisfies three requirements. First, the proposal would 
require a banking organization to structure a trading desk pursuant to 
a well-defined business strategy. In general, a well-defined business 
strategy would include a written description of the trading desk's 
general strategy, including the economics behind the business strategy, 
the trading and hedging strategies and a list of the types of 
instruments and activities that the desk will use to accomplish its 
objectives. Second, the proposal would require a trading desk to be 
organized to ensure the appropriate setting, monitoring, and management 
review of the desk's trading and hedging limits and strategies. Third, 
the proposal would require that a trading desk be characterized by a 
clearly-defined unit of organization that: (1) engages in coordinated 
trading activity with a unified approach to the key elements of the 
proposed rule's requirements for trading desk policies and active 
management of market risk covered positions; (2) operates subject to a 
common and calibrated set of risk metrics, risk levels, and joint 
trading limits; (3) submits compliance reports and other information as 
a unit for monitoring by management; and (4) books its trades together.
    The proposed trading desk definition is intended to help ensure 
that a banking organization structures its trading desks to capture the 
level at which trading activities are managed and operated and at which 
the profit and loss of the trading strategy is attributed.\301\ This 
approach would recognize the different strategies and objectives of 
discrete units in a banking organization's trading operations. The 
proposed parameters provide sufficient specificity to enable more 
precise measures of market risk for the purpose of determining risk-
based capital requirements, while taking into account the potential 
variation in trading practices across banking organizations. In this 
regard, the proposal aims to reduce the regulatory compliance burden 
for banking organizations by providing flexibility to align the 
proposed trading desk definition with the organizational structure that 
banking organizations may already have in place to carry out their 
trading activities.
---------------------------------------------------------------------------

    \301\ A banking organization subject to the market risk capital 
requirements under the proposal would be required to use the same 
trading desk structure it establishes pursuant to the proposed 
market risk capital framework to demonstrate compliance with the 
prohibitions and restrictions on proprietary trading under the 
Volcker Rule. See 12 CFR 44.3(e)(14) (OCC); 12 CFR 248.3(e)(14) 
(Board); 12 CFR 351.3(e)(14) (FDIC).
---------------------------------------------------------------------------

    Question 115: What, if any, changes should the agencies consider 
making to the definition of a trading desk and why? What, if any, other 
key factors do banking organizations typically use to define trading 
desks for business purposes that the agencies should consider including 
in the trading desk definition to clarify the designation of trading 
desks for purposes of the market risk capital framework?
    Question 116: The agencies seek comment on any implementation 
challenges banking organizations with cross-border operations could 
face in applying the proposed trading desk definition. What are the 
advantages and disadvantages of permitting a U.S. subsidiary of a 
foreign banking organization to apply trading desk designations 
consistent with its home country's regulatory requirements, provided 
those requirements are consistent with the Basel standards?
ii. Notional Trading Desk Definition
    The proposed definition of market risk covered position would 
include certain types of instruments and positions that may not arise 
from, and may be unrelated to, a banking organization's trading 
activities, such as net short risk positions, certain embedded 
derivatives on instruments issued by the banking organization that 
relate to credit or equity risk, as well as foreign exchange and 
commodity exposures that are not trading assets or trading liabilities. 
When a banking organization enters into such positions, it may do so in 
a manner that causes these positions to appear not to originate from a 
banking organization's existing trading desks.
    To address the issue that certain trading desk-level requirements 
are not applicable to these types of activities and positions, the 
proposal would introduce the concept of a notional trading desk \302\ 
to which such positions would be allocated. Under the proposal, 
notional trading desks would be subject to only a subset of the general 
risk management requirements applicable to trading desks. Specifically, 
the proposal would require a banking organization to identify any such 
positions and activities allocated to notional trading desks, as 
described in section V.A.6.b.iii. of this SUPPLEMENTARY INFORMATION, 
but would not require a banking organization to establish policies and 
procedures describing the trading strategy or risk management for the 
notional trading desks or require a notional trading desk to satisfy 
the requirements for active management of market risk covered 
positions. Nevertheless, to qualify for use of the models-based non-
default capital requirement, the proposal would require a notional 
trading desk to satisfy all of the general requirements for trading 
desks, as well as those applicable for the models-based measure.\303\
---------------------------------------------------------------------------

    \302\ The proposal would define a notional trading desk as a 
trading desk created for regulatory capital purposes to account for 
market risk covered positions arising under the standardized 
approach or the expanded risk-based approach of the capital rule, as 
applicable, such as net short risk positions, certain embedded 
derivatives on instruments that the banking organization issued that 
relate to credit or equity risk, instruments with an embedded 
derivative that the banking organization issued that relate to 
credit or equity risk that it elects the fair value option for 
purposes of financial reporting, and foreign exchange positions and 
commodity positions that are not trading assets or trading 
liabilities.
    \303\ See section V.A.6.d. of this SUPPLEMENTARY INFORMATION for 
further discussion on the additional operational requirements 
applicable to model-eligible trading desks.
---------------------------------------------------------------------------

    The agencies are proposing to require a banking organization to 
identify any notional trading desks as part of the trading desk 
structure requirement, described in section V.A.6.b.iii. of this 
SUPPLEMENTARY INFORMATION, to help

[[Page 15031]]

ensure that a banking organization appropriately treats all market risk 
covered positions under the capital rule. The agencies would review a 
banking organization's trading desk structure, including notional 
trading desks and trading desks used for internal risk transfers, to 
help ensure that they have been appropriately identified.
    Question 117: What, if any, additional requirements should apply to 
notional trading desks to clarify the level at which market risk 
capital requirements must be calculated? What, if any, additional types 
of positions should be assigned to the notional trading desk and why?
iii. Trading Desk Structure
    The proposal would require a banking organization to define its 
trading desk structure. Specifically, the structure must define each 
constituent trading desk and identify: (1) model-eligible trading desks 
that are used in the models-based measure for market risk, (2) model-
ineligible trading desks used in both the standardized measure and 
models-based measure for market risk,\304\ (3) trading desks that are 
used for internal risk transfers (as applicable), and (4) notional 
trading desks (as applicable).\305\
---------------------------------------------------------------------------

    \304\ The list of model-ineligible trading desks should include 
both those for which the banking organization has elected to 
calculate market risk capital requirements under the standardized 
non-default capital requirement as well as any trading desks that 
previously received approval to use the models-based non-default 
capital requirement but subsequently reported the PLA test metric in 
the red zone, as described in more detail in section V.A.8.e. of 
this SUPPLEMENTARY INFORMATION. A banking organization should 
maintain a list of all trading desks and make it available for the 
primary Federal supervisor for review upon request.
    \305\ A banking organization could also seek approval for a 
notional trading desk to be a model-eligible trading desk. Any such 
desk that is approved would be subject to backtesting and profit and 
loss attribution testing at the trading desk level.
---------------------------------------------------------------------------

    Additionally, before calculating market risk capital requirements 
under the models-based measure for market risk, the proposal would 
require a banking organization to receive prior approval from the 
primary Federal supervisor of its trading desk structure. As part of 
the model approval process described in section V.A.6.d.iv. of this 
SUPPLEMENTARY INFORMATION, the primary Federal supervisor would 
consider whether the level at which a banking organization is proposing 
to establish its trading desks is consistent with the level at which 
trading activities are actively managed and operated. The primary 
Federal supervisor would also consider whether the level at which the 
banking organization defines each trading desk is sufficiently granular 
to allow the banking organization and the primary Federal supervisor to 
assess the adequacy of the internal models used by the trading desk. 
For example, a banking organization's proposed trading desk structure 
may be considered insufficiently detailed if it reflects risk limits, 
internal controls, and ongoing management at one or more organizational 
levels above the routine management of the trading desk (for example, 
at the division-wide or entity level).
iv. Trading Desk Policies
    The current capital rule requires a banking organization to have 
clearly defined trading and hedging strategies for its trading 
positions that are approved by senior management. In addition to 
applying these requirements at the trading desk level for trading desks 
that are not notional trading desks, the proposal would require 
policies and procedures for each trading desk to describe the strategy 
and risk management framework established for overseeing the risk-
taking activities of the trading desk.
    For each trading desk that is not a notional trading desk, the 
proposal would require a banking organization to have a clearly defined 
policy, approved by senior management, that describes the general 
strategy of the trading desk, the risk and position limits established 
for the trading desk, and the internal controls and governance 
structure established to oversee the risk-taking activities of the 
trading desk.\306\ At a minimum, this would include the business 
strategy for each trading desk; \307\ a clearly defined trading 
strategy that details the market risk covered positions in which the 
trading desk is permitted to trade, identifies the main types of market 
risk covered positions purchased and sold by the trading desk, and 
articulates the expected holding period of, and market risk associated 
with, each portfolio of market risk covered positions held by the 
trading desk; a clearly defined hedging strategy that articulates the 
acceptable level of market risk and details the instruments, 
techniques, and strategies that the trading desk will use to hedge the 
risks of the portfolio; and a brief description of the general strategy 
of the trading desk that addresses the economics of its business 
strategy, primary activities, and trading and hedging strategies.
---------------------------------------------------------------------------

    \306\ Under the proposal, these requirements would generally not 
apply to notional trading desks, except those with prior approval 
from the primary Federal supervisor to use the models-based non-
default capital requirement.
    \307\ Under the proposal, the business strategy must include 
regular reports on the revenue, costs, and market risk capital 
requirements of the trading desk.
---------------------------------------------------------------------------

    Together, the proposed requirements are intended to help ensure 
that each trading desk engages only in those activities that are 
permitted by senior management and that any exceptions would be 
elevated to the appropriate organizational level. For example, the 
proposed requirement for a banking organization to document trading, 
hedging, and business strategies, including the internal controls 
established to manage the risks arising from the trading strategy, at 
the level of the organization responsible for implementing the general 
business strategy, is intended to help ensure appropriate monitoring of 
the risk limits set by senior management. Additionally, the proposed 
requirements would help to assist the primary Federal supervisor in 
monitoring compliance, particularly when assessing whether the trading 
activities conducted by a trading desk are consistent with the general 
strategy of the desk and the appropriateness of the limits established 
for the desk. For example, the requirement for a trading desk to list 
the types of instruments traded by the desk to hedge risks arising from 
its business strategy would help to assist the primary Federal 
supervisor in providing effective supervisory oversight of the trading 
desk's activities.
c. Operational Requirements
    The current capital rule requires a banking organization to satisfy 
certain operational requirements for active management of market risk 
covered positions, stress testing and internal assessment of capital 
adequacy, control and oversight, and documentation. The proposal would 
maintain these requirements and introduce revisions designed to 
complement changes under the proposed standardized and models-based 
measures for market risk (including the application of calculations at 
the trading desk level in the case of the models-based measure for 
market risk), and to support the proposed requirements described in 
section V.A.6.a. of this SUPPLEMENTARY INFORMATION that would help 
ensure a banking organization maintains robust risk management 
processes for identifying and appropriately managing its market risk 
covered positions.
    A key assumption of the proposed market risk framework is that the 
financial reporting and internal risk management models \308\ used by 
banking

[[Page 15032]]

organizations provide an adequate basis for determining risk-based 
capital requirements for market risk covered positions.\309\ To help 
ensure such adequacy, the proposal would reinforce a banking 
organization's prudent valuation practices by incorporating 
requirements that build on the agencies' overall framework for market 
risk management.\310\ including In addition to facilitating the 
regulatory review process, the proposed revisions are intended to 
assist a banking organization's independent risk control unit and audit 
functions in providing appropriate review of and challenge to model 
risk management, thereby promoting effective model risk management.
---------------------------------------------------------------------------

    \308\ The proposal would define internal risk management model 
as a valuation model that the independent risk control unit within 
the banking organization uses to report market risks and risk-
theoretical profits and losses to senior management. See Sec.  
__.202 of the proposed rule.
    \309\ As a banking organization's financial reporting models are 
already subject to requirements to support the accuracy of the 
financial data produced (such as the requirements from the Sarbanes-
Oxley Act of 2002, Pub. L. 107-204), such models would satisfy the 
proposed independent validation requirements described in more 
detail in section V.A.6.c.iii. of this SUPPLEMENTARY INFORMATION.
    \310\ The supervisory guidance set forth in the Board's 
Supervision and Regulation (SR) Letter 11-7 and OCC's Bulletin 2011-
12, Supervisory Guidance on Model Risk Management includes prudent 
valuation practices for banking organizations subject to market risk 
capital requirements.
---------------------------------------------------------------------------

    The general risk management requirements described in this section 
would apply to all banking organizations subject to the proposed market 
risk capital framework.
i. Active Management of Market Risk Covered Positions
    The current capital rule requires a banking organization to have 
clearly defined policies and procedures for actively managing all 
positions subject to market risk capital requirements, including 
establishing and conducting daily monitoring of position limits.\311\ 
These requirements are appropriate to support active management and 
monitoring under the current framework; the proposal adds enhancements 
to support active management and monitoring at the trading desk level.
---------------------------------------------------------------------------

    \311\ The proposal would retain certain other requirements with 
modifications such as policies and procedures for active management 
of trading positions subject to the market risk requirements which 
include, but are not limited to, ongoing assessment of the ability 
to hedge market risk covered positions and portfolio risks. See 12 
CFR 3.203(b)(1) (OCC); 12 CFR 217.203(b)(1) (Board); 12 CFR 
324.203(b)(1) (FDIC).
---------------------------------------------------------------------------

    Accordingly, the proposal would require a banking organization to 
have clearly defined policies and procedures that describe its internal 
controls, as well as its ongoing monitoring, management, and 
authorization procedures, including escalation procedures, for the 
active management of all market risk covered positions. At a minimum, 
these policies and procedures must identify key groups and personnel 
responsible for overseeing the activities of the banking organization's 
trading desks that are not notional trading desks.
    Further, the proposal would specify a broader set of risk metrics 
for the monitoring requirement, which would apply at the trading desk 
level. Specifically, at a minimum, the proposal would require that a 
banking organization establish and conduct daily monitoring by trading 
desks of: (1) trading limits, limit usage, and remedial actions taken 
in response to limit breaches; (2) sensitivities to risk factors; (3) 
market risk covered positions and transaction volumes; and, as 
applicable, (4) VaR and expected shortfall; (5) backtesting and p-
values \312\ at the trading desk level and at the aggregate level for 
all model-eligible trading desks; and (6) comprehensive profit-and-loss 
attribution (each as described in sections V.A.8.d.-f. of this 
SUPPLEMENTARY INFORMATION). These risk metrics are the minimum elements 
necessary to support adequate daily monitoring of market risk covered 
positions at the trading desk level.
---------------------------------------------------------------------------

    \312\ Under the proposal, p-value would be defined as the 
probability, when using the VaR-based measure for purposes of 
backtesting, of observing a profit that is less than, or a loss that 
is greater than, the profit or loss that actually occurred on a 
given date.
---------------------------------------------------------------------------

    Consistent with the current capital rule, for a banking 
organization that has approval for at least one model-eligible trading 
desk, the proposal would require the banking organization's policies 
and procedures to describe the establishment and monitoring of 
backtesting and p-values at the trading desk level and at the aggregate 
level for all model-eligible trading desks. Daily information on the 
probability of observing a loss greater than that which occurred on any 
given day is a useful metric for a banking organization and supervisors 
to assess the quality of a banking organization's VaR model. For 
example, if a banking organization that used a historical simulation 
VaR model using the most recent 500 business days experienced a loss 
equal to the second worst day of the 500, it would assign a probability 
of 0.004 (2/500) to that loss based on its VaR model. Applying this 
process many times over a long interval provides information about the 
adequacy of the VaR model's ability to characterize the entire 
distribution of losses, including information on the size and number of 
backtesting exceptions. The requirement to create and retain this 
information at the entity-wide and trading desk level for model-
eligible trading desks may help identify particular products or 
business lines for which a model does not adequately measure risk. The 
agencies view active management of model risk at the trading desk level 
as the best mechanism to address potential risks of reliance on models, 
such as the possible adverse consequences (including financial loss) of 
decisions based on models that are incorrect or misused.
ii. Stress Testing and Internal Assessment of Capital Adequacy
    The current capital rule requires a banking organization to have a 
rigorous process for assessing its overall capital adequacy in relation 
to its market risk. The process must take into account market 
concentration and liquidity risks under stressed market conditions as 
well as other risks arising from the banking organization's trading 
activities that may not be fully captured by a banking organization's 
internal models. At least quarterly, a banking organization must 
conduct stress tests at the entity-wide level of the market risk of its 
covered positions.
    The proposal would enhance the current stress testing and internal 
assessment of capital adequacy requirements to reflect both the entity-
wide and the trading-desk level elements for model-eligible positions 
within the proposed market risk capital requirement calculation. 
Specifically, the proposal would require a banking organization to 
stress-test the market risk of its market risk covered positions at 
both the entity-wide and trading-desk level for model-eligible 
positions on at least a quarterly basis. The proposal also would 
require that results of such stress testing be reviewed by senior 
management of the banking organization and reflected in the policies 
and limits set by the banking organization's management and the board 
of directors, or a committee thereof. In addition to concentration and 
liquidity risks, the proposal would require stress tests to take into 
account risks arising from a banking organization's trading activities 
that may not be adequately captured in the standardized or the models-
based measure for market risk, as applicable.
    The proposed requirements are intended to help ensure that each 
trading desk only engages in those activities that are permitted by the 
banking organization's senior management, and that any weaknesses 
revealed by the stress testing results would be elevated to the 
appropriate

[[Page 15033]]

management levels of the banking organization and addressed in a timely 
manner.
iii. Control and Oversight
    The current capital rule requires a banking organization to 
maintain a risk control unit that reports directly to senior management 
and is independent of the business trading units. The internal audit 
function is responsible for assessing, at least annually, the 
effectiveness of the controls supporting the banking organization's 
market risk measurement systems (including the activities of the 
business trading units and independent risk control unit), compliance 
with the banking organization's policies and procedures, and the 
calculation of the banking organization's market risk capital 
requirements. At least annually, the internal audit function must 
report its findings to the banking organization's board of directors 
(or a committee thereof).
    The proposal largely would retain the control, oversight, and 
validation requirements in the capital rule, including the requirement 
that a banking organization maintain an independent risk control unit. 
The proposal would expand the required oversight responsibilities of 
the independent risk control unit to include the design and 
implementation of market risk management systems that are used for 
identifying, measuring, monitoring, and managing market risk. The 
proposed change is intended to complement other changes under the 
proposal, in particular allowing a banking organization to calculate 
risk-based requirements using standardized and models-based measures 
for market risk (for example, the inclusion of more rigorous model 
eligibility tests that apply at the trading desk level), as well as the 
introduction of a capital add-on requirement for re-designations.
    Further, the proposal would enhance the internal review and 
challenge responsibilities of a banking organization by requiring it to 
maintain conceptually sound systems and processes for identifying, 
measuring, monitoring, and managing market risk. In addition to the 
current requirements in the capital rule, the banking organization's 
internal audit function would have to assess at least annually the 
effectiveness of the designations and re-designations of market risk 
covered positions, and the calculation of the banking organization's 
measures for market risk, including the mapping of risk factors to 
liquidity horizons, as applicable. The proposal would enhance the 
validation requirements by requiring a banking organization to maintain 
independent validation of its valuation models and valuation 
adjustments or reserves.\313\
---------------------------------------------------------------------------

    \313\ A banking organization's financial reporting models 
provide an appropriate basis for determining risk-based capital 
requirements because such models are subject to requirements 
intended to enhance the accuracy of the financial data produced by 
the models, such as the requirements from the Sarbanes-Oxley Act of 
2002. Pub. L. 107-204. Accordingly, banking organizations that rely 
on financial reporting models for purposes of calculating risk-based 
capital requirements would satisfy the proposed prudent valuation 
requirement.
---------------------------------------------------------------------------

    The agencies intend for these elements of the proposal to enhance 
the accountability of the banking organization's independent risk 
control unit and internal audit function and provide banking 
organizations with sufficient flexibility to incorporate the risk 
management processes required for regulatory capital purposes within 
those daily risk management processes used by the banking organization, 
such that managing market risk would be more consistent with the 
banking organization's overall risk profile and business model.
iv. Documentation
    Similar to the enhancements to policies and procedures described 
above, the proposal would enhance the documentation requirements in the 
capital rule to reflect the proposed market risk capital framework. 
Specifically, a banking organization would be required to document 
adequately all material aspects of its identification, management, and 
valuation of market risk covered positions, including internal risk 
transfers and any re-designations of positions between the market risk 
capital framework and the standardized approach or the expanded risk-
based approach of the capital rule, as applicable. Consistent with the 
current capital rule, the proposal would require a banking organization 
to document adequately all material aspects of its internal models, and 
its control, oversight, validation, and review processes and results, 
as well as its internal assessment of capital adequacy. The proposal 
also would require a banking organization to document an explanation of 
the empirical techniques used to measure market risk. Further, a 
banking organization would be required to establish and document its 
trading desk structure, including identifying which trading desks are 
model-eligible, model-ineligible, used for internal risk transfers, or 
constitute notional trading desks, as well as document policies 
describing how each desk satisfies applicable requirements. These 
enhancements would help ensure that a banking organization 
appropriately treats all market risk covered positions under the 
capital rule.
d. Additional Operational Requirements for the Models-Based Measure for 
Market Risk
    Under the current capital rule, a banking organization must use an 
internal VaR-based model to calculate risk-based capital requirements 
for its covered positions. Under the proposal, only a banking 
organization that receives approval from its primary Federal supervisor 
to use the models-based non-default capital requirement for at least 
one model-eligible trading desk would be required to calculate market 
risk capital requirements under the models-based measure for market 
risk.
    As a condition for use of the models-based non-default capital 
requirement, the proposal would require a trading desk to satisfy 
certain additional operational requirements, which are intended to help 
ensure that the banking organization has allocated sufficient resources 
for the desk to develop and rely on internal models that appropriately 
capture the market risk of its market risk covered positions. 
Specifically, the additional operational requirements, as well as the 
proposed profit and loss attribution and backtesting requirements 
described in sections V.A.8.e. and V.A.8.f. of this SUPPLEMENTARY 
INFORMATION, would help ensure that the internal models used to 
calculate a trading desk's risk-based capital requirements are 
sufficiently accurate and conservative relative to the models used to 
report actual profits and losses for financial reporting purposes 
(financial reporting models).\314\ In this way, the additional 
operational requirements are intended

[[Page 15034]]

to help ensure that the internal models of a trading desk properly 
measure all material risks of the market risk covered positions to 
which they are applied, and the sophistication of the internal models 
is commensurate with the complexity and extent of trading activity 
conducted by the trading desk.
---------------------------------------------------------------------------

    \314\ The proposed backtesting requirements are intended to 
measure the conservatism of the forecasting assumptions and 
valuation methods in the internal models used to determine risk-
based capital requirements relative to those used in the financial 
reporting models. The proposed PLA testing requirement is intended 
to measure the accuracy of the potential future profits or losses 
estimated by the valuation models used for internal risk management 
purposes (internal risk management models) relative to those 
produced by the valuation models used for financial reporting. If a 
trading desk fails to satisfy either the backtesting requirements 
or, after the three-year transition period, the proposed PLA test 
requirements, it would no longer be able to calculate risk-based 
capital requirements using the models-based non-default capital 
requirement. In this way, the proposal would only allow trading 
desks for which the internal models are sufficiently conservative 
and accurate to use the models-based non-default capital requirement 
to calculate market risk capital requirements.
---------------------------------------------------------------------------

    As described above, the proposal would require eligibility for use 
of the models-based non-default capital requirement to be determined at 
the trading desk level, rather than for the entire banking 
organization. By aligning the level at which a banking organization may 
be permitted to model market risk capital requirements with the level 
at which the banking organization applies the controls used for 
financial reporting, the proposed requirements would enhance prudent 
capital management for banking organizations that use the models-based 
measure for market risk.
i. Trading Desk Identification
    As part of the model approval process, the proposal would require a 
banking organization to identify all trading desks within its trading 
desk structure that it would designate as model-eligible and for which 
it would seek approval to use the models-based non-default capital 
requirement from the primary Federal supervisor.
    Additionally, the proposal generally would prohibit a banking 
organization from seeking model approval for trading desks that hold 
securitization positions, correlation trading positions, or certain 
equity positions in investment funds (together ``model-ineligible 
positions''), with one exception.\315\ Given the operational 
difficulties of requiring a banking organization to bifurcate trading 
desks that hold an insignificant amount of model-ineligible positions 
pursuant to their trading or hedging strategy, the proposal would allow 
the banking organization to designate such desks as model-eligible. If 
the primary Federal supervisor were to approve the use of models-based 
non-default capital requirement for such desks, the proposal would 
require the banking organization to separately calculate market risk 
capital requirements for such model-ineligible positions held by a 
model-eligible trading desk under either the standardized non-default 
capital requirement or the fallback capital requirement, and otherwise 
treat such positions as if they were not held by the desk.\316\
---------------------------------------------------------------------------

    \315\ As described in section V.A.10.e.ii. of this SUPPLEMENTARY 
INFORMATION, an equity position in an investment fund could be a 
model-eligible position to the extent a banking organization is able 
to identify the underlying positions held by an investment fund on a 
quarterly basis.
    \316\ Specifically, the proposal would require a banking 
organization to exclude any insignificant amount of model-ineligible 
positions held by the model-eligible trading desk from the aggregate 
trading portfolio backtesting and the relevant desk-level 
backtesting and profit and loss attribution metric, unless the 
banking organization receives approval from its primary Federal 
supervisor to include such positions.
---------------------------------------------------------------------------

    Question 118: The agencies seek comment on the benefits and 
drawbacks of requiring trading desks that hold an insignificant amount 
of model-ineligible positions to exclude from the models-based non-
default capital requirement such positions and any related hedges, if 
applicable, in order for such desks to request approval to calculate 
market risk capital requirements under the models-based measure for 
market risk. Commenters are encouraged to provide data to support their 
responses.
ii. Review, Risk Management, and Validation
    To help ensure that the internal models appropriately capture a 
model-eligible trading desk's market risk exposure on an ongoing basis, 
the proposal would require a banking organization to satisfy additional 
model review and validation standards for model-eligible trading desks 
to use the models-based non-default risk capital requirement to 
calculate market risk capital requirements.
    Specifically, a banking organization that uses the models-based 
measure for market risk would be required to (1) review its internal 
models at least annually and enhance them, as appropriate, to help 
ensure the models continue to satisfy the regulatory requirements and 
employ risk measurement methodologies that are the most appropriate for 
the banking organization's market risk covered positions, (2) integrate 
its internal models used for calculating the expected shortfall-based 
measure for market risk into its daily risk management process, and (3) 
independently \317\ validate its internal models both initially and on 
an ongoing basis, and revalidate them when there is a material change 
to a model, a significant structural change in the market, or changes 
in the composition of the banking organization's market risk covered 
positions that might result in the internal models no longer adequately 
capturing the market risk of the market risk covered positions held by 
the model-eligible trading desk.
---------------------------------------------------------------------------

    \317\ Either the validation process itself would have to be 
independent, or the validation process would have to be subjected to 
independent review of its adequacy and effectiveness. The 
independence of the banking organization's validation process would 
be characterized by separateness from and impartiality to the 
development, implementation, and operation of the banking 
organization's internal models, or otherwise by independent review 
of its adequacy and effectiveness, though the personnel conducting 
the validation would not necessarily be required to be external to 
the banking organization. As a banking organization's financial 
reporting models provide an appropriate basis for determining risk-
based capital requirements because such models are subject to the 
requirements of the Sarbanes-Oxley Act of 2002, including external 
audit, banking organizations that rely on financial reporting models 
for purposes of calculating risk-based capital requirements would 
satisfy the proposed prudent valuation requirement.
---------------------------------------------------------------------------

    The proposal also would require a banking organization to establish 
a validation process that, at a minimum, includes an evaluation of the 
internal models' (1) conceptual soundness \318\ and (2) adequacy in 
appropriately capturing and reflecting all material risks, including 
ensuring that the assumptions are appropriate and do not underestimate 
risks. Additionally, the proposal would require a banking organization 
to perform ongoing monitoring to review and verify processes, including 
by comparing the outputs of the internal models with relevant internal 
and external data sources or estimation techniques. The results of this 
comparison provide a valuable diagnostic tool for identifying potential 
weaknesses in a banking organization's models. As part of this 
comparison, a banking organization would be expected to investigate the 
source of differences between the model estimates and the relevant 
internal or external data or estimation techniques and whether the 
extent of the differences is appropriate.
---------------------------------------------------------------------------

    \318\ The process should include evaluation of empirical 
evidence supporting the methodologies used and evidence of a model's 
strengths and weaknesses.
---------------------------------------------------------------------------

    In addition, the proposal would expand on the outcomes analysis 
requirements of the current capital rule by requiring validation to 
include not only any outcomes analysis that includes backtesting at the 
aggregated level of all model-eligible trading desks, but also 
backtesting and profit and loss attribution testing at the trading desk 
level for each model-eligible trading desk. The agencies recognize that 
financial markets and modeling technologies undergo continual 
development. Accordingly, a banking organization needs to continually 
ensure that its models are appropriate. The ongoing review, risk 
management, and validation requirements in the proposal are intended to 
help ensure that the internal models used accurately reflect the risks 
of market risk covered positions in evolving markets.

[[Page 15035]]

iii. Documentation
    In addition to the general documentation requirements applicable to 
all banking organizations described in section V.A.6.c.iv. of this 
SUPPLEMENTARY INFORMATION, the proposal would require a banking 
organization that uses the models-based measure for market risk to 
document policies and procedures regarding (1) the determination of 
which risk factors are modellable and which are not modellable (risk 
factor quantitative and qualitative tests), including a description of 
how the banking organization maps real price observations to risk 
factors; (2) the alignment of the profits and losses reported by 
financial reporting models and the internal risk management models for 
purposes of the PLA test; \319\ and (3) the assignment of risk factors 
to liquidity horizons, and any empirical correlations recognized with 
respect to risk factor classes.
---------------------------------------------------------------------------

    \319\ See section V.A.8.e. of this SUPPLEMENTARY INFORMATION for 
a more detailed description of the proposed PLA test.
---------------------------------------------------------------------------

    As with the other enhanced operational requirements applicable to a 
banking organization that uses the models-based measure for market 
risk, these requirements are designed to help ensure the use of models-
based non-default capital requirement only applies to those trading 
desks for which the banking organization is able to demonstrate that 
the internal models appropriately capture the market risk of the market 
risk covered positions held by the trading desk.
iv. Model Eligibility
    For a banking organization to use the models-based measure for 
market risk, the proposal would require the banking organization to 
receive the prior approval from its primary Federal supervisor for at 
least one trading desk to apply the models-based non-default capital 
requirement. Accordingly, the proposal would establish a framework for 
such approval.
I. Initial Approval
    Under the proposal, the approval for a banking organization to use 
internal models would be granted at the individual trading desk 
level.\320\ For the primary Federal supervisor to approve an internal 
model, the proposal would require a banking organization to demonstrate 
that (1) the internal model properly measures all the material risks of 
the market risk covered positions to which it would be applied; (2) the 
internal model has been properly validated in accordance with the 
validation requirements; (3) the level of sophistication of the 
internal model or methodology is commensurate with the complexity and 
amount of the market risk covered positions to which it would be 
applied; and (4) the internal model or methodology meets all applicable 
requirements.
---------------------------------------------------------------------------

    \320\ The proposal would require a banking organization to 
receive approval from the primary Federal supervisor for both the 
expected shortfall internal model and the stressed expected 
shortfall methodology used by the trading desk. As the initial 
approval process for each would be the same, for simplicity, the 
term ``internal models'' used throughout this section is intended to 
refer to both.
---------------------------------------------------------------------------

    To receive approval as a model-eligible trading desk, the proposal 
would require a trading desk to satisfy one of the following 
criteria.\321\ The banking organization could provide to the primary 
Federal supervisor at least 250 business days of backtesting and PLA 
test results for the trading desk. Alternatively, the banking 
organization could either (1) provide at least 125 business days of 
backtesting and PLA test results for the trading desk and demonstrate 
to the satisfaction of the primary Federal supervisor that the internal 
models would be able to satisfy the backtesting and PLA requirements on 
an ongoing basis; (2) demonstrate that the trading desk consists of 
market risk covered positions similar to those of another trading desk 
that has received approval from the primary Federal supervisor and such 
other trading desk has provided at least 250 business days of 
backtesting and PLA results, or (3) subject the trading desk to the PLA 
add-on until the desk provides at least 250 business days of 
backtesting and PLA test results that pass the trading-desk level 
backtesting requirements and produce a PLA metric in the green zone, as 
further described in sections V.A.8.e. and V.A.8.f. of this 
SUPPLEMENTARY INFORMATION, respectively.\322\
---------------------------------------------------------------------------

    \321\ As discussed in section V.A.8.e. of this SUPPLEMENTARY 
INFORMATION, to receive approval as a model-eligible desk during the 
three-year PLA test transition period, the proposal would require 
the banking organization to provide backtesting results for the 
trading desk and demonstrate to the satisfaction of the primary 
Federal supervisor that the internal models would be able to satisfy 
the backtesting requirements on an on-going basis. During the three-
year transition period, a banking organization would not be required 
to submit PLA test results to its primary Federal supervisor in 
order to receive approval to use an internal model by the trading 
desk. The proposal would nevertheless require a banking organization 
to submit quarterly PLA test results to its primary Federal 
supervisor for monitoring purposes without automatic consequences 
for PLA test results.
    \322\ Under the proposal, there would be no automatic 
consequences for the PLA test results during the three-year 
transition period. Accordingly, during the transition period, a 
banking organization would not be able to seek model approval for 
trading desks with less than six months of backtesting results and 
that do not consist of market risk covered positions similar to 
those of another trading desk that has received approval as model-
eligible.
---------------------------------------------------------------------------

    The proposed criteria would hold trading desks to robust modeling 
requirements, while providing a banking organization sufficient 
flexibility to satisfy the standard over time and as the banking 
organization adapts its business structure. The agencies recognize that 
when initially requesting approval and in subsequent requests (for 
example, after a reorganization or upon entering into a new business), 
a banking organization may not always be able to provide a full year of 
backtesting and PLA test results for each trading desk, even if the 
internal models used by the desk provide an adequate basis for 
determining risk-based capital requirements. The proposed criteria 
would allow a banking organization to seek model approval for trading 
desks with at least a six-month track record demonstrating (using the 
PLA and backtesting results) the accuracy and conservatism of the 
internal models used by the desk as well as for trading desks that 
consist of similar market risk covered positions to another trading 
desk, for which the banking organization has provided at least 250 
business days of trading desk level PLA test and backtesting results 
and has received approval from its primary Federal supervisor. The 
internal models used by trading desks that meet all the requirements to 
the satisfaction of the primary Federal supervisor except the PLA test 
and backtesting requirements would be subject to a PLA add-on until the 
desk produces one year of satisfactory PLA test and backtesting results 
in the green zone.\323\ Thus, the trading desk would remain subject to 
an additional capital requirement until it provides sufficient evidence 
demonstrating the appropriateness of the internal models, at which time 
application of the PLA add-on would automatically cease.
---------------------------------------------------------------------------

    \323\ Based on the PLA test results, a banking organization 
would be required to allocate each model-eligible trading desk to a 
PLA test zone (green, amber, or red) as set out in Table 1 to Sec.  
[thinsp]__.213 of the proposed rule.
---------------------------------------------------------------------------

II. Ongoing Eligibility and Changes to Trading Desk Structure or 
Internal Models and Stressed Expected Shortfall Methodologies
    The current capital rule requires a banking organization to 
promptly notify its primary Federal supervisor when (1) extending the 
use of a model that the primary Federal supervisor has approved to an 
additional business line

[[Page 15036]]

or product type, (2) making any change to an internal model that would 
result in a material change in the banking organization's total risk-
weighted asset amount for an exposure type, or (3) making any material 
change to its modelling assumptions.
    The proposal would expand on these requirements to require a 
banking organization to receive prior approval from its primary Federal 
supervisor before implementing any change to its trading desk 
structure, internal models or methodologies (including any material 
change to its modelling assumptions) that would (1) in the case of 
trading desk structure, materially impact the market risk capital 
requirements for a portfolio of market risk covered positions; or (2) 
in the case of internal models or methodologies, result in a material 
change in the banking organization's expected shortfall-based measure 
for a trading desk, the internally modelled capital calculation, or the 
stressed expected shortfall calculation under the models-based non-
default capital requirement. Additionally, the proposal would require a 
banking organization to promptly notify its primary Federal supervisor 
of any change, including non-material changes, to its internal models, 
modelling assumptions, or trading desk structure.\324\ Whether a 
banking organization would be required to receive prior approval or 
promptly notify the primary Federal supervisor before extending the use 
of an approved model to an additional business line or product type 
would depend on the nature of and impact of such a change.
---------------------------------------------------------------------------

    \324\ In such cases, a banking organization should notify the 
primary Federal supervisor in writing, in a manner acceptable to the 
supervisor (such as through email, where appropriate).
---------------------------------------------------------------------------

    The proposal also would require a model-eligible trading desk to 
perform and successfully pass quarterly backtesting and PLA testing 
requirements on an ongoing basis in order to maintain its approval 
status.\325\ As banking organizations' quarterly review of backtesting 
and PLA test results would take place after a quarter is over, the 
proposal would permit a banking organization to rely on the models-
based non-default capital requirement for model-eligible trading desks 
that previously received approval from the primary Federal supervisor 
during the 30 calendar day period following the end of a calendar 
quarter while updating its use of internal models based on the results 
of the quarterly review.
---------------------------------------------------------------------------

    \325\ The desk-level backtesting and PLA testing requirements 
are described in sections V.A.8.e. and V.A.8.f. of this 
SUPPLEMENTARY INFORMATION, respectively. While the proposal would 
require a banking organization to submit quarterly PLA test results 
to its primary Federal supervisor during the three-year transition 
period, a banking organization's model-eligible trading desk would 
only be required to successfully pass quarterly backtesting 
requirements on an on-going basis to maintain its approval status 
during that three-year transition period.
---------------------------------------------------------------------------

    Even if a model-eligible trading desk were to satisfy the above 
requirements, a banking organization's primary Federal supervisor could 
determine that the desk no longer complies with any of the proposed 
applicable requirements for use of the models-based measure for market 
risk or that the banking organization's internal model for the trading 
desk or methodology fails to either comply with any of the applicable 
requirements or to accurately reflect the risks of the desk's market 
risk covered positions. In such cases, the primary Federal supervisor 
could (1) rescind the desk's model approval and require the desk to 
calculate market risk capital requirements under the standardized non-
default capital requirement, or (2) subject the desk to a PLA add-on 
capital requirement until it restores the desk's full approval, in the 
case of trading desk noncompliance.\326\
---------------------------------------------------------------------------

    \326\ Under the proposal, there would be no automatic 
consequences for the PLA test results during the three-year 
transition period. Thus, the PLA add-on would not be an alternative 
if the primary Federal supervisor rescinds its approval during the 
three-year transition period.
---------------------------------------------------------------------------

    The agencies recognize that even if a banking organization's 
internal model for a trading desk satisfies the proposed backtesting, 
PLA testing, and operational requirements, the model may not 
appropriately capture the risk of the market risk covered positions 
held by the desk (for example, if the model develops specific 
shortcomings in risk identification, risk aggregation and 
representation, or validation). Thus, as an alternative to requiring a 
trading desk to use the standardized non-default capital requirement, 
the proposal would allow the primary Federal supervisor to subject the 
trading desk to the PLA add-on if the desk were to continue to satisfy 
all of the proposed backtesting, PLA testing, and operational 
requirements for use of the models-based non-default capital 
requirement. In this way, the proposal would help to ensure that the 
market risk capital requirements for the trading desk appropriately 
reflect the materiality of the shortcomings of the internal model, as 
the PLA add-on would apply until such time that the banking 
organization enhances the accuracy and conservatism of the trading 
desk's internal model to the satisfaction of its primary Federal 
supervisor.
    Similarly, after approving a banking organization's stressed 
expected shortfall methodology to capture non-modellable risk factors 
for use by one or more trading desks, as described in section V.A.8.c. 
of this SUPPLEMENTARY INFORMATION, the primary Federal supervisor may 
subsequently determine that the methodology no longer complies with the 
operational requirements for use of the models-based measure for market 
risk or that the methodology fails to accurately reflect the risks of 
the market risk covered positions held by the trading desk. In such 
cases, the proposal would allow the primary Federal supervisor to 
rescind its approval of the banking organization's methodology and 
require the affected trading desk(s) to calculate market risk capital 
requirements for the trading desk under the standardized non-default 
capital requirement. As the methodologies used to capture the market 
risk of non-modellable risk factors would not be subject to the 
proposed PLA testing requirements, which inform the calibration of the 
PLA add-on as described in section V.A.8.e. of this SUPPLEMENTARY 
INFORMATION, the PLA add-on would not be an alternative if the primary 
Federal supervisor rescinds its approval of such a methodology.
7. Standardized Non-Default Capital Requirement
    Under the proposal, the standardized non-default risk capital 
requirement would comprise two components: (1) the sensitivities-based 
capital requirement, which captures non-default market risk based on 
the estimated losses produced by risk factor sensitivities under 
regulatorily determined stressed conditions, and (2) the residual risk 
add-on, which serves to produce a simple, conservative capital 
requirement for any other risks that are not already fully captured by 
sensitivities-based measure or the default risk capital requirement, 
such as gap risk, correlation risk, and behavioral risks such as 
prepayments.
a. Sensitivities-Based Method
    Conceptually, the proposed sensitivities-based method is similar to 
a simple stress test in which a banking organization estimates the 
change in value of its market risk covered positions by applying 
standardized shocks to relevant market risk covered positions. The 
sensitivities-based method uses risk weights that represent the 
standardized shocks, with each prescribed risk weight calibrated to a 
defined liquidity time horizon consistent with the expected shortfall

[[Page 15037]]

measurement framework under stressed conditions. To help ensure 
consistency in the application of risk-based capital requirements 
across banking organizations, the proposal would establish the 
following process to determine the sensitivities-based capital 
requirement: (1) identify all relevant risk factors associated with a 
market risk covered position and allocate them to one of seven risk 
classes; (2) allocate such risk factors to a corresponding bucket 
within the appropriate risk classes; (3) calculate the sensitivity of a 
market risk covered position for each of the prescribed risk factors by 
applying regulatory prescribed risk weights to the net sensitivity of 
risk factors within each bucket; (4) aggregate the weighted 
sensitivities across risk factors within a corresponding bucket 
(bucket-level capital requirement); (5) aggregate the bucket-level risk 
positions for each risk class (risk class-level capital requirement); 
and (6) aggregate the risk class-level capital requirements for each 
risk class under each correlation scenario.
    First, under the proposal, a banking organization would identify 
all relevant risk factors associated with its market risk covered 
positions and then assign such risk factors to one or more of seven 
risk classes. The seven prescribed risk classes, which are based on 
standard industry classifications, are interest rate risk, credit 
spread risk for non-securitization positions,\327\ credit spread risk 
for correlation trading positions, credit spread risk for 
securitization positions that are not correlation trading positions, 
equity risk, commodity risk, and foreign exchange risk. The risk 
factors are separately defined to measure their individual impact on 
market risk covered positions' value from small changes in the value of 
a risk factor (the movement in price (delta) and, where applicable, the 
movement in volatility (vega)), and the additional change in the 
positions' value not captured by delta for each relevant risk factor 
(curvature) in stress).\328\ For example, the price of a typical 
corporate bond fluctuates primarily due to changes in interest rates 
and issuer credit spreads. Therefore, a position in a corporate bond 
would be placed in two separate risk classes, one for interest rate 
risk and one for credit spread risk for non-securitization 
positions.\329\
---------------------------------------------------------------------------

    \327\ Under the proposal, a non-securitization position would be 
defined as a market risk covered position that is not a 
securitization position or a correlation trading position and that 
has a value that reacts primarily to changes in interest rates or 
credit spreads.
    \328\ Vega and curvature risk estimates are required for 
instruments with optionality or embedded prepayment option risk. For 
example, for an equity option, the proposed delta risk factor 
(equity spot price) would capture the impact on the option's value 
from changes in the equity spot price, the proposed vega risk factor 
(implied volatility) would capture the impact from changes in the 
implied volatility, and the proposed curvature risk factors (equity 
spot prices for the issuer) would capture other higher-order factors 
from nonlinear risks.
    \329\ Under the proposal, a banking organization would have to 
separately calculate the potential losses arising from the 
position's sensitivity to changes in interest rates and changes in 
the issuer's credit spread.
---------------------------------------------------------------------------

    Second, the proposal would require a banking organization to 
allocate all identified risk factors associated with a market risk 
covered positions to a corresponding bucket within the appropriate risk 
class. The proposal specifies buckets for each risk class, which 
represent common risk characteristics of a given risk class, in 
recognition that positions sharing such risk characteristics are highly 
correlated and therefore their values tend to change in substantially 
the same manner. Further, the proposed buckets correspond to common 
industry practice as large trading banking organizations often use 
bucketing structures similar to those set forth in the proposal. For 
example, for positions within the credit spread non-securitization risk 
class, a banking organization would group the corporate bond position 
and other positions with similar credit quality and issuers operating 
in the same sector together in one bucket. Further, the banking 
organization would apply the proposed risk factors to each position 
within that bucket based on credit spread curves and tenors of each 
position.
    Third, a banking organization would calculate the sensitivity of a 
market risk covered position as prescribed under the proposal to each 
of the proposed risk factors for delta, vega, and curvature 
sensitivities, as applicable. The proposed sensitivity calculations for 
delta, vega, and curvature risk factors are intended to estimate how 
much a market risk covered position's value might change as a result of 
a specified change in the risk factor, assuming all other relevant risk 
factors remain constant. For each risk factor, the banking organization 
would separately sum the resulting delta, vega, and curvature 
sensitivities for all market risk covered positions within the same 
bucket to produce a net sensitivity for each risk factor, which is the 
potential value impact on all of the banking organization's market risk 
covered positions in the bucket as a result of a uniform change in a 
risk factor.\330\
---------------------------------------------------------------------------

    \330\ The proposed risk factors are intended to be sufficiently 
granular such that only long and short exposures without basis risk 
would be able to fully offset for purposes of calculating the net 
sensitivity to a risk factor. For example, by defining the risk 
factors for equity risk at the issuer level, the proposal would 
allow long and short equity risk exposures to the same issuer to 
fully offset for purposes of calculating the net equity risk factor 
sensitivity, but only partially offset (correlations than one) for 
exposures to different issuers with the same level of market 
capitalization, the same type of economy, and the same market sector 
(such as those within the same equity risk bucket).
---------------------------------------------------------------------------

    To capture how much the risk factor might change over a defined 
time horizon in stress conditions and how that would change the value 
of the market risk covered position, a banking organization would 
multiply the net delta sensitivity and the net vega sensitivity, 
respectively, for each risk factor within a bucket by the proposed 
standardized risk weight for the bucket. The proposed risk weights are 
intended to capture the amount that a risk factor would be expected to 
move during the liquidity horizon of the risk factor in stress 
conditions.\331\ To capture curvature risk, a banking organization 
would be required to aggregate the incremental loss above the delta 
capital requirement from applying larger upward and downward shock 
scenarios to each risk factor.
---------------------------------------------------------------------------

    \331\ The prescribed risk weights represent the estimated change 
in the value of the market risk covered position as a result of a 
standardized shock to the risk factor based on characteristics of 
the position and historic price movements. Additionally, the 
proposed risk weights are intended to help ensure comparability with 
the proposed models-based non-default capital requirement described 
in section V.A.8. of this SUPPLEMENTARY INFORMATION, which generally 
would require banking organizations' internal models to follow a 
methodology similar to the one used to calibrate the risk weights 
when determining risk-based requirements for market risk covered 
positions under the standardized non-default capital requirement.
---------------------------------------------------------------------------

    Fourth, to account for the potential price impact of interactions 
between the risk factors, the proposal would prescribe aggregation 
formulas for calculating the total delta, vega, and curvature capital 
requirements within buckets and across buckets. Specifically, the risk-
weighted sensitivities for delta, vega, and curvature risk, 
respectively, first would be summed for a risk factor, then aggregated 
across risk factors with common characteristics within their respective 
buckets to arrive at bucket-level risk positions. Lastly, these bucket-
level risk positions would then be aggregated for each risk class using 
the prescribed aggregation formulas to produce the respective delta, 
vega, and curvature risk capital requirements.
    The aggregation formulas prescribe offsetting and diversification 
benefits via correlation parameters. Under the proposal, the 
correlation parameters specified for each risk factor pair are

[[Page 15038]]

intended to limit the risk-mitigating benefit of hedges and 
diversification, given that the hedge relationship between an 
underlying position and its hedge, as well as the relationship between 
different types of risk factors, could decrease or become less 
effective in a time of stress. Specifically, taking into account 
prescribed correlation parameters, a banking organization would need to 
calculate the aggregate requirements first within a bucket and then 
across buckets within one risk class to produce the risk-class-level 
capital requirement for delta, vega, and curvature risk. The resulting 
capital requirements for delta, vega, and curvature risk then would be 
summed across risk classes, respectively, with no recognition of any 
diversification benefits, because in stress diversification across 
different risk classes may become less effective.
    To capture the potential for risk factor correlations to increase 
or decrease in periods of stress, the calculation of bucket-level 
capital requirements and risk class-level capital requirements for each 
risk class would be calculated using three different correlation 
scenarios--assuming high, medium and low correlations between risk 
factor shocks. The banking organization would use this process to 
calculate the overall delta, vega, and curvature capital requirements 
for all risk classes and determine the overall capital requirement for 
each scenario. The prescribed correlation parameters in the intra-
bucket and inter-bucket aggregation formulas would be those used in the 
medium correlation scenario. For the high and low correlation 
scenarios, a banking organization generally would increase and decrease 
the medium correlation parameters by 25 percent, respectively, to 
appropriately reflect the potential changes in the historical 
correlations during a crisis.\332\
---------------------------------------------------------------------------

    \332\ As the degree to which a pair of variables are linearly 
related (the correlation) can only range from negative one to one, 
the proposal would cap the correlation parameters under the high 
scenario at no more than one (100 percent) and floor those under the 
low scenario at no less than negative one. For highly correlated 
positions, the low correlation scenario also would not always reduce 
the correlation parameter by 25 percent.
---------------------------------------------------------------------------

    Finally, to determine the overall capital requirements for each of 
the three correlation scenarios, the banking organization would sum the 
separately calculated delta, vega, and curvature capital requirements 
for all risk classes without recognition of any diversification 
benefits, given that delta, vega, and curvature sensitivities are 
intended to separately capture different risks. The sensitivities-based 
capital requirement would be the largest capital requirement resulting 
from the three correlation scenarios.
    Question 119: The agencies seek comment on the sensitivities-based 
method for market risk. To what extent does the sensitivities-based 
method appropriately capture the risks of positions subject to the 
market risk capital requirement? What additional features, adjustments 
(such as to the treatment of diversification of risks), or alternative 
methodology could the sensitivities-based method include to reflect 
these risks more appropriately and why? Commenters are encouraged to 
provide supporting data.
    Question 120: The agencies seek comment on approaches to allow 
further recognition of diversification between risk classes that are 
not eligible for the models-based non-default capital requirement (such 
as securitizations) and risk classes that are eligible for the models-
based non-default capital requirement within the sensitivities-based 
method of the standardized non-default capital requirement. What other 
areas in the sensitivities-based method should the agencies consider 
where it would be prudent to enhance the recognition of 
diversification, and why? Commenters should provide evidence to 
demonstrate the additional recognition of diversification is 
commensurate with the risk of the combined positions both in normal 
times and under stress.
i. Risk Factors
    The proposal would require a banking organization to map all 
relevant risk factors associated with a market risk covered position to 
a risk class and then allocate such risk factors to a corresponding 
bucket within the appropriate risk classes in order to calculate the 
capital requirements for delta, vega, and curvature. The proposed risk 
factors differ for each risk class to reflect the specific market risk 
variables relevant for each risk class (for example, no tenor is 
specified for the delta risk factor for equity risk as equities do not 
have a stated maturity, whereas the proposed tenors for credit spread 
delta risk reflect the common maturities of positions within those risk 
classes). The granular level at which the proposed risk factors would 
be defined is intended to promote consistency and comparability in 
regulatory capital requirements across banking organizations and to 
help ensure the appropriate capitalization of market risk covered 
positions.
    For risk classes that include specific tenors or maturities as risk 
factors (for example, delta risk factors for interest rate risk), the 
proposal would require a banking organization to assign the risk 
factors to the proposed tenors through linear interpolation or a method 
that is consistent with the pricing functions used by the internal risk 
management models. The banking organization's internal risk management 
models, which are used by risk control units and reviewed by auditors 
and regulators, would provide an appropriate basis for determining 
regulatory capital requirements, without imposing the operational 
burden of the time-consuming methods used by the financial reporting 
models. Additionally, relying on banking organizations' internal risk 
management models, rather than the financial reporting models, to 
identify the relevant risk factors would help ensure that a control 
function that is independent of business-line management would 
determine the regulatory capital requirement for market risk.
I. Interest Rate Risk
    Under the proposal, the delta risk factors for interest rate risk 
would be separately defined for each currency along two dimensions: 
tenor and interest rate curve. To value market risk covered positions 
with interest rate risk, the proposal would require a banking 
organization to construct and use interest rate curves for the each 
currency in which interest rate-sensitive market risk covered positions 
are denominated. By defining each interest rate curve as a distinct 
risk factor, the proposed delta risk factors for interest rate risk 
would require banking organizations to reflect the basis risk between 
different interest rate curves (for example, interest rate curves from 
the overnight index swap curve (OIS) or an alternative reference rate 
curve).
    As interest rate curves incorporate nominal inflation, an 
additional delta risk factor would be required for instruments with 
cash flows that are functionally dependent on a measure of inflation 
(such as TIPS) to appropriately account for inflation risk. 
Furthermore, the proposal would require an additional delta risk factor 
for instruments with cash flows in different currencies to 
appropriately reflect the cross-currency basis risk of each currency 
over USD or EUR.\333\ Under

[[Page 15039]]

the proposal, a banking organization would not recognize the term 
structure for inflation risk and cross-currency basis risk for each 
currency. A banking organization would be required to consider the 
inflation risk factor and the cross-currency basis risk factor, if 
applicable, in addition to the sensitivity for the other delta risk 
factors for the interest rate risk (currency, tenor and interest rate 
curve) of the market risk covered position. Accordingly, a banking 
organization would be required to allocate the sensitivities for 
inflation risk and cross-currency basis risk to the interest rate 
bucket for each currency.
---------------------------------------------------------------------------

    \333\ Cross-currency basis is a basis added to a yield curve in 
order to evaluate a swap for which the two legs are paid in two 
different currencies. Market participants use cross-currency basis 
to price cross currency interest rate swaps paying a fixed or a 
floating leg in one currency, receiving a fixed or a floating leg in 
a second currency, and including an exchange of the notional amount 
in the two currencies at the start date and at the end date of the 
swap.
---------------------------------------------------------------------------

    The vega risk factors for interest rate risk would be the implied 
volatilities of options referencing the interest rate of the underlying 
instrument. The implied volatilities of inflation rate risk-sensitive 
options and cross-currency basis risk-sensitive options would be 
defined along the maturity of the option, whereas the implied 
volatilities of interest-rate risk-sensitive options would be defined 
along two dimensions: the maturity of the option and the residual 
maturity of the underlying instrument at the expiration date of the 
option. For example, a banking organization would calculate the vega 
sensitivity of a European interest rate swaption that expires in 12 
months referring to a one-year swap based on the maturity of the option 
(12 months) as well as the residual maturity of the underlying 
instrument (the swap's maturity of 12 months).
    The proposal would define the curvature risk factors for interest 
rate risk along one dimension: the interest rate curve of each currency 
(no term structure would be considered).
II. Credit Spread Risk
    The proposal would separately define the credit spread risk factors 
for non-securitization positions,\334\ securitization positions that 
are not correlation trading positions (securitization positions non-
CTP), and correlation trading positions. The proposal would define the 
delta risk factors for credit spread risk for non-securitization 
positions along two dimensions: the credit spread curve of a relevant 
issuer and the tenor of the position. The delta risk factors for credit 
spread risk for securitization positions non-CTP would be defined also 
along two dimensions: the credit spread curve of the tranche and the 
tenor of the tranche. Lastly, the delta risk factors for credit spread 
risk for correlation trading positions would be defined along two 
dimensions: the credit spread curve of the underlying name and the 
tenor of the underlying name. Under the proposal, the vega risk factors 
for credit spread risk are the implied volatilities of options 
referencing the credit spreads,\335\ defined along one dimension: the 
option's maturity.
---------------------------------------------------------------------------

    \334\ Under the proposal, a non-securitization position would be 
defined as a market risk covered position that is not a 
securitization position or a correlation trading position and that 
has a value that reacts primarily to changes in interest rates or 
credit spreads.
    \335\ When calculating the sensitivity for securitization 
positions non-CTP, a banking organization would calculate the 
sensitivities for credit spread risk based on the embedded 
subordination of the position, such as the spread of the tranche. 
For correlation trading positions, the credit spread risk 
sensitivity would be based on the underlying names in the 
securitization position, or nth-to-default position.
---------------------------------------------------------------------------

    The proposal would define the curvature risk factors for credit 
spread risk for non-securitization positions along one dimension: the 
credit spread curve of the issuer. The curvature risk factors for 
credit spread risk for securitization positions non-CTP would be 
defined along the relevant bond and CDS credit spread curve of the 
tranche, and for correlation trading positions along the bond and CDS 
credit spread curve of each underlying name. The agencies recognize 
that requiring a banking organization to estimate the bond-CDS basis 
for each issuer would impose a significant operational burden with 
limited benefit in terms of risk capture. To simplify the 
sensitivities-based method calculation for curvature risk in these 
cases, the proposal would require banking organizations to ignore any 
bond-CDS basis that may exist between the bond and CDS spreads and to 
calculate the credit spread risk sensitivity as a single spread curve 
across the relevant tenor points.
III. Equity Risk
    Similar to interest rate risk, the delta risk factors for equity 
risk would be separately defined for each issuer as the spot prices of 
each equity (for example, for cash equity positions) and an equity repo 
rate (for example, for term repo-style transactions), as appropriate. 
Under the proposal, the vega risk factors for equity risk would be the 
implied volatilities of options referencing the equity spot price, 
defined along the maturity of the option. The curvature risk factors 
for equity risk would be the equity spot price. There are no curvature 
risk factors for equity repo rates.
IV. Commodity Risk
    Similar to interest rate and equity risk, the delta risk factors 
for commodity risk would be separately defined for each commodity type 
\336\ along two dimensions: the contracted delivery location of the 
commodity and the remaining maturity of the contract. A banking 
organization could only treat separate contracts as having the same 
delivery location if both contracts allow delivery in all of the same 
locations.\337\ Additionally, the proposal would follow the established 
pricing convention for commodities and require a banking organization 
to use the remaining maturity of the contract to measure the delta 
sensitivity for instruments with commodity risk. As the price impact of 
risk factor changes varies significantly between different types of 
commodities, the proposal would define the delta risk factors for each 
commodity type to limit offsetting across commodity types, as such 
offsetting could drastically understate the potential losses arising 
from those positions.
---------------------------------------------------------------------------

    \336\ Under the proposal, any two commodities would be 
considered distinct if the underlying commodity to be delivered 
would cause the market to treat the two contracts as distinct (for 
example, West Texas Intermediate oil and Brent oil).
    \337\ For example, a contract that can be delivered in four 
ports may have less sensitivity to each location defined risk factor 
than a contract that can only be delivered in three of those ports. 
If a banking organization has entered into a contract to deliver 
1000 barrels of oil in port A, B, C or D, and a hedge contract to 
receive 1000 barrels of oil on the same date in port A, B or C, if 
on delivery day ports A, B and C are closed, the banking 
organization is exposed to commodity risk in that it must deliver 
1000 barrels of oil to port D without receiving 1000 barrels. As a 
result, the two contracts would have different sensitivity to 
location defined risk factors.
---------------------------------------------------------------------------

    To measure the price sensitivity of a commodity market risk covered 
position, the proposal would require a banking organization to use 
either the spot price or the forward price, depending on which risk 
factor is used by the internal risk management models to price 
commodity transactions. For example, if the internal risk management 
model typically values electricity contracts based on forward prices 
(rather than spot prices), the proposal would require the banking 
organization to compute the delta capital requirement using the current 
prices for futures and forward contracts. Similar to equity risk, the 
proposal would define the commodity vega risk factors based on the 
implied volatilities of commodity-sensitive options as defined along 
the maturity of the option and the curvature risk factors based on the 
constructed curve per commodity spot price.

[[Page 15040]]

V. Foreign Exchange Risk
    The proposal would define the delta risk factors for foreign 
exchange risk as the exchange rate between the currency in which the 
market risk covered position is denominated and the reporting currency 
of the banking organization. For market risk covered positions that 
reference two currencies other than the reporting currency, the banking 
organization generally would be required to calculate the delta risk 
factors for foreign exchange risk using the exchange rates between each 
of the non-reporting currencies and the reporting currency. For 
example, for a foreign exchange forward referencing EUR/JPY, the 
relevant risk factors for a USD-reporting banking organization would be 
the exchange rates for USD/EUR and USD/JPY.
    To reduce operational burden, the proposal would allow a banking 
organization to calculate delta risk factors for foreign exchange risk 
relative to a base currency instead of the reporting currency, if 
approved by the primary Federal supervisor.\338\ In this case, after 
designating a single currency as the base currency, a banking 
organization would calculate the foreign exchange risk for all 
currencies relative to the base currency, and then convert the foreign 
exchange risk into the reporting currency using the spot exchange rate 
(reporting currency/base currency). For example, if a USD-reporting 
banking organization receives approval to calculate foreign exchange 
risk using JPY as the base currency, for a foreign exchange forward 
referencing EUR/JPY, the banking organization would calculate separate 
deltas for the EUR/JPY exchange rate risk and USD/JPY foreign exchange 
translation risk and then translate the resulting capital requirement 
to USD at the USD/JPY spot exchange rate.
---------------------------------------------------------------------------

    \338\ A banking organization would have to demonstrate to its 
primary Federal supervisor that calculating foreign exchange risk 
relative to its base currency provides an appropriate risk 
representation of the banking organization's market risk covered 
positions and that the foreign exchange risk between the base 
currency and the reporting currency is addressed. In general, the 
base currency would be the functional currency in which the banking 
organization generates or expends cash. For example, a multinational 
banking organization headquartered in the United States that 
primarily transacts in and uses EUR to value its assets and 
liabilities for internal accounting and risk management purposes 
could use EUR as its base currency. As its consolidated financial 
statement must be reported in USD, this multinational banking 
organization would need to translate the value of those assets and 
liabilities from the base currency (EUR) to the reporting currency 
(USD). Because exchange rates fluctuate continuously, this 
conversion could increase or decrease the value of those assets and 
liabilities and thus generate foreign exchange gains (or losses) 
from non-operating activity.
---------------------------------------------------------------------------

    The proposal would define the vega risk factors for foreign 
exchange risk as the implied volatility of options that reference 
exchange rates between currency pairs along one dimension: the maturity 
of the option. For curvature, the foreign exchange risk factors would 
be all exchange rates between the currency in which a market risk 
covered position is denominated and the reporting currency (or the base 
currency, if approved by the primary Federal supervisor).
ii. Risk Factor Sensitivities
    A fundamental element of the sensitivities-based method is the risk 
factor sensitivity calculation, which estimates the change in the value 
of a market risk covered position as a result of a regulatorily 
prescribed change in the value of a risk factor, assuming all other 
risk factors are held constant. To help ensure consistency and 
conservatism across banking organizations, the proposal would set 
requirements on the valuation models, currency, inputs, and sensitivity 
calculation, as applicable, that a banking organization could use to 
measure the risk factor sensitivity of a market risk covered position.
    The proposal would require a banking organization to calculate risk 
factor sensitivities using either the valuation methods used in its 
financial reporting models or internal risk management models.\339\ The 
agencies recognize that a banking organization can calculate risk 
sensitivities for delta and vega or estimate curvature using valuation 
methods and systems from equivalent internal risk management models. 
Accordingly, the proposal would also permit a banking organization to 
use the valuation methods used in its internal risk management models 
to calculate delta and vega sensitivities and curvature scenarios.
---------------------------------------------------------------------------

    \339\ The proposal would require banking organizations to have a 
prudent valuation process, including the independent validations of 
the valuation models used in the standardized non-default capital 
requirement. The financial reporting models provide an appropriate 
basis for determining risk-based capital requirements because such 
models are subject to requirements intended to enhance the accuracy 
of the financial data produced by the models, such as the 
requirements from the Sarbanes-Oxley Act of 2002. Public Law 107-
204. Accordingly, banking organizations that rely on financial 
reporting models for purposes of calculating risk factor 
sensitivities would satisfy the proposed prudent valuation 
requirement.
---------------------------------------------------------------------------

    For consistency and comparability in risk-based capital 
requirements across banking organizations, the proposal would require 
each banking organization to calculate all risk factor sensitivities in 
the reporting currency of the banking organization, except for the 
foreign exchange risk class where, with prior approval of the primary 
Federal supervisor, the banking organization may calculate the 
sensitivities relative to a base currency instead of the reporting 
currency. To appropriately capture a banking organization's exposure to 
market risk, the proposal would require banking organizations to use 
fair values that exclude CVA in the calculation of risk factor 
sensitivities.
    Question 121: The agencies seek comment on the advantages and 
disadvantages of allowing a banking organization to use the risk factor 
sensitivities from the previous day in limited circumstances when a 
banking organization is unable to calculate such sensitivity for the 
day, and why?
I. Delta
    Under the proposal, a banking organization would calculate the 
delta capital requirement using the steps previously outlined in 
section V.A.7.a. of this SUPPLEMENTARY INFORMATION for its market risk 
covered positions except those whose value exclusively depends on risk 
factors not captured by any of the proposed risk classes (exotic 
exposures).\340\ The proposal would require a banking organization to 
separately calculate the market risk capital requirements for such 
positions under the residual risk add-on as described in section 
V.A.7.b. of this SUPPLEMENTARY INFORMATION.
---------------------------------------------------------------------------

    \340\ Examples of exotic exposures not captured by any of the 
proposed risk classes include but are not limited to longevity, 
weather, and natural disasters derivatives.
---------------------------------------------------------------------------

    For purposes of calculating the delta capital requirement, the 
proposal would require a banking organization to calculate the delta 
sensitivity of a position using the sensitivity definitions provided in 
the proposal for each risk factor. Based on the proposed sensitivity 
definitions, the delta sensitivity would reflect the change in the 
value of a market risk covered position resulting from a small 
specified shift of one basis point or one percent change to a risk 
factor, assuming all other relevant risk factors are held at the 
current level, divided by the same specified shift to the risk factor.
    For the equity spot price, commodity, and foreign exchange risk 
factors, the delta sensitivity would equal the change in value of a 
market risk covered position due to a one percentage point increase in 
the risk factor divided by one percentage point. For the interest rate, 
credit spread, and equity repo rate

[[Page 15041]]

risk factors, the delta sensitivity would equal the change in value of 
a market risk covered position due to a one basis point increase in the 
risk factor divided by one basis point. In the case of credit spread 
risk for securitizations non-CTP, a banking organization would 
calculate the delta sensitivity for the positions with respect to the 
credit spread of the tranche rather than the credit spread of the 
underlying positions. For credit spread risk for correlation trading 
positions, the delta sensitivity for credit spread risk would be 
computed using a one basis point shift in the credit spreads of the 
individual underlying names of the securitization position or nth-to-
default position.
    When calculating the delta sensitivity for positions with 
optionality, a banking organization would apply either the sticky 
strike rule,\341\ the sticky delta rule,\342\ or, with the prior 
approval from its primary Federal supervisor, another assumption that 
is consistent with the banking organization's internal models. Each of 
these methods, or various combinations of such methods, is intended to 
measure appropriately the sensitivity of a risk factor within any of 
the risk classes.
---------------------------------------------------------------------------

    \341\ Under the sticky strike rule, a banking organization would 
assume that the implied volatility for an option remains unaffected 
by changes in the underlying asset price for any given strike price.
    \342\ Under the sticky delta rule, the banking organization 
would assume that the implied volatility for a particular maturity 
depends only on the ratio of the price of the underlying asset to 
the strike price (sometimes called the moneyness of the option).
---------------------------------------------------------------------------

II. Vega
    For market risk covered positions with optionality, the vega 
sensitivity to a risk factor would equal the vega of an option, which 
represents approximately the change in the option's value as the result 
of a one percentage point increase in the value of the option's 
volatility, multiplied by the volatility of the option. To measure the 
vega sensitivity of a market risk covered position, the proposal would 
require a banking organization to use either the at-the-money 
volatility of an option or the implied volatility of an option, 
depending on which is used by the financial reporting models or the 
internal risk management models to determine the intrinsic value of 
volatility in the price of the option.
    The vega capital requirement would only apply to options or 
instruments with embedded optionality, including instruments with 
material prepayment risk. For purposes of calculating the vega capital 
requirement, a banking organization would follow the steps previously 
outlined for purposes of calculating the delta capital requirements and 
use the same buckets for each risk class as those specified for the 
delta capital calculation and use the corresponding vega risk weights.
    Callable and puttable bonds that are priced based on the yield to 
maturity of the instrument would not be subject to the vega capital 
requirement. The agencies recognize that in practice a banking 
organization may not be able to calculate vega risk for callable and 
puttable bonds, as implied volatility for credit spread typically is 
not used as an input for the pricing of such instruments, and thus 
implied volatility is not captured by the internal models. Therefore, 
the proposal would allow banking organizations to exclude from the vega 
capital requirement callable and puttable bonds that are priced based 
on the yield to maturity of the instrument, as the delta capital 
requirement in these cases would be sufficiently conservative to 
capture the potential vega risk arising from such exposures.
    The proposal would require a banking organization to assign the 
sensitivity to implied volatility based on the option maturity. As the 
proposal defines the vega risk factors for interest rate risk along two 
dimensions: the maturity (or expiry) of the option and the maturity of 
the option's underlying instrument--a banking organization would be 
required to group options within the interest rate risk class along 
both of these two dimensions. To help ensure appropriately conservative 
capital requirements, the proposal would require a banking organization 
to (1) assign instruments with optionality that either do not have a 
stated maturity (for example, cancelable swaps) or that have an 
undefined maturity to the longest prescribed maturity tenor for vega, 
and (2) subject such instruments to the residual risk add-on, as 
described in section V.A.7.b. of this SUPPLEMENTARY INFORMATION. 
Similarly, for options that do not have a stated strike price or that 
have multiple strike prices, or that are barrier options, the proposal 
would require a banking organization to apply the maturity and strike 
price used in either its financial reporting models or internal risk 
management models to value the position and apply a residual risk add-
on.\343\ The agencies are proposing these constraints as a simple and 
conservative approach for market risk covered positions that are 
difficult to value in practice.
---------------------------------------------------------------------------

    \343\ Tranches of correlation trading positions that do not have 
an implied volatility would not be subject to the vega risk capital 
requirement. Such instruments would not be exempt from delta and 
curvature capital requirements.
---------------------------------------------------------------------------

    Question 122: The agencies solicit comment on the appropriateness 
of relying on a banking organization's internal pricing methods for 
determining the maturity and strike price of positions without a stated 
strike price or with multiple strike prices. What, if any, alternative 
approaches (such as using the average maturity of options with multiple 
exercise dates) would better serve to promote consistency and 
comparability in risk-based capital requirements across banking 
organizations? What are the benefits and drawbacks of such alternatives 
compared to the proposed reliance on the internal pricing models of 
banking organizations?
III. Curvature
    The proposed curvature capital requirements are intended to capture 
the price risks inherent in instruments with optionality that are not 
already captured by delta (for example, the change in the value of an 
option that exceeds what can be explained by the delta of the option 
alone). Under the proposal, only options or positions that contain 
embedded optionality, including positions with material prepayment 
risk, would be subject to the curvature capital requirement because 
they present material price risks not captured by delta. While linear 
instruments may also exhibit a certain degree of non-linearity, it is 
not always material for such instruments. Therefore, to allow for a 
more accurate representation of risk, the proposal would permit a 
banking organization, at its discretion, to make an election for a 
trading desk \344\ to include instruments without optionality in the 
curvature capital requirement, provided that the trading desk 
consistently includes such positions through time.
---------------------------------------------------------------------------

    \344\ For a banking organization that has established a trading 
desk structure with a single trading desk that uses the standardized 
measure to calculate market risk capital requirements, the proposal 
would allow such banking organization to make such an election for 
the entire organization rather than on a trading desk by trading 
desk basis. If such an election is made at the enterprise-wide 
level, the proposal would require the banking organization to 
consistently include positions without optionality within the 
curvature calculation.
---------------------------------------------------------------------------

    The proposal would require a banking organization to use the same 
buckets applied in the delta capital calculation to calculate curvature 
capital requirements. To calculate the risk-weighted sensitivity for 
each curvature risk factor within a bucket, the proposal would require 
a banking organization to fully revalue all of its market risk

[[Page 15042]]

covered positions with optionality as well as any market risk covered 
position that a banking organization has elected to include in the 
calculation of its curvature capital requirement, as applicable, after 
applying an upward shock and a downward shock to the current value of 
the market risk covered position. To avoid double counting, the banking 
organization would calculate the incremental loss in excess of that 
already captured by the delta capital requirement for all market risk 
covered positions subject to the curvature capital requirements. The 
larger incremental loss resulting from the upward and the downward 
shock would be the curvature risk-weighted sensitivity.\345\ The below 
graphic provides a conceptual illustration of the calculation of the 
curvature risk-weighted sensitivity based on the upward and the 
downward shock scenarios.
---------------------------------------------------------------------------

    \345\ To promote consistency and comparability in regulatory 
capital requirements across banking organizations, the proposal 
would require that in cases where the incremental loss resulting 
from the upward and the downward shock is the same, the banking 
organization must select the scenario in which the sum of the 
capital requirements of the curvature risk factors is greater.
[GRAPHIC] [TIFF OMITTED] TP27MR26.077

    In calculating the curvature risk-weighted sensitivity for the 
interest rate, credit spread, and commodity risk classes, a banking 
organization would apply the upward and downward shocks assuming a 
relative shift of all tenors for each curve based on the highest 
prescribed delta risk weight for the applicable 
bucket.346 347 The proposal would require a banking 
organization to apply the highest risk weight for each bucket to all 
tenor points along the curve to help ensure the curvature capital 
requirements reflect incremental losses from curvature and not those 
due to changes in the shape or slope of the curve. The proposal would 
require a banking organization to perform this calculation at the 
bucket level (not the risk class level). To the extent that applying 
the downward shocks results in negative credit spreads, the proposal 
would allow a banking organization to floor credit spreads at zero, 
which is the natural floor for credit spreads given that negative CDS 
spreads are not meaningful.
---------------------------------------------------------------------------

    \346\ As described in section V.A.7.a.iii.I. of this 
SUPPLEMENTARY INFORMATION, the proposed bucket structure used to 
group the delta risk factors for interest rate risk (and the 
corresponding risk weight for each bucket) is solely based on the 
tenor of market risk covered position. For purposes of calculating 
the curvature sensitivity for interest rate risk, the proposal would 
require a banking organization to disregard the bucketing structure 
and apply the highest prescribed delta risk weight (the 1.7 percent 
risk weight applicable to the 0.25-year tenor, or 1.7 percent 
divided by [radic]2 if the interest rate curve references a currency 
that is eligible for a reduced risk weight) to all tenors 
simultaneously for each yield curve.
    \347\ As the curvature capital requirements would capture an 
option's change in the value above that captured by delta, a banking 
organization would calculate the curvature sensitivity to credit 
spread risk for securitization positions non-CTP and correlation 
trading positions using the spread of the tranche and the spread of 
the underlying names, respectively.
---------------------------------------------------------------------------

    For the foreign exchange and equity risk classes, the upward and 
downward shocks represent a relative shift of the foreign exchange spot 
prices or equity spot prices, respectively, equal to the delta risk 
weight prescribed for the risk factor. The agencies recognize that the 
conversion of other currencies into either the reporting currency or 
base currency, if applicable, would capture exchange rate fluctuations, 
and thus overstate the sensitivity for foreign exchange risk. Thus, for 
options that do not reference the reporting or base currency of the 
banking organization as an underlying exposure, the proposal would 
allow the banking organization to divide the net curvature risk 
positions by a scalar of 1.5, provided that the banking organization 
consistently applies the scalar to all market risk covered positions 
with foreign exchange risk through time.
    To aggregate the bucket-level capital requirements and risk class-
level capital requirements for curvature, a banking organization would 
bifurcate positions into those with positive curvature and those with 
negative curvature. For the purposes of calculating risk-based capital 
requirements for curvature, positions with negative curvature represent 
a capital benefit--as they reduce rather than increase risk, and thus 
lower risk-based capital requirements. For example, the downward shock 
as depicted in the above graphic produces less of an estimated price 
reduction under the curvature scenario than under the linear delta 
shock (negative curvature). To limit the effect of negative curvature 
capital requirements on the overall capital required under the 
sensitivities-based method, both the intra-bucket and inter-bucket 
aggregation formulas would

[[Page 15043]]

floor the curvature capital requirement at zero. Additionally, both 
formulas include a variable \348\ to allow a banking organization to 
recognize the risk-reducing benefits of market risk covered positions 
with negative curvature in offsetting those with positive curvature, 
while limiting the reduction in the overall capital resulting from the 
aggregation of market risk covered positions with negative curvature.
---------------------------------------------------------------------------

    \348\ Specifically, this refers to the psi variable ([Psi]) 
within the intra and inter-bucket aggregation formulas in Sec.  
__.206(d)(2) and Sec.  __.206(d)(3) of the proposed rule.
---------------------------------------------------------------------------

    Question 123: For consistency with flooring credit spreads at zero 
when the downward shock for curvature results in negative credit 
spreads, the agencies seek comment on whether the agencies should allow 
banking organizations to cap the level of shock (for example, 
RWKCurvature) at the difference between the current level of the credit 
spread risk curvature risk factor and zero when calculating the 
curvature risk. What would be advantages and disadvantages of this cap 
and why?
    Question 124: The agencies solicit comment on the appropriateness 
of calculating the curvature risk-weighted sensitivity for the 
commodity risk class using the upward and downward shocks assuming a 
parallel shift of all tenors for each curve. Would a relative shift be 
more appropriate for calculating risk-weighted sensitivity for the 
commodity risk class and why?
iii. Buckets and Corresponding Risk Weights
    After determining the net sensitivity for each of the proposed risk 
factors within each risk class, a banking organization would calculate 
the risk-weighted sensitivity by multiplying the net sensitivity for 
each risk factor by the risk weight prescribed for the applicable 
bucket.\349\ The proposed buckets and corresponding risk weights are 
largely consistent with the framework issued by the Basel Committee. 
However, to reflect the potential systematic risks that positions may 
experience in a time of stress and avoid reliance on external ratings 
in accordance with U.S. law, the agencies are proposing to use 
alternative criteria to define the bucketing structure for risk factors 
related to credit spread risk and to clarify the application of the 
credit spread buckets for certain U.S. products, as described in 
section V.A.7.a.iii.II. of this SUPPLEMENTARY INFORMATION.\350\ 
Additionally, to appropriately reflect a jurisdiction's stage of 
economic development, the agencies are proposing to use objective 
market economy criteria to define the bucketing structure for risk 
factors related to equity risk, as described in section 
V.A.7.a.iii.III. of this SUPPLEMENTARY INFORMATION. Furthermore, the 
proposal would include electricity in the same bucket as gaseous 
combustibles in view of the inherent relationship between the price of 
electricity and natural gas and to simplify the proposal, as described 
in section V.A.7.a.iii.IV. of this. SUPPLEMENTARY INFORMATION.
---------------------------------------------------------------------------

    \349\ Vega and curvature capital requirements would use the same 
risk buckets as prescribed for delta. See Sec.  __.209(c) and (d) of 
the proposed rule. Table 11 to Sec.  __.209 of the proposed rule 
provides the proposed vega risk weights for each risk class, which 
incorporate the liquidity horizons for each risk class (risk of 
market illiquidity) from the Basel standards.
    \350\ See 15 U.S.C. 78o-7 note.
---------------------------------------------------------------------------

    The proposed buckets and associated risk weights are intended to 
appropriately capture the specific, idiosyncratic risks of market risk 
covered positions (for example, negative betas or variations in capital 
structure). These components of the proposal also are largely 
consistent with the Basel standards and would promote consistency and 
comparability in market risk capital requirements among banking 
organizations domestically and across jurisdictions. The sections that 
follow describe the proposed buckets and associated risk weights for 
each risk factor.
I. Interest Rate Risk
    Table 1 to Sec.  __.209 of the proposed rule sets forth the ten 
proposed buckets for the interest rate risk factors of market risk 
covered positions and the corresponding risk weight applicable to each 
bucket.\351\ The proposal would require a banking organization to use 
separate buckets for each currency, for each of ten proposed tenors to 
capture most commonly traded instruments across market risk covered 
positions held by a banking organization and align with bucketing 
structures used by trading firms.
---------------------------------------------------------------------------

    \351\ The buckets reflect that interest rates at a longer tenor 
have less uncertainty and thus lower volatility than interest rates 
at a shorter tenor that are more receptive to changes in interest 
rate risk.
---------------------------------------------------------------------------

    By delineating interest rate risk factors based on currency \352\ 
and tenor, the granularity of the proposed buckets is intended to 
appropriately balance the risk sensitivity of the proposed framework 
with providing consistency in risk-based requirements across banking 
organizations by assigning similar risk weights to similar kinds of 
positions.
---------------------------------------------------------------------------

    \352\ As noted in section V.A.7.a.i.I. of this SUPPLEMENTARY 
INFORMATION, under the proposal, each currency would represent a 
separate risk factor for interest rate risk.
---------------------------------------------------------------------------

    Factors such as the stage of the economic cycle and the role of 
exchange rates can cause interest rate risk to diverge significantly 
across different currencies, particularly in stress periods. 
Accordingly, the proposal would require banking organizations to 
establish separate interest rate buckets for each currency.
    OTC interest rate derivatives for liquid currencies have 
significant trading activity relative to non-liquid currencies, which 
means a banking organization faces a shorter liquidity horizon to 
offload exposure to interest rate risk factors in liquid currencies. 
Therefore, the proposal would allow a banking organization to divide 
the proposed risk weight applicable to each interest rate risk factor 
bucket by the square root of two if the interest rate risk factor 
relates to a liquid currency listed in Sec.  __.209(b)(1)(iv) of the 
proposed rule or any other currencies specified by the primary Federal 
supervisor. This approach would allow a banking organization to apply a 
lower risk weight for purposes of the delta, vega, and curvature 
capital requirements, as applicable, for interest rate risk factors for 
the listed liquid currencies and any other currencies specified by the 
primary Federal supervisor.
II. Credit Spread Risk
    Tables 3, 5, and 7 to Sec.  __.209 of the proposed rule set forth 
the buckets and corresponding risk weights for the credit spread risk 
factors of non-securitization positions, correlation trading positions, 
and securitization positions non-CTP, respectively. Under the proposal, 
a banking organization would group the credit spread risk factors for 
non-securitization positions, correlation trading positions, and 
securitization positions non-CTP into one of twenty, sixteen, or 
twenty-five proposed buckets, respectively, based on market sector and 
credit quality.
    The credit quality of a market risk covered position in a given 
sector is inversely related to its credit spread. Accordingly, the 
buckets for credit spread risk consider the credit quality of a given 
market risk covered position. More specifically, the proposal would 
generally use the same approach to delta credit spread buckets and 
corresponding risk weights provided in the Basel standards for non-
securitization positions, correlation trading positions, and 
securitization positions non-CTP, except that the proposal would define 
the buckets using alternative criteria to capture the creditworthiness 
of the obligor. The delta credit spread buckets

[[Page 15044]]

in the Basel standards are defined based on the applicable credit 
ratings of the reference entity. Section 939A of the Dodd-Frank Act 
required the agencies to remove references to credit ratings in Federal 
regulations.\353\ Therefore, the agencies are proposing an approach 
that would allow for a level of risk sensitivity in the delta credit 
spread buckets and corresponding risk weights that would be generally 
consistent with the Basel standards and not rely on external credit 
ratings. Specifically, the proposal would categorize the delta credit 
spread buckets and corresponding risk weights for non-securitizations, 
correlation trading positions, and securitization positions non-CTP 
based on the definitions for investment grade as defined in the 
agencies' existing capital rule \354\ and the definitions of 
speculative grade \355\ and sub-speculative grade \356\ as defined in 
the proposal.
---------------------------------------------------------------------------

    \353\ 15 U.S.C. 78o-7 note.
    \354\ See 12 CFR 3.2 (OCC); 12 CFR 217.2 (Board); 12 CFR 324.2 
(FDIC).
    \355\ The proposal would define speculative grade to mean that 
the entity to which a banking organization is exposed through a loan 
or security, or the reference entity with respect to a credit 
derivative, has adequate capacity to meet financial commitments in 
the near term, but is vulnerable to adverse economic conditions, 
such that should economic conditions deteriorate, the issuer or the 
reference entity would present an elevated default risk.
    \356\ The proposal would define sub-speculative grade to mean 
that the entity to which a banking organization is exposed through a 
loan or a security, or the reference entity with respect to a credit 
derivative, depends on favorable economic conditions to meet its 
financial commitments, such that should economic conditions 
deteriorate, the issuer or the reference entity likely would default 
on its financial commitments.
---------------------------------------------------------------------------

    The credit spread risks of industries within the proposed sectors 
react similarly to the same market or economic events by principle of 
shared economic risk factors (for example, technology and 
telecommunications). Furthermore, the proposal would provide sectors 
similar to those contained in the Basel standards and specify a 
treatment for certain U.S.-specific sectors (for example, GSE debt and 
public sector entities). Specifically, the proposal would include GSE 
debt and public sector entities in the sector for government-backed 
non-financials, education, and public administration to appropriately 
reflect the potential variability in the credit spreads of such 
positions. Accordingly, assigning the same risk weight to these 
positively correlated sectors would reduce administrative burden and 
not have a material effect on risk sensitivity. Relative to the Basel 
standards, the proposal would expand the scope of the financials, 
including government-backed financials, bucket to apply to real estate 
activities. This clarification aligns the treatment of real estate 
activities across the credit spread risk sector buckets and equity 
sector buckets.
    Some of the proposed sector buckets consist of different 
industries, for example basic materials, energy, industrials, 
agriculture, manufacturing, and mining and quarrying. Positions within 
the same sector that are the same credit quality would be assigned to 
the same bucket because from a market risk perspective an economic 
event causing volatility in a sector tends to similarly affect all 
positions in the industries operating in that sector, even if there may 
be differences in credit quality between individual issuers within a 
sector. When calculating the delta and curvature capital requirements 
for securitization indices, the proposal would allow a banking 
organization to apply the look-through approach or treat the index as a 
single position, as described in section V.A.10.d.i. of this 
SUPPLEMENTARY INFORMATION.
    The agencies recognize that there may be sectors that are not 
expressly categorized by the proposed buckets, and that specifying all 
sectors for such purpose may not be possible. The proposed buckets 
would include an ``other sector'' category for market risk covered 
positions that do not belong to any of the other buckets.
    The proposed risk weights are based on empirical data which reflect 
the historical stress period for which the risk factors within the 
bucket caused the largest cumulative loss at various liquidity 
horizons. As such, for speculative grade sovereign exposures, 
multilateral development banks, and specified supranational entities 
\357\ the agencies are proposing a 3 percent risk weight for such 
positions that are non-securitization positions (Table 3 to Sec.  
__.209) and a 13 percent risk weight for such positions that are 
correlation trading positions (Table 5 to Sec.  __.209).\358\ Based on 
the agencies' quantitative analysis of the historical data, the credit 
spreads of speculative grade sovereign bonds have typically widened 
more than 200 basis points after a downgrade, and significantly more 
for sub-speculative grade sovereigns.\359\ Multilateral development 
banks and specified supranational entities exhibit similar credit 
spread risk as sovereign exposures and merit similar risk weights. 
Additionally, for non-securitization positions and correlation trading 
positions, the proposal would include separate buckets with higher risk 
weights (7 percent and 16 percent, respectively) for sub-speculative 
grade sovereign exposures, multilateral development banks, and 
specified supranational entities than for those of speculative grade, 
because of the additional risk posed by sub-speculative exposures.
---------------------------------------------------------------------------

    \357\ Under the proposal, specified supranational entities would 
include the Bank for International Settlements, the European Central 
Bank, the European Commission, the International Monetary Fund, the 
European Stability Mechanism, and the European Financial Stability 
Facility. Consistent with the current capital rule, exposures to 
such entities would continue to be subject to a zero percent risk 
weight for purposes of general credit risk under the proposal.
    \358\ The agencies calibrated the credit spread risk weights for 
speculative and sub-speculative sovereign exposures by applying a 
methodology similar to what the Basel Committee used for calibrating 
risk weights for other asset classes. In particular, the agencies 
used a methodology that aligned the sensitivities-based method risk 
weight calibration to the liquidity horizon-adjusted stressed 
expected shortfall specified in the models-based non-default capital 
requirement. For calibration, the agencies used IHS Markit credit 
default swap data and calculated ten-day overlapping absolute 
changes in sovereign credit default swap spreads. For the period of 
stress, the agencies used the period from May 2011 to May 2012 
during the European sovereign debt crisis, which is representative 
of stress risk for these exposures. The agencies calibrated the risk 
weight by multiplying the standard deviation of the absolute changes 
in sovereign spreads over the stress period by 2.34 and by the 
square root of the applicable liquidity horizon divided by ten days. 
The agencies multiplied the standard deviation by 2.34 to ensure the 
risk weight was calibrated to the same 97.5 percent threshold 
required in the expected shortfall measure and to align with the 
calculation of other risk weights. The multiplication by the square 
root of the ratio of the liquidity horizon to ten days was done to 
convert the metric to the appropriate liquidity horizon specified in 
the models-based non-default capital requirement.
    \359\ The result of calibration based on the IHS Markit credit 
default swap data is a seven percent risk weight for sub-speculative 
grade. Credit default swap data were used for sub-speculative 
sovereign exposures because credit default swap spreads generally 
reflect the credit spread risk characteristics of sub-speculative 
grade sovereign issuers. For speculative grade sovereign exposures, 
the proposal would assign a three percent risk weight, rather than 
the two percent risk weight specified in the Basel standards, 
because the analysis described above shows that the credit spreads 
of speculative grade sovereign bonds have typically widened more 
than two percent after a downgrade. In addition, the proposed three 
percent risk weight for such exposures would support the agencies' 
objectives of ensuring an appropriate level of conservativeness 
while also differentiating between the relative risks of speculative 
and sub-speculative grade sovereign exposures.
---------------------------------------------------------------------------

    For securitization positions non-CTP (Table 7 to Sec.  _.209), the 
proposal would clarify the treatment of personal loans and dealer 
floorplan loans within the delta credit spread buckets. Specifically, 
the proposal would require a banking organization to include personal 
loans within the bucket for credit card securitizations and dealer 
floorplans within the bucket for auto securitizations in order to 
appropriately

[[Page 15045]]

reflect the lower credit spread risk of these positions relative to 
those within the other sector bucket.\360\
---------------------------------------------------------------------------

    \360\ The other sector risk bucket refers to bucket 25 in Table 
7 to Sec.  _.209 of the proposed rule.
---------------------------------------------------------------------------

    For securitization positions non-CTP, the proposal would also 
clarify the delta credit spread buckets for residential mortgage-backed 
securities to help ensure consistency in bucketing assignments across 
banking organizations. Specifically, the proposal would define prime 
residential mortgage-backed securities based on the definition of 
qualified residential mortgages in the credit risk retention rule \361\ 
and would define sub-prime residential mortgage-backed securities based 
on the definitions of higher-priced mortgage loans and high-cost 
mortgages in Regulation Z,\362\ respectively.
---------------------------------------------------------------------------

    \361\ The credit risk retention rule generally requires a 
securitizer to retain not less than 5 percent of the credit risk of 
certain assets that the securitizer, through the issuance of an 
asset-backed security, transfers, sells, or conveys to a third 
party. See 12 CFR part 43 (OCC); 12 CFR part 244 (Board); 12 CFR 
part 373 (FDIC).
    \362\ To help ensure that credit terms are disclosed in a 
meaningful way so consumers can compare credit terms more readily 
and knowledgeably, Regulation Z mandates regulations on how lenders 
may calculate and disclose loan costs. See 12 CFR part 1026.
---------------------------------------------------------------------------

    Under the proposal, prime residential mortgage-backed securities 
would be defined as securities in which the underlying exposures 
consist primarily of qualified residential mortgages as defined under 
the credit risk retention rule. The eligibility criteria of the 
qualified residential mortgage definition are designed to help ensure 
the borrower's ability to repay.\363\ Residential mortgage-backed 
securities that are primarily backed by qualified residential mortgage 
loans carry significantly lower credit risk than those backed primarily 
by non-qualifying loans. Therefore, the proposal would use the existing 
definition of qualified residential mortgage in the credit risk 
retention rule, which refers to the Regulation Z definition of 
qualified mortgage to identify residential mortgage-backed securities 
that are primarily backed by underlying loans with sufficiently low 
credit risk to be classified as prime.
---------------------------------------------------------------------------

    \363\ Under the general definition for qualified mortgages in 12 
CFR 1026.43(e)(2), a creditor must satisfy the statutory criteria 
restricting certain product features and points and fees on the 
loan, consider and verify certain underwriting requirements that are 
part of the general ability-to-repay standard, and meet certain 
other requirements.
---------------------------------------------------------------------------

    Similarly, the proposal would define a sub-prime residential 
mortgage-backed security as a security in which the underlying 
exposures consist primarily of higher-priced mortgage loans as defined 
under Regulation Z (12 CFR 1026.35), high-cost mortgages as defined 
under Regulation Z (12 CFR 1026.32), or both. In general, Regulation Z 
defines higher-priced mortgage loans \364\ and high-cost mortgages 
\365\ to include consumer credit transactions secured by the consumer's 
principal dwelling with an annual percentage rate \366\ that exceeds 
the average prime offer rate (APOR) \367\ for a comparable transaction. 
Consistent with Regulation Z, the subprime market is identified by loan 
price rather than by borrower characteristics, which could present 
operational difficulties and other problems. Therefore, the proposal 
would use the existing definitions in Regulation Z, which rely on a 
loan's annual percentage rate and other characteristics, to identify 
residential mortgage-backed securities that are primarily backed by 
underlying loans with sufficiently high credit risk to be classified as 
sub-prime. In addition, the proposal would reduce compliance burden for 
banking organizations by allowing them to leverage criteria already 
being used to evaluate mortgage loans for coverage under the prescribed 
Regulation Z thresholds.
---------------------------------------------------------------------------

    \364\ Under Regulation Z, a higher-priced mortgage loan is 
defined as a closed-end consumer credit transaction secured by the 
consumer's principal dwelling with an annual percentage rate that 
exceeds the average prime offer rate for a comparable transaction as 
of the date the interest rate is set by a certain amount of 
percentage points depending on the type of loan. See 12 CFR 
1026.35(a)(1).
    \365\ Under Regulation Z, a high-cost mortgage is defined as a 
closed- or open-end consumer credit transaction secured by the 
consumer's principal dwelling and in which the annual percentage 
rate exceeds the average prime offer rate for a comparable 
transaction by a certain amount, or the transaction's total points 
and fees exceed a certain amount, or under the terms of the loan 
contract or open-end credit agreement, the creditor can charge a 
prepayment penalty more than 36 months after consummation or account 
opening, or prepayment penalties that can exceed, in total, more 
than 2 percent of the amount prepaid. See 12 CFR 1026.32(a).
    \366\ Annual percentage rates are derived from average interest 
rates, points, and other loan pricing terms currently offered to 
consumers by a representative sample of creditors for mortgage 
transactions that have low-risk pricing characteristics. Other 
pricing terms include commonly used indices, margins, and initial 
fixed-rate periods for variable-rate transactions. Relevant pricing 
characteristics include a consumer's credit history and transaction 
characteristics such as the loan-to-value ratio, owner-occupant 
status, and purpose of the transaction.
    \367\ Loans with higher annual percentage rates or that have 
higher points and fees or prepayment penalties generally are 
extended to less creditworthy borrowers (for example, weaker 
borrower credit histories, higher borrower debt-to-income ratios, 
higher loan-to-value ratios, less complete income or asset 
documentation, less traditional loan terms or payment schedules, or 
combinations of these or other risk factors) and thus pose higher 
credit risk.
---------------------------------------------------------------------------

    The agencies recognize that a securitization vehicle that holds 
residential mortgage-backed securities may hold assets other than the 
residential mortgage loans, such as interest rate swaps, to support its 
liabilities. Furthermore, not all mortgage loans that satisfy the 
requirements of the proposed definitions when the securitization 
vehicle acquires the residential mortgage-backed securities will 
continue to do so throughout the lifecycle of the position. To minimize 
variability in risk-based capital requirements, reduce the operational 
burdens imposed on banking organizations and help ensure consistency 
and comparability in risk-based capital requirements across banking 
organizations, the proposal would define prime and sub-prime as those 
vehicles that primarily hold qualified residential mortgages or high-
priced mortgage loans and high-cost mortgages, respectively. All other 
mortgage-backed securities would be defined as mid-prime mortgage-
backed securities.
    Question 125: The agencies seek comment on the appropriateness of 
adding the sub-speculative grade category for non-securitizations and 
for correlation trading positions. What, if any, operational challenges 
might the proposed bucketing structure pose for banking organizations 
and why? What, if any, alternatives should the agencies consider to 
better capture the risk of these positions?
    Question 126: The agencies seek comment on the treatment of certain 
sovereign exposures. What would be the advantages and disadvantages of 
applying a zero percent credit spread risk weight to short-term (less 
than one year) U.S. sovereign exposures such as U.S. Treasury 
securities that are investment grade, and why? What, if any, 
alternative risk weight treatment should the agencies consider for 
sovereign exposures that are primarily exposed to interest rate risk, 
rather than credit spread risk, and why?
    Question 127: The agencies seek comment on the risk weight for 
covered bonds. What, if any, alternative approaches would better serve 
to differentiate the credit quality of highly rated covered bonds 
without referring to credit ratings and why?
    Question 128: The agencies seek comment on whether the proposed 
definitions for each sector bucket appropriately capture the 
characteristics to distinguish between the categories of residential 
mortgage-backed securities. What would be the

[[Page 15046]]

benefits and drawbacks of using the definition of qualified residential 
mortgage in the credit risk retention rule? What, if any, alternative 
approaches should the agencies consider to more appropriately 
distinguish between the categories of residential mortgage-backed 
securities?
    Question 129: The agencies seek comment on whether the proposed 
sector bucket definitions for residential mortgage-backed securities 
are sufficiently clear. What, if any, additional criteria should the 
agencies consider to define ``primarily'' in the context of residential 
mortgage-backed securities (for example, quantitative limits or other 
thresholds) and what are the associated benefits and drawbacks of doing 
so?
    Question 130: What, if any, operational challenges might the 
proposed sector bucket definitions pose for banking organizations in 
allocating the credit spread risk sensitivities of existing mortgage 
exposures to the respective buckets and why? To what extent would using 
one metric (for example, average prime offer rate) to define the sector 
buckets address any such concerns?
    Question 131: What, if any, other sector buckets require additional 
clarification, and why?
III. Equity Risk
    Table 8 to Sec.  _.209 of the proposed rule provides the proposed 
delta buckets and corresponding risk weights for market risk covered 
positions with equity risk, which would be generally consistent with 
those in the Basel standards.\368\ Under the proposal, a banking 
organization would group the equity risk factors for market risk 
covered positions into one of thirteen buckets based on market 
capitalization, market economy, and sector.
---------------------------------------------------------------------------

    \368\ Vega and curvature capital requirements use the same 
buckets as prescribed for delta. See Sec.  _.209(c)(1), (d)(1) of 
the proposed rule.
---------------------------------------------------------------------------

    The proposed sector buckets and associated risk weights would 
differentiate between large and small market capitalization issuers to 
appropriately reflect the relatively higher volatility and increased 
equity risk of small market capitalization issuers.\369\ Under the 
proposal, issuers with a consolidated market capitalization equal to or 
greater than $2 billion, adjusted to reflect CPI-W,\370\ would be 
classified as large market capitalization issuers, and all other 
issuers would be classified as small market capitalization issuers. The 
proposed large market capitalization designation would help ensure an 
amount of information and trading activity related to an issuer that is 
suitable for differentiating risks between large and small market 
capitalization issuers. The market capitalization data of publicly 
traded firms is readily available and therefore would not be burdensome 
to identify.
---------------------------------------------------------------------------

    \369\ Relative to large market capitalization issuers, 
instruments issued by those with small market capitalization are 
typically less liquid and thus pose greater equity risk, as 
investors holding these instruments may encounter difficulty in 
buying or selling shares particularly during a stress event. Small 
market capitalization issuers also typically have less access to 
capital (such that they are less capable of obtaining sufficient 
financing to bridge gaps in cash flow) and have a relatively shorter 
operational history and thereby less evidence of a durable business 
model. During downturns in the economic cycle, such complications 
can increase the volatility (and therefore the equity risk) of 
investments in such issuers.
    \370\ See section II.E. of this SUPPLEMENTARY INFORMATION for a 
more detailed discussion on indexing nominal thresholds in the 
proposal going forward to reflect CPI-W.
---------------------------------------------------------------------------

    For purposes of the market economy criteria, the proposal would 
differentiate between ``liquid market economy'' countries and 
territorial entities and emerging market economy countries and 
territorial entities to appropriately reflect the higher volatility 
associated with emerging market equities. Under the proposal, a banking 
organization would use the following criteria to identify annually a 
country or territorial entity with a liquid market economy: (1) $10,000 
or more in per capita income, (2) $95 billion or more in market 
capitalization of all domestic stock markets, (3) no single export 
sector or commodity comprises more than 50 percent of the country or 
entity's total annual exports, (4) no material controls on liquidation 
of direct investment, and (5) free of sanctions imposed by the U.S. 
Office of Foreign Assets Control against a sovereign entity, public 
sector entity, or sovereign-controlled enterprise of the country or 
territorial entity.\371\ Countries or territorial entities that satisfy 
all five criteria or that are in a currency union \372\ with at least 
one country or territorial entity that satisfies all five criteria 
would be classified as liquid market economies, and all others would be 
classified as emerging market economies.
---------------------------------------------------------------------------

    \371\ According to the agencies' analysis of the data, the 
initial list of ``Liquid Market Economies'' would include: United 
States, Canada, Mexico, the 19 Euro area countries (Austria, 
Belgium, Cyprus, Estonia, Finland, France, Germany, Greece, Ireland, 
Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, 
Portugal, Slovakia, Slovenia, and Spain), non-Eurozone, western 
European nations (the United Kingdom, Sweden, Denmark and 
Switzerland), Japan, Australia, New Zealand, Singapore, Israel, 
South Korea, Taiwan, Chile, and Malaysia.
    \372\ The proposal would define a currency union as an agreement 
by treaty among countries or territorial entities, under which the 
members agree to use a single currency, where the currency used is 
described in Sec.  _.209(b)(1)(i) of the proposed rule.
---------------------------------------------------------------------------

    In relying on a set of objective criteria, the proposed approach 
for market economy buckets is designed to increase risk sensitivity by 
distinguishing between equities with lower volatility or higher 
volatility in a manner consistent with the Basel standards while also 
providing sufficient flexibility to reflect changes to the list of 
market economies as countries' profiles evolve.
    For market risk covered positions with exposure to large market 
capitalization issuers, the proposal would group equity risk factors 
into one of four sectors for each of the emerging market and liquid 
market economy categories: (1) consumer goods and services, 
transportation and storage, administrative and support service 
activities, healthcare, and utilities; (2) telecommunications and 
industrials; (3) basic materials, energy, agriculture, manufacturing, 
and mining and quarrying; and (4) financials including government-
backed financials, real estate activities, and technology.
    The proposed equity buckets are intended to reflect differences in 
the extent to which equity prices in varying sectors are affected by 
the business cycle (such as GDP growth). Differentiating sectors for 
purposes of assigning risk weights to exposures to large market 
capitalization issuers is relevant because some sectors are more 
sensitive than others to the given phase in a business cycle. The 
proposal groups together industries into sectors that tend to have 
similar economic sensitivities and therefore are sufficiently 
homogenous from a risk perspective. Conversely, among small market 
capitalization issuers, volatility is more attributable to whether a 
market risk covered position is related to an emerging market economy 
or liquid market economy, regardless of the sector. Therefore, the 
proposed buckets for small market capitalization issuers delineate 
emerging market economies from liquid market economies but do not 
delineate sectors.
    In addition, the proposal includes three buckets representing other 
sectors; equity indices that are both large market capitalization and 
liquid market economy (non-sector specific); and other equity indices 
(non-sector specific). As is the case with credit spread buckets, the 
agencies recognize that specifying all sectors for the purpose of 
applying buckets is infeasible. Accordingly, the last three buckets set 
forth in Table 8 to Sec.  _.209 are intended to strike a balance 
between risk sensitivity and operational burden.

[[Page 15047]]

Equity indices aggregate risk across different sectors and accordingly 
require separate treatment from sector-specific buckets. Nonetheless, 
equity indices that are both large market capitalization and liquid 
market economy are relatively less risky than other equity indices and 
can be identified in the course of determining large market 
capitalization issuers and liquid market economies, such that it would 
not impose a great burden to delineate them as a separate bucket.
    Question 132: The agencies solicit comment on the proposed 
definition of liquid market economy. Specifically, would the proposed 
criteria sufficiently differentiate between economies that have liquid 
and deep equity markets? What, if any, alternative criteria should the 
agencies consider and why? What, if any, of the proposed criteria 
should the agencies consider eliminating and why?
    Question 133: The agencies solicit comment related to the proposed 
bucket structure for equity risk. What, if any, other relationships 
should the agencies consider for highly correlated risks among 
different equity types that are currently in different buckets and why? 
Please describe the historical correlations between such equities, and 
historical price shocks for purposes of assigning the appropriate risk 
weight.
    Question 134: The agencies solicit comment related to the use of 
materiality criteria to identify annually a country or territorial 
entity with a liquid market economy. What are the advantages and 
disadvantages of indexing such thresholds in the proposal to reflect 
CPI-W going forward, and why?
IV. Commodity Risk
    Table 9 to Sec.  _.209 of the proposed rule provides the proposed 
delta buckets and corresponding risk weights for positions with 
commodity risk. Under the proposal, a banking organization would group 
commodity risk factors into one of twelve buckets based on the 
following commodity classes: energy--solid combustibles; energy--liquid 
combustibles; energy--carbon trading; freight; metals--non-precious; 
gaseous combustibles and electricity; precious metals (including gold); 
grains and oilseed; livestock and dairy; forestry and agriculturals; 
other commodity; and commodity index.
    The proposed buckets and associated risk weights for commodity risk 
would be distinguished by the underlying commodity types described 
above to appropriately reflect differences in volatility (and therefore 
market risk) between those commodity types. In general, the price 
sensitivity of a commodity to changes in global supply and demand can 
vary between commodity types due to production and storage cycles, 
along with other factors. For example, energy commodities are generally 
delivered year-round, whereas grain production is seasonal such that 
deliverable futures contracts are available on dates to coincide with 
harvest. Further, commodities within the proposed commodity types have 
generally historically similar levels of volatility and high 
correlation. The proposed commodity buckets are intended to strike a 
balance between the risk sensitivity of measuring market risk for the 
delineated commodity groups and the operational burden of capturing the 
market risk of all commodities. As is the case with credit spread 
buckets and equity buckets, the agencies recognize that specifying all 
commodities for the purpose of applying buckets is operationally 
difficult. Accordingly, the proposal includes an additional ``other 
commodity'' bucket to conservatively capture the risk of additional 
commodities that are not otherwise specified and a commodity index 
bucket to include indexes that may track multiple commodities. The 
commodity index bucket is introduced to capture the diversified risk of 
pooling several commodities together that do not concentrate into a 
particular sector.
    As is the case with other buckets, the proposed risk weights for 
commodity risk factors are based on empirical data during historical 
periods of stress. The agencies are proposing to align the delta risk 
factor buckets and corresponding risk weights with those provided in 
the Basel standards, with two exceptions. First, the Basel standards 
prescribe separate buckets with different risk weights for electricity 
and gaseous combustibles. The proposal would include a single bucket 
for electricity and gaseous combustibles to allow for greater 
recognition of hedges between these two commodities.\373\ The proposed 
bucketing structure would reflect appropriately the inherent 
relationship between the price of electricity and natural gas, as 
empirical evidence demonstrates a strong correlation between price 
movements of natural gas and electricity contracts.\374\ Second, the 
proposal would introduce a bucket for commodity indices with a 
prescribed risk weight of 30 percent and intra bucket correlation of 50 
percent.\375\
---------------------------------------------------------------------------

    \373\ The agencies are proposing to include electricity and gas 
in the same bucket based on an analysis of correlations between 
natural gas and electricity futures prices pairs across multiple 
geographical regions. The analysis shows that pairwise correlations 
between gas and electricity prices within the same region are high 
and stable and in excess of the inter bucket correlation that would 
be applied if the two financial instruments were bucketed 
separately.
    \374\ The calibration of the risk weight for the gas and 
electricity commodity risk bucket in the sensitivities-based method 
followed the stressed expected shortfall calibration methodology 
specified in the models-based non-default capital requirement, 
accounting for variations in liquidity horizons. The agencies used 
Thomson Reuters to obtain spot price data for electricity and gas 
risk factors and calculated ten-day overlapping returns constructed 
as rt = (pt-pt/10)/pt/10, where r is the return, p is the spot price 
for gas and electricity risk factors for the most recent outcome, 
denoted as t, and for the date that is 10 business days prior to t, 
denoted as t/10. The 97.5 percent expected shortfall was calculated 
as the average of the m worst returns, where m = n * 2.5 percent 
rounded to the nearest integer, and n is the number of ten-day 
returns that had all values for both pt and pt/10. For the period of 
stress, the agencies used the period between September 1, 2008 and 
August 31, 2009, when the S&P Goldman Sachs Commodity Index had the 
highest month-end 99th percentile VaR. The resulting estimated risk 
weight for electricity and gas was 48 percent. For the calibration 
of the intra-bucket correlation parameter between natural gas and 
electricity, the agencies used Bloomberg to source data on 10 series 
of commodity futures (five series for each commodity, representing 
five distinct markets with high trading activity for both natural 
gas and electricity, specifically, the United States, United 
Kingdom, France, Germany, and the Netherlands) and calculated ten-
day overlapping returns for each series as rt = (pt - pt/10)/pt/10. 
To estimate the pairwise correlation between gas and electricity, 
the agencies used the period between January 2018 and December 2022, 
which included the time of unprecedented commodity market 
volatility. The resulting estimated average pairwise correlation 
between electricity and natural gas was 66 percent.
    \375\ The agencies are applying a similar methodology for the 
calibration of the commodity index bucket risk weight as the Basel 
Committee used for calibrating risk weights for all asset classes, 
which aligns the sensitivities-based method risk weight calibration 
to the liquidity horizon adjusted stressed expected shortfall 
specified in the internal model approach. When calibrating commodity 
risk weights the Basel Committee used data on prices and calculated 
ten day overlapping returns (such as relative changes in prices). 
For the period of stress, the agencies used the second half of 2008 
and the first half 2009 stress period. The standard deviation 
obtained was multiplied by 2.34 to reflect the expected shortfall 
quantile of 97.5. The estimate was adjusted to meet the commodity 
liquidity horizon specified for internal models. The last step takes 
the average of the estimates across several commodity indices. The 
intra-bucket correlation was calibrated following the Basel 
Committees methodology of calculating long term correlations for the 
sensitivities-based method. Specifically, the index bucket intra-
bucket correlation was estimated for returns over the period 
starting in late 2000 to early 2024.
---------------------------------------------------------------------------

    Question 135: The agencies solicit comment related to the proposed 
bucket structure and risk weights for commodities. What, if any, other 
relationships should the agencies consider for highly correlated risks 
among different commodity types that are currently in different buckets 
and why? Please describe the historical correlations between such 
commodities,

[[Page 15048]]

and historical price shocks for purposes of assigning the appropriate 
risk weight.
    Question 136: The agencies solicit comment on the bucket for 
energy--carbon trading. To what extent is the proposed 60 percent risk 
weight reflective of the risk in carbon trading under stressed 
conditions?
V. Foreign Exchange Risk
    The proposal would require a banking organization to establish 
separate buckets for each exchange rate between the currency in which a 
market risk covered position is denominated and the reporting currency 
(or, as applicable, alternative base currency). To calculate the risk-
weighted delta sensitivity for foreign exchange risk, the proposal 
would require a banking organization to apply a 15 percent risk weight 
to each currency pair, with one exception. Similar to the proposed risk 
weights for interest rate risk, the proposal would allow a banking 
organization to divide the proposed 15 percent risk weight by the 
square root of two for certain liquid currency pairs specified under 
the proposal,\376\ as well as any additional currencies specified by 
the primary Federal supervisor. Given high trading activity and use of 
such liquid currency pairs relative to non-liquid pairs, the proposal 
incorporates the effect of a shorter liquidity horizon for liquid 
currency pairs and would allow a banking organization to appropriately 
reflect the lower foreign exchange risk posed by such liquid currency 
pairs.
---------------------------------------------------------------------------

    \376\ The proposal would allow a banking organization to apply a 
lower risk weight for any currency pair formed of the following 
currencies: USD, EUR, JPY, GBP, AUD, CAD, CHF, MXN, CNY, NZD, HKD, 
SGD, TRY, KRW, SEK, ZAR, INR, NOK, and BRL.
---------------------------------------------------------------------------

iv. Correlation Parameters
    To appropriately reflect the risk-mitigating benefits of hedges and 
diversification, the proposal would prescribe the correlation 
parameters \377\ that a banking organization would be required to use 
for each risk factor pair when calculating the aggregate bucket and 
risk class level capital requirements for delta, vega, and 
curvature.\378\ The proposed correlation parameters which closely 
follow those in the Basel standards are calibrated to capture market 
correlations observed over a long time horizon that included a period 
of stress based on empirical data.\379\ To determine the applicable 
correlation parameter for purposes of calculating the bucket or risk 
class level capital requirements, a banking organization would apply 
the same criteria used to define the risk factors within each risk 
class, as described in section V.A.7.a.i. of this SUPPLEMENTARY 
INFORMATION, with two exceptions.
---------------------------------------------------------------------------

    \377\ The correlation parameter measures how different risk 
factors (for example, interest rates at various points on a curve) 
move together and determines how banking organizations could 
diversify risk and offset risks with each other.
    \378\ As there is only one risk factor prescribed for foreign 
exchange risk, the proposal does not specify an intra-bucket 
correlation parameter.
    \379\ For example, the correlation parameters for vega, 
curvature, delta interest rate risk, and delta equity risk are 
identical to those in the Basel standards.
---------------------------------------------------------------------------

    First, in addition to the proposed risk factors for credit spread 
risk of non-securitizations, securitization positions non-CTP, and 
correlation trading positions,\380\ the proposal would require a 
banking organization to consider the name (in the case of non-
securitization positions and correlation trading positions) and tranche 
(in the case of securitization positions non-CTP) to determine the 
applicable correlation parameters for risk factors within the same 
bucket when calculating the aggregate bucket level capital requirements 
for delta and vega.
---------------------------------------------------------------------------

    \380\ As described in section V.A.7.a.i.II. of this 
SUPPLEMENTARY INFORMATION, the proposal would define the delta risk 
factors for credit spread risk along two dimensions: the credit 
spread curve of the reference entity and the tenor of the position.
---------------------------------------------------------------------------

    In the case of credit spread risk for securitization positions non-
CTP, the agencies generally are proposing to require a 100 percent 
intra-bucket correlation parameter for securitization positions in the 
same bucket and related to the same securitization tranche with more 
than 80 percent overlap in notional terms and a 40 percent intra-bucket 
correlation parameter otherwise. Furthermore, in the case of credit 
spread risk for non-securitization and correlation trading positions, 
the proposal would allow banking organizations to treat Uniform 
Mortgage-Backed Security (UMBS) positions, including to-be-announced 
(TBA) securities and UMBS-eligible deliverable pools,\381\ as exposures 
to a single obligor, regardless of the issuing entity of the UMBS. The 
single security initiative led by Fannie Mae and Freddie Mac has 
homogenized the mortgage pool and security characteristics for UMBS, 
such that positions issued by different obligors have immaterial 
observed basis risk.\382\ In addition, because mortgage pools delivered 
by either Fannie Mae or Freddie Mac can satisfy an UMBS TBA security, 
no significant pricing difference has been observed since the 
introduction of the single security initiative, as shown by empirical 
studies on agency mortgage-backed securities.\383\
---------------------------------------------------------------------------

    \381\ Chapter 8 of the Securities Industry and Financial Markets 
Association (SIFMA) Uniform Practices guidelines states that all 
UMBS and Supers, which are single class, pass-through, TBA-eligible 
securities, are good delivery for an UMBS TBA trade, regardless of 
issuer. See SIFMA, Chapter 8: Standard Requirements for Delivery on 
Settlements of UMBS and Ginnie Mae Securities, Uniform Practices 
(2024), https://www.sifma.org/wp-content/uploads/2023/02/uniform-practices-2023-chapter-8.pdf.
    \382\ See, e.g., Haoyang Liu, Zhaogang Song, and James Vickery, 
``Defragmenting Markets: Evidence from Agency MBS'' (December 2021), 
https://www.newyorkfed.org/research/staff_reports/sr965.html. The 
research paper finds that Fannie Mae mortgage-backed securities 
command a liquidity premium over Freddie Mac, of about 17 cents per 
$100 face value in price and about 4 basis points in yield. 
Furthermore, the difference in trading costs between Fannie Mae and 
Freddie Mac in the TBA market overall is extremely small, only 2 
basis points.
    \383\ See id.
---------------------------------------------------------------------------

    Second, for risk factors allocated to the ``other sector'' bucket 
within the credit spread and equity risk classes,\384\ the bucket level 
capital requirement would equal the sum of the absolute values of the 
risk-weighted sensitivities for both the delta capital requirement and 
the vega capital requirement (no correlation parameters would apply to 
such exposures). Additionally, the proposal would require a banking 
organization to assign a zero percent correlation parameter when 
aggregating the delta risk-weighted sensitivity of exposures within the 
``other sector'' bucket with those in any of the other bucket-level 
capital requirements for credit spread and equity risk.
---------------------------------------------------------------------------

    \384\ The other sector buckets refer to buckets 18 and 16 in 
Tables 3 and 5, respectively, as well as buckets 25 and 11 in Tables 
7 and 8, respectively, of Sec.  _.209 of the proposed rule.
---------------------------------------------------------------------------

    The agencies consider that the proposed correlation parameters are 
sufficiently conservative to appropriately capture the potential 
interactions between risk factors that the market risk covered 
positions may experience in a time of stress.
    Question 137: Related to securitization positions non-CTP, the 
agencies seek comments on requiring banking organizations to apply a 
100 percent delta correlation parameter for cases where the 
securitization positions are in the same bucket, are related to the 
same securitization tranche, and have more than 80 percent overlap in 
notional terms. What, if any, alternative criteria should the agencies 
consider for application of the 100 percent correlation parameter and 
why? For example, what are benefits and drawbacks of allowing a banking 
organization to apply a 100 percent delta correlation parameter if the 
securitization tranches can offset all or substantially all of the 
price risk of the

[[Page 15049]]

position? What challenges exist, if any, with respect to banking 
organizations' ability to implement such criteria? What quantitative 
measures can be used to implement these criteria? How would a market 
stress impact the basis risk between securitization tranches within the 
same buckets, and the ability to adequately hedge all or substantially 
all of the price risk using similar but unrelated securitized tranches?
    Question 138: The agencies request comment on the appropriateness 
of allowing banking organizations to apply a higher intra-bucket 
correlation parameter of 99.5 percent to 99.9 percent for energy--
carbon trading. What would be the benefits and drawbacks of such a 
higher correlation parameter relative to the correlation parameter of 
40 percent currently contained in the proposal?
    Question 139: The agencies request comment on requiring banking 
organizations to apply a 35 percent correlation parameter for Uniform 
Mortgage Backed Securities. What alternative correlation parameter 
should the agencies consider for Uniform Mortgage Backed Securities and 
why?
b. Residual Risk Capital Requirement
    It is not possible in a standardized methodology, such as the 
sensitivities-based method, to sufficiently specify all relevant 
distinctions between different market risks to capture appropriately 
existing and future financial products. Accordingly, the proposed 
residual risk add-on capital requirement (residual risk add-on) is 
intended to reflect risks that would not be fully reflected in the 
sensitivities-based capital requirement or the default risk capital 
requirement, as described in sections V.A.7.a. and V.A.9. of this 
SUPPLEMENTARY INFORMATION, respectively. Specifically, the residual 
risk add-on is intended to capture exotic risks, such as weather, 
longevity, and natural disasters, as well as other residual risks, such 
as gap risk, correlation risk, and behavioral risks such as 
prepayments.
    To calculate the residual risk add-on, the proposal would require a 
banking organization to risk weight the gross effective notional amount 
of a market risk covered position by 1 percent for market risk covered 
positions that have an exotic exposure \385\ and by 0.1 percent for 
other market risk covered positions with residual risks (described in 
the next section). The total residual risk add-on capital requirement 
would equal the sum of such capital requirements across subject market 
risk covered positions.
---------------------------------------------------------------------------

    \385\ Under the proposal, an exotic exposure means an underlying 
exposure that is not in scope of any of the risk classes under the 
sensitivities-based capital requirement or is not captured by the 
default risk capital requirement, which includes, but is not limited 
to, longevity risk, weather risk, and natural disaster risk.
---------------------------------------------------------------------------

i. Positions Subject to the Residual Risk Add-on
    The proposal would require a banking organization to calculate a 
residual risk add-on for market risk covered positions that have an 
exotic exposure, and those with known residual risks that are not 
captured by the sensitivities-based method or the default risk capital 
requirement. As the potential losses of market risk covered positions 
with exotic exposures (longevity risk, weather, natural disaster, among 
many) would not be adequately captured under the sensitivities-based 
method, the proposed residual risk add-on capital requirement would 
equal to 1 percent of the gross effective notional amount of the market 
risk covered position, which is intended as an appropriately 
conservative capital requirement for such exposures.
    In contrast, market risk covered positions with other residual 
risks would include those for which the primary risk factors are mostly 
captured under the sensitivities-based method or the default risk 
capital requirement, but for which there are additional risks that are 
not fully captured by those components. Specifically, under the 
proposal, market risk positions with other residual risks would 
include: (1) correlation trading positions with three or more 
underlying exposures that are not hedges of correlation trading 
positions; (2) options or positions with embedded optionality, where 
the payoffs could not be replicated by a finite linear combination of 
vanilla options or the underlying instrument; and (3) options or 
positions with embedded optionality that do not have a stated maturity 
or strike price or barrier, or that have multiple strike prices or 
barriers.\386\ As the residual risk add-on is intended as a supplement 
to the capital requirements under the sensitivities-based method or 
default risk capital requirement for these known risks, the residual 
risk add-on capital requirement for market risk covered positions with 
other residual risks would equal to 0.1 percent of the gross effective 
notional amount of the market risk covered position.
---------------------------------------------------------------------------

    \386\ As proposed, the criteria are intended to capture (1) 
correlation risks for basket options, best of options, basis 
options, Bermudan options, and quanto options; (2) gap risks for 
path dependent options, barrier options, Asian options and digital 
options; and (3) behavior risks that might arise from early exercise 
(call or put features, or pre-payment).
---------------------------------------------------------------------------

    Furthermore, in situations when a banking organization cannot use 
the look-through approach to calculate the market risk capital 
requirements for an equity position in investment fund and when the 
investment fund's mandate permits the fund to invest in exposures with 
exotic or other residual risks, the proposal would require a banking 
organization to subject that portion of the exposure amount resulting 
from an equity position in an investment fund to the residual risk add-
on.
    In addition to positions with exotic or other residual risks, a 
primary Federal supervisor may require a banking organization to 
subject other market risk covered positions to the residual risk add-
on, if the proposed framework would not otherwise appropriately capture 
the material risks of such positions. While the proposed definitions 
are intended to reasonably identify positions with risks not 
appropriately captured by other aspects of the proposed framework, 
there could be instances where a market risk covered position should be 
subject to the residual risk add-on in order to capture appropriately 
the associated market risk of the exposure in risk-based capital 
requirements. To allow the agencies to address such instances on a 
case-by-case basis, the proposal would allow the primary Federal 
supervisor to make such determinations, as appropriate.
ii. Excluded Positions
    To promote appropriate capitalization of risk, the proposal would 
allow certain market risk covered positions to be excluded from the 
calculation of the residual risk add-on if such positions meet the 
following set of exclusions. Specifically, the proposal would permit a 
banking organization to exclude market risk covered positions, other 
than those that have an exotic exposure, from the residual risk add-on, 
if the position is (1) listed on an exchange; (2) eligible to be 
cleared by a CCP or QCCP; or (3) an option that has two or fewer 
underlying positions and does not contain path dependent pay-offs. The 
proposed exclusions would permit a banking organization to exclude 
simple options, such as spread options, which have two underlying 
positions, but not those for which the payoffs cannot be replicated by 
a combination of traded instruments. As spread options would be subject 
to the vega and curvature requirements under the sensitivities-based 
method, subjecting spread options to the residual risk add-on would be 
incommensurate with the risks of such

[[Page 15050]]

positions and could increase inappropriately the cost of hedging 
without a corresponding reduction in risk. Additionally, as most agency 
mortgage-backed securities and certain convertible instruments (for 
example, callable bonds) are eligible to be cleared, the proposal would 
allow a banking organization to exclude these instruments that are 
eligible to be cleared from the residual risk add-on, despite the pre-
payment risk of such instruments.\387\
---------------------------------------------------------------------------

    \387\ As discussed in section V.A.7.a.ii.II. of this 
SUPPLEMENTARY INFORMATION, callable bonds that are priced as yield 
to maturity would not be subject vega risk, as the risk factors for 
such instruments would already be sufficiently captured by the delta 
capital requirement under the sensitivities-based method.
---------------------------------------------------------------------------

    The proposal would also allow a banking organization to exclude 
market risk covered positions, including those with exotic exposures, 
from the residual risk add-on if the banking organization has entered 
into a third-party transaction that exactly matches the market risk 
covered position (a back-to-back transaction). As the long position and 
short position of two identical trades would completely offset, 
excluding such transactions from the residual risk add-on would 
appropriately reflect the lack of residual risk inherent in such 
transactions.
    Furthermore, the proposal would allow a banking organization to 
exclude certain offsetting positions that may exhibit insignificant 
residual risks and for which the residual risk add-on would be overly 
punitive. Specifically, the proposal would allow a banking organization 
to exclude the following from the residual risk add-on: (1) positions 
that can be delivered into a derivative contract where the positions 
are held as hedges of the banking organization's obligation to fulfill 
the derivative contract (for example, TBA and security interests in 
associated mortgage pools) as well as the associated derivative 
exposure; (2) any debt issued or guaranteed by a GSE or any securities 
issued and guaranteed by the U.S. government; (3) positions subject to 
the fallback capital requirement; (4) internal transactions between two 
trading desks, if only one trading desk is model-eligible; and (5) any 
other types of positions that the primary Federal supervisor determines 
are not required to be subject to the residual risk add-on, as the 
material risks would be sufficiently captured under other aspects of 
the proposed market risk framework. Based on these criteria, the 
agencies expect that a banking organization would not need to calculate 
a residual risk add on for the following risks: risks from cheapest-to-
deliver options; volatility smile risk; correlation risk arising from 
multi-underlying European or American plain vanilla options; dividend 
risk; and index and multi-underlying options that are well-diversified 
or listed on exchanges for which sensitivities are captured by the 
capital requirement under the sensitivities-based method.
    Question 140: The agencies seek comment on all aspects of the 
proposed residual risk add-on. Specifically, the agencies request 
comment on whether there are alternative methods to identify more 
precisely exotic exposures and other residual risks for which the 
residual risk capital requirement is appropriate. What, if any, 
additional instruments and offsetting positions should be excluded from 
the residual risk add-on and why? What, if any, quantitative measures 
should the agencies consider to identify or distinguish residual risks 
and why?
    Question 141: Would characterizing volatility and variance swaps as 
bearing other residual risk more appropriately reflect the risks of 
such exposures and why?
8. Models-Based Non-Default Capital Requirement
    Under the proposal, the models-based non-default capital 
requirement for model-eligible positions (I M A G,A) \388\ would 
consist of four components: (1) the internally modelled capital 
calculation (IMCC); (2) the stressed expected shortfall (SES); (3) the 
aggregate trading portfolio backtesting capital multiplier; and (4) the 
PLA add-on.
---------------------------------------------------------------------------

    \388\ As described in section V.A.3.b. of this SUPPLEMENTARY 
INFORMATION, the total non-default capital requirement under the 
models-based measure generally would equal to the sum of (1) the 
models-based non-default capital requirement (IMAG,A) and (2) the 
difference between the standardized non-default capital requirement 
for all trading desks (SAall desks) and the standardized non-default 
capital requirement for model-eligible positions (SAG,A).
---------------------------------------------------------------------------

    Like the sensitivities-based method in the standardized non-default 
capital requirement, the first two components, IMCC and SES, are 
intended to capture the potential losses arising from changes in risk 
factors during a period of substantial market stress. The IMCC and SES 
would distinguish between risk factors for which there is appropriate 
data for the twelve-month historical stress period used by the model 
and a sufficient number of real prices in the current period to qualify 
as modellable risk factors and those for which there is not (non-
modellable risk factors or NMRFs).\389\ The proposal would generally 
require banking organizations to separately calculate the capital 
requirement for both types of risk factors using an expected shortfall 
methodology. Under the proposal, the capital requirement for both 
modellable and non-modellable risk factors would reflect the losses 
calibrated to a 97.5 percent threshold over a twelve-month period of 
substantial market stress and incorporate the prescribed liquidity 
horizons applicable to each risk factor.
---------------------------------------------------------------------------

    \389\ Non-modellable risk factors for which there is appropriate 
data for the twelve-month historical stress period used by the 
expected shortfall models, but insufficient real prices in the 
current period (type A non-modellable risk factors) would be subject 
to both IMCC and SES as described in section V.A.8.a. of this 
SUPPLEMENTARY INFORMATION.
---------------------------------------------------------------------------

    Relative to the IMCC for modellable risk factors, the SES 
calculation for non-modellable risk factors would provide significantly 
less recognition of hedging and portfolio diversification due to the 
lower quality inputs to the expected shortfall models; for example, 
limited data on the market prices observed or quoted during the twelve-
month historical stress period are available to estimate the 
correlations between non-modellable risk factors used by the expected 
shortfall model. These data limitations can increase the possibility 
that a banking organization's expected shortfall models overstate the 
diversification benefits or understate price volatility (and therefore, 
understate the magnitude of potential losses) of such non-modellable 
risk factors. Furthermore, the conservative treatment of non-modellable 
risk factors that do not meet the proposed data quality standards would 
provide appropriate incentives for banking organizations to enhance the 
quality of data inputs used in the expected shortfall models.
    Under the proposal, the overall capital required under the models-
based non-default capital requirement (IMAG,A) would equal the sum of 
the capital requirements for modellable and non-modellable risk factors 
and the PLA add-on to address shortcomings in the valuation models used 
to determine regulatory capital, if applicable. The capital 
requirements for modellable and non-modellable risk factors would equal 
the greater of (i) the sum of such capital requirements as of the most 
recent reporting date (IMCCt-1 and SESt-1, respectively), or (ii) the 
sum of the average of such capital requirements for non-modellable risk 
factors over the prior 60 business days (SESaverage) and the product of 
the average capital requirements for modellable risk factors over the 
prior 60 business days

[[Page 15051]]

(IMCCaverage) and a multiplication factor (mc) of at least 1.5, which 
serves to capture a model's performance over time based on the 
aggregate trading portfolio backtesting.\390\ The overall capital 
requirement under the models-based non-default capital requirement can 
be expressed by the following formula:
---------------------------------------------------------------------------

    \390\ The size of the multiplication factor could vary from 1.5 
to 2 based on the results of the entity-wide backtesting for all 
model-eligible positions. See section V.A.8.d. of this SUPPLEMENTARY 
INFORMATION for further discussion on the entity-wide backtesting 
for all model-eligible positions, otherwise known as the aggregate 
trading portfolio backtesting multiplier.

 IMAG,A = max ((IMCCG,A + SESt-1), ((mc x IMCCaverage) + SESaverage)) + 
---------------------------------------------------------------------------
PLA add-on

    Due to the capital multiplier (mc), the agencies generally expect 
the capital requirements for modellable and non-modellable risk factors 
to reflect those based on the prior 60 business day average, which 
would reduce quarterly variation. The proposal would require a banking 
organization to take into account the capital requirements as of the 
most recent reporting date to capture situations where the banking 
organization has significantly increased its risk taking relative to 
the prior 60-day average with the capital multiplier. Thus, the max 
function in the above formula would capture cases where risk has risen 
significantly throughout the quarter such that the average over the 
quarter is significantly less than the risk the banking organization 
faces at the end of the quarter.
    Question 142: The agencies seek comment on the models-based non-
default capital requirement. To what extent does the approach 
appropriately capture the risks of positions subject to the market risk 
capital requirement? What additional features, adjustments (such as to 
the treatment of diversification of risks), or alternative methodology 
could the approach include to reflect these risks more appropriately 
and why? Commenters are encouraged to provide supporting data.
a. Risk Factor Identification and Model Eligibility
    Under the proposal, a banking organization that intends to use the 
models-based non-default capital requirement would be required to 
identify an appropriate set of risk factors that is sufficiently 
representative of the risks inherent in all of the model-eligible 
positions on model-eligible trading desks. Specifically, the proposal 
would require a banking organization's expected shortfall models to 
include all the applicable risk factors specified in the sensitivities-
based method under the standardized non-default capital requirement as 
well as those used in either the banking organization's financial 
reporting or internal risk management models. If the risk factors 
specified in the sensitivities-based method are not included in the 
expected shortfall models, the banking organization would be required 
to justify the exclusions to the satisfaction of its primary Federal 
supervisor. To help ensure that the expected shortfall models 
appropriately capture the market risk of a banking organization's 
model-eligible positions held by model-eligible trading desks,\391\ 
model-eligible trading desks would be subject to PLA test \392\ and 
backtesting requirements, which would help ensure the accuracy and 
conservativism of the risk-based capital requirements estimated by the 
banking organization's expected shortfall models.
---------------------------------------------------------------------------

    \391\ For example, unlike the proposed standardized non-default 
capital requirement, which would require a banking organization to 
use a prescribed set of risk buckets and correlation parameters, as 
described in section V.A.7.a.iii. of this SUPPLEMENTARY INFORMATION, 
the models-based non-default capital requirement would allow a 
banking organization to use its own bucketing structure and 
correlation parameters.
    \392\ As described in section V.A.1.b. of this SUPPLEMENTARY 
INFORMATION, the proposal would provide a three-year transition 
period during which there would be no automatic consequences for PLA 
test results.
---------------------------------------------------------------------------

    For each identified risk factor, a banking organization would 
conduct two separate risk factor eligibility tests to determine whether 
the risk factor is subject to the IMCC, SES, or both. The first is a 
qualitative test, which determines whether the data and other 
information used to calibrate the expected shortfall models for IMCC 
appropriately capture the risk factor. The second is a quantitative 
test, which determines whether there are a sufficient number of real 
prices over the prior twelve months that are representative of the risk 
factor to infer the value of the risk factor.\393\ A risk factor that 
satisfies both tests would be classified as a modellable risk factor 
and would be subject to the IMCC, but not SES. Non-modellable risk 
factors would be classified as either type A or type B. Type A non-
modellable risk factors would be those that satisfy the qualitative 
test but not the quantitative test and would be subject to both IMCC 
and SES; all other risk factors would be type B non-modellable risk 
factors and would be subject to SES.
---------------------------------------------------------------------------

    \393\ Evidence of a sufficient number of real prices 
demonstrates the liquidity of the underlying risk factor and helps 
to ensure there is a sufficient quantity of historical data to 
appropriately capture the risk factor under expected shortfall 
models used in the IMCC calculation.
---------------------------------------------------------------------------

    The agencies recognize that requiring banking organizations to 
exclude all non-modellable risk factors from expected shortfall models 
used to calculate the IMCC could be operationally burdensome and can 
render the models-based non-default risk capital requirement relatively 
unstable given that some modelling approaches rely on co-dependencies 
between risk factors that are modellable and non-modellable. 
Accordingly, the proposal would require type A non-modellable risk 
factors to be included in the calculation of both the IMCC and SES. The 
inclusion of type A non-modellable risk factors in IMCC is intended to 
reflect the higher quality data available for such risk factors 
relative to type B non-modellable risk factors. The agencies also 
recognize that if type A non-modellable risk factors are not included 
in the calculation of the IMCC, it could create perverse incentives for 
banking organizations to claim a modellable risk factor that is highly 
correlated with other risk factors as a type A non-modellable risk 
factor to receive more favorable diversification treatment in the SES 
under the proposal. As such, requiring type A non-modellable risk 
factors to be included in the IMCC would help address regulatory 
arbitrage concerns by ensuring that capital requirements would not fall 
in response to a modellable risk factor becoming a type A non-
modellable risk factor.
    The agencies recognize, however, that type A non-modellable risk 
factors may have inherently higher risk than typical modellable risk 
factors due to infrequent price observations that can lead to model 
risk and a more elevated liquidity risk. Therefore, the proposal would 
also require type A non-modellable risk factors to be included in SES 
to account for any additional risks that might not be fully captured 
within the IMCC calculation. Given that the IMCC calculation captures 
model-estimated correlations among risk factors, type A non-modellable 
risk factors would therefore receive full diversification (zero 
correlation) within the SES calculation. The remaining type B non-
modellable risk factors would be subject to a more conservative 
treatment with a supervisory correlation, or rho, of 0.36.
    To capture the inherently higher risk associated with type A non-
modellable risk factors in the models-based non-default capital 
requirement, the agencies also considered an alternative approach that 
would only require banking organizations to capture type A non-
modellable risk factors in IMCC but not

[[Page 15052]]

in the SES. The alternative approach would instead require banking 
organizations to assign minimum liquidity horizons to type A non-
modellable risk factors that are one-level higher than those required 
for modellable risk factors in the IMCC calculation, as described in 
section V.A.8.b.ii. of this SUPPLEMENTARY INFORMATION, unless the 
position's maturity is shorter than the respective liquidity 
horizon.\394\ As the proposed IMCC calculation limits model-estimated 
diversification across risk classes, assigning higher minimum liquidity 
horizons to type A non-modellable risk factors could appropriately 
capture the inherently higher model and liquidity risk of such risk 
factors.
---------------------------------------------------------------------------

    \394\ For example, for an investment grade corporate bond, the 
banking organization would be required to assign a liquidity horizon 
of sixty days rather than forty days, if the associated credit 
spread risk factor was a type A non-modellable risk factor.
---------------------------------------------------------------------------

    The agencies recognize that implementing this alternative approach 
could increase the operational burden associated with the proposal. 
This alternative may also increase variability in the market risk 
capital requirements across banking organizations, if banking 
organizations are also allowed to increase the minimum liquidity 
horizon assigned to modellable risk factors to align with the higher 
minimum liquidity horizon assigned to type A non-modellable risk 
factors, as under the current proposal. Accordingly, to capture the 
elevated model and liquidity risk of type A non-modellable risk factors 
in a consistent manner across banking organizations without imposing 
undue operational burden, the proposal would require banking 
organizations to include type A non-modellable risk factors in both 
IMCC and SES.
    Question 143: The agencies request comment on the appropriateness 
of the proposed requirements for the risk factors included in the 
models-based non-default capital requirement. What, if any, alternative 
requirements should the agencies consider, such as requiring risk 
factor coverage to align with the financial reporting models, and why? 
Specifically, please describe any operational challenges and impact on 
banking organizations' minimum capital requirements that requiring the 
expected shortfall model to align with the financial reporting models 
would create relative to the proposal.
    Question 144: The agencies seek comment on whether it is 
appropriate to include type A non-modellable risk factors within IMCC 
and SES calculations. What, if any, adjustments (such as permitting 
banking organizations to treat type A non-modellable risk factors as 
type B non-modellable risk factors) should the agencies consider to 
more appropriately reflect type A non-modellable risk factors within 
the models-based non-default capital requirement and why? Commenters 
are encouraged to provide supporting data.
    Question 145: The agencies seek comment on whether the alternative 
approach described above would more appropriately capture the 
inherently higher model and liquidity risk associated with a type A 
non-modellable risk factors due to infrequent price observations. What 
would be advantages and disadvantages of requiring a higher minimum 
liquidity horizon for type A non-modellable risk factors to capture 
their risks within IMCC? How would banking organizations implement and 
ensure consistency in the appropriate treatment of these risk factors 
when there is already flexibility to scale up liquidity horizons above 
the minimum requirement for both modellable risk factors and non-
modellable risk factors? What would be the impact on capital 
requirements of capturing type A non-modellable risk factors with a 
higher minimum liquidity horizon only within the IMCC calculation? 
What, if any, other alternative approaches should the agencies consider 
to more appropriately capture the risks of type A non-modellable risk 
factors (for example, applying capital multiplier (mc) adjustment to 
the 60-day average IMCC when it incorporates type A non-modellable risk 
factors), and why? In such cases, what would be the appropriate higher 
capital multiplier for the IMCC? What are the advantages and 
disadvantages of using a higher capital multiplier (mc) adjustment to 
the 60-day average IMCC as shown in the example table below in place of 
the higher minimum liquidity horizon?
[GRAPHIC] [TIFF OMITTED] TP27MR26.078

a. Qualitative Test
    To help ensure the appropriateness of the data and other 
information used to calibrate the expected shortfall models for the 
IMCC, the proposal would establish data quality requirements for risk 
factors to be eligible for inclusion within the IMCC. A risk factor 
that fails to meet any of the following six proposed data quality 
requirements would be a type B non-modellable risk factor, excluded 
from the calculation of

[[Page 15053]]

IMCC and subject to the more conservative treatment within the SES 
calculation.
    First, the proposal would require the data used in the expected 
shortfall models to calculate the IMCC to capture both the systematic 
risk and idiosyncratic risk, as applicable, of a risk factor, so that 
the IMCC appropriately reflects the potential losses arising from the 
risk factor.
    Second, the proposal would require the data used to calculate the 
expected shortfall-based measure to reflect the volatility and 
correlation of risk factors of model-eligible positions. Different data 
sources can provide dramatically different volatility and correlation 
estimates for asset prices. When selecting the data sources to be used 
in calculating the IMCC, a banking organization should assess the 
quality and relevance of the data to ensure it would be appropriately 
representative of real prices, not understate price volatility, and 
accurately reflect the correlation of asset prices, rates across yield 
curves, and volatilities within volatility surfaces.
    Third, the proposal would generally require that the data used to 
calculate the expected shortfall-based measure reflect prices observed 
or quoted in the market. For any data not derived from real prices, the 
banking organization must be able to demonstrate that such data are 
reasonably representative of real prices. A banking organization should 
periodically reconcile the price data used to calibrate its expected 
shortfall models for the IMCC with that used by its financial reporting 
\395\ and internal risk management models, to confirm the validity of 
the price data used to calculate the IMCC.
---------------------------------------------------------------------------

    \395\ As described in section V.A.6.d. of this SUPPLEMENTARY 
INFORMATION, the term ``financial reporting models'' used throughout 
this section is intended to refer to the models a banking 
organization uses to report actual profits and losses for financial 
reporting purposes.
---------------------------------------------------------------------------

    Fourth, the proposal would require a banking organization to update 
the data at a sufficient frequency to accurately reflect the 
performance of the risk factor, at a minimum on a weekly basis. While 
generally banking organizations should strive to update the data inputs 
as frequently as possible, the proposal would only require banking 
organizations to update the data on a weekly basis, as requiring large 
data sets to be updated more frequently may pose significant 
operational challenges.\396\ The proposal would also require a banking 
organization that uses regressions to estimate risk factor parameters 
to re-estimate the parameters on a regular basis. In addition, the 
agencies would expect a banking organization to calibrate its expected 
shortfall models to current market prices at a sufficient frequency to 
accurately reflect the performance of the risk factor, ideally no less 
frequently than the calibration of financial reporting models. The 
proposal would also require a banking organization to have clear 
policies and procedures for updating the sources of data used as well 
as for backfilling and gap-filling missing data.
---------------------------------------------------------------------------

    \396\ For example, a banking organization that relies on a 
third-party provider may not be able to receive updated data on a 
real time or daily basis.
---------------------------------------------------------------------------

    Fifth, in determining the liquidity horizon-adjusted expected 
shortfall-based measure within IMCC, a banking organization that uses a 
reduced set of risk factors to calculate the expected shortfall-based 
measure \397\ would be required to use data that are reflective of 
market prices observed or quoted in the twelve-month historical stress 
period used by the expected shortfall model.\398\ Under the proposal, 
banking organizations should source the data directly from the 
historical stress period, whenever possible. There may be cases where 
the characteristics of positions currently being traded in the market 
differ from those traded during the historical stress period used by 
the expected shortfall model. The proposal would require a banking 
organization to empirically justify any instance where the market 
prices used for the historical stress period in the expected shortfall 
calculation differ from the market prices actually observed for that 
period. For model-eligible positions that did not exist during the 
historical stress period, the proposal would require banking 
organizations to demonstrate that the prices used match changes in the 
prices or spreads of similar instruments traded during that period.
---------------------------------------------------------------------------

    \397\ As discussed in section V.A.8.b.i. of this SUPPLEMENTARY 
INFORMATION, a banking organization may elect to either use (1) the 
full set of risk factors employed by its internal risk management 
models and directly calculate the daily expected shortfall measure 
under the selected twelve-month historical stress period or (2) an 
appropriate subset of risk factors to estimate the potential losses 
that would be incurred throughout the selected stress period, which 
would require the banking organization to estimate a daily expected 
shortfall measure for both the current and stress period.
    \398\ As described in more detail in section V.A.8.b.iii. of 
this SUPPLEMENTARY INFORMATION, for purposes of calculating the IMCC 
daily expected shortall measures, the proposal would require a 
banking organization to use the twelve-month historical stress 
period in which its model-eligible positions on model-eligible 
trading desks would experience the largest loss.
---------------------------------------------------------------------------

    Sixth, the proposal would allow the data for risk factors to 
include proxies if the banking organization is able to demonstrate the 
appropriateness of such proxies to the satisfaction of the primary 
Federal supervisor. At a minimum, a banking organization would be 
required to have sufficient evidence demonstrating the appropriateness 
of the proxies, such as an appropriate track record for their 
representation of model-eligible positions. Additionally, any proxies 
used would be required to (1) exhibit sufficiently similar 
characteristics to the transactions they represent in terms of 
volatility level and correlations, and (2) be appropriate for the 
region, credit spread cohort, quality, and type of instrument they are 
intended to represent.
    Even if a risk factor satisfies each of the six proposed data 
quality requirements, a banking organization's primary Federal 
supervisor may determine the data inputs to be unsuitable for use in 
calculating the IMCC (for example, where the data inputs reflect 
variation that is less than the bid-ask spread for a product). Any risk 
factor that does not satisfy the proposed data quality requirements 
would be a type B non-modellable risk factor, which the banking 
organization would be required to exclude from the IMCC calculation and 
include in the more conservative SES calculation.
    Question 146: The agencies request comment on the appropriateness 
of the proposed data quality requirements for risk factors. What, if 
any, challenges might the proposed requirements pose for banking 
organizations? What, if any, additional requirements should the 
agencies consider to help ensure the data used to calculate the IMCC 
appropriately capture the potential losses arising from modellable and 
type A non-modellable risk factors?
    Question 147: The agencies request comment on the appropriateness 
of requiring banking organizations to re-estimate parameters in line 
with the frequency specified in their policies and procedures. What, if 
any, challenges might this pose for banking organizations?
ii. Quantitative Test
    For risk factors that pass the qualitative test, the banking 
organization would then need to determine whether there are a 
sufficient number of real prices in the prior twelve months 
(quantitative test) for the risk factor to qualify as a modellable risk 
factor. The quantitative test would require a banking organization to 
establish buckets for each relevant risk factor or set of risk factors, 
and assign real prices to the relevant bucket(s). If the number of real 
prices allocated to the bucket equals or exceeds the

[[Page 15054]]

minimum number required under the proposal, the risk factor would 
qualify as a modellable risk factor.
I. Real Price
    To perform the quantitative test, the proposal would first require 
a banking organization to map real prices observed over the prior 
twelve months to each of the risk factors that affect the value of the 
model-eligible positions. For example, as the price of a typical 
corporate bond fluctuates primarily due to changes in interest rates 
and issuer credit spreads, a banking organization could map the price 
of a corporate bond to a credit spread risk factor and an interest rate 
risk factor. The proposal would define a real price as (1) a price at 
which the banking organization has executed a transaction, (2) a price 
provided by an exchange, a qualifying central counterparty, a sovereign 
entity, a specified supranational entity, or a multilateral development 
bank, (3) a verifiable price for an actual transaction between third 
parties transacting at arm's length or obtained from a bona fide 
competitive bid or offer made by the banking organization itself or 
another party transacting at arm's length, subject to certain 
conditions discussed below.
    The agencies recognize that a banking organization may need to 
obtain pricing information from third parties to demonstrate the market 
liquidity of the underlying risk factors, and this may pose unique 
challenges for validation and other model risk management activities. 
Therefore, the proposed definition of a real price would generally 
limit recognition of prices obtained from third-party providers to only 
those for which (1) the transaction, bid, or offer has been processed 
through a third-party provider, or (2) the third-party provider agrees 
to provide evidence of the transaction, bid, or offer to the banking 
organization upon request.\399\
---------------------------------------------------------------------------

    \399\ The additional requirements for prices or other 
information obtained from third parties to qualify as a real price 
would not apply to prices (1) obtained from an exchange or a 
qualifying central counterparty, or (2) provided by an exchange, a 
qualifying central counterparty, a sovereign entity, a specified 
supranational entity or a multilateral development bank. As such 
entities are subject to extensive regulation and oversight 
(including requirements regarding maintaining accurate data), the 
proposed requirements are unnecessary to assess the validity of the 
prices or other information obtained from such third-parties.
---------------------------------------------------------------------------

    In certain cases, obtaining information on the prices of individual 
transactions from third parties may raise legal concerns for a banking 
organization, a third-party provider, or both.\400\ Therefore, the 
proposal would allow a banking organization to consider information 
obtained from a third party on the number of corresponding real prices 
observed and the dates at which they have been observed in determining 
whether a risk factor satisfies the quantitative test, if the banking 
organization is able to appropriately map this information to the risk 
factors relevant to the model-eligible positions. For a banking 
organization to be able to use such information for determining the 
model eligibility of a risk factor, the proposal would require that 
either the third-party provider's internal audit function or another 
external party audit the validity of the third-party provider's pricing 
information. Additionally, the proposal would require that the results 
and reports of the audit either be made public or available upon 
request to the banking organization.\401\
---------------------------------------------------------------------------

    \400\ Banking organizations must ensure that exchanges of price 
information among competitors or with third parties are not likely 
to include acts or omissions that could result in a violation of 
antitrust laws, including the Sherman Act, 15 U.S.C. 1 et seq., and 
the Federal Trade Commission Act, 15 U.S.C. 41 et seq.
    \401\ If the audit on the third-party provider is not 
satisfactory to a banking organization's primary Federal supervisor 
(for example, the auditor does not meet the independence or 
expertise standards of U.S. securities exchanges), the supervisor 
may determine that data from the third-party provider may not be 
used for purposes of the quantitative test.
---------------------------------------------------------------------------

    The additional requirements described above for prices or other 
information obtained from third parties to qualify as a real price for 
purposes of the quantitative test would allow banking organizations to 
appropriately demonstrate the market liquidity of a risk factor, while 
also ensuring there is sufficient documentation for the banking 
organization and the primary Federal supervisor to assess the validity 
of the prices or other information obtained from a third party.
    Question 148: What, if any, other information should the agencies 
consider in defining a real price that would better demonstrate the 
market liquidity for risk factors, such as valuations of individual 
derivative contracts for the purpose of exchanging variation margin? 
What, if any, conditions or limitations should the agencies consider 
applying to help ensure the validity of such information, such as only 
allowing information related to individual derivative transactions to 
qualify as a real price and not information provided on a pooled basis 
or subject to a loss threshold or minimum transfer requirement for 
exchanging variation margins?
II. Bucketing Approach
    Under the proposal, a banking organization would be required to (1) 
establish buckets for each relevant risk factor or set of risk factors, 
and (2) assign real prices to each relevant bucket to determine whether 
each bucket has the minimum number of real price observations to 
satisfy the quantitative test. A banking organization could choose to 
apply either its own bucketing approach or the standard bucketing 
approach. As the choice of approach is at the risk factor level, the 
proposal would allow a banking organization to adopt its own bucketing 
approach for some risk factors and the standard bucketing approach for 
others. The number of buckets should be driven by the banking 
organization's trading strategies. For example, a banking organization 
with a complex portfolio across many points on the yield curve could 
elect to define more granular buckets for interest rate risk, such as 
separate 3-month and 6-month buckets, than those prescribed under the 
standard bucketing approach, which puts all maturities of less than 9 
months in one bucket. Conversely, a banking organization with less 
complex products could elect to use the less granular standard 
bucketing approach.
    Table 1 to Sec.  _.214 of the proposal provides the proposed 
buckets a banking organization would be required to use to group real 
prices under the standard bucketing approach. The proposal would define 
the buckets under the standard bucketing approach based on the type of 
risk factor, the maturity of the instruments used for the real prices, 
and the probability that an option has value (is ``in the money'') at 
the maturity of the instrument.\402\ The proposed buckets are intended 
to balance between the granularity of the risk factors allocated to 
each standardized bucket and the compliance burden of tracking and 
mapping the allocation of real prices to more granular buckets, 
especially as market conditions change. Too frequent re-allocation of 
real prices may lead to artificial and unwarranted regulatory capital 
requirement volatility.
---------------------------------------------------------------------------

    \402\ Whether an option has value (is ``in the money'') at the 
maturity of the instrument depends on the relationship between the 
strike price of the option and the market price for the underlying 
instrument (the spot price). A call option has value at maturity if 
the strike price is below the spot price. A put option has value at 
maturity if the strike price is above the spot price.
---------------------------------------------------------------------------

    When using its own bucketing approach, a banking organization would 
be able to define more granular buckets than those prescribed under the 
standard bucketing approach. While the

[[Page 15055]]

use of more granular buckets could facilitate a model-eligible trading 
desk's ability to pass the proposed PLA test, it would also render the 
quantitative test more challenging as the banking organization would 
need to source a sufficient number of real prices for each additional 
bucket. Therefore, the proposal would provide a banking organization 
the flexibility to define its own bucketing structures and would place 
an additional operational burden on the banking organization to 
demonstrate the appropriateness of using a more granular bucketing 
structure.
    As positions mature, a banking organization could continue to 
allocate real prices identified within the prior twelve months to the 
bucket that the banking organization initially used to reflect the 
maturity of such positions. Alternatively, the banking organization 
could re-allocate the real prices for maturing positions to the 
adjacent (shorter) maturity bucket. To avoid overstating the market 
liquidity of a risk factor, the proposal would allow the banking 
organization to count a real price observation only once, either in the 
initial bucket or the adjacent bucket to which it was re-allocated, but 
not in both.
    To enable banking organizations' expected shortfall models to 
capture market-wide movements for a given economy, region, or sector, 
the proposal would allow, but not require, a banking organization to 
decompose risks associated with credit or equity indices into 
systematic risk factors \403\ within its expected shortfall 
models.\404\ The proposal would allow a banking organization, where 
possible, to consider real prices of market indices (for example, 
CDX.NA.IG and S&P 500 Index) and instruments of individual issuers as 
representative for a systematic risk factor as long as they share the 
same attributes (for example, economy, region, sector, and rating) as 
the systematic risk factor. The proposed treatment would allow banking 
organizations to align the treatment of real prices for market indices 
with those for single-name positions and, thus, provide greater hedging 
recognition.
---------------------------------------------------------------------------

    \403\ The proposal would define systematic risk factors as 
categories of risk factors that present systematic risk, such as 
economy, region, and sector. Systematic risk would be defined as the 
risk of loss that could arise from changes in risk factors that 
represent broad market movements and that are not specific to an 
issue or issuer.
    \404\ As banking organizations may not always be able to model 
each constituent of the index, the proposal would not require 
banking organizations to always decompose credit spread and equity 
risk factors.
---------------------------------------------------------------------------

    To determine whether each bucket has the minimum number of real 
prices required to satisfy the quantitative test, the proposal would 
require a banking organization to allocate each real price to any 
bucket for which the price is representative of the risk factor(s) 
within the bucket and to count all real prices mapped to a bucket. As 
real price may often be used to infer values for multiple risk factors, 
requiring banking organizations to assign real prices to all of the 
buckets for which it is representative would more accurately capture 
the market liquidity for the relevant risk factors.
    Question 149: What, if any, modifications to the proposed bucketing 
structure should the agencies consider to better reflect the risk 
factors used to price certain classes of products. What would be the 
benefits or drawbacks of such alternatives compared to the proposed 
bucketing structure?
III. Minimum Number of Real Price Observations
    For a risk factor to pass the quantitative test, the proposal would 
require a banking organization on a quarterly basis to identify a 
minimum number of real prices for the bucket corresponding to the 
relevant risk factor(s). Specifically, the proposal would require the 
banking organization to identify in the previous twelve-month period at 
least 24 real prices for the most liquid risk factors (those with a 
liquidity horizon of 20 days or less, as described in section 
V.A.8.b.ii. of this SUPPLEMENTARY INFORMATION) and at least 16 real 
prices for all other risk factors.
    The proposed criteria are intended to help ensure real prices 
capture products that exhibit a minimum level of trading activity 
throughout the year. Aligning the minimum number of real prices 
required to pass the quantitative test with the liquidity horizon 
assigned to the risk factor in the IMCC calculation is intended to 
enhance the risk sensitivity of the models-based non-default capital 
requirement. The longer liquidity horizons assigned to less liquid risk 
factors within the IMCC calculation should appropriately capture the 
illiquidity of such risk factors. As such, the proposal would require a 
banking organization to identify fewer real prices for less liquid risk 
factors to pass the quantitative test and qualify as modellable risk 
factors.
    For risk factors associated with new issuances, the proposal would 
allow a banking organization to consider the observation period for 
purposes of the quantitative test to begin on the issuance date and 
pro-rate the minimum number of real prices required to pass the 
quantitative test until twelve months after the issuance date. For 
example, for a bond that was issued six months prior, the proposal 
would require at least 8 real prices for the bucket relating to for the 
issuer credit spread risk, prorated from the 16 real price annual 
requirement.
    For any model-eligible position, the banking organization could not 
count more than one real price in any single day and would be required 
to count the real price for all of the buckets for which it is 
representative. The agencies recognize that the banking organization 
may use a combination of internal and external data for the 
quantitative test. When a banking organization relies on external data, 
the real prices may be provided with a time lag. Therefore, the 
proposal would allow the banking organization to use a different time 
period for purposes of the quantitative test than that used to 
calibrate the expected shortfall model, if such difference is not 
greater than one month. Together, these requirements are intended to 
help ensure that real prices capture more accurately the market 
liquidity for the relevant risk factors and prevent outdated prices 
from being used as model inputs.\405\
---------------------------------------------------------------------------

    \405\ For example, if several transactions occur on day one, 
followed by a long period for which there are no real price 
observations, the proposal would prevent a banking organization from 
using the outdated day-one prices to estimate the fair value of its 
current model-eligible positions on model-eligible trading desks.
---------------------------------------------------------------------------

    If a bucket contains a sufficient number of real prices to pass the 
quantitative test, the risk factor(s) within that bucket would qualify 
as a modellable risk factor. Risk factors that pass both the 
quantitative and qualitative tests would be deemed modellable and 
included in the IMCC, but not the SES.
    Question 150: What, if any, restrictions on the minimum observation 
period for new issuances should the agencies consider and why?
    Question 151: What, if any, operational challenges could the 
proposed quantitative test pose? What, if any, changes should the 
agencies consider making to the quantitative test, such as excluding 
risk factors from the quarterly real price observation requirement if 
the banking organization can demonstrate the substantial market depth 
and liquidity of such risk factors over time? What criteria (such as 
exchange listing criteria for the New York Stock Exchange) should the 
agencies consider to appropriately differentiate between risk factors 
with liquid and deep markets that should be

[[Page 15056]]

subject to the qualitative test only once versus those that should be 
subject on a quarterly basis, and why?
    Question 152: The agencies seek comment on the framework of 
identifying a minimum number of real prices for the bucket 
corresponding to the relevant risk factor(s) in order to pass the 
quantitative test. Specifically, the agencies seek comment on adjusting 
the real price observations based on liquidity horizons for risk factor 
category. For example, for investment grade corporate positions (the 
credit spread risk category) with a liquidity horizon of 40 days, a 
banking organization would be required to have at least 8 real price 
observations for the risk factor in the last 12 months to be able to 
pass the quantitative test. What would the advantages and disadvantages 
of this approach and why?
b. Internally Modelled Capital Calculation (IMCC)
    The IMCC is intended to capture the estimated losses for model-
eligible positions arising from changes in modellable and type A non-
modellable risk factors over a twelve-month historical period of 
substantial market stress. As described in this section, the IMCC would 
begin with the calculation of a daily expected shortfall-based measure 
over a twelve-month historical stress period on both an entity-wide 
level for each risk class and on an entity-wide level across risk 
classes for all model-eligible positions, each of which then would be 
adjusted using risk-factor specific liquidity horizons.\406\
---------------------------------------------------------------------------

    \406\ As discussed in section V.A.8.b.i. of this SUPPLEMENTARY 
INFORMATION, if a banking organization elects to use a subset of 
modellable risk factors to estimate the potential losses that would 
be incurred throughout the selected stress period, the proposal 
would require the banking organization to estimate a daily expected 
shortfall measure for the current period as well as the historical 
stress period.
---------------------------------------------------------------------------

    While the proposal would allow a banking organization's expected 
shortfall models to use any generally accepted modelling approach (for 
example, variance-covariance models, historical simulations,\407\ or 
Monte Carlo simulations) to calculate the expected shortfall-based 
measure, the proposal would require the models to satisfy the proposed 
backtesting and PLA testing requirements on an on-going basis to help 
ensure that the models are functioning effectively over time as 
conditions and model applications change.\408\
---------------------------------------------------------------------------

    \407\ The proposal would allow a banking organization to use 
filtered historical simulation, as the approach generally reflects 
current volatility and would maintain equal weighting of the 
observations by rescaling all of the observations.
    \408\ See sections V.A.8.e. and V.A.8.f. of this SUPPLEMENTARY 
INFORMATION for further discussion on the proposed desk-level PLA 
testing and backtesting requirements, respectively.
---------------------------------------------------------------------------

    Additionally, the proposal would require a banking organization's 
expected shortfall models to appropriately capture the risks associated 
with options, including non-linear price characteristics, within each 
of the risk classes, as well as correlation and relevant basis risks, 
such as basis risks between credit default swaps and bonds. For 
options, at a minimum, the proposal would require a banking 
organization's expected shortfall models to have a set of risk factors 
that capture the volatilities of the underlying rates and prices and 
model the volatility surface across both strike price and maturity, 
which are necessary inputs for appropriately valuing the options.
i. Expected Shortfall-Based Measure
    To reflect the potential losses arising from the risk factors 
throughout an appropriately severe, historical twelve-month period of 
stress (as described in section V.A.8.b.iii. of this SUPPLEMENTARY 
INFORMATION), the proposal would require a banking organization to use 
one or more expected shortfall models to calculate on each business day 
an expected shortfall-based measure using a one-tail, 97.5th percentile 
confidence interval at the entity-wide level for each risk class and 
across all risk classes for all model-eligible positions.\409\
---------------------------------------------------------------------------

    \409\ The proposal would also require banking organizations to 
calculate a daily expected shortfall-based measure at the trading 
desk level for the purposes of backtesting to calculate the PLA add-
on. See section V.A.8.f. of this SUPPLEMENTARY INFORMATION for 
further discussion.
---------------------------------------------------------------------------

    To calculate the daily expected shortfall-based measure, a banking 
organization would apply a base liquidity horizon of 10 days (the 
shortest liquidity horizon applicable to any risk factor category) to 
either the full set of risk factors for its model-eligible positions or 
an appropriate subset of risk factors throughout the twelve-month 
historical stress period (base expected shortfall). Requiring a banking 
organization to directly estimate the potential change in value of each 
of its model-eligible positions arising from the full set of risk 
factors throughout the twelve-month historical stress period may pose 
significant operational challenges. For example, a banking organization 
may not be able to source sufficient data for all risk factors during 
the identified twelve-month historical stress period. Thus, the 
proposal would allow a banking organization to use either the full set 
of risk factors employed by the expected shortfall models (direct 
approach) or an appropriate subset (indirect approach) to estimate the 
losses that would be incurred throughout the twelve-month historical 
stress period.\410\
---------------------------------------------------------------------------

    \410\ In calculating the IMCC, a banking organization could use 
other data than that used to demonstrate the market liquidity of a 
risk factor for purposes of the quantitative test, provided that 
such data satisfy the qualitative test. Alternative sources may 
provide updated data more frequently than would otherwise be 
available from those used to obtain real prices. For example, 
banking organizations may be able to obtain updated data more 
frequently from internal systems than from third-party providers. 
Additionally, in certain cases, a banking organization may not be 
able to use the real prices to calculate the IMCC. For example, a 
banking organization may receive data from a third-party provider on 
the dates and number of real prices, as described in section 
V.A.8.a.ii.I. of this SUPPLEMENTARY INFORMATION. While such data 
demonstrates the liquidity of a risk factor for purposes of the 
quantitative test, without the transaction prices, such real prices 
would not provide any value to calibrate potential losses for a 
particular risk factor.
---------------------------------------------------------------------------

    Under the direct approach, the banking organization would directly 
calculate the daily expected shortfall measure at the entity-wide level 
for each risk class and across all risk classes for all model-eligible 
positions throughout the twelve-month historical stress period and then 
apply the liquidity horizon adjustments discussed in the following 
section.
    Under the indirect approach, a banking organization would use a 
reduced set of risk factors in IMCC to estimate the losses that would 
be incurred throughout the twelve-month historical stress period for 
the full set of risk factors. The proposal would require a banking 
organization using the indirect approach to calculate three separate 
daily expected shortfall measures at the entity-wide level for each 
risk class and at the entity-wide level across risk classes: one using 
a reduced set of risk factors for the twelve-month historical stress 
period, one using the same reduced set of risk factors for the current 
period, and one using the full set of risk factors for the current 
period. Similar to the direct approach, the proposal would require the 
banking organization to apply the liquidity horizon adjustments 
discussed in the following section to each of the three expected 
shortfall measures to approximate the entity-wide liquidity horizon-
adjusted expected shortfall-based measures for the full set of risk 
factors in stress.
    Specifically, the proposal would require banking organizations that 
use the indirect approach to multiply the liquidity horizon-adjusted 
expected shortfall-based measure for the

[[Page 15057]]

historical stress period based on the reduced set of risk factors 
(ESR,S) by the ratio of the liquidity horizon-adjusted expected 
shortfall-based measure in the current period based on the full set of 
risk factors (ESF,C) to the liquidity horizon-adjusted expected 
shortfall-based measure using the reduced set of risk factors based on 
the most recent twelve-month period (ESR,C), as provided according to 
the following formula under Sec.  __.215(b)(6)(ii)(B) of the proposed 
rule:
[GRAPHIC] [TIFF OMITTED] TP27MR26.079

    The proposal would floor this ratio at one to prevent a reduction 
in capital requirements due to using the reduced set of risk factors.
    Additionally, the proposal would require the entity-wide liquidity 
horizon-adjusted expected shortfall-based measure for the current 
period based on the reduced set of risk factors (ESR,C) to explain at 
least 75 percent of the variability of the losses estimated by the 
liquidity horizon-adjusted expected shortfall-based measure in the 
current period for the full set of risk factors (ESF,C) over the 
preceding 60 business days. Under the proposal, compliance with the 75 
percent variation requirement would be determined based on an out-of-
sample R\2\ measure, as defined according to the following formula 
under Sec.  __.215(b)(5)(ii)(C) of the proposed rule:
[GRAPHIC] [TIFF OMITTED] TP27MR26.080

Where:

ESF,C,h is the liquidity horizon-adjusted ES-based measure based on 
the most recent 12-month observation period (the current ES-based 
measure) using the full set of risk factors calculated at date h, 
which ranges from one day prior to date t to 60 days prior to date 
t;
ESR,C,h is the current liquidity horizon-adjusted ES-based measure 
using the reduced set of risk factors calculated at date h, which 
ranges from one day prior to date t to 60 days prior to date t; and
Mean(ESF,C) is the mean of ESF,C over the previous 60 business days.

    This formula is intended to help ensure that the potential losses 
estimated under the indirect approach appropriately reflect those that 
would be produced by the full set of modellable risk factors, if the 
historical stress were to occur in the current period.
    Furthermore, to help ensure the accuracy of this comparison, the 
proposal would require a banking organization that uses the indirect 
approach to update the reduced set of risk factors whenever it updates 
its twelve-month historical stress period, as described in section 
V.A.8.b.iii. of this SUPPLEMENTARY INFORMATION. The proposal would also 
require the reduced set of risk factors used to calculate the liquidity 
horizon-adjusted expected shortfall-based measure for the twelve-month 
historical stress period in IMCC to have a sufficiently long history of 
observations that satisfies criteria five within the qualitative risk 
factor eligibility test, as described in section V.A.8.a.i. of this 
SUPPLEMENTARY INFORMATION. In this manner, the proposal would hold the 
inputs used for the indirect approach to the same data quality 
standards requirements as those for inputs used in the direct approach.
    Question 153: The agencies request comment on the appropriateness 
of requiring the election of either the direct or the indirect approach 
to be made at the entity-wide level for all risk factors of model-
eligible positions on model-eligible trading desks. What, if any, 
alternatives should the agencies consider that would enable banking 
organizations' expected shortfall models to more accurately measure 
potential losses under the selected stress period, such as allowing 
banking organizations to make this election at the level of the trading 
desk, risk class, or risk factor?

[[Page 15058]]

ii. Liquidity Horizon Adjustments
    To capture appropriately the potential losses from the longer 
periods of time needed to reduce the exposure to certain risk factors 
(for example, by selling assets or entering into hedges), a banking 
organization would assign each risk factor in IMCC to a proposed 
minimum liquidity horizons, as specified in Table 2 to Sec.  __.215 of 
the proposed rule.
---------------------------------------------------------------------------

    \411\ Any currency pair formed by the following list of 
currencies: USD, EUR, JPY, GBP, AUD, CAD, CHF, MXN, CNY, NZD, HKD, 
SGD, TRY, KRW, SEK, ZAR, INR, NOK, BRL, and any additional 
currencies specified by the primary Federal supervisor.
---------------------------------------------------------------------------

 BILLING CODE 4810-33- 6210-01- 6714-01-P
[GRAPHIC] [TIFF OMITTED] TP27MR26.081


[[Page 15059]]


 BILLING CODE 4810-33- 6210-01- 6714-01-C
    The proposed liquidity horizons (10, 20, 40, 60, and 120 days) 
would vary across risk factors, with longer horizons assigned to those 
that would require longer periods of time to sell or hedge. For each 
model-eligible trading desk, the proposal would generally require 
banking organizations to assign the same minimum liquidity horizon to 
each risk factor within the same risk categories as specified in Table 
2 to Sec.  __.215 for all model-eligible positions, with two 
exceptions.
    For instruments with a maturity shorter than the respective 
liquidity horizon assigned to the risk factor, the proposal would 
require banking organizations to use the next longer liquidity horizon 
compared to the maturity of the model-eligible position. For example, 
if an investment grade corporate bond matures in nineteen days, the 
proposal would require a banking organization to assign the associated 
credit spread risk factor a liquidity horizon of twenty days rather 
than the proposed forty-day liquidity horizon.
    To map liquidity horizons for multi-underlying instruments, such as 
credit and equity indices, the proposal would require a banking 
organization to take a weighted average of the liquidity horizons of 
risk factors corresponding to the underlying constituents and the 
respective weighting of each within the index and use the shortest 
liquidity horizon that is equal to or longer than the weighted 
average.\412\ Furthermore, the proposal would require a banking 
organization to apply a consistent liquidity horizon to both the 
inflation risk factors and interest rate risk factors for a given 
currency, as specified in Table 2 to Sec.  __.215 of the proposal.
---------------------------------------------------------------------------

    \412\ A weighted average would be based on the market value of 
the instruments with the same liquidity horizon.
---------------------------------------------------------------------------

    The proposal would also specify the applicable liquidity horizon 
for non-securitization positions issued by GSEs, as such instruments 
are unique to the United States. Consistent with the current capital 
rule, the proposal would assign a longer forty-day liquidity horizon to 
debt instruments issued by the GSEs, as such instruments are not as 
liquid or readily marketable as U.S. Treasury securities and other 
exposures directly and unconditionally backed by the full faith and 
credit of the United States (such as mortgage-backed securities issued 
by Ginnie Mae). Additionally, as multilateral development banks and 
specified supranational entities have similar liquidity risk profiles 
as sovereign exposures, the proposal would require banking 
organizations to apply the liquidity horizons applicable to sovereigns 
to multilateral development banks and specified supranational entities. 
Together, the proposed treatment is intended to promote consistency and 
comparability in regulatory capital requirements across banking 
organizations and to help ensure appropriate capitalization of such 
positions under the proposed market risk framework.
    To encourage sound risk management and enable banking organizations 
and the agencies to appropriately evaluate the conceptual soundness of 
the expected shortfall models used to calculate the IMCC, the proposal 
would require a banking organization to have in place internal risk 
management systems and processes for performing risk factor mappings 
consistently over time. Additionally, the proposal would require a 
banking organization to map each of its risk factors to one of the risk 
factor categories and the corresponding liquidity horizon in a 
consistent manner on a quarterly basis to help ensure that the selected 
historical stress period continues to appropriately reflect potential 
losses for the risk factors of model-eligible positions over time.\413\
---------------------------------------------------------------------------

    \413\ As described in section V.A.8.b.iii. of this SUPPLEMENTARY 
INFORMATION, the proposal would require banking organizations to 
calculate the entity-wide expected shortfall-based measures for each 
risk class and across risk classes using the twelve-month historical 
stress period in which either the full or reduced set of risk 
factors would incur the largest loss.
---------------------------------------------------------------------------

    To conservatively recognize empirical correlations across risk 
classes, the proposal would require a banking organization to calculate 
the liquidity horizon-adjusted expected shortfall-based measure both at 
the entity-wide level for each risk class and at the entity-wide level 
across risk classes for all model-eligible positions. To calculate the 
entity-wide liquidity horizon-adjusted expected shortfall-based measure 
for each risk class, the banking organization would (1) calculate the 
ten-day base expected shortfall measure for each risk factor category 
as specified in Table 2 to Sec.  __.215 of the proposal, (2) scale up 
the ten-day base expected shortfall measure using the longer proposed 
liquidity horizons for each risk factor category within the same risk 
class. When scaling up the ten-day base expected shortfall measure for 
the risk factor category(s) assigned a liquidity horizon of more than 
ten-days within the same risk class, the banking organization would 
hold all other risk factors, including those within the same risk class 
but assigned a shorter liquidity horizon, constant to appropriately 
reflect the incremental losses attributable to the specific risk factor 
categories within the same risk class over the longer proposed 
liquidity horizon. In this manner, the proposal would require a banking 
organization to calculate separately the liquidity horizon-adjusted 
expected shortfall-based measure for risk factors within the same risk 
class at each proposed liquidity horizon consecutively, starting with 
the shortest (ten days). Specifically, for each risk factor category 
within the same risk class, a banking organization would first compute 
the potential loss over the zero to ten-day period,\414\ then the 
potential loss over the subsequent ten- to twenty-day period--assuming 
that its exposure to risk factors within the ten-day liquidity horizon 
has been eliminated--and continue this calculation for each of the 
proposed liquidity horizons, as described in Table 1 to Sec.  __.215 of 
the proposed rule. A banking organization would then aggregate the 
losses for each period to determine the total liquidity horizon-
adjusted expected shortfall-based measure for the risk class.
---------------------------------------------------------------------------

    \414\ When computing losses over the zero to ten-day period, the 
proposal would require a banking organization to floor the time 
period for extinguishing its exposure to a risk factor exposure at 
ten days. For example, if an instrument would mature in two days, 
the banking organization must still calculate the potential losses 
assuming a ten-day liquidity horizon.
---------------------------------------------------------------------------

    The liquidity horizon-adjusted expected shortfall-based measure for 
each risk class would reflect both the losses under the expected 
shortfall-based measure and the incremental losses at each proposed 
liquidity horizon, according to the following formula, as provided 
under Sec.  __.215(b)(3) of the proposed rule:

[[Page 15060]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.082

Where:

ES is the liquidity horizon-adjusted expected shortfall-based 
measure;
T is the length of the base liquidity horizon, 10 days;
EST(P) is ES at base liquidity horizon T of a portfolio with market 
risk covered positions P;
EST(P,j) is the ES at base liquidity horizon T of a portfolio with 
market risk covered positions P for all risk factors whose liquidity 
horizon is at least as long as the liquidity horizon corresponding 
to the index value, j, LHj, as specified in Table 1 to Sec.  __.215 
of the proposed rule;
LHj is the liquidity horizon corresponding to the index value, j, 
specified in Table 1 to Sec.  __.215 of the proposed rule.

    To calculate the liquidity horizon-adjusted expected shortfall-
based measure at the entity-wide level across risk classes for all 
model-eligible positions, a banking organization would scale up the 
ten-day expected shortfall-based measure for all risk factors assigned 
either the same or a longer liquidity horizon, without distinguishing 
between risk classes. Otherwise, the process to calculate the entity-
wide liquidity horizon-adjusted expected shortfall-based measure would 
be the same as the risk-class level calculation.
    For example, assume that a banking organization would be required 
to calculate the liquidity horizon-adjusted expected shortfall-based 
measure for a single, USD denominated, investment grade corporate bond, 
whose price is driven by two risk factors, interest rate risk and 
credit spread risk. Under the proposal, the banking organization would 
calculate the expected shortfall-based measure for both interest rate 
risk and credit risk factors using the ten-day liquidity horizon, as 
expressed by EST(P) in the above formula. According to Table 2 to Sec.  
__.215 in the proposed rule, the liquidity horizon for interest rate 
risk denominated in USD is ten days and the liquidity horizon for 
credit spread risk of investment grade issuers is forty days. 
Therefore, the banking organization would not extend the liquidity 
horizon for interest rate risk factor but would for the credit spread 
risk factor. To determine the liquidity horizon-adjusted expected 
shortfall-based measure for the credit spread risk factor, the banking 
organization would (1) scale the credit spread risk factor by the 
square root of the incremental increase in time (one for liquidity 
horizon from ten to twenty days and the square root of two for 
liquidity horizon from twenty to forty days),\415\ (2) add the 
resulting liquidity horizon adjustment for credit spread risk factor, 
as expressed by the second term in the above formula and repeated 
below, to the base ten-day liquidity horizon squared, and (3) calculate 
the square root of the sum of (1) and (2):
---------------------------------------------------------------------------

    \415\ The incremental increase in time is represented by the 
difference in the liquidity horizons, LHj-LHj-1. In the example, the 
incremental increase in time for the liquidity horizon of twenty 
days and forty days would be twenty days (forty days minus twenty 
days). The incremental increase in time is divided by the base 
horizon of ten days. Thus, the time scaling factor for credit spread 
risk is the square root of two.
[GRAPHIC] [TIFF OMITTED] TP27MR26.083

    As described above, the proposal would require the banking 
organization to perform this calculation for all model-eligible 
positions at the entity-wide level across risk classes and separately 
at the entity-wide level for each risk class, such as interest rate 
risk and credit spread risk. The proposal would require the banking 
organization to use the results of these calculations as inputs into 
the overall models-based non-default capital requirement, described in 
more detail below in section V.A.8.b.iv. of this SUPPLEMENTARY 
INFORMATION.
    Question 154: What, if any, risk factors exist that would not be 
captured by the proposal for which the agencies should consider 
designating a specific liquidity horizon and why?
    Question 155: The agencies request comment on the appropriateness 
of assigning a liquidity horizon for multi-underlying instruments based 
on the weighted average of the liquidity horizons for the risk factors 
corresponding to the underlying constituents and the respective 
weighting of each within the index. What, if any, alternative 
methodologies should the agencies consider, such as assigning the 
liquidity horizon for credit and equity indices based on the longest 
liquidity horizon applicable to the risk factors corresponding to the 
underlying constituents? What would be the benefits and drawbacks of 
such alternatives compared to the proposal? Commenters are encouraged 
to provide data to support their responses.
    Question 156: The agencies request comment on the appropriateness 
of requiring banking organizations to use the next-longer liquidity 
horizon for instruments with a maturity shorter than the respective 
liquidity horizon assigned to the risk factor. What, if any, 
operational challenges might this pose for banking organizations? How 
could such concerns be mitigated while still ensuring consistency and 
comparability in regulatory capital requirements across banking 
organizations?
iii. Stress Period
    To appropriately account for potential losses in stress, the 
proposal would require a banking organization to calculate the entity-
wide expected shortfall-based measures for each risk class and across 
risk classes described in section V.A.8.b.i. of this SUPPLEMENTARY 
INFORMATION using the twelve-month historical stress period during 
which its model-eligible positions would experience the largest loss 
according to the banking organizations' policies and procedures 
approved by its primary Federal supervisor. To identify the appropriate 
stress period, the proposal would require a banking organization to 
consider all twelve-month periods spanning back to at least 2007 and, 
depending on whether the banking organization elected to employ the 
direct or indirect approach, select the period in which either the full 
or reduced set of risk factors would incur the largest loss.\416\ The 
proposal would require a banking organization to equally weight 
observations within each twelve-month historical stress period when 
selecting the appropriate stress period.
---------------------------------------------------------------------------

    \416\ Under the proposal, a banking organization that has 
elected to use the direct approach would select the relevant stress 
period using the full set of modellable risk factors, while that 
using the indirect approach would use the reduced set of risk 
factors to select the stress period.
---------------------------------------------------------------------------

    To help ensure that the twelve-month historical stress period 
continues to appropriately reflect potential losses for the risk 
factors of model-eligible positions over time, the proposal would 
require a banking organization to review and update the twelve-month 
historical

[[Page 15061]]

stress period on at least a quarterly basis, if appropriate, or 
whenever there are material changes in the risk factors of model-
eligible positions.
    Question 157: The agencies seek comment on the appropriateness of 
requiring banking organizations to use the same reduced set of risk 
factors to both identify the appropriate twelve-month historical stress 
period and calculate the IMCCs. To what extent does the proposed 
approach provide banking organizations sufficient flexibility to 
appropriately capture the risk factors that may be present in some, but 
not all stress periods? What, if any, alternative approaches should the 
agencies consider that would better serve to capture such risk factors 
relative to the proposal?
    Question 158: The agencies are considering options to define the 
largest loss when identifying the appropriate twelve-month historical 
stress period. For example, what are the advantages and disadvantages 
of defining the largest loss based on amounts banking organizations use 
for financial reporting, and why? What are the advantages and 
disadvantages of requiring firms to have policies and procedures 
approved by a banking organization's primary Federal supervisor to 
identify the twelve-month historical stress period during based on the 
largest loss, and why?
iv. Total Internal Models Capital Calculations (IMCC)
    The proposal would require banking organizations to use the 
liquidity horizon-adjusted expected shortfall-based measures calculated 
throughout the twelve-month historical stress period at the entity-wide 
level for each risk class (IMCC(Ci)) and at the entity-wide level 
across risk classes (IMCC(C)) to calculate the IMCC for model-eligible 
positions. To constrain the empirical correlations and provide an 
appropriate balance between perfect diversification and no 
diversification across risk classes, the IMCC would equal half of the 
entity-wide liquidity horizon-adjusted expected shortfall-based measure 
across all risk classes plus half of the sum of the liquidity horizon-
adjusted expected shortfall measures for each risk class, according to 
the following formula, as provided under Sec.  __.215(c)(4) of the 
proposed rule:
[GRAPHIC] [TIFF OMITTED] TP27MR26.084

Where:

[omega] equals 0.5;
i is the index of risk classes, which are the following: interest 
rate risk, credit spread risk, equity risk, commodity risk and 
foreign exchange risk.
IMCC(C) equals the aggregate liquidity horizon-adjusted ES-based 
measure across all risk classes; and
(iv) IMCC(Ci) equals the partial liquidity horizon-adjusted ES-based 
measure for each risk class (i).

c. Stressed Expected Shortfall (SES) for Non-Modellable Risk Factors
    Under the proposal, the SES for non-modellable risk factors would 
be similar to the IMCC for modellable and type A non-modellable risk 
factors, except that, relative to the IMCC, the SES calculation would 
provide significantly less recognition for hedging and portfolio 
diversification for type B non-modellable risk factors and 
significantly more for type A non-modellable risk factors.
    Under the proposal, a banking organization would have to calculate 
the liquidity horizon-adjusted expected shortfall-based measure for 
non-modellable risk factors using the same general process as proposed 
for modellable and type A non-modellable risk factors in IMCC, with 
three key differences. First, the proposal would require a banking 
organization to separately carry out such calculation for each non-
modellable risk factor, rather than at the risk class level. Second, 
the proposal would require a banking organization to apply a minimum 
liquidity horizon adjustment of at least twenty days, rather than ten 
days. Third, the proposal would require a banking organization to 
identify a common twelve-month historical stress period for all non-
modellable risk factors within the same risk class, which is calibrated 
to be at least as conservative as the twelve-month historical stress 
period used within IMCC. To reduce operational burden, the proposal 
would allow banking organizations to apply the same twelve-month 
historical stress period used to calculate IMCC for purposes of the 
common twelve-month historical stress period used for each risk class 
within the SES calculation. If a banking organization is not able to 
determine a stress scenario capital requirement for a risk factor, the 
proposal would require the banking organization to set the SES capital 
requirement equal to the maximum possible loss for that risk factor.
    Alternatively, with approval from its primary Federal supervisor, a 
banking organization may use an alternative approach to design the 
stress scenario for each risk class of non-modellable risk factors.
    In recognition of the data limitations of non-modellable risk 
factors, the proposal would allow a banking organization that receives 
approval to use an alternative approach to use proxies in determining 
the common twelve-month historical stress period for each risk class of 
non-modellable risk factors, as long as such proxies satisfy the data 
quality requirements of the qualitative test.\417\
---------------------------------------------------------------------------

    \417\ See section V.A.8.a.i. of this SUPPLEMENTARY INFORMATION 
for a description of the data quality requirements in the 
qualitative test.
---------------------------------------------------------------------------

    To calculate the SES for non-modellable risk factors, the proposal 
would require a banking organization to separate non-modellable risk 
factors into type A and type B non-modellable risk factors. A banking 
organization would calculate the SES for both types of non-modellable 
risk factors, according to the following formula as provided under 
Sec.  __.215(d)(2) of the proposed rule:

[[Page 15062]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.085

Where:

(i) SESNM,k is the stress scenario capital measure for the type A 
non-modellable risk factor k;
(i) K is the number of type A non-modellable risk factors;
(iii) rb is 0.36;
(iv) SESNM,j is the stress scenario capital measure for the type B 
non-modellable risk factor j; and
(ii) Jis the number of type B non-modellable risk factors.

    For type B non-modellable risk factors, the second term would allow 
for a limited and appropriate diversification benefit that depends on 
the level of r parameter. The first term would provide type A non-
modellable risk factors a greater diversification benefit by allowing 
such non-modellable risk factors to be aggregated with zero correlation 
because they passed the qualitative test.
    Given the limited data available for type B non-modellable risk 
factors from which to estimate correlations between such factors 
throughout the twelve-month historical stress period, the proposed 
conservative capital treatment of type B non-modellable risk factors 
would address the potential risk of lower quality inputs being used in 
calculating market risk capital requirements for such factors (for 
example, the risk that the limited data set overstates the 
diversification benefits and, therefore, understates the magnitude of 
potential losses of type B non-modellable risk factors).
    Type A non-modellable risk factors would already be captured within 
the IMCC, which limits the model-estimated diversification benefit 
across risk classes. Thus, the IMCC would capture most of the risk 
arising from type A non-modellable risk factors. Yet, unlike modellable 
risk factors, type A non-modellable risk factors can pose higher model 
risk and elevated liquidity risk due to infrequent price observations. 
To appropriately capture such additional risks that may not be fully 
captured by IMCC, type A non-modellable risk factors would also be 
included in the SES calculation.\418\
---------------------------------------------------------------------------

    \418\ Unlike type B non-modellable risk factors, type A non-
modellable risk factors would receive full diversification (zero 
correlation) with other type A non-modellable risk factors in the 
SES calculation.
---------------------------------------------------------------------------

    Question 159: The agencies seek comment on the proposed rho 
parameter (rb) for type B non-modellable risk factors. What are the 
advantages and disadvantages of the proposed rho parameter(rb)? What 
are the advantages and disadvantages of reducing the rho parameter (rb) 
to a lower value (such as 0.0625 or 0.16), and why? Please provide any 
data and rationale that would be useful to consider for this purpose.
    Question 160: What are the advantages and disadvantages of the 
proposed calculation of the stressed expected shortfall capital 
requirement for non-modellable risk factors? Alternatively, what are 
the advantages and disadvantages of requiring a banking organization to 
separate non-modellable risk factors into those with idiosyncratic 
credit spread risk, those with idiosyncratic equity risk, and those 
with systematic risk, according to the following formula, and why? 
Specifically, what are the advantages and disadvantages of the 
following alternative formula for calculating the stressed expected 
shortfall capital requirement for non-modellable risk factors:
[GRAPHIC] [TIFF OMITTED] TP27MR26.086

Where:

ISESNM,i is the stress scenario capital measure for non-modellable 
idiosyncratic credit spread risk, i, aggregated with zero 
correlation, and where I is a non-modellable idiosyncratic credit 
spread risk factor;
ISESNM,j is the stress scenario capital measure for non-modellable 
idiosyncratic equity risk, j, aggregated with zero correlation, and 
where J is a non-modellable idiosyncratic equity risk factor;
SESNM,k is the stress scenario capital measure for the remaining 
non-modellable systematic risk factors, k, and where K is the 
remaining non-modellable risk factors in a model-eligible trading 
desk; and
[rho] is equal to 0.6.
If the agencies were to consider this alternative approach, what 
further adjustments should they also consider (such as using a 
different correlation parameter, [rho] , between 0 and 1.0)? Please 
provide any data and rationale, including data from a wide range of 
stressed market conditions, that would be useful for evaluating this 
alternative.
d. Aggregate Trading Portfolio Backtesting Capital Multiplier
    Under the current capital rule, each quarter, a banking 
organization must compare each of its most recent 250 business days of 
entity-wide trading losses (excluding fees, commissions, reserves, net 
interest income, and intraday trading) with the corresponding daily 
VaR-based measure calibrated to a one-day holding period and at a one-
tail, 99.0 percent confidence level. Depending on the number of 
exceptions in the entity-wide backtesting results, a banking 
organization must apply a multiplication factor, which can range from 3 
to 4, to a banking organization's VaR-based and stressed VaR-based 
capital requirements for market risk.
    The proposal generally would retain the backtesting requirements in 
the current capital rule, with two modifications. First, the proposal 
would require backtesting of the VaR-based measures against both the 
actual and the hypothetical profits and losses produced by the 
financial reporting

[[Page 15063]]

models.\419\ Specifically, for the most recent 250 business days,\420\ 
a banking organization would be required to separately compare each 
business day's aggregate actual profit and loss for transactions on 
model-eligible trading desks and aggregate hypothetical profit and loss 
for transactions on model-eligible trading desks with the corresponding 
aggregate VaR-based measures for that business day calibrated to a one-
day holding period at a one-tail, 99.0 percent confidence level for 
transactions on all model-eligible trading desks.\421\ Second, the 
proposal generally would require a banking organization to apply a 
lower capital multiplier (mc), that could range from a factor of 1.5 to 
2, to the 60-day average estimated capital required for modellable and 
type A non-modellable risk factors, based on the number of exceptions 
in the entity-wide backtesting results.\422\
---------------------------------------------------------------------------

    \419\ The proposal would define hypothetical profit and loss as 
the change in the value of the market risk covered positions that 
would have occurred due to changes in the market data at end of 
current day if the end-of-previous-day market risk covered positions 
remained unchanged. Valuation adjustments that are updated daily 
would have to be included, unless the banking organization receives 
approval from its primary Federal supervisor to exclude them. 
Valuation adjustments for which separate regulatory capital 
requirements have been otherwise specified, commissions, fees, 
reserves, net interest income, intraday trading, and time effects 
would have to be excluded. See Sec.  _.202 of the proposed rule.
    \420\ In its first year of backtesting, a banking organization 
would count the number of exceptions that have occurred since it 
began backtesting.
    \421\ As described in section V.A.6.d.i. of this SUPPLEMENTARY 
INFORMATION, the proposal would allow, subject to approval by the 
primary Federal supervisor, a banking organization, for a model-
eligible trading desk that holds a limited amount of model-
ineligible positions pursuant to its trading or hedging strategy, to 
include such positions for the purposes of the aggregate trading 
portfolio backtesting requirement as well as for the desk-level PLA 
and backtesting requirements.
    \422\ The mechanics of the backtesting requirements for the 
aggregate trading portfolio backtesting multiplier would be the same 
as those at the trading desk level. Consistent with the trading desk 
level backtesting requirements, the proposal would allow banking 
organizations to disregard backtesting exceptions related to 
official holidays and, in certain instances, those related to non-
modellable risk factors, model-ineligible positions and technical 
issues. See section V.A.8.f. of this SUPPLEMENTARY INFORMATION for a 
detailed description of the mechanics of the proposed trading desk-
level backtesting requirements, including circumstances in which a 
banking organization may disregard a backtesting exemption.

IMAG,A = max ((IMCCt - 1 + SESt-1),((mc x IMCCaverage) + SESaverage)) + 
---------------------------------------------------------------------------
PLA add on

    The proposed backtesting requirements would measure the 
conservatism of the forecasting assumptions and the valuation methods 
used in the internal models by comparing the daily VaR-based measure 
against the actual and hypothetical profits and losses produced by the 
financial reporting models. Such comparisons are a critical part of a 
banking organization's ongoing risk management, as they improve a 
banking organization's ability to make prompt adjustments to the 
pricing models that impact the expected shortfall calculation used for 
determining risk-based capital requirements to address factors such as 
changing market conditions and model deficiencies. A high number of 
exceptions could indicate modeling issues (for example, insufficiently 
conservative risk factor shocks) and warrant increased capital 
requirements.
    The backtesting requirements and associated multiplication factor 
provide appropriate incentives for banking organizations to regularly 
update the internal models used for calculating expected shortfall-
based measure in determining regulatory capital requirements.
    Question 161: The agencies request comment on the appropriateness 
of the proposed calculation for the aggregate trading portfolio 
backtesting capital multiplier. What, if any, changes should the 
agencies consider that would appropriately measure the robustness of a 
banking organization's internal models used in calculating the expected 
shortfall-based measure but impose less operational burden relative to 
the proposal?
e. PLA Test and Add-On
    Under the proposal, use of the models-based non-default capital 
requirement for a model-eligible trading desk fundamentally would 
depend on the accuracy of the potential future profits or losses 
estimated by the banking organization's internal risk management models 
relative to those produced by its financial reporting models. The 
proposed profit and loss attribution test metric \423\ would help 
ensure that the theoretical changes in a model-eligible trading desk's 
revenue produced by the internal risk management models are 
sufficiently close to the hypothetical changes produced by valuation 
methods used by the financial reporting models in the banking 
organization's end-of-day valuation process and adequately capture the 
risk factors used in such models. Thus, the proposed PLA test metric 
would measure the materiality of the simplifications of the internal 
risk management models used by a model-eligible trading desk relative 
to the financial reporting models and remove the eligibility of any 
trading desk for which such simplifications are deemed material from 
using the models-based non-default capital requirement to calculate its 
regulatory capital requirement for market risk.
---------------------------------------------------------------------------

    \423\ The proposed PLA test metric refers to the Kolmogorov-
Smirnov metric which assesses the similarity of the distributions of 
the risk-theoretical profit and loss and the hypothetical profit and 
loss.
---------------------------------------------------------------------------

    The proposed models-based non-default capital requirement would 
include an additional capital requirement (the PLA add-on) for model-
eligible trading desks for which the desk-level PLA test metric 
demonstrates deficiencies in the ability of the valuation methods used 
by the banking organization's internal risk management models to 
appropriately capture the market risk of the model-eligible positions 
but does not disqualify the eligibility of the models. The PLA add-on 
would help ensure that banking organizations with model-eligible 
trading desks with non-disqualifying model deficiencies are subject to 
more conservative capital requirements relative to banking 
organizations with model-eligible trading desks without such 
deficiencies.\424\ Additionally, the PLA add-on would provide 
appropriate incentives for banking organizations with model-eligible 
trading desks with model deficiencies to address the potential gaps in 
data and model deficiencies.
---------------------------------------------------------------------------

    \424\ As described in section V.A.6.d.iv. of this SUPPLEMENTARY 
INFORMATION, a model-eligible trading desk that passes the PLA test 
metric could still be subject to the PLA add-on if the primary 
Federal supervisor determines that the trading desk no longer 
complies with all applicable requirements.
---------------------------------------------------------------------------

    The agencies recognize the potential difficulties for banking 
organizations in implementing the proposed desk-level PLA test metric. 
To improve the ability of banking organizations to use more risk-
sensitive modeled approaches for non-default capital requirement, where 
appropriate, the proposal would provide a three-year transition period 
during which there would be no automatic consequences for PLA test 
results. During this period, a banking organization would be required 
to submit quarterly PLA test results to its primary Federal supervisor. 
The test results would not have any automatic regulatory consequences 
during the transition period. This extended transition period for 
implementation of the PLA test would allow banking organizations to 
gain experience with the test and provide time to improve their systems 
and processes and address potential gaps in data and model

[[Page 15064]]

performance. Furthermore, the delayed implementation would allow more 
time to develop and refine the valuation methods used in the expected 
shortfall models without the potential cliff effects that could arise 
when one or more model-eligible trading desks having PLA test results 
in the amber or red zone. The delayed transition of PLA test automatic 
consequences would also provide the agencies an additional opportunity 
to monitor the effectiveness of the PLA test metric and identify the 
root causes leading to poor testing performances while allowing banking 
organizations to gain experience with the tests and improve their 
systems and models.
    Question 162: The agencies seek comment on the proposed three-year 
transition period for the PLA test. What are the benefits and drawbacks 
of delaying for three years the automatic consequences of having PLA 
test results in the amber or red zones? To what extent does the 
proposed time period facilitate banking organizations' ability to gain 
experience with the tests and address any potential gaps in data and 
model performance? Please provide any rationale that would be useful to 
consider for this purpose.
i. PLA Test
    To measure the materiality of the simplifications (for example, 
missing risk factors and differences in the way positions are valued) 
within the expected shortfall models used by each model-eligible 
trading desk, the PLA test would require a banking organization, for 
each model-eligible trading desk, to compare the daily profit and loss 
values produced by its internal risk management models (risk-
theoretical profit and loss) \425\ against the hypothetical profit and 
loss produced by the financial reporting models.
---------------------------------------------------------------------------

    \425\ The proposal would define risk-theoretical profit and loss 
as the daily trading desk-level profit and loss on the end-of-
previous-day market risk covered positions generated by the banking 
organization's internal risk management models. The risk-theoretical 
profit and loss would have to take into account all risk factors and 
positions, including non-modellable risk factors and model-
ineligible positions, in the banking organization's internal risk 
management models.
---------------------------------------------------------------------------

I. Data Input Requirements
    For the sole purpose of the PLA test, the proposal would permit a 
banking organization to align the risk factor input data used in the 
valuations calculated by the internal risk management models with that 
used in the financial reporting models, if the banking organization 
demonstrates that such an alignment would be appropriate. If the input 
data for a given risk factor that is common to both the financial 
reporting models and the internal risk management models differs due to 
data acquisition complications (specifically, different market data 
sources, time fixing of market data sources, or transformations of 
market data into input data suitable for the risk factors of the 
underlying valuation engines), a banking organization may adjust the 
input data used by the financial reporting models into a format that 
can be used by the internal risk management models. When transforming 
the input data of the financial reporting models into a format that can 
be applied to the risk factors used in internal risk management models, 
the banking organization would be required to demonstrate that no 
differences in the risk factors or in the valuation models have been 
omitted. The proposal would require a banking organization to assess 
the effect of these input data alignments on both the valuations 
produced by the internal risk management models and the PLA test when 
designing or changing the input data alignment process, or at the 
request of the primary Federal supervisor. Additionally, the proposal 
would require a banking organization to treat time effects \426\ in a 
consistent manner in the hypothetical profit and loss and the risk-
theoretical profit and loss.\427\ The proposed flexibility would allow 
the results of the PLA test metric to more accurately assess the 
consistency of the risk-theoretical and hypothetical profit and loss 
for a particular model-eligible trading desk, by focusing on 
differences due to the pricing function and risk factor coverage rather 
than those arising from use of different data inputs.
---------------------------------------------------------------------------

    \426\ Time effects can include various elements such as the 
sensitivity to time, or theta effect, and carry or costs of funding.
    \427\ In particular, when time effects are excluded from the 
hypothetical profit and loss, they must also be excluded from the 
risk-theoretical profit and loss. A banking organization that 
excludes time effects must do so consistently for purposes of 
backtesting and the PLA test.
---------------------------------------------------------------------------

    Furthermore, the proposal would allow, subject to approval by the 
primary Federal supervisor, a banking organization, for a model-
eligible trading desk that holds a limited amount of model-ineligible 
positions pursuant to its trading or hedging strategy,\428\ to include 
such positions for the purposes of the PLA tests. Allowing such 
positions to be included would enable model-ineligible positions held 
as hedges to be recognized with the underlying positions they are 
intended to hedge and thus minimize the potential for the PLA test to 
incorrectly identify model deficiencies for model-eligible trading 
desks due solely to the bi-furcation of such hedges. For model-eligible 
trading desks with approval of the primary Federal supervisor to 
incorporate model-ineligible positions in their PLA test metric, the 
proposal would require the banking organization to calculate the market 
risk capital requirements for such positions using the more 
conservative capital treatment under the standardized non-default 
capital requirement or the fallback capital requirement, as described 
in sections V.A.7. and V.A.3.d. of this SUPPLEMENTARY INFORMATION, 
respectively.
---------------------------------------------------------------------------

    \428\ Model-ineligible positions include equity positions in an 
investment fund where the banking organization is not able to 
identify the underlying positions held by an investment fund on a 
quarterly basis, securitization positions, and correlation trading 
positions.
---------------------------------------------------------------------------

II. PLA Test Metric
    For the PLA test, the banking organization would be required to 
compare, for each model-eligible trading desk, the risk-theoretical 
profit and loss and the hypothetical profit and loss for the most 
recent 250 business days using the Kolmogorov-Smirnov metric.
    To calculate the Kolmogorov-Smirnov metric, the banking 
organization, for each model-eligible trading desk, would identify the 
number of daily observations over the most recent 250 business days 
where the risk-theoretical profit and loss or separately the 
hypothetical profit and loss is less than or equal to the specified 
value. To appropriately weight the probability of each daily 
observation,\429\ the proposal would define the empirical cumulative 
distribution function as the number of daily observations multiplied by 
0.004 (1/250). Under the proposal, the Kolmogorov-Smirnov metric would 
be the largest absolute difference observed between these two empirical 
cumulative distributions of profit and loss at any value, which could 
be expressed as:
---------------------------------------------------------------------------

    \429\ For example, if the internal risk management model 
generates the same value for the model-eligible trading desk's 
portfolio on two separate days, the proposal would require the 
banking organization to assign a larger probability by requiring 
each daily observation to be weighted at 0.004.

---------------------------------------------------------------------------
KS = max(abs(DHPL-DRTPL))

where DHPL is the empirical cumulative distribution of hypothetical 
profit and loss produced by the financial reporting models and DRTPL 
the empirical cumulative distribution of risk-theoretical profit and 
loss produced by the internal risk management models.
    As a testing metric, the Kolmogorov-Smirnov metric is intended to 
support good risk management by requiring

[[Page 15065]]

banking organizations to assess the similarity of the distribution of 
the daily portfolio values for a model-eligible trading desk generated 
by the internal risk management models and the financial reporting 
models. The closeness of the distributions would indicate how 
accurately the internal risk management models capture the range of 
losses experienced by the model-eligible trading desk across different 
market conditions with closer distributions indicating greater accuracy 
with respect to pricing and risk factor coverage. Applying this process 
over a given period would provide information about the accuracy of the 
internal risk management model's ability to appropriately reflect the 
shape of the whole distribution of values for the model-eligible 
trading desk's portfolio compared to the distribution of values 
generated by the financial reporting models, including information on 
the size and number of valuation differences.
    Based on the PLA test results for the Kolmogorov-Smirnov metric, a 
banking organization would be required to allocate each model-eligible 
trading desk to a PLA test zone as set out in Table 1 to Sec.  __.213 
of the proposed rule. Additionally, under the proposal, the primary 
Federal supervisor could require a banking organization to assign a 
different PLA test zone to a model-eligible trading desk than that 
based on PLA test metric of the model-eligible trading desk.\430\
---------------------------------------------------------------------------

    \430\ As discussed in more detail in section V.A.6.d.iv. of this 
SUPPLEMENTARY INFORMATION, if, after the three-year transition 
period, the primary Federal supervisor subjects a model-eligible 
trading desk to the PLA add-on as part of the initial approval or 
for on-going model eligibility, the model-eligible trading desk 
would remain subject to the PLA add-on until either the model-
eligible trading desk (1) provides at least 250 business days of 
backtesting and PLA test results that pass the trading-desk level 
backtesting requirements and produce PLA metric in the green zone, 
or (2) receives approval from the primary Federal supervisor that 
the PLA add-on no longer applies.
---------------------------------------------------------------------------

    Question 163: What, if any, modifications should the agencies 
consider with respect to the PLA test? Commenters are encouraged to 
provide specific details on the mechanics, empirical support, capital 
implications, and rationale for any suggested modifications.
    Question 164: The agencies seek comment on the appropriateness of 
allowing banking organizations to align the risk input data between the 
internal risk management models and the financial reporting models. 
What other instances, if any, should the agencies consider to ensure 
accurate and consistent assessment of the profit and losses produced by 
the internal risk management models with those produced by the 
financial reporting models for a particular model-eligible trading 
desk?
    Question 165: The agencies request comment on the benefits and 
drawbacks of allowing banking organizations, with regulatory approval, 
to include non-modellable risk factors for purposes of the PLA tests. 
Should non-modellable risk factors be excluded from the PLA tests? Why 
or why not? What, if any, further conditions should the agencies 
consider including to appropriately limit the inclusion of non-
modellable risk factors for purposes of the PLA tests? Commenters are 
encouraged to provide data to support their responses.
ii. Calculation of the PLA Add-On
    Under the proposal, a banking organization would consider model-
eligible trading desks in the green zone or amber zone as passing the 
PLA test for model eligibility purposes. If a banking organization has 
one or more model-eligible trading desks within the amber zone, the 
proposal would require the banking organization to reflect the PLA add-
on in the models-based non-default risk capital requirement, as 
described above in section V.A.8. of this SUPPLEMENTARY 
INFORMATION.\431\ Under the proposal, a banking organization would 
calculate the PLA add-on as the greater of zero and the aggregate 
capital benefit to the banking organization from the models-based non-
default capital requirement (the difference between the capital 
requirements for all model-eligible trading desks \432\ in the green or 
amber zone under the standardized non-default capital requirement 
(SAG,A) and those under the models-based non-default capital 
requirement ((IMCCt-1 + SESt-1), ((mc x 
IMCCaverage) + SESaverage)), multiplied by a multiplication factor of 
k, as defined according to the following formula under Sec.  
__.213(c)(4) of the proposed rule:
---------------------------------------------------------------------------

    \431\ As described in section V.A.1.b. of this SUPPLEMENTARY 
INFORMATION, the proposal would provide a three-year transition 
period during which there would be no automatic consequences for PLA 
test results. While banking organizations would be required to 
report PLA test results during the transition period, the PLA add-on 
would not apply until after the expiration of the three-year 
transition period.
    \432\ In calculating the PLA add-on, the proposal would require 
a banking organization to exclude any model-ineligible positions 
held by a model-eligible desk, as such positions must be subject to 
either the standardized non-default capital requirement or the 
fallback capital requirement.
    \433\ As discussed in section V.A.6.d.i. of this SUPPLEMENTARY 
INFORMATION, model-eligible trading desks that hold limited amounts 
of model-ineligible positions must calculate regulatory capital 
requirements for such positions under the standardized non-default 
capital requirement or fallback capital requirement, as applicable. 
With regulatory approval, a banking organization may include such 
positions within its internal models for the purposes of the desk-
level PLA and backtesting requirements as well as the aggregate 
trading portfolio backtesting requirement.

PLA add-on = k x max ((SAG,A-max ((IMCCt-1 + 
---------------------------------------------------------------------------
SESt-1), ((mc x IMCCaverage) + SESaverage))), 0)

    Under the proposal, the value of k would equal half of the ratio of 
the sum of the standardized non-default capital requirement for each 
model-eligible trading desk within the amber zone and those for each of 
the model-eligible trading desks within either the green or amber zone 
as defined according to the following formula under Sec.  
__.213(c)(4)(i) of the proposed rule:
[GRAPHIC] [TIFF OMITTED] TP27MR26.087

    Thus, the value of k would gradually increase from 0 to 0.5 as the 
number of model-eligible trading desks within the amber zone increases, 
which is intended to mitigate the potential cliff effect of 
significantly increasing market risk capital requirements as a model-
eligible trading desk transitions from using the models-based non-
default capital requirement to the standardized non-default capital 
requirement.
iii. Application of the PLA Add-On
    After the three-year transition period, if, in the most recent 250 
business day period, a trading desk that the primary Federal 
supervisory previously approved to use the models-based non-default 
capital requirement produces results in the PLA test red zone, the 
proposal would require the banking organization to use the standardized 
non-default capital requirement and calculate market risk capital

[[Page 15066]]

requirements for the positions held by the trading desk together with 
all other trading desks subject to the standardized non-default capital 
requirement.\433\ The proposal would not permit the banking 
organization to use the models-based non-default capital requirement to 
calculate market risk capital requirements for the trading desk until 
the trading desk (i) produces PLA test results in either the green or 
amber zone and passes specific trading desk level backtesting 
requirements over the most recent 250 business days, or (ii) receives 
approval from the primary Federal supervisor.\434\
---------------------------------------------------------------------------

    \434\ During the three-year transition period, a banking 
organization may use the models-based non-default capital 
requirement to calculate market risk capital requirements for the 
trading desk once the desk produces satisfactory desk-level 
backtesting results for the most recent 250 business days.
---------------------------------------------------------------------------

f. Backtesting Requirements for Model-Eligible Trading Desks
    Under the proposal, a banking organization may treat a trading desk 
that conducts and successfully passes both backtesting and the PLA test 
at the trading desk level on an ongoing quarterly basis as a model-
eligible trading desk.\435\ For determining the model eligibility of a 
trading desk, the proposal would require the banking organization to 
perform backtesting at the trading desk level. For the purpose of desk-
level backtesting, for each trading desk, a banking organization would 
be required to compare each of its most recent 250 business days' 
actual profit and loss and hypothetical profit and loss produced by the 
financial reporting models with the corresponding daily VaR-based 
measure calculated by the banking organization's internal models. The 
proposal would require the banking organization, for each trading desk, 
to calibrate the VaR-based measure to a one-day holding period and at 
both the 97.5th percentile and the 99.0th percentile one-tail 
confidence levels. Time effects must be treated in a consistent manner 
in the hypothetical profit and loss metric used for purposes the 
backtesting and PLA tests.
---------------------------------------------------------------------------

    \435\ During the three-year transition period, a banking 
organization may treat a trading desk that conducts and successfully 
passes backtesting at the trading desk level on an ongoing quarterly 
basis as a model-eligible trading desk.
---------------------------------------------------------------------------

    Under the proposal, a backtesting exception would occur when the 
daily actual profit and loss or the daily hypothetical profit and loss 
produced by the financial reporting model for the trading desk exceeds 
the corresponding daily VaR-based measure. A banking organization must 
count separately the number of backtesting exceptions that occurred in 
the most recent 250 business days for actual profit and loss at each 
confidence level and those that occurred for hypothetical profit and 
loss at each confidence level. A trading desk would become model-
ineligible if, in the most recent 250 business day period, the desk 
experiences any of the following: (1) 12 or more exceptions for actual 
profit and loss at the 99.0th percentile; (2) 12 or more exceptions for 
hypothetical profit and loss at the 99.0th percentile; (3) 30 or more 
exceptions for actual profit and loss at the 97.5th percentile; or (4) 
30 or more exceptions for hypothetical profit and loss at the 97.5th 
percentile. In the event that either the daily actual or hypothetical 
profit and loss is unavailable or impossible to compute, the proposal 
would require the banking organization to treat such an occurrence as a 
backtesting exception for the actual profit and loss or hypothetical 
profit and loss, respectively. If the VaR-based measure for a 
particular business day is unavailable or impossible to compute, an 
exception for actual and hypothetical profit and loss is deemed to have 
occurred. No exception is deemed to have occurred if the unavailability 
or the impossibility is related to an official holiday; in such cases 
the banking organization may disregard the backtesting exception. In 
addition, with approval of the primary Federal supervisor, the banking 
organization may disregard the backtesting exception if the banking 
organization could demonstrate that the backtesting exception is due to 
technical issues that are unrelated to the banking organization's 
financial reporting or internal models; or to one or more model-
ineligible positions; or if the banking organization could demonstrate 
that a backtesting exception relates to one or more non-modellable risk 
factors or to one more model-ineligible positions and the portion of 
the stressed expected shortfall or standardized non-default capital 
requirement attributed to these non-modellable risk factors or model-
ineligible positions, respectively, for that business day exceeds the 
difference between the banking organization's VaR-based measure and the 
actual or hypothetical loss for that business day.\436\
---------------------------------------------------------------------------

    \436\ It is not sufficient to compare the size of backtesting 
exceptions to standalone SES for individual non-modellable risk 
factors or standalone standardized non-default capital requirements 
for model-ineligible positions because the sum of standalone capital 
requirements for individual non-modellable risk factors or model-
ineligible positions would almost always be smaller than the 
relevant aggregate capital requirement. Instead, the size of 
backtesting exceptions needs to be compared to the portion of the 
aggregate SES or standardized non-default capital requirement that 
can be attributed to those non-modellable risk factors or model in-
eligible positions, accounting for recognition of diversification 
within each formula. For example, one approach for determining the 
portion of the aggregate SES attributable to a particular non-
modellable risk factor is to multiply the risk factor's standalone 
SES by its marginal contribution to the aggregate SES (i.e., for 
non-modellable risk factor i, attribute (aSES/aSESnm,i) [middot] 
SESnm,i), which is a valid method for apportioning the aggregate SES 
because the SES formula is homogenous of degree one.
    \437\ To receive approval as a model-eligible desk during the 
three-year transition period, the proposal would require the banking 
organization to provide backtesting results for the trading desk and 
demonstrate to the satisfaction of the primary Federal supervisor 
that the expected shortfall models would be able to satisfy the 
backtesting requirements on an on-going basis. See section 
V.A.6.d.iv.I. of this SUPPLEMENTARY INFORMATION for the criteria for 
a trading desk to receive approval as a model-eligible trading desk.
    \438\ Under the proposal, there would be no automatic 
consequences for the PLA test results during the three-year 
transition period. Accordingly, during the transition period, a 
banking organization's model-eligible trading desk would only be 
required to successfully pass quarterly trading desk-level 
backtesting requirements to return to using the models-based non-
default capital requirement.
---------------------------------------------------------------------------

    If in the most recent 250 business day period a trading desk 
experiences either 12 or more backtesting exceptions at the 99.0th 
percentile, or 30 or more backtesting exceptions at the 97.5th 
percentile, the proposal would require the banking organization to use 
the standardized non-default capital requirement to determine the 
market risk capital requirements for the market risk covered positions 
held by the trading desk. If a model-eligible trading desk is approved 
with less than 250 business days of trading desk level backtesting and 
PLA test results, the proposal would require a banking organization to 
use all backtesting data for the model-eligible trading desk and to 
prorate the number of allowable exceptions by the number of business 
days for which backtesting data are available for the model-eligible 
trading desk.\437\ The proposal would allow the banking organization to 
return to using the models-based non-default capital requirement to 
calculate market risk capital requirements for the trading desk if the 
banking organization (1) remediates the internal model deficiencies 
such that the trading desk successfully passes trading desk-level 
backtesting and reports PLA test metric in the green or amber zone or 
(2) receives approval of the primary Federal supervisor.\438\
    Question 166: Should non-modellable risk factors be excluded from 
the proposed backtesting requirements? Why or why not? What, if any, 
further

[[Page 15067]]

conditions should the agencies consider including to limit 
appropriately the inclusion of non-modellable risk factors for purposes 
of the backtesting requirements? Commenters are encouraged to provide 
data to support their responses.
    Question 167: The agencies invite comment on what, if any, 
challenges requiring banking organizations to directly calculate the 
internally modelled capital requirement for modellable risk factors 
using a 10-day liquidity horizon for the purposes of the daily expected 
shortfall-based measure for modellable risk factors could pose and a 1-
day VaR for the purposes of backtesting could pose. What, if any, 
alternative methodologies should the agencies consider?
    Question 168: The agencies invite comment on whether notional desks 
that are model-eligible desks and primarily hold foreign exchange and 
commodity positions to hedge banking book exposures should be excluded 
from PLA testing and backtesting requirements. What would be the 
potential benefits and drawbacks of providing such an exclusion for 
these specific desk types? Would alternative treatment or modified 
requirements for these desks be more appropriate and if so, why?
9. Default Risk Capital Requirement
    The default risk capital requirement is intended to capture the 
incremental loss if the issuer of an equity or credit position were to 
immediately default (the additional losses from jump-to-default risk), 
which are not captured by the credit spread or equity shocks under the 
sensitivities-based method or the models-based non-default capital 
requirement. Thus, the proposed default risk capital requirement would 
apply only to non-securitization debt or equity positions (except for 
U.S. sovereigns, specified supranational entities, and multilateral 
development banks), securitization positions non-CTP, and correlation 
trading positions. To recognize offsetting of long and short positions 
across model-eligible and model-ineligible desks, the proposal would 
allow a banking organizations that has one or more model-eligible 
trading desks to perform a single calculation of the default risk 
capital requirement across model-eligible and model-ineligible trading 
desks.
    Under the proposal, a banking organization would be required to 
separately calculate the default risk capital requirement for each of 
the three default risk categories (three position types that could 
incur default risk) using the following five steps.
    First, for each of the three default risk categories, the banking 
organization would be required to group instruments with similar risk 
characteristics throughout an economic cycle into the defined default 
buckets as described in more detail below.
    Second, to estimate the position-level losses from an immediate 
issuer default, the banking organization would be required to calculate 
the gross default exposure separately for each default risk position. 
Additionally, the banking organization would be required to determine 
the long and short direction of the gross default exposure based on 
whether it would experience a loss (long) or gain (short) in the event 
of a default.
    Third, to estimate the portfolio-level losses of a trading desk 
from an immediate issuer default, the banking organization would be 
required to calculate the net default exposure for each obligor by 
offsetting the gross long and short default exposures to the same 
obligor, where permitted.
    Fourth, to estimate and recognize hedging benefit between net long 
and net short position of different issuers within the same default 
bucket, the banking organization would be required to calculate the 
hedge benefit ratio and apply the prescribed risk weights \439\ to the 
net default exposures within the same default bucket for the class of 
instruments.\440\ In general, the proposed buckets and associated risk 
weights closely follow those in the Basel standards, which are 
calibrated to reflect a through-the-cycle probability of default. The 
hedge benefit ratio is calculated based on the aggregate net long 
default positions and the aggregate net short default positions. It is 
intended to recognize the partial hedging of net long and net short 
default positions in distinct obligors due to systematic risk. The 
bucket-level default risk capital requirement would equal (1) the sum 
of the risk-weighted net long default positions minus (2) the product 
of the hedge benefit ratio and the sum of the risk-weighted absolute 
value of the net short default positions. For non-securitization debt 
and equity positions and securitization positions non-CTP, the results 
of this calculation would be floored at zero.
---------------------------------------------------------------------------

    \439\ The proposal would require a banking organization that 
applies a hypothetical portfolio approach to apply the highest risk 
weight that is applicable under the investment limits of an equity 
position in an investment fund that may invest in primarily high-
yield or distressed names under the fund's mandate by first applying 
the highest risk weight that is applicable under the fund's 
investment limits to defaulted instruments, followed by sub-
speculative grade, then speculative grade, then investment grade 
securities. A banking organization may not recognize any offsetting 
or diversification benefit when calculating the average risk weight 
of the fund. See Sec.  __.205(e)(3)(ii) of the proposed rule.
    \440\ Specifically, a banking organization would first calculate 
the hedge benefit ratio (the total net long jump-to-default risk 
positions (numerator) divided by the sum of the total net long jump-
to-default risk positions and the sum of the absolute value of the 
total net short positions (denominator), and then calculate the 
risk-weighted exposure for each risk bucket by multiplying the 
aggregate total net jump-to-default exposure by the risk weight 
prescribed for the applicable risk bucket.
---------------------------------------------------------------------------

    Fifth, to calculate the default risk capital requirement for each 
default risk category, the banking organization would sum the bucket-
level capital requirements (except for correlation trading positions). 
The aggregation for correlation trading positions is not the simple sum 
but is the sum of the risk-bucket level capital requirements for the 
net long default exposures plus half of the sum of the risk-weighted 
exposures for the net short default exposures as further described in 
section V.A.9.c.iii. of this SUPPLEMENTARY INFORMATION. For 
conservatism, the proposal would require a banking organization to 
calculate the total default risk capital requirement as the sum of each 
of the default risk category level capital requirements without 
recognizing any diversification benefits across different types of 
default risk categories.
a. Non-Securitization Debt or Equity Positions
i. Gross Default Exposure
    Under the proposal, the default risk capital requirement for non-
securitization debt or equity positions would generally follow the 
calculation steps described above. To calculate the gross default 
exposure for each non-securitization debt or equity position, the 
proposal would require a banking organization to multiply the notional 
amount (face value) of the instrument and the prescribed loss given 
default (LGD) rate \441\ to determine the total potential loss of 
principal at default and then add the cumulative profits (losses) 
already realized on the position to avoid double-counting realized 
losses, with one exception.\442\ The proposed calculation methodology 
is intended to appropriately quantify the gross default risk for most 
securities, including those that are less common.
---------------------------------------------------------------------------

    \441\ The loss rate from default is one minus the recovery rate.
    \442\ As losses are recorded as a negative value, effectively 
they would be subtracted from the overall exposure amount.
---------------------------------------------------------------------------

    For the purpose of calculating the gross default exposure for each 
non-securitization debt or equity position, the proposal would require 
banking

[[Page 15068]]

organizations to use the following LGD rates, which are generally 
consistent with those in the Basel standards: 100 percent for equity 
and non-senior debt instruments, and defaulted positions,\443\ 75 
percent for senior debt instruments, unless a lower LGD is assigned, 75 
percent for GSE debt issued but not guaranteed by the GSEs, 50 percent 
for U.S. PSEs,\444\ 25 percent for GSE debt guaranteed by the GSEs, 25 
percent for covered bonds, and zero percent for instruments whose value 
is not linked to the recovery rate of the issuer.\445\ GSE debt issued 
and guaranteed by the GSEs is secured generally by residential 
properties that satisfy the specific underwriting standards of the GSEs 
(for example, loan-to-value ratios of less than 80 percent), and 
include a guarantee on the repayment of principal by the GSE. As these 
characteristics are economically similar to the requirements for 
covered bonds, the proposal would extend the LGD rate applied to 
covered bonds to GSE debt issued and guaranteed by the GSEs to 
appropriately capture the expected losses of such positions in the 
event of default. As GSE debt instruments issued but not guaranteed by 
the GSEs are similarly secured by high-quality residential mortgages, 
the proposal would allow banking organizations to treat such exposures 
as senior debt (subject to a 75 percent LGD rate) rather than apply the 
higher proposed risk weight for equity and non-senior debt instruments. 
For debt positions in U.S. PSEs, the proposal would allow a banking 
organization to apply an LGD rate aligned with the average loss given 
default for such entities, rather than applying the higher LGD rate for 
senior debt. For credit derivatives, a banking organization would be 
required to use the LGD rate of the reference exposure.
---------------------------------------------------------------------------

    \443\ The proposal would allow a banking organization to treat a 
distressed position as a defaulted position for the purpose of 
calculating market risk capital requirements. Furthermore, to 
prevent situations when the default capital requirement would 
increase the capital requirements for defaulted positions beyond the 
maximum potential loss, a banking organization would be able to 
calculate the gross default exposure for defaulted positions by 
multiplying the current market value and the prescribed LGD rate.
    \444\ The proposed LGD rate for U.S. PSEs is consistent with the 
debt-size weighted average LGD rate using Moody's municipal bonds 
data between 1970 and 2022. The debt-size weighted average LGD rate 
is derived as one minus the ultimate recovery rate, which is based 
on the recovery value creditors actually received at the resolution 
of the default relative to what the creditors should have 
contractually received inclusive of any accrued interest. For 
issuers with a range of estimated recovery rates, the proposed LGD 
rate is consistent with both the worst LGD and the mid-point LGD, 
for municipal bonds over this period. The data used in the analysis 
is from Moody's data on U.S. municipal bond defaults and recoveries 
1970-2022 published by Moody's Investors Service Data Report. See 
Moody's Investors Service Data Report, U.S. Municipal Bond Defaults 
and Recoveries, 1970-2022 (July 19, 2023).
    \445\ For example, in the case of a call option on a bond, the 
notional amount to be used in the jump-to-default calculation would 
be zero given that in the event of default the call option would not 
be exercised (the default would extinguish the call option's value, 
with the loss captured through the reduced fair value of the 
position).
---------------------------------------------------------------------------

    For consistency across banking organizations, the proposal 
specifies that a banking organization would be required to reflect the 
notional amount \446\ of a non-securitization debt or equity position 
that gives rise to a long gross default exposure as a positive value 
and the corresponding loss as a negative value, and those that produce 
a short exposure as a negative value and the corresponding gain as a 
positive value. If the contractual or legal terms of a derivative 
contract allow for the unwinding of the instrument, with no exposure to 
default risk, the gross default exposure would equal zero.
---------------------------------------------------------------------------

    \446\ For all non-securitization debt or equity positions, the 
notional amount would equal the amount of the non-securitization 
debt or equity position relative to which the loss of principal is 
calculated. For a call option on a non-securitization position, the 
notional amount to be used in the gross default exposure calculation 
would be zero.
---------------------------------------------------------------------------

    Question 169: The agencies request comment on whether the proposed 
formula for calculating gross default exposure appropriately captures 
the gross default risk for all types of non-securitization debt and 
equity instruments. What, if any, positions exist for which the formula 
cannot be applied? What is the nature of such difficulties and how 
could such concerns be mitigated? In particular, the agencies seek 
comment on whether the proposed formula appropriately captures the 
gross default risk of convertible instruments.
    Question 170: The agencies request comment on the appropriateness 
of the proposed LGD rates for non-securitization debt or equity 
positions. What, if any, changes should the agencies consider making to 
the categories to appropriately differentiate the LGD rates for various 
instruments or for instruments with different seniority (for example, 
senior versus non-senior)?
ii. Net Default Exposure
    To calculate the net default exposure for non-securitization debt 
or equity positions, the proposal would permit a banking organization 
to recognize either full or partial offsetting of the gross default 
exposures for long and short positions if both reference the same 
obligor and the short positions have the same or lower seniority as the 
long positions.\447\ To appropriately reflect the net default risk, the 
proposed calculation would not allow a banking organization to 
recognize any offsetting of the gross default exposure for market risk 
covered positions where the obligor is not identified, such as equity 
positions in an investment fund, index instruments, and multi-
underlying options for which a banking organization elects to calculate 
a single risk factor sensitivity (not to apply the look-through 
approach).
---------------------------------------------------------------------------

    \447\ For a market risk covered position that has an eligible 
guarantee, to determine if the exposure is to the underlying obligor 
or an exposure to the eligible guarantor, the credit risk mitigation 
requirements set out in the Sec.  __.36 of the current capital rule 
and Sec.  __.120 of the proposed rule would apply. See 12 CFR 3.36 
(OCC); 12 CFR 217.36 (Board); 12 CFR 324.36 (FDIC).
---------------------------------------------------------------------------

    As the GSEs can default independently of one another, the agencies 
are clarifying that banking organizations should treat Federal National 
Mortgage Association (Fannie Mae), Federal Home Loan Mortgage 
Corporation (Freddie Mac), the Federal Agricultural Mortgage 
Corporation (Farmer Mac) and a Federal Home Loan Bank as separate 
obligors. As the single security initiative led by Fannie Mae and 
Freddie Mac has homogenized the mortgage pool and security 
characteristics for Uniform Mortgage-Backed Securities (UMBS), the 
proposal would allow the banking organization to fully offset UMBS that 
are issued by two different obligors.
    Full offsetting would be permitted for short and long market risk 
covered positions with maturities greater than one year or positions 
with perfectly matching maturities provided other criteria are met such 
as if both long and short positions reference the same obligor and the 
short positions have the same or lower seniority as the long positions. 
To determine the offsetting treatment for market risk covered positions 
with maturities of one year or less, a banking organization would be 
required to scale the gross default exposure by the fraction of a year 
corresponding to the maturity of the instrument, subject to a three-
month floor. In the case where long and short gross default exposures 
both have maturities of one year or less, scaling would apply to both 
the long and short gross default exposure. By allowing only partial 
offsetting, the proposed scaling approach is intended to appropriately 
reflect the risk posed by maturity mismatch between exposures and their 
hedges within the one-year capital horizon. For example, under the 
proposal, the gross default exposure for an instrument with a six-month

[[Page 15069]]

maturity would be weighted by one-half, whereas that for a one-week 
repurchase agreement would be prescribed a three-month maturity and 
weighted by one-fourth.
    The proposal would permit a banking organization to assign a 
maturity of either three months or one year to cash equity positions 
that do not have a stated maturity. For derivative transactions, the 
proposal would require a banking organization to use the maturity of 
the derivative contract, rather than that of the underlying, to 
determine the applicable scaling factor. To prevent broken hedges for 
equity and derivative positions, the proposal would allow banking 
organizations to assign the same maturity to a cash equity position as 
the maturity of the derivative contract it hedges (permit full 
offsetting). Similarly, the proposal would allow a banking organization 
to align the maturity of an instrument with that of a derivative 
contract for which that instrument could be delivered to satisfy the 
derivative contract, and thus permit full offsetting between the 
instrument and the derivative. For example, a banking organization may 
assign the maturity of a derivative contract in the to-be-announced 
(TBA) market that is hedging a security interest in a pool of mortgages 
to that security interest provided that the delivery of the security 
interest would satisfy the delivery terms of the TBA derivative 
contract.
    The net default exposure to an issuer would be the sum of the 
maturity-weighted default exposures to the issuer.
    Question 171: The agencies request comment on the appropriateness 
of allowing banking organizations to net the gross default exposures of 
derivative contracts and the underlying positions that are deliverable 
to satisfy the derivative contract. What, if any, additional criteria 
should the agencies consider to further clarify the netting of gross 
default exposures and why? What, if any, positions should the agencies 
consider allowing to net that would not exhibit default risk? What 
would be the advantages and disadvantages of allowing a banking 
organization to offset short dated futures with longer-dated 
derivatives when the underlying exposures match, and why?
iii. Buckets and Corresponding Risk Weights
    Table 1 to Sec.  __.210 of the proposed rule provides the proposed 
default buckets and corresponding risk weights for non-securitization 
debt or equity positions, which reflect counterparty type and credit 
quality, respectively. Under the proposal, the buckets and applicable 
risk weights would distinguish between the type of obligor based on 
whether the exposure is to a non-U.S. sovereign, a public sector entity 
or GSE, or a corporate and include a single bucket for defaulted 
positions.
    To capture the credit quality of the obligor, the proposal would 
define the default buckets in a manner that is generally consistent 
with those provided in the Basel standards but uses alternative 
criteria. The default buckets for non-securitization positions in the 
Basel standards are defined based on the applicable credit ratings of 
the reference entity. As discussed previously in section 
V.A.7.a.iii.II. of this SUPPLEMENTARY INFORMATION, the proposed 
approach does not rely on external credit ratings but allows for a 
level of granularity in the default buckets (and corresponding risk 
weights) applicable to non-securitization positions that is generally 
consistent with the Basel standards. Specifically, the proposal would 
define the default buckets and corresponding risk weights for non-
securitization positions based on the definition for investment grade 
in the agencies' existing capital rule and the proposed definitions of 
speculative grade and sub-speculative grade.\448\
---------------------------------------------------------------------------

    \448\ The agencies propose to modify the Basel standards' 
ratings-based risk weights, as in previous rules, to instead use 
grade-based risk weights, calculated as a weighted average of the 
ratings-based risk weights. The weighting scheme for this 
calculation would be derived from the notional amount of bond 
issuances in each grade category from 2007 through 2019. For this 
analysis, the agencies used the Mergent Fixed Income Securities 
Database to identify bond notional issuance amounts for the period 
from January 1, 2007 through December 31, 2019. See LSEG Mergent, 
https://wrds-www.wharton.upenn.edu/pages/about/data-vendors/lseg-mergent/. This look back period (from January 1, 2007 to December 
31, 2019) was selected to: (i) capture issuance activity across 
varying market conditions, including pre-crisis, crisis, and initial 
recovery phases; (ii) ensure sufficient data availability, 
reliability, and through the cycle stability. The methodology 
employed by the agencies proceeded in two distinct analytical 
stages. First, the original Basel III standardized approach risk 
weights based on external credit ratings, as set forth in the Basel 
Committee on Banking Supervision's finalized standards published in 
December 2017 and revised in 2019, were adjusted by the 
proportionate share of bond issuances in each corresponding Basel 
rating category during the look back period (January 1, 2007-
December 31, 2019). This adjustment reflects the actual distribution 
of market issuance activity across rating grades and serves to 
calibrate the risk weights to observed market behavior rather than 
theoretical rating-based classifications. Second, following this 
proportionate adjustment, the ratings-based risk weights were 
collapsed and consolidated to form three simplified creditworthiness 
categories: (a) ``Investment Grade,'' (b) ``Non-Investment Grade,'' 
and (c) ``Sub-Investment Grade.'' This categorical consolidation was 
applied uniformly across three principal exposure types: corporate 
exposures, public sector entity (PSE) exposures, and sovereign 
exposures. The agencies determined that this two-stage methodology--
consisting of proportionate adjustment followed by categorical 
consolidation--achieves an appropriate balance among the following 
regulatory objectives: (i) alignment with the fundamental risk-
sensitivity principles underlying the Basel framework; (ii) 
consistency with Section 939A of the Dodd-Frank Wall Street Reform 
and Consumer Protection Act (codified at 15 U.S.C. 78o-7 note); 
(iii) operational simplicity and administrability for banking 
organizations of varying sizes and complexity; (iv) consistency with 
observed market issuance patterns during the relevant look back 
period (January 1, 2007-December 31, 2019); and (v) stability of 
risk weights across credit cycles.
---------------------------------------------------------------------------

    Question 172: The agencies solicit comment on the appropriateness 
of the proposed risk weights and granularity in Table 1 to Sec.  
__.210. What, if any, alternative approaches should the agencies 
consider for assigning risk weights that would be consistent with the 
prohibition on the use of credit ratings? Commenters are encouraged to 
provide specific details on the mechanics of and rationale for any 
suggested methodology.
b. Securitization Positions Non-CTP
    For securitization positions non-CTP, the process to calculate the 
default risk capital requirement would be identical to that for non-
securitization positions, except for the gross default exposure 
calculation, the offsetting of long and short exposures in the net 
default exposure calculation, and the proposed buckets and 
corresponding risk weights.
i. Gross Default Exposure
    Under the proposal, the gross default exposure for a securitization 
position non-CTP equals the position's market value. As the proposed 
bucket-level risk weights described in section V.A.7.a.iii.II. of this 
SUPPLEMENTARY INFORMATION would already reflect the LGD rates for such 
positions, a banking organization would not apply an LGD rate to 
calculate the gross default exposure.
ii. Net Default Exposure
    First, the proposal would allow offsetting between securitization 
exposures with the same underlying asset pool and belonging to the same 
tranche. No offsetting would be permitted between securitization 
exposures with different underlying asset pools, even where the 
attachment and detachment points are the same.
    Second, the proposal would permit a banking organization to offset 
the gross default exposure of a securitization position non-CTP with 
one or more non-securitization positions by decomposing the exposure of 
non-tranched index

[[Page 15070]]

instruments and replicating the exposures that make up the entire 
capital structure of the securitized position. Additionally, a banking 
organization would be required to exclude non-securitization positions 
that are recognized as offsetting the gross default exposure of a 
securitization position non-CTP from the calculation of the default 
risk capital requirement for non-securitization debt and equity 
positions.
    Third, the proposal would allow a banking organization to offset 
the gross default exposure of a securitization position non-CTP through 
decomposition if a collection of short securitization positions non-CTP 
replicates a collection of long securitization positions non-CTP. For 
example, if a banking organization holds a long position in the 
securitization, and a short position in a mezzanine tranche that 
attaches at 3 percent and detaches at 10 percent, the proposal would 
permit the banking organization to decompose the securitization into 
three tranches and offset the gross default exposures for the common 
portion of the securitization (3-10 percent). In this case, the net 
default exposure would reflect the long positions in the 0-3 percent 
tranche and in the 10-100 percent tranche.
    Question 173: The agencies seek comment on the proposed netting and 
decomposition criteria for calculating the net default exposure for 
securitization positions non-CTP. What, if any, alternative non-model-
based methodologies should the agencies consider that would 
conservatively recognize some hedging benefits but still capture the 
basis risk between non-identical positions?
iii. Buckets and Corresponding Risk Weights
    To promote consistency and comparability in risk-based capital 
requirements across banking organizations, the proposal would define 
the bucket structure that a banking organization would be required to 
use to group securitization positions non-CTP. Specifically, the 
proposal would require a banking organization to classify 
securitization positions non-CTP as corporate positions or based on the 
asset class and the region of the underlying assets, following market 
convention.\449\ Under the proposal, a banking organization would 
assign each position to one bucket, and those with underlying exposures 
in the same asset class and region to the same bucket. Additionally, 
the proposal would require a banking organization to assign any 
position that is not a corporate position and that it cannot assign to 
a specific asset class or region to one of the ``other'' buckets.\450\
---------------------------------------------------------------------------

    \449\ The proposal would define the asset class buckets along 
two dimensions: asset class and region. The region risk buckets 
would include Asia, Europe, North America, and other. The asset 
class risk buckets would include asset-backed commercial paper, auto 
loans/leases, residential mortgage-backed securities, credit cards, 
commercial mortgage-backed securities, collateralized loan 
obligations, collateralized debt obligations squared, small and 
medium enterprises, student loans, other retail, and other 
wholesale. See Sec.  __.210(c)(3)(B) of the proposed rule.
    \450\ Under the proposal, the other buckets would include other 
retail and other wholesale (for asset class) and other (for region). 
See Sec.  __.210(c)(3)(B) of the proposed rule.
---------------------------------------------------------------------------

    For consistency in the capital requirements for securitizations 
under either the standardized approach or the expanded risk-based 
approach, as applicable, and to recognize credit subordination,\451\ 
the proposed risk weights for securitization positions non-CTP are 
based on the proposed risk weights calculated for securitization 
exposures under either the proposed standardized approach or expanded 
risk-based approach of the capital rule.
---------------------------------------------------------------------------

    \451\ For example, consistent with the existing SSFA, the 
proposed SEC-SA would use the risk weights applicable to the 
underlying exposures within the general credit risk framework to 
calculate the risk weight for the securitization exposure. The SEC-
SA calculates the risk weight for a securitization exposure based on 
characteristics of the tranche, such as the attachment and 
detachment points and quality of the underlying collateral.
---------------------------------------------------------------------------

    To calculate the default risk capital requirement for 
securitization positions non-CTP, a banking organization would sum the 
bucket-level capital requirements, except that a banking organization 
could cap the default risk capital requirement for an individual cash 
securitization position non-CTP at its fair value. For cash positions, 
the maximum loss on the exposure would not exceed the fair value of the 
position even if each of the underlying assets of the securitization 
were to immediately default. Furthermore, the proposed treatment would 
align with the maximum potential capital requirement for 
securitizations under either the standardized approach or the expanded 
risk-based approach, as applicable, of the capital rule.\452\
---------------------------------------------------------------------------

    \452\ See Sec.  __.44(a) of the current capital rule and Sec.  
__.132(a)(3) of the proposed rule.
---------------------------------------------------------------------------

    Question 174: The agencies request comment on the proposed buckets. 
What are the potential benefits and drawbacks of aligning the default 
bucketing structure with the proposed delta buckets for securitization 
positions non-CTP in the sensitivities-based method? Commenters are 
encouraged to provide information regarding any associated burden, 
complexity, and capital impact of such an alignment.
c. Correlation Trading Positions
    The process to calculate the default risk capital requirement for 
correlation trading positions would be the same as that for non-
securitization debt and equity positions, except for the metrics used 
to measure gross default exposure, the offsetting of long and short 
exposures in the net default exposure calculation, the buckets, and the 
aggregation of the bucket level exposures across buckets.
i. Gross Default Exposure
    Under the proposal, the gross default exposure for a correlation 
trading position equals the position's market value. To calculate the 
gross default exposure for correlation trading positions that are nth-
to-default positions, the proposal would require a banking organization 
to treat such positions as tranched positions and to calculate the 
attachment point as (N-1) divided by the total number of single names 
in the underlying basket or pool and the detachment point as N divided 
by the total number of single names in the underlying basket or pool. 
The proposed calculation is intended to appropriately reflect the 
credit subordination of such positions.
ii. Net Default Exposure
    Similar to securitization positions non-CTP, to increase risk 
sensitivity and permit greater offsetting of substantially similar 
exposures, the proposal would permit banking organizations to offset 
gross long and short default exposures in specific cases.
    First, the proposal would allow a banking organization to offset 
the gross default exposure of correlation trading positions that are 
otherwise identical except for maturity, including index tranches of 
the same series. This means the offsetting positions would need to have 
the same underlying index family of the same series, and the same 
attachment and detachment points.
    Second, the proposal would allow a banking organization to offset 
the gross default exposure of long and short exposures of tranches that 
are perfect replications of non-tranched correlation trading positions. 
For example, the proposal would allow a banking organization to offset 
the gross default exposure of a long position in the CDX.NA.IG.24 index 
with short positions that together comprise the entire index position 
(for example, three distinct tranches that attach and detach

[[Page 15071]]

at 0-3 percent, 3-10 percent, and 10-100 percent, respectively).
    Third, the proposal would allow a banking organization to offset 
the gross default exposure of indices and single-name constituents in 
the indices through decomposition when the long and the short gross 
default exposures are otherwise equivalent except for a residual 
component. Under the proposal, a banking organization would account for 
the residual exposure in the calculation of the net default exposure. 
In such cases, the proposal would require that the decomposition into 
single-name equivalent exposures account for the effect of marginal 
defaults of the single names in the tranched correlation trading 
position. Such decomposition generally would be permissible for 
correlation trading positions (for example, vanilla CDOs, index 
tranches or bespoke indices), but would be prohibited for exotic 
securitizations (for example, CDO squared).
    Fourth, the proposal would allow a banking organization to offset 
the gross default exposure of different series (non-tranched) of the 
same index through decomposition when the long and the short gross 
default exposures are otherwise equivalent except for a residual 
component. Under the proposal, a banking organization would account for 
the residual exposure in the calculation of the net default exposure. 
For example, assume that a banking organization holds a long position 
in a CDS index that references 125 underlying credits and a short 
position in the next series of the index that also references 125 
credits. The two indices share the same 123 reference credits, such 
that there are two unique credits in each index. Under the proposal, a 
banking organization could offset the 123 names through decomposition, 
in which case the net default exposure would reflect only the two 
unique single-name credits for the long index position and the two 
unique single-name credits for the short index position. Similarly, a 
banking organization could offset the long exposure in 125 credits by 
selling short an index that contains 123 of those same credits. In this 
case, only the two residual names would be reflected in the net default 
exposure.
    Fifth, the proposal would allow a banking organization to offset 
different tranches of the same index and series through replication and 
decomposition and calculate a net default exposure on the unique 
component only, if the residual component has the attachment and 
detachment point nested with the original tranche or the combination of 
tranches. In such cases, the banking organization would be required to 
account for the residual component of the unhedged tranche within the 
default risk capital requirement. For example, assume that a banking 
organization holds long positions in two tranches, one that attaches at 
5 percent and detaches at 10 percent and another that attaches at 10 
percent and detaches at 15 percent. To hedge this position, the banking 
organization holds a short position in a tranche on the same index that 
attaches at 5 percent and detaches at 20 percent. In this case, the 
banking organization's net default exposure would only be for the 
residual portion of the tranche that attaches at 15 percent and 
detaches at 20 percent.
iii. Buckets and Corresponding Risk Weights
    For correlation trading positions, the proposal would define 
buckets by index, each index would comprise its own bucket.\453\ Under 
the proposal, a bespoke correlation trading position would be assigned 
to its own unique bucket, unless it is substantially similar to an 
index instrument, in which case the bespoke position would be assigned 
to the bucket corresponding to the index. For a non-securitization 
position that hedges a correlation trading position, a banking 
organization would be required to assign such position and the 
correlation trading position to the same bucket.
---------------------------------------------------------------------------

    \453\ A non-exhaustive list of indices include: the CDX North 
America IG, iTraxx Europe IG, CDX HY, iTraxx XO, LCDX (loan index), 
iTraxx LevX (loan index), Asia Corp, Latin America Corp, Other 
Regions Corp, Major Sovereign (G7 and Western Europe) and Other 
Sovereign.
---------------------------------------------------------------------------

    For consistency in the proposed capital requirements for 
securitizations under either the standardized approach or the expanded 
risk-based approach of the capital rule and to recognize credit 
subordination,\454\ the proposed risk weights corresponding to the 
proposed buckets for correlation trading positions are based on the 
proposed treatment under either the standardized approach or the 
expanded risk-based approach of the capital rule.\455\ For non-tranched 
hedges of correlation trading positions or decomposed single-name 
exposures, the proposal would allow a banking organization to apply the 
same risk weights and loss given default rates as for non-
securitization debt or equity positions, provided that such hedges or 
decomposed single-name exposures are excluded from the default risk 
capital requirement for non-securitization debt or equity positions.
---------------------------------------------------------------------------

    \454\ For example, consistent with the existing SSFA, the 
proposed SEC-SA would use the risk weights applicable to the 
underlying exposures within the general credit risk framework to 
calculate the risk weight for the securitization exposure. The SEC-
SA calculates the risk weight for a securitization exposure based on 
characteristics of the tranche, such as the attachment and 
detachment points and quality of the underlying collateral.
    \455\ See Sec.  __.42 of the current capital rule and Sec.  
__.132 of the proposed rule.
---------------------------------------------------------------------------

    The agencies recognize that the granularity of the proposed bucket 
structure could result in several individual buckets containing only 
net short exposures and thus overstate the offsetting benefits of non-
identical exposures if the total default risk capital requirement for 
correlation trading positions was calculated as a sum of the bucket-
level capital requirements. To appropriately limit the benefit of 
buckets with short default exposures offsetting those with long 
exposures, the total default risk capital requirement for correlation 
trading positions would be calculated as the sum of the risk-bucket 
level capital requirements for the net long default exposures plus half 
of the sum of the risk-weighted exposures for the net short default 
exposures.
10. Treatment of Certain Market Risk Covered Positions
    To promote consistency and comparability in the risk-based capital 
requirements across banking organizations and to help ensure 
appropriate capitalization of positions subject to the proposed market 
risk framework, the proposal would clarify the treatment of certain 
market risk covered positions under the standardized and models-based 
measures for market risk.
a. Net Short Risk Positions
    The proposal would require a banking organization to calculate on a 
quarterly basis its exposure arising from any net short credit or 
equity position.\456\ A banking organization would be required to 
include any net short risk position of at least $20 million, adjusted 
to reflect CPI-W, in its total market risk capital requirement for the 
entire quarter, under both the standardized measure for market risk and 
the models-based measure for market risk, as applicable.
---------------------------------------------------------------------------

    \456\ See section V.A.4.b. of this SUPPLEMENTARY INFORMATION for 
a more detailed discussion on net short risk positions.
---------------------------------------------------------------------------

    The proposed quarterly approach is intended to reduce operational 
burden of requiring a banking organization to capture temporary or 
small differences arising from fluctuations in the value of positions 
subject to the credit risk framework. Further, the proposed quarterly 
calculation requirement should help ensure that banking

[[Page 15072]]

organizations are appropriately managing and monitoring net short risk 
positions arising from exposures subject to the standardized approach 
or the expanded risk-based approach of the capital rule at intervals of 
sufficient frequency to prevent the formation of non-negligible net 
short risk positions.
    As proposed it may be difficult for a banking organization to apply 
the standardized non-default capital requirement or models-based non-
default capital requirement to net short risk positions given that the 
composition of any particular net short position could contain a 
different combination of various underlying instruments. Therefore, if 
unable to calculate a risk factor sensitivity for a net short risk 
position, the proposal would require the banking organization to 
calculate market risk capital requirements using the fallback capital 
requirement as described in section V.A.3.d. of this SUPPLEMENTARY 
INFORMATION.
b. Securitization Positions and Defaulted and Distressed Market Risk 
Covered Positions
    The proposal would require a banking organization to calculate 
market risk capital requirements for securitization positions using the 
standardized non-default capital requirement or the fallback capital 
requirement, as applicable. The proposed treatment would address 
regulatory arbitrage concerns as well as deficiencies in the modelling 
of securitization positions that became more evident during the course 
of the financial crisis that began in mid-2007.\457\
---------------------------------------------------------------------------

    \457\ As discussed further in section V.A.6.d.i. of this 
SUPPLEMENTARY INFORMATION, model-eligible trading desk would be 
allowed to hold insignificant amounts of model-ineligible positions, 
including securitization positions. For model-eligible trading desks 
that hold insignificant amounts of such positions, the proposal 
would require a banking organization to exclude any model-ineligible 
positions held by the model-eligible trading desk from (1) the 
aggregate trading portfolio backtesting; and (2) the relevant desk-
level backtesting and profit and loss attribution metric, unless the 
banking organization receives approval from its primary Federal 
supervisor to include such positions.
---------------------------------------------------------------------------

    The proposal would require a banking organization to include 
defaulted market risk covered positions in the default risk capital 
requirement. The proposal would allow a banking organization to extend 
the treatment of defaulted market risk covered positions to distressed 
market positions. Such positions are not required to be included in the 
standardized non-default capital requirement or in the models-based 
non-default capital requirement. Generally, distressed and defaulted 
positions trade based on recovery, which is not driven by or reflective 
of the credit spread of the issuer. Therefore, in addition to being 
operationally difficult, requiring a banking organization to calculate 
the sensitivity of such positions to changes in credit spreads may not 
be appropriate for the purposes of quantifying the risk posed by such 
positions. Additionally, subjecting defaulted and distressed positions 
to capital requirements under the standardized or models-based non-
default capital requirement would increase the capital requirements for 
such positions beyond the maximum potential loss of such holdings, as 
the default risk capital requirement already assigns a 100 percent risk 
weight and 100 percent LGD to such exposures. If a banking organization 
is unable to calculate the default risk capital requirement for such 
positions, the proposal would require the banking organization to 
calculate market risk capital requirements using the fallback capital 
requirement.\458\
---------------------------------------------------------------------------

    \458\ As described in more detail in section V.A.3.d. of this 
SUPPLEMENTARY INFORMATION, the fallback capital requirement would 
apply in instances where a banking organization is unable to 
calculate market risk capital requirements for one or more of its 
market risk covered positions under either the standardized non-
default capital requirement, the models-based non-default capital 
requirement, if eligible, or the default risk capital requirement.
---------------------------------------------------------------------------

    As the amount of regulatory capital required under the fallback 
capital requirement would equal the absolute fair value of the 
position, the proposal would cap the overall market risk capital 
requirement for defaulted, distressed, and securitization positions at 
the maximum loss of the position. By capping the regulatory capital 
requirement for such positions at the total potential loss that a 
banking organization could incur from holding such positions, the 
proposal would align the risk-based requirements under the standardized 
and models-based non-default capital requirements, as applicable, with 
those under the fallback capital requirement.
c. Hybrid Instruments
i. Standardized Non-Default Capital Requirement
    Hybrid instruments are instruments that have characteristics in 
common with both debt and equity instruments, including traditional 
convertible bonds. As hybrid instruments primarily react to changes in 
interest rates, issuer credit spreads, and equity prices, the proposal 
would require a banking organization to assign risk sensitivities for 
these instruments into the interest rate risk class, credit spread risk 
class for non-securitization positions, and equity risk class, as 
applicable, when calculating the delta, curvature, and vega capital 
requirements under the sensitivities-based method.
ii. Default Risk Capital Requirement
    For the default risk capital requirement, the proposal would 
require a banking organization to decompose a hybrid instrument into a 
non-securitization position and an equity position and calculate the 
default risk capital requirement for each position respectively. For 
example, a convertible bond can be decomposed into a vanilla bond and 
an equity call option. The notional amount to be used in the 
calculation of the default risk capital requirement for the vanilla 
bond is the notional amount of the convertible bond. The notional 
amount to be used in the calculation of the default risk capital 
requirement for the call option is zero (because, in the event of 
default, the call option will not be exercised). In this case, a 
default of an issuer of the convertible bond would extinguish the call 
option's value and this loss would be captured through the profit and 
loss component of the gross default exposure amount calculation. The 
default risk capital requirement for the convertible bond would be the 
sum of the default risk capital of the vanilla bond and the default 
risk capital requirement for the equity option.
d. Index Instruments and Multi-Underlying Options
i. Standardized Non-Default Capital Requirement
    When calculating the delta and curvature capital requirements under 
the sensitivities-based method for index instruments and multi-
underlying options, the proposal would allow a banking organization to 
apply the look-through approach or the single sensitivity approach.
    The look-through approach would require a banking organization to 
identify the underlying positions of the index instrument or multi-
underlying option and calculate market risk capital requirements as if 
the banking organization directly held the underlying exposures. Under 
the proposal, a banking organization would be required to apply the 
look-through approach consistently through time and for all positions 
that reference the same index. The proposed look-through approach would 
align the treatment of such instruments with that of single-name 
positions and thus provide greater hedging recognition by allowing such 
instruments to net with single-name

[[Page 15073]]

positions issued by the same company. Specifically, a banking 
organization would be able to net risk factor sensitivities of such 
positions of the index instrument or multi-underlying option and other 
single-name positions without restriction when calculating delta and 
curvature capital requirements under the sensitivities-based method.
    The single sensitivity approach would require a banking 
organization to calculate a single sensitivity to the index and then 
assign the index instrument or multi-underlying option to a relevant 
bucket to calculate the delta and curvature capital requirements. To 
assign the sensitivity of the index to the relevant sector or index 
bucket, the proposal includes a waterfall approach as a simple and 
risk-sensitive method to appropriately reflect the risk of such 
positions based on the risk and diversification of the underlying 
assets. For indices where at least 75 percent of the notional value of 
the underlying constituents relate to the same sector (sector-specific 
indices), taking into account the weightings of the index, the 
sensitivity would be assigned to the corresponding sector bucket; 
otherwise, the proposal would require a banking organization to assign 
the sensitivity to an appropriate index bucket. For equity indices that 
are not sector specific, the proposal would require a banking 
organization to assign the sensitivity to the large market cap and 
liquid market economy (non-sector specific) equity indices bucket if 
least 75 percent of the market value of the index constituents met both 
the large market cap and liquid market economy criteria, and to the 
other equity indices (non-sector specific) bucket otherwise. For credit 
indices that are not sector specific, the sensitivity would be assigned 
to the investment grade indices bucket if the credit quality of at 
least 75 percent of the notional value of the underlying constituents 
is investment grade, and to the speculative grade and sub-speculative 
grade indices bucket otherwise.\459\ To the extent a credit or an 
equity index spans multiple risk classes, the proposal would require 
the banking organization to allocate the index proportionately to the 
relevant risk classes following the above methodology. For credit 
indices the proposal would allow a banking organization to use delta 
sensitivity for equity risk of the index adjusted by the index's 
effective duration as a proxy to calculate delta sensitivity for 
interest rate risk and credit spread risk for non-securitizations in 
the sensitivities-based method. This approach would help ensure a more 
risk sensitive treatment of credit indices when the look-through 
approach is not possible or practical. Furthermore, a banking 
organization would need to assign credit spread risk and interest rate 
risk delta sensitivities to the closest tenors using interpolation. The 
delta sensitivity for interest rate risk should be assigned based on 
currency. To calculate the vega capital requirement for options on 
credit indices under the single sensitivity approach, the proposal 
would require a banking organization to follow the steps outlined in 
section V.A.7.a.ii.I. of this SUPPLEMENTARY INFORMATION and use the 
same buckets as applied in the delta capital calculation. When 
calculating curvature for options on credit indices, the proposal would 
allow a banking organization to use a single shock measured as the 
delta risk weight multiplied by the index's effective duration.
---------------------------------------------------------------------------

    \459\ See section V.A.7.a.iii. of this SUPPLEMENTARY INFORMATION 
for a more detailed description on the assignment of delta 
sensitivities to the prescribed buckets under the proposed 
sensitivities-based method.
---------------------------------------------------------------------------

    When calculating vega capital requirements for index instruments 
and multi-underlying options (including index options), the proposal 
would permit, but not require, a banking organization to apply the 
look-through approach and calculate the vega capital requirements based 
on the implied volatility of options on the underlying constituents. 
Alternatively, under the proposal, a banking organization could 
calculate the vega capital requirement for multi-underlying options 
based on the implied volatility of the option, which typically is the 
method used by banking organizations' financial reporting models for 
multi-underlying options. For indices, the proposal would require a 
banking organization to calculate vega capital requirements with 
respect to the implied volatility based on the same sector specific 
bucket or index bucket used to calculate the delta capital requirement 
and the curvature capital requirement, or an appropriate sector 
specific or index bucket otherwise.
ii. Models-Based Non-Default Capital Requirement
    When calculating the models-based non-default capital requirement 
for indices and multi-underlying options the proposal would allow, but 
not require, a banking organization to calculate the market risk 
capital requirement for such positions held by a model-eligible desk by 
applying the look-through approach or the hypothetical portfolio 
approach based on the most recent quarterly disclosure of the index's 
historical holdings of underlying positions. In addition, a banking 
organization may use any other modelling approach to calculate the 
models-based non-default capital requirement after receiving a prior 
approval from its primary Federal supervisor.
iii. Default Risk Capital Requirement
    The default risk of credit and equity indices as well as multi-
underlying options that are non-securitization debt or equity positions 
is primarily a function of the idiosyncratic default risk of the 
underlying constituents. Accordingly, to capture appropriately the 
default risk of such positions, the proposal would allow a banking 
organization to apply the look-through approach when calculating the 
default risk capital requirement for indices and multi-underlying 
options that are non-securitization debt or equity positions. When 
decomposing multi-underlying exposures or indices, a banking 
organization would be required to set the gross default exposure 
assigned to a single name, referenced by the instrument, equal to the 
difference between the value of the instrument assuming only the single 
name defaults and the value of the instrument assuming none of the 
single names referenced by the instrument default. By aligning the 
treatment of positions in credit and equity indices with that of 
single-name positions, the proposal would provide greater hedging 
recognition as the banking organization would be able to offset the 
gross default exposure of long and short positions in indices with that 
of single-name positions included in the index.
    Alternatively, as the underlying constituents of credit and equity 
indices and multi-underlying options could react differently to the 
same market or economic event, the proposal would also allow a banking 
organization to treat such positions as a single position for purposes 
of calculating the default risk capital requirement, provided the index 
or multi-underlying option substantially meets the criteria for the 
applicable bucket. Also, the proposal would allow a banking 
organization to treat the index or multi-underlying option as a single 
sub-speculative exposure. For example, a banking organization may 
choose to apply a single sub-speculative exposure approach when it 
would be operationally challenging for a banking organization to apply 
the look-through approach or perform the analysis to identify an 
appropriate bucket for a single exposure.

[[Page 15074]]

    Question 175: The agencies seek comment on the proposed threshold 
of 75 percent for assigning a credit or equity index to the 
corresponding sector or the investment grade indices bucket. What would 
be the benefits and drawbacks of the proposed threshold? What, if any, 
alternative thresholds should the agencies consider that would more 
appropriately measure the majority of constituents in listed and well-
diversified credit and equity indices?
    Question 176: The agencies seek comment on the calculation of vega 
capital requirement for credit indices for which a banking organization 
chooses to apply a single sensitivity approach. To mitigate any 
operational burden that could arise from using the single sensitivity 
approach in order to calculate the vega capital requirement, what would 
be the advantages and disadvantages of allowing a banking organization 
to calculate the vega capital requirement according to the backstop 
fund method? Please specify how a banking organization would perform 
such calculation.
e. Equity Positions in an Investment Fund
i. Standardized Non-Default Capital Requirement
    For equity positions in an investment fund or portions of such 
positions for which the banking organization is able to use the look-
through approach to calculate a market risk capital requirement for its 
proportional ownership share of each exposure held by the investment 
fund, the proposal would allow a banking organization to apply the 
look-through approach under the standardized measure for market risk. 
If a banking organization is able to use the look-through approach to 
calculate market risk capital requirements for only a portion of the 
underlying positions in the fund, the proposal would require a banking 
organization to treat the equity position in the investment fund as two 
separate market risk covered positions: one as a market risk covered 
position for which the banking organization is able to apply the look-
through approach and the rest as a market risk covered position for 
which the banking organization is not able to apply the look-through 
approach. In this circumstance, each position would represent the 
proportional amount of original position corresponding to the portion 
of the investment fund that the banking organization is able to use the 
look-through approach or not able to use the look-through approach, 
respectively.
    Alternatively, a banking organization could elect not to apply the 
look-through approach for such positions and, instead, apply the single 
sensitivity approach if the investment fund meets the criteria to be 
assigned to the relevant bucket as described in further detail in 
section V.A.10.d.i. of this SUPPLEMENTARY INFORMATION. For equity or 
debt positions in publicly traded real estate investment trusts, the 
proposal would allow a banking organization to treat such exposures as 
a single exposure and apply the risk weight applicable to exposures 
allocated to the financial sector bucket when calculating the delta, 
vega, and curvature capital requirements under the sensitivities-based 
method.\460\ While equity positions in publicly traded real estate 
investment trusts are traded on the market, the underlying assets of 
such trusts generally are not. Thus, a banking organization will 
generally not be able to calculate the risk factor sensitivity for each 
of the underlying assets of the real estate investment trust and 
perform a full look through. Allowing a banking organization to treat 
equity positions in real estate investment trusts as a single position 
would help ensure that market risk capital requirements appropriately 
capture a banking organization's market risk exposure arising from such 
positions in a manner that minimizes compliance burden and enhances 
risk-capture. As each of the proposed alternative approaches would 
reflect a conservative capital requirement, the agencies consider that 
the proposed alternatives would help ensure a banking organization 
maintains sufficient capital against potential losses arising from 
equity positions in an investment fund for which the banking 
organization is unable to identify the underlying positions held by the 
fund.
---------------------------------------------------------------------------

    \460\ Under the proposal, such exposures would receive the 55 
percent or 50 percent risk weight applicable to equity risk factors 
allocated to buckets 4 or 8, respectively, in Table 8 to Sec.  
__.209 of the proposed rule. Similarly, such exposures would receive 
the five percent or 12 percent risk weight applicable to 
counterparty credit spread risk for non-securitization risk factors 
allocated to buckets 3 and 11, respective, in Table 3 to Sec.  
__.209 of the proposed rule.
---------------------------------------------------------------------------

    Additionally, for equity positions in an investment fund or 
portions of such positions where a banking organization is not able to 
apply the look-through approach, the proposal would allow the banking 
organization to either apply the tracked index method, the hypothetical 
portfolio approach or the backstop fund method, as applicable. A 
banking organization could apply the tracked index method if the 
investment fund closely tracks an index benchmark or the investment 
fund's mandate or prospectus requires that it tracks an index with 
tracking performance published quarterly. Generally, the agencies would 
consider an equity position in an investment fund to closely track the 
index if the returns of the investment fund (ignoring fees and 
commissions) over the prior year differs from those of the index by 
only a small percentage. For an equity position in an investment fund 
that closely tracks an index benchmark or if its mandate or prospectus 
requires that it tracks an index and publishes its tracking performance 
on a quarterly basis, the proposal would allow a banking organization 
to treat the equity position in the investment fund as if it was the 
tracked index in calculating the delta, vega, and curvature capital 
requirements, given the high correlation of the equity position with 
that of the index.\461\ Further, for equity positions in an investment 
fund that holds an index, the proposal would allow a banking 
organization to calculate the delta, vega, and curvature capital 
requirements for the underlying index position using the treatment for 
indices \462\ and apply the look-through approach or the single 
sensitivity approach to the other underlying exposures of the 
investment fund.
---------------------------------------------------------------------------

    \461\ In this situation, the banking organization would apply 
the treatment for index instruments described in section V.A.10.d.i. 
of this SUPPLEMENTARY INFORMATION.
    \462\ In this situation, the banking organization would apply 
the treatment for index instruments described in section V.A.10.d.i. 
of this SUPPLEMENTARY INFORMATION.
---------------------------------------------------------------------------

    Under the proposed hypothetical portfolio approach, the banking 
organization would need to assume that the investment fund invests to 
the maximum extent permitted under its mandate in those exposures with 
the highest applicable risk weight and continues to make investments in 
the order of the exposure type with the next highest applicable risk 
weight until the maximum total investment level is reached. If more 
than one risk weight can be applied to a given exposure, the proposal 
would require the banking organization to use the maximum applicable 
risk weight in calculating the sensitivities-based method requirement. 
Alternatively, the banking organization may assume that the investment 
fund invests based on the most recent quarterly disclosure of the 
fund's historical holdings of underlying positions. The proposal would 
require a banking organization to weigh the constituents of the 
investment fund based on the hypothetical portfolio.

[[Page 15075]]

    To address any potential operational burden that can arise from the 
above discussed approaches for equity positions in an investment fund, 
the proposal would permit a banking organization to use an effective 
risk weight calculated by third parties in the calculation of market 
risk capital requirements for the look-through approach,\463\ 
hypothetical portfolio approach, and tracked index method. Under this 
approach, the fund's exposure would be assigned to one or more 
appropriate buckets without the requirement to look-through the fund, 
and with diversification allowed with other exposures.
---------------------------------------------------------------------------

    \463\ If a banking organization relies on a third party to 
calculate the effective risk weight, the banking organization should 
be able to have understanding of how the third party calculates the 
risk weight and be able to verify that the calculation was conducted 
in a manner consistent with the requirements of the capital rule.
---------------------------------------------------------------------------

    Alternatively, the proposal's backstop fund method would allow a 
banking organization to allocate equity positions in an investment fund 
to the applicable other sector bucket.\464\ This approach would be a 
simple conservative measure in situations when, due to computational or 
operational challenges, a banking organization is unable to apply other 
allowed approaches to calculate the standardized non-default capital 
requirement. In situations when the mandate of the investment fund 
allows investments in positions subject to the residual risk add-on, 
such as positions with exposures to exotic risks or residual risks, the 
banking organization would need to calculate residual risk add on 
requirement for the equity position in the investment fund assuming 
that the investment fund has invested in such exposures to the maximum 
extent permitted under its mandate.
---------------------------------------------------------------------------

    \464\ Table 8 to Sec.  __.209 of the proposed rule provides the 
proposed delta risk buckets and corresponding risk weights for 
positions within the equity risk class.
---------------------------------------------------------------------------

ii. Models-Based Non-Default Capital Requirement
    The proposal would only allow a banking organization to use the 
models-based non-default capital requirement for equity positions in an 
investment fund for which the banking organization is able to identify 
the underlying positions held by the fund on a quarterly basis.\465\ 
Otherwise, these positions would be calculated using the standardized 
non-default capital requirement or the fallback capital requirement. 
Under the proposal, a banking organization would be required to 
calculate the market risk capital requirement for such positions held 
by a model-eligible desk by applying the look-through approach or the 
hypothetical portfolio approach based on the most recent quarterly 
disclosure of the investment fund's historical holdings of underlying 
positions. In addition, a banking organization also may use any other 
modelling approach to calculate the models-based non-default capital 
requirement after receiving a prior approval from its primary Federal 
supervisor.
---------------------------------------------------------------------------

    \465\ The proposal would allow a banking organization to use the 
models-based non-default capital requirement for portions of equity 
positions in an investment fund for which the banking organization 
is able to use the look-through approach to calculate a market risk 
capital requirement for its proportional ownership share of such 
exposures held by the investment fund. For portions of equity 
positions in an investment fund for which the banking organization 
is unable to use the look-through approach, the banking organization 
would use one of the approaches discussed in section V.A.10.e.i. of 
this SUPPLEMENTARY INFORMATION.
---------------------------------------------------------------------------

    Question 177: What would be the advantages and disadvantages of 
allowing banking organizations to decompose equity positions in 
investment funds into the underlying holdings of the fund or based on 
the hypothetical portfolio, for purposes of calculating capital 
requirements under the models-based non-default capital requirement? 
Please provide specific details on the mechanics, capital implications 
and rationale for any suggested methodology, in particular the extent 
to which the proposed backtesting and PLA requirements would help 
ensure appropriate risk capture for positions in which the banking 
organization is only able to perform a look-through on a quarterly 
basis.
iii. Default Risk Capital Requirement
    Similar to index instruments and multi-underlying options that are 
non-securitization debt or equity positions, the default risk of equity 
positions in an investment fund is primarily a function of the 
idiosyncratic default risk of the underlying constituents. Accordingly, 
to capture appropriately the default risk of such positions, the 
proposal would allow a banking organization to apply the look-through 
approach when calculating the default risk capital requirement for 
equity positions in an investment fund that are non-securitization debt 
or equity positions. Alternatively, for positions in an investment fund 
that closely tracks an index benchmark or for which a banking 
organization can identify the main investment strategy specified in the 
fund's mandate or prospectus, a banking organization would be allowed 
to treat an exposure to the fund as a single-name exposure assigned to 
an appropriate default bucket for non-securitization debt and equity 
positions.\466\ In situations when a banking organization is unable to 
use either the look-through approach or apply the single exposure 
treatment to calculate the default risk capital requirement for such 
positions due to some potential operational limitations, the proposal 
would allow a banking organization to treat a fund as a single-name 
sub-speculative exposure with the highest risk weight applicable to the 
fund (for example, 50 percent risk weight as specified in Table 1 to 
Sec.  __.210 of the proposed rule).
---------------------------------------------------------------------------

    \466\ See Table 1 to Sec.  _210 of the proposed rule provides 
the proposed default risk buckets and corresponding risk weights for 
the non-securitization debt and equity risk positions.
---------------------------------------------------------------------------

    For equity positions in an investment fund for which the banking 
organization applies the hypothetical portfolio approach under the 
standardized non-default capital requirement described above, the 
proposal would require a banking organization to apply the same 
hypothetical portfolio approach for purposes of calculating the default 
risk capital requirement for such positions.
    For equity positions in an investment fund for which the banking 
organization applies the backstop fund method under the standardized 
non-default capital requirement, the proposal would allow a banking 
organization to use either the hypothetical portfolio approach for 
purposes of calculating the default risk capital requirement for such 
positions or treat the fund as a single sub-speculative exposure. The 
proposed treatment would help ensure the risk-based requirements 
appropriately capture the default risk of such positions in a manner 
that is consistent across banking organizations and minimizes 
operational burden.
    Question 178: The agencies seek comment on whether a banking 
organization's ability under the proposal to treat an equity position 
in an investment fund as an index position when the investment fund 
closely tracks an index benchmark provides sufficient specificity to 
help ensure consistent application across banking organizations. To 
what extent would a specific quantitative measure more appropriately 
capture the types of positions that should be treated as index 
positions? What, if any, alternatives should the agencies consider 
(such as specifying an absolute value of one percent) to better capture 
the types of positions whose risks would

[[Page 15076]]

more appropriately be captured by the proposed market risk capital 
requirements for index positions and why? Commenters are encouraged to 
provide specific details on the mechanics, capital implications, and 
rationale for any suggested methodology.
    Question 179: The agencies seek comment on requiring banking 
organizations to calculate the default risk capital requirement for 
equity positions in investment funds, if, based on its mandate, the 
fund would invest in the types of exposures that would be subject to 
the residual risk add-on to the maximum extent permitted under the 
mandate. What, if any, alternatives--such as allowing banking 
organizations to use the historical risk characteristics of the fund--
should the agencies consider to better capture the residual risks of 
such positions? Commenters are encouraged to provide specific details 
on the mechanics, capital implications and rationale for any suggested 
methodology.
f. Treatment of Term Repo-Style Transactions
    The current capital rule permits a banking organization to 
calculate a market risk capital requirement for securities subject to 
repurchase and lending agreements with an original maturity of more 
than one business day (term repo-style transactions), regardless of 
whether such transactions meet the short-term trading intent criterion 
of the definition of a market risk covered position.\467\ Under the 
current capital rule, this optionality is only available for term repo-
style transactions for which the banking organization separately 
calculates risk-based requirements for counterparty credit risk using 
the collateral haircut approach under the standardized approach or the 
advanced approaches of the capital rule.\468\ The standardized approach 
and the advanced approaches of the capital rule permit a banking 
organization to recognize the credit risk mitigation benefits of non-
financial collateral under the collateral haircut approach for these 
term repo-style transactions.
---------------------------------------------------------------------------

    \467\ While such transactions are similar to trading activities, 
not all such transactions meet the short-term trading intent 
criterion of the definition of covered position. For example, 
certain repo-style transactions operate in economic substance as 
secured loans and do not, in normal practice, represent trading 
positions.
    \468\ Under the market risk capital framework in the current 
capital rule, a banking organization that uses the simple VaR 
approach for purposes of calculating counterparty credit risk 
capital requirements may also include term repo-style transactions 
within the VaR-based measure for market risk. As noted in section 
IV.A.1. of this SUPPLEMENTARY INFORMATION, the proposal would 
eliminate the simple VaR approach for calculating risk-based 
requirements for counterparty credit risk--and thus this optionality 
would only apply in the context of the collateral haircut approach.
---------------------------------------------------------------------------

    The proposal would retain the treatment of term repo-style 
transactions in the current capital rule. The proposal similarly would 
permit a banking organization to include term repo-style transactions 
in market risk covered positions, where the transactions are marked to 
market and provided that it includes all of such term repo-style 
transactions in market risk covered positions consistently over time. 
In such cases, the proposal would permit a banking organization to 
include term repo-style transactions in the sensitivities-based method 
or models-based non-default capital requirement if held by a model-
eligible trading desk. For purposes of calculating market risk capital 
requirements under the sensitivities-based method or the models-based 
non-default capital requirement, the proposal would require a banking 
organization to capture the risk factor sensitivities of the cash leg 
to general interest rate risk. The proposal would also require a 
banking organization to separately calculate the default risk capital 
requirement to capture losses on the underlying reference exposure in 
the event of issuer default as described in section V.A.9.a. of this 
SUPPLEMENTARY INFORMATION and the risk-based capital requirements for 
counterparty credit risk using the collateral haircut approach as 
described in section IV.A.4.a. of this SUPPLEMENTARY INFORMATION.
    Question 180: The proposal would retain the current capital rule's 
treatment of repurchase and lending agreements with an original 
maturity of more than one business day (term repo-style transactions). 
What are the advantages and disadvantages of allowing a banking 
organization to treat repurchase agreements with no specified maturity 
date (open repurchase transactions) or those which maturity date 
automatically renews until canceled by a participating party (evergreen 
repurchase transactions), and why? To what extent open and evergreen 
repurchase transactions have different risk profiles from term repo-
style transactions?
11. Reporting and Disclosure Requirements
    The reporting and public disclosures required under the proposal 
are intended to strike a balance between the information necessary for 
ensuring that a banking organization is conforming to the requirements 
of the proposed market risk rule, the public policy benefits that 
result from transparency of information, and a banking organization's 
compliance burden. The proposal does not change the requirements under 
the current capital rule regarding public disclosure policy and 
attestation, the frequency of required disclosures, the location of 
disclosures, or the treatment of proprietary and confidential 
information except that each of these aspects of the proposal is 
discussed not only in regard to a banking organization's public 
disclosures, but also in regard to its reporting (public regulatory 
reports and, as applicable, confidential supervisory reports).
a. Scope
    The quantitative and qualitative disclosures required by this 
section would not apply to a banking organization that is a 
consolidated subsidiary of a bank holding company, savings and loan 
holding company, or a depository institution that is subject to these 
requirements, or of a non-U.S. banking organization subject to 
comparable public disclosure requirements in its home jurisdiction.
    The information contained within both public regulatory reports 
and, as applicable, confidential supervisory reports described in the 
proposal would be necessary for the primary Federal supervisor to 
assess whether a banking organization has adequately implemented the 
proposed market risk capital framework. Therefore, under the proposal, 
any banking organization that is subject to the proposed market risk 
capital requirements must provide public regulatory reports in the 
manner and form prescribed by its primary Federal supervisor, including 
any additional information and reports that the primary Federal 
supervisor may require. Any such banking organization that also uses 
the models-based measure for calculating market risk capital 
requirements must provide confidential supervisory reports as discussed 
below to its primary Federal supervisor in a manner and form prescribed 
by that supervisor.
b. Quantitative and Qualitative Disclosures
    The current capital rule requires a banking organization subject to 
the market risk capital framework to disclose information related to 
the composition of portfolios of covered positions as well as the 
internal models used to calculate the market risk of covered positions. 
The proposal would eliminate the existing quantitative disclosures 
related to the calculations of VaR and incremental and

[[Page 15077]]

comprehensive risk capital requirements, which would no longer be 
necessary for calculating risk-based capital requirements for market 
risk under the proposal. The proposal would, however, retain the 
existing quantitative disclosures related to the aggregate amount of 
on-balance sheet and off-balance sheet securitization positions by 
exposure type, as well as the aggregate amount of correlation trading 
positions. Together, these disclosures would promote transparency 
regarding a banking organization's securitizations, which have 
historically been sources of uncertainty for regulators and market 
participants during periods of financial stress. Finally, the proposal 
would add a quantitative disclosure requiring a banking organization 
that uses the models-based measure for market risk to disclose a 
comparison of VaR-based estimates to actual gains or losses for each 
material portfolio of market risk covered positions with an analysis of 
important outliers. In addition to the requirement to disclose a 
general description of a banking organization's internal capital 
adequacy assessment methodology, a banking organization that uses the 
models-based measure for market risk would also be required to include 
such assessment for categories of non-modellable risk factors.\469\
---------------------------------------------------------------------------

    \469\ The agencies would expect a banking organization to have 
sound internal capital assessment processes which would include, but 
not be limited to, identification of capital adequacy goals with 
respect to risks, taking into account the strategic focus and 
business plan of the banking organization, risk identification, 
measurement, and documentation, as well as a process of internal 
controls, reviews, and audits.
---------------------------------------------------------------------------

    The proposal would also retain the existing qualitative disclosures 
for material portfolios but with certain revisions to reflect the 
changes to the market risk framework under the proposal. Specifically, 
the requirement that a banking organization disclose characteristics of 
internal models would be revised to also require that the banking 
organization disclose information related to the models used to 
calculate expected shortfall (ES), the frequency with which data is 
updated, and a description of the calculation based on current and 
stress observations. The existing requirement that a banking 
organization disclose its internal capital adequacy assessment, 
including a description of the methodologies used to achieve a capital 
adequacy assessment consistent with the soundness standard, would be 
subsumed into the quarterly quantitative disclosure requirements 
described above. Qualitative disclosures that typically do not change 
each quarter may be disclosed annually, provided any significant 
changes are disclosed in the interim.
    The proposal would add new qualitative disclosures related to a 
banking organization's processes and policies for managing market risk. 
Specifically, the proposed qualitative disclosures include (i) a 
description of the structure and organization of the market risk 
management system, including a description of the market risk 
governance structure established to implement the strategies and 
processes described below; (ii) a description of the polices and 
processes for determining whether a position is designated as a market 
risk covered position and the risk management policies for monitoring 
market risk covered positions; (iii) a description of the scope and 
nature of risk reporting and/or measurement systems and the strategies 
and processes implemented by the banking organization to identify, 
measure, monitor, and control the banking organization's market risks, 
including polices for hedging; and (iv) a description of the trading 
desk structure and the types of market risk covered positions included 
on the trading desks or in trading desk categories, including a 
description of the model-eligible trading desks for which a banking 
organization calculates the models-based non-default risk capital 
requirement and any changes in the scope of model-ineligible trading 
desks and the market risk covered positions on those desks. Together, 
the additional disclosure requirements in the proposal would increase 
transparency, encourage sound risk management practices, and assist the 
regulatory review process of a banking organization subject to the 
proposed market risk framework by providing clear information on the 
policies and procedures that each banking organization has adopted to 
manage and mitigate potential losses arising from market fluctuations.
c. Public Reports
    In addition to the public disclosure requirements, the proposal 
would require that a banking organization provide a quarterly public 
regulatory report of its measure for market risk. This public report, 
the form of which would be specified by the agencies, would contain 
information that the agencies deem necessary for assessing the manner 
in which a banking organization has implemented the proposed market 
risk rule. This, in turn, would help ensure the safety and soundness of 
the financial system by facilitating the identification of problems at 
a banking organization and ensuring that a banking organization has 
implemented any corrective actions imposed by the agencies.
d. Confidential Supervisory Reports
    Under the proposal, a banking organization using the models-based 
measure to calculate market risk capital requirements would be required 
to submit, via confidential regulatory reporting in the manner and form 
prescribed by the primary Federal supervisor, data pertaining to its 
backtesting and PLA testing.
    To reflect the proposed changes to the market risk framework, the 
proposal would require a banking organization to submit backtesting 
information for model-eligible trading desks at both the aggregate 
level and for each trading desk, as well as PLA testing information for 
each model-eligible trading desk, on a quarterly basis. This 
information would cover the previous 500 business days, or all business 
days if 500 business days are not available, and would have to be 
reported with no more than a 20-day lag. At the aggregate level, the 
data would include the daily VaR-based measures calibrated to the 
99.0th percentile; the daily ES-based measure calibrated at the 97.5th 
percentile; the actual profit and loss; the hypothetical profit and 
loss; and the p-value of the profit or loss for each day. At the 
trading desk level, the data would include the daily VaR-based measure 
for the trading desk calibrated at both the 97.5th and 99.0th 
percentile; the daily ES-based measure calibrated at the 97.5th 
percentile; the actual profit and loss; the hypothetical profit and 
loss; the risk-theoretical profit and loss; and the p-values of the 
profit or loss for each day.
    The information in the proposed report would enable the primary 
Federal supervisor to identify changes to the risk profiles of 
reporting banking organizations as well as to monitor the risk inherent 
in the broader banking system. Specifically, the collection of 
backtesting and PLA data included in the proposed reports would enable 
the primary Federal supervisor to determine the validity of a banking 
organization's internal models, and whether these models accurately 
account for the risk associated with exposure to price movements, 
changes in market structure, or market events that affect specific 
assets. If the primary Federal supervisor finds these models to be 
flawed, the banking organization must then use the standardized non-
default capital requirement for calculating its market risk capital 
requirements, thereby preventing divergence between a banking 
organization's risk profile and

[[Page 15078]]

its capital position. In addition, the proposed report would be a 
valuable tool for a banking organization subject to the market risk 
capital requirements under the proposal to verify that the proposed 
market risk framework has been appropriately implemented.
12. Technical Amendments
    The proposal would streamline the definitions related to 
securitizations in the market risk capital framework with those in the 
standardized approach or the expanded risk-based approach of the 
capital rule. Specifically, the proposal would eliminate the definition 
of ``securitization'' from the market risk capital framework and revise 
the definitions of ``securitization position'' and ``resecuritization 
position'' to refer to the terms ``securitization exposure'' and 
``resecuritization exposure,'' which are defined in Sec.  __.2 of the 
capital rule.\470\ These modifications would not change the scope of 
positions that would be considered securitization positions and 
resecuritization positions under the market risk capital framework. 
Rather, the proposed revisions would clarify that the same types of 
positions are captured under the market risk capital framework as under 
the standardized approach and the proposed expanded risk-based 
approach, which currently use substantially similar, but separate 
definitions.
---------------------------------------------------------------------------

    \470\ Section 2 of the capital rule defines a securitization 
exposure as an on- or off-balance sheet credit exposure (including 
credit-enhancing representations and warranties) that arises from a 
traditional or synthetic securitization (including a 
resecuritization), or an exposure that directly or indirectly 
references a securitization exposure. The agencies' capital rule 
defines a traditional securitization, in part, as a transaction in 
which all or a portion of the credit risk of one or more underlying 
exposures is transferred to one or more third parties (other than 
through the use of credit derivatives or guarantees), where the 
credit risk associated with the underlying exposures has been 
separated into at least two tranches reflecting different levels of 
seniority. The definition includes certain other conditions, such as 
requiring all or substantially all of the underlying exposures to be 
financial exposures. See 12 CFR 3.2 s.v. securitization exposure, 
traditional securitization (OCC); 12 CFR 217.2 s.v. securitization 
exposure, traditional securitization (Board); 12 CFR 324.2 s.v. 
securitization exposure, traditional securitization (FDIC).
---------------------------------------------------------------------------

B. Credit Valuation Adjustment Risk
1. Background
    In general, OTC derivative contracts are bilateral agreements 
either to make or receive payments or to buy or sell an underlying 
asset on a certain date, or dates, in the future. The value of an OTC 
derivative contract, and thus a party's exposure to its counterparty, 
changes over the life of the contract based on movements in the value 
of the reference rates, assets, commodity prices, or indices underlying 
the contract. In addition to the exposure to changes in the market 
value of OTC derivative contracts, there is also credit risk associated 
with such contracts. Specifically, if a counterparty to an OTC 
derivative contract, or a portfolio of such contracts subject to a 
qualifying master netting agreement or a qualifying cross-product 
master netting agreement,\471\ defaults prior to the contract's 
expiration, the non-defaulting party will experience a loss if the 
market value of the contract, or of the portfolio of contracts under a 
qualifying master netting agreement, is positive at the time of 
default. The risk of such a loss, known as counterparty credit risk, 
exists even if the current market value of the contract, or the 
portfolio under a qualifying master netting agreement, is negative 
because the future market value may become positive if market 
conditions change. Under the current capital rule, a banking 
organization determines risk-based capital requirements for 
counterparty credit risk using the credit risk framework, with exposure 
amounts determined via either SA-CCR, the current exposure methodology, 
or the internal models methodology, as applicable.\472\
---------------------------------------------------------------------------

    \471\ ``Qualifying master netting agreement'' is defined in 
Sec.  __.2 of the current capital rule. In order to recognize an 
agreement as a qualifying master netting agreement, a banking 
organization must meet the operational requirements in Sec.  __.3(d) 
of the current capital rule. See 12 CFR 3.2, and 3.3(d) (OCC); 12 
CFR 217.2 and 217.3(d) (Board); 12 CFR 324.2, and 324.3(d) (FDIC). 
In general, a qualifying master netting agreement means a netting 
agreement that permits a banking organization to accelerate, 
terminate, close-out on a net basis and promptly liquidate or set 
off collateral upon default of the counterparty. The proposal would 
retain this definition, except as discussed in section IX of this 
SUPPLEMENTARY INFORMATION, whereby the proposal would modify the 
definition in the Board's and OCC's rule to address a prior error.
    \472\ See Sec. Sec.  __.34 and __.132 of the current capital 
rule.
---------------------------------------------------------------------------

    The valuation change of OTC derivative contracts resulting from the 
risk of the counterparty's defaulting prior to the expiration of the 
contracts, known as the credit valuation adjustment (CVA), depends on 
(1) counterparty credit spreads, which reflect the creditworthiness of 
the counterparty perceived by the market; and (2) credit exposure 
generated by CVA risk covered positions \473\ that the market would 
expect at various future points in time. Thus, CVA risk has two 
components: a counterparty credit spread component (CVA increases as a 
result of the deterioration in the creditworthiness of a counterparty 
perceived by the market) and an exposure component (CVA increases as a 
result of an increase in the expected future exposure).
---------------------------------------------------------------------------

    \473\ CVA risk covered positions are described in section 
V.B.3.a. of this SUPPLEMENTARY INFORMATION.
---------------------------------------------------------------------------

    The proposal would revise the criteria for determining whether a 
banking organization is subject to CVA risk capital requirements. Under 
the proposal, a Category I or Category II depository institution 
holding company and its depository institution subsidiaries that are 
subject to the market risk framework, as well as any banking 
organization with significant OTC derivatives that is subject to the 
market risk framework, would be required to reflect in risk-weighted 
assets the potential losses on OTC derivative contracts resulting from 
increases in CVA for all OTC derivative contract counterparties, 
subject to certain exceptions.\474\
---------------------------------------------------------------------------

    \474\ The proposal would allow a banking organization to exclude 
certain OTC derivative contracts recognized as a credit risk 
mitigant and that receive substitution treatment under Sec.  __.36 
of the current capital rule or Sec.  __.120 of the proposed rule 
from the portfolio of OTC derivative contracts that are subject to 
the CVA risk capital requirements (under both BA-CVA and SA-CVA).
---------------------------------------------------------------------------

    The proposal would provide two measures for calculating CVA risk 
capital requirements: (1) the basic measure for CVA risk that includes 
the basic CVA approach (BA-CVA) capital requirement, which recognizes 
only the credit spread component of CVA risk and is similar to the 
current capital rule's simple CVA approach, and (2) a standardized 
measure for CVA risk that includes a new standardized CVA approach (SA-
CVA) capital requirement and the BA-CVA capital requirement. The SA-CVA 
would account for both credit spread and exposure components of CVA 
risk and would allow a banking organization to recognize hedges for the 
exposure component of CVA risk. Under the proposal, only banking 
organizations that use SA-CCR for counterparty credit risk would be 
eligible to use the standardized measure to calculate its CVA risk 
capital requirements.\475\ Additionally, the proposal would require the 
banking organization to receive a prior approval from the primary 
Federal supervisor to calculate the CVA risk capital requirements under 
the SA-CVA approach.
---------------------------------------------------------------------------

    \475\ The proposal would require banking organizations that use 
the current exposure methodology to calculate exposure amounts for 
counterparty credit risk to use the BA-CVA measure to calculate CVA 
risk capital requirements.
---------------------------------------------------------------------------

2. Scope of Application
    The proposed capital requirements for CVA risk would apply to a 
Category I or

[[Page 15079]]

Category II depository institution holding company, a subsidiary 
depository institution of a Category I or II banking organization that 
is subject to the proposed market risk capital requirements, and to any 
banking organization subject to the proposed market risk capital 
requirements that has average aggregate OTC derivatives gross notional 
amounts of $1 trillion or more, adjusted to reflect CPI-W, over the 
prior four quarters. Under the proposal, these banking organizations 
would be required to calculate a risk-weighted asset amount for the CVA 
risk arising from their portfolio of OTC derivative transactions that 
would be subject to the CVA risk capital requirement, as described in 
the following section of this SUPPLEMENTARY INFORMATION.
    Consistent with the current capital rule, the proposed scope would 
apply CVA risk capital requirements to the largest and complex banking 
organizations that, due to their significant trading activity, 
operational scale, and domestic and global presence, are subject to 
more stringent capital requirements. As Category I or II banking 
organizations are generally subject to rules based on the standards 
published by the Basel Committee, the proposed scope would help promote 
competitive equity among U.S. banking organizations and their foreign 
peers and competitors, and reduce opportunities for regulatory 
arbitrage across jurisdictions. At the same time, the proposal would 
apply CVA risk capital requirements to subsidiary depository 
institutions of Category I or II banking organizations only if the 
subsidiary is subject to market risk capital requirements. The proposed 
criterion is intended to tailor the proposed CVA risk capital 
requirements to only those subsidiary depository institutions with 
significant trading activity and increased exposure to CVA risk, and 
thus reduce operational burden for those with less exposure to CVA 
risk.
    In addition to applying CVA risk capital requirements to the 
largest banking organizations, the proposed rule would introduce 
activity-based thresholds. The proposed CVA risk capital requirement 
would apply to a banking organization that is subject to the proposed 
market risk capital requirements and that has average aggregate OTC 
derivatives gross notional amounts of $1 trillion or more, adjusted to 
reflect CPI-W,\476\ over the prior four consecutive quarters. Due to 
their substantial derivative portfolios, these banking organizations 
have meaningful exposure to losses resulting from changes to their 
credit valuation adjustment accounting reserve.
---------------------------------------------------------------------------

    \476\ See section II.E. of this SUPPLEMENTARY INFORMATION for a 
more detailed discussion on indexing nominal thresholds in the 
proposal going forward to reflect CPI-W.
---------------------------------------------------------------------------

    Under the proposal, the primary Federal supervisor of a banking 
organization that does not meet the proposed scoping criteria for CVA 
risk capital requirements could require the banking organization to 
apply the risk-based capital requirements for CVA risk if the 
supervisor deems it necessary or appropriate because of the level of 
CVA risk of the banking organization's portfolio of OTC derivative 
contracts or to otherwise ensure safe and sound banking practices. The 
primary Federal supervisor could also exclude from application of the 
proposed CVA risk capital requirements a banking organization that 
meets the scoping criteria if the supervisor determines that (1) the 
exclusion is appropriate based on the level of CVA risk of the banking 
organization's CVA risk covered positions, and (2) such an exclusion 
would be consistent with safe and sound banking practices. While the 
agencies consider that the proposed scoping criteria for application of 
CVA risk capital requirements would reasonably identify a banking 
organization with significant CVA risk given the current risk profile 
of a banking organization, there may be unique instances where a 
banking organization either should or should not be required to reflect 
CVA risk in its risk-based capital requirements. As such, the proposal 
would allow the primary Federal supervisor to exercise its authority to 
address such instances on a case-by-case basis.
    Question 181: The agencies seek comment on the appropriateness of 
the proposed scope of application of CVA risk capital requirements. 
What, if any, alternative thresholds should the agencies consider and 
why?
    Question 182: What are the advantages or disadvantages of using an 
average aggregate OTC derivatives gross notional amount of $1 trillion 
or more for the scope of application threshold, and why?
3. CVA Risk Covered Positions and CVA Hedges
1. Definition of CVA Risk Covered Position
    The proposal would define a CVA risk covered position as a 
derivative contract that is not a client-facing derivative transaction 
or cleared transaction. In addition, the proposal would allow a banking 
organization to choose to exclude an eligible credit derivative for 
which the banking organization recognizes credit risk mitigation 
benefits from the calculation of its CVA risk capital requirement.\477\ 
This approach would align the scope of the CVA framework with the scope 
of instruments that present CVA risk. The proposal would also allow a 
banking organization to exclude certain OTC derivative contracts that 
are credit risk mitigants from the CVA risk covered positions in order 
not to create a disincentive to hedge against credit default risk in 
the standardized approach or the expanded risk-based approach of the 
capital rule, as applicable. For example, a CDS on a loan borrower that 
is recognized as a credit risk mitigant and receives substitution 
treatment under Sec.  __.120 of the proposed rule would not be included 
in the portfolio of OTC derivative contracts that are subject to the 
CVA risk capital requirements.
---------------------------------------------------------------------------

    \477\ A cleared transaction includes an exposure resulting from 
a transaction that a CCP has accepted. For purposes of the CVA risk 
capital requirement, a banking organization that is not a clearing 
member may treat its exposure as directly facing the CCP (that is, 
the banking organization would have no exposure to the clearing 
member) and may exclude that cleared transaction from CVA risk 
covered positions. Additionally, when a clearing member banking 
organization is either (1) acting as a financial intermediary and 
entering into an offsetting transaction with a QCCP or (2) providing 
a guarantee on the performance of its client to a QCCP, the banking 
organization may exclude the client-facing derivative transaction 
from CVA risk covered positions. See the definitions of cleared 
transaction and client-facing derivative transaction in 12 CFR 3.2 
(OCC), 12 CFR 217.2 (Board), 12 CFR 324.2 (FDIC).
---------------------------------------------------------------------------

    A banking organization generally does not calculate accounting CVA 
for cleared transactions, client-facing derivative transactions, or for 
securities financing transactions (SFTs) for financial reporting 
purposes. Consistent with industry practice and to align the scope of 
the CVA framework with the scope of instruments that present CVA risk, 
the proposed definition of CVA risk covered position would not include 
a cleared transaction, a client-facing derivative transaction, or an 
SFT. Therefore, the CVA risk-based capital requirements would not apply 
to such positions under the proposal.
    The proposal would exclude cleared derivative transactions from the 
CVA risk-based capital requirements because the primary risk of a 
banking organization facing a CCP lies in the risk that a CCP 
participant, not the CCP itself, defaults.\478\ Clearing members of

[[Page 15080]]

the CCP would be responsible for covering losses of a defaulted 
clearing member's portfolio with the CCP; clearing member banking 
organizations are subject to a capital requirement for such risk in 
Sec.  __.116 of the proposal or Sec.  __.35 of the current capital 
rule, as applicable.
---------------------------------------------------------------------------

    \478\ A CCP could only default if a sufficient number of members 
default at the same time and the remaining clearing members of this 
CCP are unable to contribute sufficient funds to make the 
counterparties to the defaulting members whole.
---------------------------------------------------------------------------

    In addition, in light of the systemic risk-reducing benefits of 
derivatives clearing and to minimize potential unintended consequences 
for client clearing activities, the proposal would also exclude from 
CVA risk capital requirements client-facing derivative transactions 
which generally present low CVA risk.\479\ Client-facing derivative 
transactions generally are highly collateralized transactions subject 
to netting, daily or intraday margin requirements, immediate close-out, 
and significant regulatory oversight, thus resulting in small expected 
exposure amounts for clearing members to their clients. While this 
expected exposure does result in CVA in the economic sense, it is 
usually immaterial and banking organizations do not include it in the 
CVA they calculate for accounting purposes. Given these considerations, 
subjecting such transactions to the CVA risk capital requirements would 
be incommensurate with the risk of such transactions.
---------------------------------------------------------------------------

    \479\ See 88 FR 64028, at 64150 n. 428 (Sept. 18, 2023). See 
also 12 CFR 3.2 (definitions of cleared transaction and client-
facing derivative transaction) (OCC); 12 CFR 217.2 (definitions of 
cleared transaction and client-facing derivative transaction) 
(Board); 12 CFR 324.2 (definitions of cleared transaction and 
client-facing derivative transaction) (FDIC).
---------------------------------------------------------------------------

2. Recognition of CVA Hedges
    The proposal would set forth general requirements for the 
recognition of CVA hedges, as well as specific requirements under BA-
CVA and SA-CVA. The proposal would allow a banking organization to 
include certain CVA hedges as risk-reducing elements in risk-weighted 
asset calculations for CVA risk (eligible CVA hedges). The proposal 
would define a CVA hedge as a transaction the banking organization 
enters into with a counterparty that is a third party (external CVA 
hedge) or an internal trading desk (internal CVA hedge),\480\ as 
described in section V.B.3.b. of this SUPPLEMENTARY INFORMATION, and 
manages for the purpose of mitigating CVA risk.
---------------------------------------------------------------------------

    \480\ Both BA-CVA and SA-CVA would recognize internal CVA hedges 
that satisfy eligibility requirements of the specific approach and 
require that a banking organization have a CVA risk management 
function to manage internal CVA risk transfers as described in 
section V.A.5.c. of this SUPPLEMENTARY INFORMATION.
---------------------------------------------------------------------------

    An internal CVA hedge is an internal derivative transaction that is 
usually executed between a CVA risk management function, such as a CVA 
desk (or a functional equivalent thereof), and a trading desk of the 
banking organization. Every such internal CVA hedge has two offsetting 
positions: the position of the CVA risk management function (the CVA 
segment) and the position of the trading desk (the trading desk 
segment). In addition to its ability to reduce CVA risk, a CVA hedge 
may also contribute to CVA risk arising from the counterparty of the 
hedge, in which case the CVA hedge could also be a CVA risk covered 
position. Whether a CVA hedge is a CVA risk covered position has no 
impact on its qualification as an eligible CVA hedge. Specifically, a 
non-CVA risk covered position could be an eligible CVA hedge if it 
meets the proposed eligibility criteria as described below. For 
example, a banking organization could hedge its CVA risk using a 
cleared transaction; in such cases, the CVA hedge would effectively 
reduce the CVA risk of the banking organization, though the transaction 
itself would not be a CVA risk covered position. The proposed treatment 
of CVA hedges intends to provide better alignment between the economic 
risks posed by such transactions and the risk-based capital requirement 
for CVA risk. In this manner, the proposal would provide incentives for 
a banking organization to manage CVA risk prudently.
    As described below, the proposal would include two approaches for 
calculating CVA capital requirements: the basic approach or BA-CVA 
\481\ and the standardized approach or SA-CVA.\482\ The BA-CVA is 
simpler, but less risk sensitive, than the SA-CVA. For this reason, 
these two approaches have different eligibility requirements for 
recognizing the risk-mitigating benefits of CVA hedges.
---------------------------------------------------------------------------

    \481\ The basic approach for calculating CVA capital 
requirements (BA-CVA) is discussed below in section V.B.5.a. of this 
SUPPLEMENTARY INFORMATION.
    \482\ The standardized approach for calculating CVA capital 
requirements (SA-CVA) is discussed below in section V.B.5.b. of this 
SUPPLEMENTARY INFORMATION.
---------------------------------------------------------------------------

    Under the BA-CVA, the proposal would allow a banking organization 
to recognize in the CVA risk capital calculation the risk-mitigating 
benefit of hedges of the counterparty credit spread component of CVA 
risk, where the only instruments that could be recognized as eligible 
hedges are the following instruments: index CDS, single-name CDS, and 
single-name contingent CDS. The proposal would expand the set of 
instruments recognized as eligible CVA hedges relative to the simple 
CVA approach within the current capital rule to include a single-name 
credit instrument that references an affiliate of the counterparty or 
that references an entity that belongs to the same sector and region 
\483\ as the counterparty (together, eligible indirect single-name CVA 
hedges). Although a banking organization generally can hedge the credit 
spread risk of a counterparty whose credit risk is actively traded 
(that is, liquid counterparties) by using credit instruments that 
directly reference that counterparty, instruments referencing illiquid 
counterparties are thinly traded, if at all. For illiquid 
counterparties, a banking organization may use credit instruments that 
reference a sufficiently liquid entity whose credit spread is highly 
correlated with the credit spread of the illiquid counterparty such as 
counterparties that belong to the same sector and region. For this 
reason, the BA-CVA would allow a banking organization to recognize the 
risk-mitigating benefit of eligible indirect single-name CVA hedges, 
but, given the potentially significant basis risk between the 
counterparty and the hedge reference name, the BA-CVA would require a 
banking organization to use a non-perfect correlation parameter between 
the counterparty credit spread and the hedge reference name credit 
spread in order to constrain the risk-mitigating benefit of such 
indirect but eligible CVA hedges.\484\ The restrictions on hedging 
instruments as stated above apply to both external and internal hedging 
transactions. Additionally, for a banking organization to recognize an 
internal CVA hedging transaction as an eligible CVA hedge under the BA-
CVA, the transaction would have to satisfy the requirements of an 
eligible internal risk transfer of CVA risk, as described in section 
V.A.5.c. of this SUPPLEMENTARY INFORMATION.
---------------------------------------------------------------------------

    \483\ Under the proposal, for BA-CVA purposes, a region would 
refer to a country or territorial entity.
    \484\ The aggregation formula in the BA-CVA calculation would 
introduce new regulatory correlation parameters that quantify the 
relationship between the credit spreads of the counterparty and of 
the entity referenced by the hedge, thus restricting hedging 
benefits. See section V.B.5.a. of this SUPPLEMENTARY INFORMATION for 
a more detailed description of the BA-CVA calculation.
---------------------------------------------------------------------------

    Under the SA-CVA, hedges of the counterparty credit spread 
component of CVA risk would be recognized without the BA-CVA 
restriction on eligible instrument types described above. Furthermore, 
the SA-CVA would recognize as eligible CVA hedges

[[Page 15081]]

instruments that are used to hedge the exposure component of CVA risk. 
The SA-CVA would also recognize both external and internal CVA hedging 
transactions as eligible CVA hedges. Similar to the BA-CVA, a banking 
organization would be able to recognize an internal CVA hedging 
transaction as an eligible CVA hedge under the SA-CVA if the 
transaction satisfies the requirements of an eligible internal risk 
transfer of CVA risk, as described in section V.A.5.c. of this 
SUPPLEMENTARY INFORMATION.
    Under both the BA-CVA and SA-CVA, the proposal would not allow a 
banking organization to recognize a fraction of an actual transaction 
as an eligible CVA hedge. Instead, a banking organization would only be 
permitted to recognize whole transactions as eligible CVA hedges. For 
example, if a banking organization for internal risk management 
purposes uses an interest rate swap to hedge interest rate risk for 
both CVA and margin valuation adjustment, the banking organization 
would either have to recognize the entire swap when calculating its 
risk-based capital requirements for CVA risk or exclude the entire 
swap. The proposed treatment intends to prevent a banking organization 
from choosing a fraction of a hedging transaction to minimize its 
capital requirement.
    Finally, under both the BA-CVA and SA-CVA, the proposal would not 
allow a banking organization to recognize the risk mitigating benefits 
of CVA hedges that are securitization positions or correlation trading 
positions when calculating risk-based capital requirements for CVA 
risk. As reliably pricing such instruments is difficult, the agencies 
are concerned with the ability of a banking organization to measure 
reliably the price sensitivity of such positions to the proposed risk 
factors under the SA-CVA. The BA-CVA, as a very simplistic approach, is 
even less suitable than the SA-CVA for adequately capturing the risk of 
such instruments.
    Question 183: The agencies seek comments on the proposed 
interpretation of region for the purposes of BA-CVA. To what extent 
would limiting a region to a country or a territorial entity pose 
challenges for hedge recognition under BA-CVA? What, if any, other 
criteria or interpretations should the agencies consider and why?
4. General Risk Management Requirements
    The proposal would require a banking organization to satisfy 
certain general risk management requirements related to the 
identification and management of CVA risk covered positions and 
eligible CVA hedges and also to comply with additional operational 
requirements as described in section V.B.4.c. of this SUPPLEMENTARY 
INFORMATION.
a. Identification and Management of CVA Risk Covered Positions and CVA 
Hedges
    Identification of CVA risk covered positions and CVA hedges is the 
prerequisite of prudent CVA risk management. The proposal would 
therefore require a banking organization subject to the proposed CVA 
framework to identify all CVA risk covered positions and all 
transactions that hedge or are intended to hedge CVA risk. For 
transactions that hedge or are intended to hedge CVA risk, the proposal 
would require the banking organization to identify which are eligible 
CVA hedges and which are ineligible CVA hedges.\485\ A banking 
organization that received approval from its primary Federal supervisor 
to use the standardized measure for CVA risk would be required to 
identify all eligible CVA hedges for the purposes of calculating the 
BA-CVA and all eligible CVA hedges for the purpose of calculating the 
SA-CVA. Furthermore, a banking organization that hedges its CVA risk 
must have a clearly defined hedging policy for CVA risk that is 
reviewed and approved by senior management at least annually. The 
hedging policy would be required to quantify the level of CVA risk that 
the banking organization is willing to accept and detail the 
instruments, techniques, and strategies that the banking organization 
would use to hedge CVA risk.
---------------------------------------------------------------------------

    \485\ The proposal would exclude ineligible CVA hedges from both 
market risk and CVA risk capital requirements. Accordingly, this 
proposed requirement is intended to support appropriate risk 
measurement and monitoring of CVA risk and help ensure that a 
banking organization appropriately reflects the respective hedges in 
the calculation of risk-based capital requirements for CVA risk.
---------------------------------------------------------------------------

b. Documentation
    The proposal would also require a banking organization to have 
policies and procedures for determining its CVA risk capital 
requirement and to document adequately all material aspects of its 
management and identification of CVA risk covered positions and 
eligible CVA hedges, and its control, oversight, and review processes. 
Such general documentation requirements are intended to facilitate 
regulatory review and a banking organization's internal risk management 
and oversight processes.
    The proposed requirements are intended to appropriately support the 
active risk management and monitoring of CVA risk under the proposed 
framework.
c. Additional Risk Management Requirements for Use of the Standardized 
Measure for CVA Risk
    In addition to the general risk management requirements, a banking 
organization that has received approval from its primary Federal 
supervisor to use the standardized measure for CVA risk would be 
required to comply with additional operational requirements on 
documentation, initial approval and ongoing performance of regulatory 
CVA models as described below.
i. Documentation
    The proposal would require a banking organization using the SA-CVA 
to adequately document policies and procedures of the CVA desk, or 
similar dedicated function, and the independent risk control unit. 
Furthermore, the banking organization would be required to document the 
internal auditing process; the internal policies, controls, and 
procedures concerning the banking organization's CVA calculations for 
financial reporting purposes; the initial and ongoing validation of 
models used to calculate regulatory CVA (including exposure models); 
and the banking organization's process to assess the performance of 
models used for calculating regulatory CVA (including exposure models) 
and implement remedies to mitigate model deficiencies. The agencies 
expect that a banking organization would document any adjustments, if 
applicable, made to the CVA models to satisfy the operational 
requirements described in section V.B.4.c. of this SUPPLEMENTARY 
INFORMATION under SA-CVA. These enhanced documentation requirements are 
designed to help ensure that exposure models under the SA-CVA 
appropriately capture the CVA risk of CVA risk covered positions and 
that a banking organization has effective and sound risk management and 
oversight processes.
ii. Initial Approval
    To receive approval from its primary Federal supervisor to use the 
SA-CVA for any of its CVA risk covered positions, a banking 
organization must be capable of calculating, on at least a monthly 
basis, regulatory CVA (as described in section V.B.5.b.i. of this 
SUPPLEMENTARY INFORMATION), as well as the sensitivities of regulatory 
CVA to counterparty credit spreads and market risk factors. Due to the 
computational

[[Page 15082]]

intensity associated with calculating regulatory CVA and its 
sensitivities, the proposal would permit a banking organization to 
choose to recognize in its risk-based capital requirement certain 
netting sets of CVA risk covered positions under BA-CVA and other 
netting sets under SA-CVA. Furthermore, the prior approval from the 
primary Federal supervisor could specify which CVA risk covered 
positions must be included in the calculation of the BA-CVA, and which 
could be included in the calculation of the SA-CVA. If a banking 
organization were to use both SA-CVA and BA-CVA for the calculations of 
risk-based capital requirements for CVA risk, the proposal would 
require the banking organization to assign each CVA hedge that the 
banking organization intends to recognize in these calculations to one 
of the two approaches (SA-CVA or BA-CVA). This assignment would have to 
satisfy the eligibility requirements of the SA-CVA or the BA-CVA. For 
example, a single-name CDS hedging the counterparty credit spread 
component of CVA risk could be assigned to either the SA-CVA or the BA-
CVA, while an interest rate swap hedging the interest rate component of 
CVA risk could only be assigned to the SA-CVA. With this proposed 
requirement, the agencies intend to support appropriate risk 
measurement and monitoring of CVA risk and help ensure that a banking 
organization appropriately reflects the respective hedges in the 
calculation of risk-based capital requirements for CVA risk.
    To better align regulatory CVA with accounting CVA and to help 
ensure that CVA capital requirements more accurately reflect CVA risk, 
the proposal would require a banking organization to use CVA models 
that it uses for financial reporting purposes (accounting CVA models) 
to calculate regulatory CVA under the SA-CVA, adjusted, if necessary, 
to satisfy the additional requirements as described in section V.B.5.b. 
of this SUPPLEMENTARY INFORMATION.
    Furthermore, to support active management of CVA risk, the proposal 
would require a banking organization that intends to use the SA-CVA to 
have a CVA desk, or similar dedicated function, responsible for risk 
management and hedging of CVA risk consistent with the banking 
organization's CVA risk management and hedging policies and procedures. 
The agencies view a designated CVA desk or designated function as the 
best mechanism to support the active management of CVA risk.
    The primary Federal supervisor may rescind its approval of the use 
of the standardized measure for CVA risk in whole or in part, if it 
determines that the banking organization's models no longer comply with 
all applicable requirements or fails to reflect accurately the CVA 
risk. If the primary Federal supervisor determines that a banking 
organization's implementation of the SA-CVA risk no longer complies 
with proposed requirements or fails to accurately reflect CVA risk, the 
primary Federal supervisor could specify one or more types of CVA risk 
covered positions or eligible CVA hedges must be included in the BA-CVA 
or prescribe an alternative capital requirement.
iii. Ongoing Eligibility
    For a banking organization approved to use the standardized measure 
for CVA risk, the proposal would require the exposure models used in 
the calculation of regulatory CVA to be part of a CVA risk management 
framework that includes the identification, management, measurement, 
approval, and internal reporting of CVA risk.
I. Control and Oversight
    A banking organization that receives prior approval from its 
primary Federal supervisor to use the standardized measure for CVA risk 
would be required to maintain an independent risk control unit that is 
responsible for the effective initial and ongoing validation of the 
models used for calculating regulatory CVA (including exposure models), 
reports directly to senior management, and is independent of the 
banking organization's trading desks and CVA desk, or similar dedicated 
function, as well as the business unit that evaluates counterparties 
and sets limits.
    Senior management of the banking organization would be required to 
have oversight of the CVA risk control process. In addition, the 
banking organization would be required to have a regular independent 
audit review of the overall CVA risk management process, including both 
the activities of the CVA desk (or similar dedicated function) and of 
the independent risk control unit. The agencies intend that, together, 
the independent risk control unit and internal audit would provide 
appropriate review and credible challenge of the effectiveness of CVA 
risk management function.
II. Exposure Model Eligibility
    The proposal would introduce requirements for a banking 
organization that calculates the CVA risk-based capital requirements 
under SA-CVA to further strengthen its CVA risk management processes 
and promote effective CVA risk management pertaining specifically to 
CVA exposure models. Such requirements would guide the banking 
organization's internal CVA risk control unit and audit functions in 
providing appropriate review and challenge of CVA risk management. In 
particular, the proposal would require the banking organization to (1) 
include exposure models for the regulatory CVA calculation in its CVA 
risk management framework and (2) define criteria on which to assess 
the exposure models and their inputs and have a written policy in place 
describing the process for assessing the performance of exposure models 
and for remedying unacceptable performance.
    To help ensure that the CVA capital requirements are commensurate 
with CVA risk, the proposal would require a banking organization to 
have the exposure models used in regulatory CVA calculation be part of 
its ongoing CVA risk management framework, including identification, 
measurement, management, approval, and internal reporting of CVA risk. 
Such requirements would subject the regulatory CVA exposure models to 
ongoing effective measurement and management.
    Specifically, the proposal would require a banking organization to 
document the process for initial and ongoing validation of its models 
used for calculating regulatory CVA, including exposure models, with 
sufficient detail to enable a third party to understand the model's 
operations, limitations, and key assumptions. A banking organization 
would be required to validate, no less than annually, its CVA models 
including exposure models, and to account for other circumstances, such 
as a sudden change in market behavior, under which additional 
validation would need to be conducted more frequently. In addition, a 
banking organization would be required to sufficiently document how the 
validation is conducted with respect to data flows and portfolios, what 
analyses are used, and how representative counterparty portfolios are 
constructed. As part of the independent model validation, a banking 
organization would be required to test the pricing models used to 
calculate exposure for given paths of market risk factors against 
appropriate independent benchmarks for a wide range of market states as 
part of the initial and ongoing model validation process. The proposal 
would require the pricing models for CVA risk covered positions that 
are options to account for

[[Page 15083]]

the non-linearity of option value with respect to market risk factors.
    Additionally, a banking organization would be required to obtain 
current and historical market data that are either independent of the 
line of business or validated independently of the line of business, to 
be used as an input for an exposure model, as well as comply with 
applicable financial reporting standards. The proposal would require 
well-developed data integrity processes to handle the data of erroneous 
and anomalous observations, and that data be input into exposure models 
in a timely and complete fashion and be maintained in a secure database 
that is subject to formal periodic audits. Where data used in the 
exposure model are proxies for actual market data, the proposal would 
require a banking organization to set internal policies to identify 
suitable proxies and be able to demonstrate, empirically on an ongoing 
basis, that the proxy data are a conservative representation of the 
underlying risk under adverse market conditions.
    To accurately calculate simulated paths of a discounted future 
exposure required for regulatory CVA calculations as discussed below, a 
banking organization's exposure models would need to capture and 
accurately reflect transaction-specific information (for example, terms 
and specifications). A banking organization would be required to verify 
that transactions are assigned to the appropriate netting set within 
the model. The terms and specifications would need to reside in a 
secure database subject to at least annual formal audit. The 
transmission of the transaction terms and specifications data to the 
exposure model would also be subject to internal audit. The proposal 
would require a banking organization to establish formal reconciliation 
processes between the internal model and source data systems to verify 
on an ongoing basis that transaction terms and specifications are being 
reflected correctly or at least conservatively.
5. Measure for CVA Risk
    To calculate the risk-based capital requirement for CVA risk, the 
proposal would provide a basic measure for CVA risk and a standardized 
measure for CVA risk. Under the proposal, the basic measure for CVA 
risk would include risk-based capital requirements for all CVA risk 
covered positions and eligible CVA hedges calculated using the BA-CVA, 
and any other additional capital requirement for CVA risk established 
by a banking organization's primary Federal supervisor if the primary 
Federal supervisor determines that the capital requirement for CVA risk 
as calculated under the BA-CVA is not commensurate with the CVA risk of 
the banking organization's CVA risk covered positions. The standardized 
measure for CVA risk would include risk-based capital requirements 
calculated under (1) the SA-CVA for all standardized CVA risk covered 
positions \486\ and standardized CVA hedges, (2) the BA-CVA for all 
basic CVA risk covered positions \487\ and basic CVA hedges, and (3) 
any additional capital requirement for CVA risk established by a 
banking organization's primary Federal supervisor if the primary 
Federal supervisor determines that the capital requirement for CVA risk 
as calculated under the SA-CVA and BA-CVA is not commensurate with the 
CVA risk of the banking organization's CVA risk covered positions. The 
primary Federal supervisor may require the banking organization to 
maintain an overall amount of capital that differs from the amount 
otherwise required under the proposal, if the primary Federal 
supervisor determines that the banking organization's CVA risk capital 
requirements under the rule are not commensurate with the risk of the 
banking organization's CVA risk covered positions, a specific CVA risk 
covered position, or portfolios of such positions, as applicable.
---------------------------------------------------------------------------

    \486\ The proposal would define standardized CVA risk covered 
positions as all CVA risk covered positions that are not basic CVA 
risk covered positions; these terms are used in the standardized 
measure for CVA risk.
    \487\ The proposal would define basic CVA risk covered positions 
as CVA risk covered positions that must be included in the BA-CVA 
because: (i) the banking organization does not have supervisory 
approval to use the SA-CVA for these CVA risk covered positions; or 
(ii) the banking organization chooses to exclude the netting sets 
with these CVA risk covered positions from the SA-CVA.
---------------------------------------------------------------------------

    Banking organizations that use the current exposure methodology for 
counterparty credit risk would be required to use the basic measure for 
CVA risk. A banking organization that uses SA-CCR for counterparty 
credit risk would only be able to use the standardized measure for CVA 
risk if it has received prior approval from the primary Federal 
supervisor. A banking organization that has received prior approval 
from its primary Federal supervisor to use the standardized measure for 
CVA risk would be required to include all CVA risk covered positions 
that are outside of the approval scope of the SA-CVA in the BA-CVA. 
Furthermore, a banking organization could choose to exclude any number 
of in-scope netting sets from SA-CVA calculations and recognize them 
instead in the BA-CVA. Given that the calculation of CVA sensitivities 
to market risk factors in the SA-CVA is computationally intensive for 
large netting sets, the proposal would allow a banking organization to 
restrict application of the SA-CVA only to netting sets with the most 
material CVA risk. A banking organization may also bifurcate CVA risk 
covered positions of a single netting set between SA-CVA and BA-CVA. 
Thus, for a banking organization that has received prior approval from 
its primary Federal supervisor to use the standardized measure for CVA 
risk, the CVA capital requirement generally would equal the SA-CVA 
capital requirement for its CVA risk covered positions and eligible CVA 
hedges recognized under SA-CVA (these CVA risk covered positions and 
eligible CVA hedges are referred to as ``standardized'' in the 
proposal), plus the BA-CVA capital requirement for its CVA risk covered 
positions and eligible CVA hedges recognized under BA-CVA (these CVA 
risk covered positions and eligible CVA hedges are referred to as 
``basic'' in the proposal), if applicable.
    After calculating the CVA capital requirement using either the 
basic measure for CVA risk or the standardized measure for CVA risk, a 
banking organization's total capital requirements for CVA risk would 
equal the CVA capital requirement multiplied by 12.5. Additionally, the 
primary Federal supervisor could require the banking organization to 
maintain an amount of regulatory capital that differs from the amounts 
required under the basic measure for CVA risk or the standardized 
measure for CVA risk.
a. Basic Approach for CVA Risk
    Similar to the simple CVA approach in the current capital rule, the 
capital requirement for CVA risk under the BA-CVA would be calculated 
according to a formula, described below, that approximates CVA expected 
shortfall, which replaces value-at-risk in the simple CVA approach, 
assuming fixed expected exposure profiles and based on a set of 
simplifying assumptions. The assumptions provide that: (1) all credit 
spreads have a flat term structure; (2) all credit spreads at the time 
horizon have a lognormal distribution; (3) each single name credit 
spread is driven by the combination of a single systematic risk factor 
and an idiosyncratic risk factor; (4) the correlation between any 
single name credit spread and the systematic risk factor is 0.5, and 
(5) the single systematic risk factor drives all credit indices without 
any idiosyncratic risk component.

[[Page 15084]]

    The BA-CVA would improve upon the simple CVA approach in the 
current capital rule by: (1) providing limited recognition for the 
risk-mitigating benefit of eligible single-name credit instruments that 
do not reference a counterparty directly; (2) putting a restriction on 
hedge effectiveness; (3) relying on risk weights derived from the SA-
CVA; and (4) introducing a new method of calculating risk weights for 
credit indices.
    Under the proposal, the risk-based capital requirement under the 
BA-CVA would be calculated according to the following formula, as 
provided under Sec.  __.222(a) of the proposed rule:

Kbasic = 0.65 [middot] (b [middot] Kunhedged + (1-b) [middot] Khedged)

Where:

Kbasic is the risk-based capital requirement under the BA-CVA;
Kunhedged is the risk-based capital requirement for CVA positions 
before recognizing the risk mitigating effect of eligible CVA 
hedges;
Khedged is the risk-based capital requirement after recognizing such 
hedges; and
b is a regulatory parameter set to 0.25.

    The formula sets the capital requirement under the BA-CVA equal to 
the weighted average of Kunhedged and Khedged scaled by a factor of 
0.65 in order to ensure that the simpler and less risk-sensitive BA-CVA 
method is calibrated appropriately relative to the SA-CVA. Applying the 
weighted average in the BA-CVA capital requirement formula is a 
conservative measure that implicitly recognizes the presence of the 
expected exposure component of CVA risk by reducing the effectiveness 
of eligible CVA hedges to 75 percent (preventing a banking 
organization's eligible CVA hedges from fully offsetting the CVA risk 
of its CVA risk covered positions).\488\ Thus, even if a banking 
organization perfectly hedges the counterparty credit spread component 
of CVA risk, the BA-CVA capital requirement would be equal to 0.65 
[middot] (0.25 [middot] Kunhedged). For a banking organization that 
does not hedge CVA risk, eliminating the recognition of eligible CVA 
hedges would result in Khedged = Kunhedged, so that the BA-CVA 
calculation would become:
---------------------------------------------------------------------------

    \488\ Suppose, for example, that a banking organization 
perfectly offsets the counterparty credit spread component of CVA 
risk, so that Khedged = 0. Allowing the banking organization to set 
the BA-CVA to zero in this case would not be prudent because there 
is also the exposure component of CVA risk, which is not explicitly 
captured by the BA-CVA.

Kbasic = 0.65 [middot] (Kunhedged)
i. Calculation of Kunhedged
    Under BA-CVA, the proposal would first require a banking 
organization to calculate the risk-based capital requirements for CVA 
risk covered positions without recognizing the risk mitigating effect 
of eligible CVA hedges, Kunhedged, for each counterparty on a stand-
alone basis (SCVAc) and then aggregate the respective standalone 
counterparty capital requirements across counterparties, as expressed 
by the following formula:
[GRAPHIC] [TIFF OMITTED] TP27MR26.088

    The first term under the square root in the formula (([rho] 
[middot] [Sigma] CSCVAC)2) aggregates the systematic components of CVA 
risk, while the second term under the square root in the formula ((1-
[rho]2) [middot] [Sigma]C(SCVAC2)) 
aggregates the idiosyncratic components of CVA risk. The purpose of the 
Kunhedged formula is intended to reflect the potential losses arising 
from unhedged CVA risk.
I. Regulatory Correlation Parameter
    One of the basic assumptions underlying the BA-CVA is that a single 
risk factor drives systematic credit spread risk. This assumption is 
important because it simplifies the credit spread correlation 
structure. The proposed regulatory correlation parameter [rho] of 0.5 
approximates the correlation between the credit spread of a 
counterparty and the systematic risk factor. The square of the 
regulatory correlation parameter (0.25) approximates the correlation 
between credit spreads of any two counterparties. The proposed value of 
the regulatory correlation parameter is generally consistent with 
historically observed correlations between credit spreads and would 
appropriately recognize the diversification of CVA risk by ensuring 
that a banking organization's exposure would be less than the sum of 
the CVA risks for each counterparty.
II. Standalone CVA Capital Requirement for Each Counterparty 
(SCVAC)
    SCVAC represents the capital requirement a banking organization 
would be subject to under the BA-CVA if a single counterparty were the 
only counterparty with which the banking organization has CVA risk 
covered positions (that is ignoring the existence of the other 
counterparties), and there are no eligible CVA hedges to consider. For 
purposes of calculating SCVAC, the proposal first would require a 
banking organization to calculate for each netting set the product of 
the effective maturity MNS, the exposure at default amount EADNS, and 
the regulatory discount factor DFNS, and sum the resulting products 
across all netting sets with the same counterparty. The banking 
organization would multiply the resulting quantity for each 
counterparty by the supervisory risk weight of the counterparty RWC 
from Table 1 to Sec.  __.222 and divide by alpha ([alpha]), discussed 
below, as expressed by the following formula: \489\
---------------------------------------------------------------------------

    \489\ The above formula for SCVAc is a simplified representation 
of how the expected shortfall of the counterparty credit spread 
component of CVA risk of a single counterparty can be calculated.
[GRAPHIC] [TIFF OMITTED] TP27MR26.089

    The proposal would set the exposure at default amount, EADNS, for 
the netting set, NS, equal to the exposure amount calculated by the 
banking organization for the same netting set for counterparty credit 
risk capital

[[Page 15085]]

requirements according to Sec.  __. 34 of the current rule or Sec.  __. 
113 of the proposal,\490\ which captures the potential losses in the 
event of the counterparty's default. The effective maturity of the 
netting set, MNS, would equal the weighted-average remaining maturity, 
measured in whole or fractional years, of the individual CVA risk 
covered positions in the netting set, NS, with the weight of each 
individual position set equal to the ratio of the notional amount of 
the position to the aggregate notional amount of all CVA risk covered 
positions in the netting set.\491\ As the proposal would define the 
effective maturity of a netting set as an average of the actual CVA 
risk covered position maturities, the regulatory discount factor, DFNS, 
would scale down the potential losses projected over the effective 
maturity of the netting set to their net present value, using a 5 
percent interest rate. The proposed interest rate would be a reasonable 
discount factor and generally consistent with historical long-term 
interest rates. The proposal would define components of the 
SCVAc calculation at a netting set level, thus clarifying 
the use of counterparty-level exposure at default and effective 
maturity calculated in the same way as the banking organization 
calculates it for minimum capital requirements for counterparty credit 
risk.
---------------------------------------------------------------------------

    \490\ Under the proposal, banking organizations that would be 
subject to the proposed expanded risk-based approach or that have 
elected to use SA-CCR to calculate counterparty credit risk exposure 
amounts would be required to use the Exposure Amount for the single 
product netting set or the Exposure Amountderivatives for cross-
product netting set calculated under SA-CCR for purposes of EADNS 
within the proposed BA-CVA approach. See Sec.  __.34 of the current 
rule or Sec.  __.113 through Sec.  __.114 of the proposed rule, as 
applicable. All other banking organizations would be required to use 
the exposure amount produced by the current exposure methodology for 
purposes of EADNS within the proposed BA-CVA approach.
    \491\ For a netting set consisting of a single transaction (for 
example, a derivative contract that is not subject to a qualifying 
master netting agreement, the effective maturity would equal the 
remaining contractual maturity of the derivative contract.
---------------------------------------------------------------------------

A. Supervisory Risk Weights (RWc)
    Table 1 to Sec.  __.222 of the proposed rule provides the proposed 
supervisory risk weights for each counterparty, RWc, which reflect the 
potential variability of credit spreads based on a combination of the 
sector and credit quality of the counterparty or of the eligible hedge 
reference entity. With the exception of sovereign exposures, specified 
supranational entities, and MDBs, each sector would have two risk 
weights, one for counterparties that are investment grade, as defined 
in the current rule,\492\ and one for counterparties that are 
speculative grade or sub-speculative grade, each as defined in the 
proposal.\493\ Sovereign exposures, specified supranational entities, 
and MDBs would have separate risk weights for counterparties that are 
speculative grade and counterparties that are sub-speculative grade. 
The proposed supervisory risk weights match the risk weights set out in 
the SA-CVA for counterparty credit spread risk class.
---------------------------------------------------------------------------

    \492\ See the definition of Investment Grade in the capital 
rule. 12 CFR 3.2 (OCC); 12 CFR 217.2 (Board); 12 CFR 324.2 (FDIC).
    \493\ See the definitions of Speculative Grade and Sub-
Speculative Grade in Sec.  __.2 of the proposed rule.
---------------------------------------------------------------------------

    The proposal would provide counterparty sectors generally similar 
to those contained in the Basel standards and a treatment for certain 
U.S.-specific counterparties (for example, GSEs and public sector 
entities). Specifically, the proposal would group GSEs and public 
sector entities (PSEs) with government-backed non-financials, education 
and public administration to appropriately reflect the potential 
variability in the credit spreads of such counterparties, as shown in 
Table 1 to Sec.  __.222 below.
[GRAPHIC] [TIFF OMITTED] TP27MR26.090

    Counterparty credit spread risk for financial entities is a large 
component of CVA-related capital requirements and the financial sector 
bucket comprises a broad category of financial entities including 
financial institutions as defined in the capital rule,\495\ mutual 
funds, pension funds, registered investment companies, hedge funds, and 
other financial entities. Although regulated financial entities have 
many similar characteristics to other financial entities, such as hedge 
funds and private equity funds, they also differ in ways that may 
significantly affect CVA risk. For example, regulated financial 
entities typically differ from other financial entities in capital 
structure, scope and risk of activities, regulatory frameworks, and are 
also subject to robust disclosure requirements, regulatory oversight, 
or supervision. Therefore, regulated financial entities may present a 
different risk profile for

[[Page 15086]]

purposes of CVA risk compared to other financial entities and the 
agencies are seeking comments on a potential modification to the 
proposed supervisory risk weights that would introduce separate 
supervisory risk weights for counterparty credit spread risk within the 
financial sector bucket to reflect potential differences in risk 
profiles between regulated financial entities and other financial 
entities. The agencies seek feedback on the appropriateness of 
assigning lower supervisory risk weights (such as a range between 3 and 
5 percent for investment grade and a range between 8.5 and 12 percent 
for speculative or sub-speculative) to certain regulated financial 
entities to better differentiate risk profiles of the various types of 
entities within the financial sector bucket.\496\ The agencies seek 
feedback on whether these additional supervisory risk weights would 
enhance the risk-sensitivity of the CVA risk capital requirement by 
better capturing differences in the risk profiles of the various 
entities within the financials sector bucket.
---------------------------------------------------------------------------

    \494\ Under Sec.  __.2 of the current capital rule, public 
sector entity (PSE) means a state, local authority, or other 
governmental subdivision below the sovereign level.
    \495\ See 12 CFR 3.2 (OCC); 12 CFR 217.2 (Board); 12 CFR 324.2 
(FDIC).
    \496\ For example, banks, insurance companies, broker-dealers, 
pension funds, and investment companies registered with the SEC 
under the 1940 Act or foreign equivalents thereof (registered 
investment companies).
---------------------------------------------------------------------------

    Question 184: The agencies seek comments on the appropriateness of 
the proposed risk weights of Table 1 to Sec.  __.222 for financials, 
including government-backed financials. What, if any, alternative risk 
weights should the agencies consider? What are the advantages and 
disadvantages of subjecting regulated financial entities (such as 
banks, insurance companies, broker-dealers, pension funds, and 
registered investment companies or their foreign equivalents) to lower 
risk weights? Please provide specific details and supporting evidence 
on the alternative risk weights.
    Question 185: The agencies seek comments on the appropriateness of 
treating the counterparty credit risks of public-sector entities and 
the GSEs in the same way as those of government-backed non-financials, 
education, and public administration entities. What, if any, 
alternatives should the agencies consider to more appropriately capture 
the counterparty credit risk for such entities?
    Question 186: The agencies seek comments on the appropriateness of 
applying a 0.65 calibration factor in the formula setting the capital 
requirement under the BA-CVA to ensure that CVA risk capital 
requirements appropriately reflect CVA risk. What other level of 
calibration should the agencies consider and why? If IMM were retained 
as a method to calculate the capital requirements for counterparty 
credit risk, what if any adjustments to the multiplier should the 
agencies consider to reflect the generally reduced capital requirements 
for banking organizations that use IMM for purposes of calculating the 
BA-CVA?
B. Alpha Factor ([alpha])
    As previously discussed, when calculating a standalone CVA 
counterparty-level capital requirement, the proposal would require a 
banking organization to use the exposure amount that it uses in the 
counterparty credit risk framework. The exposure amount determined in 
the counterparty credit risk framework under SA-CCR would be the sum of 
replacement cost and potential future exposure multiplied by a 
multiplication factor (the alpha factor) to capture certain risks (for 
example, wrong-way risk \497\ and risks resulting from non-perfect 
granularity).\498\ CVA calculations are based on expected exposure, 
which in SA-CCR is proxied by the sum of replacement cost and potential 
future exposure. Accordingly, the proposal would remove the effect of 
this multiplication factor from the risk-based capital requirement for 
CVA risk by dividing the exposure at default amount used in the SCVAc 
formula by the alpha factor. Specifically, the proposal would require 
such banking organization to use the same alpha factor in calculating 
the risk-based capital required under the BA-CVA as required in 
exposure amount calculations under SA-CCR by setting the alpha factor 
at 1.4 for derivative contracts with counterparties that are not 
commercial end-users and at 1 for derivative contracts with 
counterparties that are commercial end-users.
---------------------------------------------------------------------------

    \497\ Wrong-way risk reflects the situation where exposure is 
positively correlated with the counterparty's probability of 
default--that is, the exposure amount of the derivative contract 
increases as the counterparty's probability of default increases.
    \498\ See 85 FR 4362 (Jan. 24, 2020). Under SA-CCR, the alpha 
factor generally is set at 1.4. However, for a derivative contract 
with a commercial end-user counterparty, the alpha factor is removed 
from the exposure amount formula. This is equivalent to applying an 
alpha factor of 1 to these contracts.
---------------------------------------------------------------------------

    Unlike SA-CCR, the exposure amount determined in the counterparty 
credit risk framework under the current exposure methodology does not 
reflect a multiplication factor. Accordingly, the proposal would set 
the alpha factor equal to 1 for banking organizations that use the 
current exposure methodology to calculate exposure amount in the 
counterparty credit risk framework.
    Question 187: The agencies seek comment on using the counterparty 
credit risk framework to calculate the exposure amount for the 
standalone CVA counterparty-level capital requirement. Does the CVA 
capital requirement pose particular issues in the case of nonfinancial 
counterparties? If so, what modifications should the agencies consider 
to mitigate such issues?
ii. Calculation of Khedged
    The second component of the BA-CVA calculation, Khedged, represents 
the risk-based capital requirements for CVA risk after recognizing the 
risk mitigation benefits of eligible CVA hedges, as expressed by the 
following formula:
[GRAPHIC] [TIFF OMITTED] TP27MR26.091


[[Page 15087]]


    In general, the calculation of Khedged follows that of Kunhedged, 
but introduces new terms to reflect the risk-mitigating effect of 
eligible CVA hedges.\499\ The first term, ((r [middot] 
[Sigma]C(SCVAc-SNHc)-IH)2), recognizes the risk 
mitigating effect of single-name hedges (SNHc) and index hedges (IH) on 
the systematic component of a banking organization's aggregate CVA 
risk. The second term, ((1-r2) [middot] [Sigma]c(SCVAc-
SNHc)2), recognizes the risk mitigating effect of single-
name hedges on the aggregate idiosyncratic component of aggregate CVA 
risk. The third term, [Sigma]cHMAc, aggregates 
the components of indirect single-name hedges that are not aligned with 
counterparty credit spreads and is designed to limit the regulatory 
capital reduction a banking organization may realize from indirect 
hedges given that such hedges will not fully offset movements in a 
counterparty's credit spread (that is, indirect hedges cannot reduce 
Khedged to zero).
---------------------------------------------------------------------------

    \499\ The standalone CVA capital, SCVAc, and regulatory 
correlation parameter, r, are defined in exactly the same way as in 
the formula for CVA risk covered positions Kunhedged. See section 
V.B.5.a.i. of this SUPPLEMENTARY INFORMATION.
---------------------------------------------------------------------------

I. Single-Name Hedges of Credit Spread Risk (SNHc)
    Under the proposal, to calculate the capital reduction for a 
single-name hedging instrument, a banking organization would multiply 
the supervisory prescribed correlation (rhc) between the credit spread 
of the counterparty and the hedging instrument, the supervisory risk 
weight of the reference name of the hedging instrument (RWh), the 
remaining maturity of the hedging instrument in years (MhSN), the 
notional amount of the hedging instrument (BhSN) \500\ and the 
supervisory discount factor (DFhSN). The offsetting benefit of all 
single-name hedges of credit spread risk on the CVA risk of each 
counterparty (SNHc) would equal the simple sum of the capital reduction 
for each eligible CVA hedge that a banking organization uses to hedge 
the counterparty credit spread component of CVA risk of a given 
counterparty as expressed by the following formula:
---------------------------------------------------------------------------

    \500\ Under the proposal, the notional amount for single-name 
contingent CDS would be determined by the current market value of 
the reference portfolio or instrument.
[GRAPHIC] [TIFF OMITTED] TP27MR26.092

    Risk weights (RWh) would be based on a combination of the sector 
and the credit quality of the reference name of the hedging instrument 
as prescribed in Table 1 to Sec.  __.222 included above. Parameter rhc 
is the regulatory value of the correlation between the credit spread of 
the counterparty and the credit spread of the reference name of an 
eligible single-name hedge as prescribed in Table 2 to Sec.  __.222 
below.
[GRAPHIC] [TIFF OMITTED] TP27MR26.093

II. Hedge Mismatch Adjustment for Indirect Single-Name Hedges 
(HMAc)
    Under the proposal, the portion of the indirect hedges that are not 
recognized in SNHc due to the imperfect regulatory prescribed 
correlation would be reflected in the hedge mismatch adjustment, HMAc, 
as expressed by the following formula:
[GRAPHIC] [TIFF OMITTED] TP27MR26.094

    While the summation would cover all single-name hedges assigned to 
counterparty c, only indirect hedges for which correlation with the 
counterparty spread is non-perfect (that is, the regulatory prescribed 
correlation (rhc) is less than one) would contribute to HMAc.
III. Index Hedges of Credit Spread Risk (IH)
    Under the proposal, the total amount by which index hedges of 
credit spread risk reduce the systematic component of the aggregate CVA 
risk across all counterparties, IH, would equal the simple sum of the 
capital reduction amounts for eligible CVA hedges that are index 
hedges, which would be calculated for each such hedge as the product of 
the supervisory risk weight (RWi), the remaining maturity in years 
(Miind), notional amount (Biind), and the supervisory discount factor 
(DFiind), as expressed by the following formula:

[[Page 15088]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.095

    Each term in the summation in the formula for IH above is a 
simplified representation of how the expected shortfall for the market 
value of a given index hedge can be calculated. Because of the BA-CVA's 
underlying assumption that each credit index is driven by the same 
systematic factor without any idiosyncratic risk component, the 
expected shortfall of each individual index hedge would be aggregated 
via simple summation across all such hedges, and the result of this 
aggregation (IH) would appear only in the systematic risk component in 
the formula for Khedged above.
    To determine the appropriate supervisory risk weight (RWi) for each 
index hedge, the proposal would require a banking organization to 
adjust the supervisory risk weights in Table 1 to Sec.  __.222. 
Specifically, for index hedges where all the underlying constituents 
belong to the same sector and are of the same credit quality, a banking 
organization would assign the index hedge to the corresponding bucket 
used for single-name positions and multiply the supervisory risk weight 
by 0.7. For index hedges where the underlying constituents span 
multiple sectors or are not of the same credit quality, the banking 
organization would calculate the notional-weighted average of the risk 
weights assigned to each underlying constituent in the index based on 
the risk weights provided in Table 1 to Sec.  __.222 and multiply the 
result by 0.7. Multiplication by a factor of 0.7 is intended to 
recognize diversification of idiosyncratic risk of individual index 
constituents.
b. Standardized Approach for CVA Risk
    The SA-CVA is an adaptation of the sensitivities-based method used 
in the standardized measure for market risk as described in section 
V.A.7.a. of this SUPPLEMENTARY INFORMATION. The inputs to the SA-CVA 
calculations are sensitivities of the aggregate regulatory CVA 
(discussed in the following subsection) and of the market value of all 
eligible CVA hedges under SA-CVA (discussed below in this section) to 
delta and vega risk factors specified in the proposal. In general, the 
proposed SA-CVA would closely follow the sensitivities-based method for 
market risk with some exceptions. Broadly, the SA-CVA calculation would 
reflect capital requirements for only delta and vega (but not 
curvature), apply slightly different steps in the calculation of the 
risk-weighted net sensitivity, use less granular risk factors and 
buckets, and include a capital multiplier to account for model risk.
    There are other specific differences between the SA-CVA and the 
sensitivities-based method for market risk. Unlike the market risk of 
trading instruments, CVA risk always depends on two types of risk 
factors: the term structure of credit spreads of the counterparty and a 
set of market risk factors that drives the expected exposure of the 
banking organization to the counterparty. For this reason, the SA-CVA 
would have six distinct risk classes for the CVA delta capital 
requirement: counterparty credit spread and the five risk classes for 
exposure-related market risk factors which are the interest rate, 
foreign exchange, reference credit spread, equity, and commodity risk 
classes. Regulatory CVA is approximately linear in counterparty credit 
spreads and does not depend on their volatilities. Accordingly, 
calculation of the CVA vega capital requirement would not be required 
in the counterparty credit spread risk class. Expected exposure, on the 
other hand, is always sensitive to volatilities of market risk factors 
that drive market values of CVA risk covered positions. Because of 
this, a banking organization would be required to calculate the CVA 
vega capital requirements for the five exposure-related risk classes 
regardless of the presence of options in CVA risk covered positions.
    Regulatory CVA would require simulating future exposure that 
depends on multiple market risk factors over long time horizons. 
Calculation of each CVA sensitivity to an exposure-related market risk 
factor would involve a separate regulatory CVA calculation, which could 
limit the number of CVA sensitivities to market risk factors that a 
banking organization could realistically calculate. Accordingly, the 
agencies would reduce the granularity of both delta and vega risk 
factors in the five exposure-related risk classes in the SA-CVA 
compared to the sensitivities-based method for market risk. Curvature 
calculations would not be required. For the five exposure-related risk 
classes, the SA-CVA would use the same buckets, regulatory risk weight 
calibrations, and correlation parameters as are used in the 
sensitivities-based method for market risk, with necessary adjustments 
for the SA-CVA's reduced granularity of market risk factors.
    In contrast to market risk factors that drive exposure, CVA 
sensitivities to counterparty credit spreads can be calculated based on 
a single regulatory CVA calculation. In the counterparty credit spread 
risk class, the SA-CVA would use the same granularity of risk factors 
as are used in the sensitivities-based method for market risk. Vega and 
curvature calculations would not be required in the counterparty credit 
spread risk class because regulatory CVA would be approximately linear 
with respect to counterparty credit spreads. For counterparty credit 
spreads, the SA-CVA would adjust buckets and correlations based on the 
role that counterparty credit spreads play in CVA calculations.
i. Regulatory CVA
    Under the proposal, the aggregate regulatory CVA would equal the 
simple sum of counterparty-level regulatory CVAs. Counterparty-level 
regulatory CVA is intended to reflect an estimate of the market 
expectation of future loss that a banking organization would incur on 
its portfolio of derivatives with a counterparty in the event of the 
counterparty's default, assuming that the banking organization survives 
until the maturity of the longest instrument in the portfolio. For 
consistency in the calculation of risk-based capital across banking 
organizations, the proposal would require a banking organization to 
apply a positive sign to non-zero losses, so that regulatory CVA is 
always a positive quantity. The proposal would require a banking 
organization to base the calculation of regulatory CVA for each 
counterparty on at least three sets of inputs: the term structure of 
market-implied probability of default (market-implied PD) of the 
counterparty, the market-consensus expected loss-given-default (ELGD), 
and the simulated paths of discounted future exposure. In addition to 
the three specified inputs, the proposal would also allow a banking 
organization to use models that incorporate additional inputs for 
purposes of calculating regulatory CVA.
I. Term Structure of Market-Implied PD
    The proposal would require a banking organization to use credit 
spreads observed in the markets, if available, to estimate the term 
structure of the market-implied PD based on market expectations of the 
likelihood that the

[[Page 15089]]

counterparty will default by a certain point in the future. Relative to 
historical default probabilities, market-implied PDs are typically 
substantially higher as they reflect the premium that investors demand 
for accepting default risk.
    As many counterparties' credit is not actively traded, the proposal 
would allow a banking organization to use proxies to estimate the term 
structure of market-implied PD. For these illiquid counterparties, a 
banking organization would be required to estimate proxy credit spreads 
from credit spreads observed in the market for the counterparty's 
liquid peers, determined using, at a minimum, credit quality, industry, 
and region. Alternatively, the proposal would permit a banking 
organization to map an illiquid counterparty to a single liquid 
reference name if the banking organization demonstrates to its primary 
Federal supervisor the appropriateness of such mapping.\501\ In 
addition, for illiquid counterparties for which there are no available 
credit spreads of liquid peers, the proposal would permit a banking 
organization to use an estimate of credit risk to proxy the credit 
spread of an illiquid counterparty (for example, to use a more 
fundamental analysis of credit risk based on balance sheet information 
or other approaches). While historical default probabilities may form 
part of this analysis, the resulting spread would have to relate to 
credit markets as well. This requirement would help ensure that the 
estimated term structure of market-implied PD reflects the market risk 
premium for counterparty credit risk.
---------------------------------------------------------------------------

    \501\ For example, a banking organization may be permitted to 
use the credit spread curve of the home country as a proxy for that 
of a municipality in the home country (that is, setting the 
municipality credit spread equal to the sovereign credit spread plus 
a premium).
---------------------------------------------------------------------------

II. Market-Consensus ELGD
    In general, the proposal would require a banking organization to 
use the market-consensus ELGD value that is used to calculate the 
market-implied PDs from the counterparty's credit spreads. The fraction 
of exposure that a banking organization would lose in the event of a 
counterparty default (that is, loss given default) depends on the 
seniority of the derivative contracts that the banking organization has 
with the counterparty at the time of default. Most CDS contracts, which 
are used to calculate the market-implied PD, allow for delivery of 
senior unsecured bonds and thus have the same seniority as senior 
unsecured bonds in bankruptcy. By generally requiring a banking 
organization to use the same market-consensus ELGD as the one used in 
calculations of the market-implied PD from the credit spreads, the 
proposal would require a banking organization to generally assume that 
derivative contracts' seniority is the same as the seniority of senior 
unsecured bonds. If a banking organization's derivative contracts with 
the counterparty are more or less senior to senior unsecured bonds, the 
proposal would allow a banking organization to adjust the market-
consensus ELGD to appropriately reflect the lower or higher losses 
arising from such exposures. However, the proposal would not allow a 
banking organization to use collateral provided by the counterparty as 
the justification for changing the market-consensus ELGD as the banking 
organization would already have considered collateral in determining 
its exposure to the counterparty.
III. Simulated Paths of Discounted Future Exposure
    To align regulatory CVA with industry practices, the regulatory CVA 
calculation in the SA-CVA would generally be based on the exposure 
models that a banking organization uses to calculate CVA for purposes 
of financial reporting. Specifically, a banking organization would 
obtain the simulated paths of discounted future exposure by using the 
exposure models the banking organization uses for calculating CVA for 
financial reporting, adjusted, if needed, to meet the requirements 
imposed for the regulatory CVA calculation, as described below. The 
proposal would require that these exposure models be subject to the 
same model calibration processes (with the exception of the margin 
period of risk, which would have to meet the regulatory floors), and 
use the same market and transaction data as the exposure models that 
the banking organization uses for calculating CVA for financial 
reporting purposes.
    To produce the simulated paths of discounted future exposure, a 
banking organization would price all standardized CVA risk covered 
positions with the counterparty along simulated paths of relevant 
market risk factors and discount the prices to today using risk-free 
interest rates along the path. The banking organization would be 
required to simulate all market risk factors material to the 
transactions as stochastic processes for an appropriate number of paths 
defined on an appropriate set of future time points extending to the 
maturity of the longest transaction. The proposal would require drifts 
of risk factors to be consistent with a risk-neutral probability 
measure and would not permit historical calibration of drifts. The 
banking organization would be required to calibrate volatilities and 
correlations of market risk factors to current market data whenever 
sufficient data exist in a given market, although the proposal would 
permit a banking organization to use historical calibrations of 
volatilities and correlations if sufficient current market data are not 
available. A banking organization's assumed distributions for modelled 
risk factors would be required to account for the possible non-
normality of the distribution of exposures, including the existence of 
leptokurtosis (that is, ``fat tails''), where appropriate. The banking 
organization would be required to use the same netting recognition as 
in its CVA calculations for financial reporting. Where a transaction 
has a significant level of dependence between exposure and the 
counterparty's credit quality, the banking organization would be 
required to take this dependence into account.
    The proposal would permit a banking organization to recognize 
financial collateral as a risk mitigant for margined counterparties if 
the financial collateral would be included in the net independent 
collateral amount or variation margin amount and the collateral 
management requirements in SA-CCR are satisfied.
    The proposal would require that (1) simulated paths of discounted 
future exposure capture the effects of margining collateral that is 
recognized as a risk mitigant along each exposure path; and (2) the 
exposure model appropriately captures all the relevant contractual 
features such as the nature of the margin agreement (that is, 
unilateral versus bilateral), the frequency of margin calls, the type 
of collateral, thresholds, independent amounts, initial margins, and 
minimum transfer amounts.\502\ To determine collateral available to a 
banking organization at a given exposure measurement time, the proposal 
would require a banking organization's exposure model to assume that 
the counterparty will not post or return any collateral within a 
certain time period immediately prior to that time, known as the margin 
period of risk (MPoR). The proposal specifies a minimum length of time 
for the MPoR. For all CVA risk covered positions, the minimum MPoR is 
equal to 9 + N business days, or 10 business days for margin agreements

[[Page 15090]]

with daily or intra-daily exchange of margin.
---------------------------------------------------------------------------

    \502\ Minimum transfer amount means the smallest amount of 
variation margin that may be transferred between counterparties to a 
netting set pursuant to the variation margin agreement.
---------------------------------------------------------------------------

ii. Calculation of the SA-CVA Approach
    Conceptually, the proposed SA-CVA approach is similar to the 
proposed sensitivities-based method under the market risk framework, as 
described in section V.A.7.a. of this SUPPLEMENTARY INFORMATION, in 
that a banking organization would estimate the changes in regulatory 
CVA arising from CVA risk covered positions and, if applicable, 
eligible CVA hedges resulting from applying standardized shocks to the 
relevant risk factors. As in the case of the proposed sensitivities-
based method, to help ensure consistency in the application of risk-
based capital requirements across banking organizations, the proposal 
would establish the applicable risk factors, the method to calculate 
the sensitivity of regulatory CVA and CVA hedges to each of the 
prescribed risk factors, the shock applied to each risk factor, and the 
process for aggregating the net weighted sensitivities within each risk 
class and across risk classes to arrive at the total CVA risk-based 
capital requirement for the portfolio under the SA-CVA. First, under 
the proposal, a banking organization would identify one or more of the 
specified risk classes that, in addition to counterparty credit spread 
risk class, would be applicable to its CVA risk covered positions and 
its CVA hedges. Based on standard industry classifications, the 
proposed exposure-related risk classes represent the common, yet 
distinct market variables that impact the value of CVA risk covered 
positions and CVA hedges. The proposed sensitivity calculations for 
delta and vega risk factors would estimate how much the aggregate 
regulatory CVA arising from CVA risk covered positions and separately 
the market value of all standardized CVA hedges would change as a 
result of a small change in a given risk factor, while all other 
relevant risk factors remain constant. For the sensitivity calculation, 
a banking organization would be able to use either the standard risk 
factor shifts or smaller values of risk factor changes, if such smaller 
values are consistent with those used by the banking organization for 
internal risk management.
    Second, for each delta (and, separately, vega) risk factor, the 
banking organization would multiply the measured sensitivity of the 
aggregate CVA arising from CVA risk covered positions to that risk 
factor and, separately, that of the market value of the aggregate 
eligible CVA hedges to that risk factor by the standardized risk weight 
proposed for that risk factor. A banking organization would then 
subtract the resulting weighted sensitivity for the eligible CVA hedges 
from the weighted sensitivity for the aggregate CVA arising from the 
CVA risk covered positions to obtain the net weighted sensitivity to a 
given risk factor. The agencies intend the proposed risk weights to 
capture the amount that a risk factor would be expected to move during 
the liquidity horizon of the risk factor in stress conditions and 
generally would be consistent with the risk weights in the proposed 
sensitivities-based method for market risk outlined in section 
V.A.7.a.iii. of the SUPPLEMENTARY INFORMATION.
    Third, to aggregate CVA risk contributions of individual risk 
factors, the proposal would provide aggregation formulas for 
calculating the total delta and vega capital requirements for the 
entire CVA portfolio. Within each risk class, the proposal would group 
similar risk factors into buckets. Similar to the sensitivities-based 
method for market risk, a banking organization would aggregate the net 
risk-weighted sensitivities for delta (and, separately, for vega) risk 
factors first within each bucket and then across buckets within each 
risk class using the prescribed aggregation formulas to produce the 
respective delta and vega risk-based capital requirements. The 
agencies' intention is that the aggregation formulas limit offsetting 
and diversification benefits via the prescribed correlation parameters. 
Under the proposal, the correlation parameters specified for each risk 
factor pair would limit the risk-mitigating benefit of hedges and 
diversification, given that the hedge relationship between the 
underlying position and the hedge as well as the relationship between 
different types of positions could decrease or become less effective in 
a time of stress.
    Fourth, a banking organization would aggregate the resulting delta 
and vega risk-class-level capital requirements as the simple sum across 
risk classes with no recognition of any diversification benefits 
because in stress, diversification across different risk classes may 
become less effective.
    Finally, the overall risk-based capital requirement for CVA risk 
would be the simple sum of the separately calculated delta and vega 
capital requirements without recognition of any diversification 
benefits as these measures are intended to capture different types of 
risk and because in stress, diversification may become less effective.
I. Delta and Vega
    To appropriately capture linear CVA risks, the proposal would 
require a banking organization to separately calculate the risk-based 
capital requirements for delta and vega using the above steps. As the 
sensitivity to vega risk is always material for CVA (as discussed 
further below), the proposal would require a banking organization to 
always measure the sensitivity of regulatory CVA to vega risk factors, 
regardless of whether the CVA risk covered positions include positions 
with optionality. When a banking organization calculates the 
sensitivity of regulatory CVA to a vega risk factor, it would apply the 
appropriate volatility shift to both types of volatilities that appear 
in exposure models: volatilities used for generating risk factor paths 
and volatilities used for pricing options.
II. Risk Classes
    Under the proposal, a banking organization would be required to 
identify all of the relevant risk factors for which it would calculate 
sensitivities for delta risk and vega risk. Based on the identified 
risk factors, a banking organization would be required to identify the 
corresponding buckets within relevant risk classes. The CVA of a single 
counterparty can be represented as the product of counterparty credit 
spread and expected exposure for various future time points, aggregated 
across these time points. Because of this structure, counterparty 
credit spread risk naturally presents itself as a separate delta risk 
class that is always present in CVA risk regardless of the type of CVA 
risk covered positions in the portfolio.\503\ The risk classes 
specified for delta and vega risk factors related to expected exposure 
under SA-CVA are generally consistent with those under the 
sensitivities-based method for market risk and include interest rate, 
foreign exchange, credit spread, equity, and commodity.
---------------------------------------------------------------------------

    \503\ This is a fundamental distinction between CVA risk and 
market risk, which, in the latter case, is entirely determined by 
market risk covered positions.
---------------------------------------------------------------------------

    For credit spread risk, the proposal would specify two distinct 
risk classes that may share the same risk factors but would need to be 
treated separately: (i) counterparty credit spread risk; and (ii) 
reference credit spread risk. Reference credit spread risk would be 
defined as the risk of loss that could arise from changes in the 
underlying credit spread risk factors that drive the exposure component 
of CVA risk. For example, a banking organization could have a portfolio 
of derivatives with Firm X as

[[Page 15091]]

a counterparty and, at the same time, have a CDS referencing credit of 
Firm X in a portfolio of derivatives with Firm Y. In such cases, under 
the SA-CVA, the same credit spreads of Firm X would be treated as 
distinct risk factors in two sets of sensitivity calculations: one 
within the counterparty credit spread risk class calculations, and the 
other within the reference credit spread risk class calculations. To 
incorporate credit spread hedges of CVA risk properly, each such hedge 
would be designated as either a counterparty credit spread hedge or a 
reference credit spread hedge and included only in one calculation 
according to the designation.
    Each risk class used for delta would also apply to vega, except for 
counterparty credit spread risk. The regulatory CVA is approximately 
linear in counterparty credit spreads and does not depend on their 
volatilities. Accordingly, calculation of the CVA vega capital 
requirement would not be required in the counterparty credit spread 
risk class. On the other hand, expected exposure is always sensitive to 
volatilities of market risk factors that drive market values of CVA 
risk covered positions.\504\ Accordingly, for each of the five 
exposure-related risk classes, a banking organization would be required 
to compute vega risk factor sensitivities of the aggregate regulatory 
CVA, in addition to delta risk factor sensitivities, regardless of 
whether the portfolio includes options.
---------------------------------------------------------------------------

    \504\ CVA expected exposure profile can be characterized as 
today's price of a call option on the portfolio market value at that 
time point (or on the increment of the portfolio market value over 
the MPoR for a margined portfolio). Since the price of an option 
depends both on the price and volatility of the underlying asset, 
both delta and vega risk factor sensitivities materially contribute 
to expected exposure variability, even when the portfolio of CVA 
risk covered positions with a counterparty does not include options.
---------------------------------------------------------------------------

III. Risk Factors
    Under the proposal, a banking organization would be required to 
identify all of the relevant risk factors for which it would calculate 
sensitivities for delta risk and vega risk. The proposed risk factors 
differ for each risk class to appropriately reflect the specific market 
risk variables relevant for each risk class.
    To measure the impact of a small change in each of the risk factors 
on the aggregate regulatory CVA and the market value of eligible CVA 
hedges, the proposal would specify the sensitivity calculations that a 
banking organization may use to calculate the CVA sensitivity to small 
changes in each of the specified delta or vega risk factors, as 
applicable.\505\ Specifically, for the equity, commodity, and foreign 
exchange delta risk factors, the sensitivity would equal the change in 
the aggregate regulatory CVA arising from CVA risk covered positions 
and separately the market value of all eligible CVA hedges due to a one 
percentage point increase in the delta risk factor divided by one 
percentage point. For the interest rate, counterparty credit spread, 
and reference credit spread delta risk factors, the sensitivity would 
equal the change in the aggregate regulatory CVA arising from CVA risk 
covered positions and separately the market value of all eligible CVA 
hedges due to a one basis point increase in the risk factor divided by 
one basis point. The sensitivity to a vega risk factor would equal the 
change in the aggregate regulatory CVA arising from CVA risk covered 
positions and separately the market value of all eligible CVA hedges 
due to a one percentage point increase in the volatility risk factor 
divided by one percentage point. When a banking organization calculates 
the sensitivity of regulatory CVA arising from CVA risk covered 
positions and separately of the market value of all eligible CVA hedges 
to a vega risk factor, the banking organization would apply the shift 
to the relevant volatility used for generating risk factor simulation 
paths for regulatory CVA calculations. If there are options in the 
portfolio with the counterparty, the shift would also be applied to the 
relevant volatility used to price options along the simulation paths.
---------------------------------------------------------------------------

    \505\ As previously noted, for the sensitivity calculation, a 
banking organization would be able to use either the standard risk 
factor shifts or smaller values of risk factor changes, if such 
smaller values are consistent with those used by the banking 
organization for internal risk management (for example, using 
infinitesimal values of risk factor shifts in combination with 
algorithmic differentiation techniques).
---------------------------------------------------------------------------

    In cases where a CVA risk covered position or an eligible CVA hedge 
references an index, the proposal would require a banking organization 
to calculate the sensitivities of the aggregate regulatory CVA arising 
from the CVA risk covered positions or the market value of the eligible 
CVA hedges to all risk factors upon which the value of the index 
depends. The sensitivity of the aggregate regulatory CVA or the market 
value of the eligible CVA hedges to a risk factor would be calculated 
by applying the shift of the risk factor to all index constituents that 
depend on this risk factor and recalculating the aggregate regulatory 
CVA or the market value of the eligible CVA hedges.
    For the risk classes of counterparty credit spread risk, reference 
credit spread risk, and equity risk, the SA-CVA would allow a banking 
organization to introduce a set of additional risk factors that 
directly correspond to credit and equity indices.\506\ For a CVA risk 
covered position or an eligible CVA hedge whose underlying is an index, 
its contribution to sensitivities to the index constituents would be 
replaced with its contribution to a single sensitivity to the 
underlying index, provided that (1) for an index where at least 75 
percent of notional value for credit indices or market value for equity 
indices of the index's constituents on a weighted basis are mapped to 
the same sector, the entire index would have to be mapped to that 
sector and treated as a single-name sensitivity in that bucket, and (2) 
in all other cases, the sensitivity would have to be mapped to the 
applicable index bucket. The proposal would provide this option because 
some popular credit and equity indices involve a large number of 
constituents \507\ and calculating sensitivities to each constituent 
may be impractical for such indices.
---------------------------------------------------------------------------

    \506\ If a banking organization chooses to introduce such 
additional risk factors, the banking organization would be required 
to calculate CVA sensitivities to the index risk factors in addition 
to sensitivities to the non-index risk factors.
    \507\ For example, the credit index CDX has 125 constituents and 
the equity index S&P 500 has 500 constituents.
---------------------------------------------------------------------------

C. Counterparty Credit Spread Risk
    The proposal would define the counterparty credit spread delta risk 
factors as the absolute shifts of credit spreads of individual entities 
(counterparties and reference names for counterparty credit spread 
hedges) and indices (under the optional treatment of indices) for the 
following tenors: 0.5 years, 1 year, 3 years, 5 years, and 10 years.
    In addition to single-name CVA counterparty credit spread hedges, 
banking organizations use index hedges to hedge the systematic 
component of counterparty credit spread risk. If an eligible CVA 
counterparty credit spread risk hedge references a credit index, a 
banking organization would be required to calculate delta sensitivities 
of the market value of all eligible CVA hedges of counterparty credit 
spread risk to the credit spread of each constituent entity included in 
the index. In these calculations, a banking organization would be 
required to shift the credit spread of each of the underlying 
constituents of the index while holding the credit spreads of all 
others constant.

[[Page 15092]]

    The SA-CVA would offer an alternative, optional approach that 
introduces additional index risk factors for indices. Specifically, for 
each index referenced by eligible CVA counterparty credit spread risk 
hedges, delta risk factors would be absolute shifts of the index for 
the following tenor points: 0.5 years, 1 year, 3 years, 5 years, and 10 
years. Under this optional approach, when a banking organization 
calculates sensitivities to single-name credit spread risk factors, the 
indices would remain unchanged. For each distinct credit index 
referenced by an eligible CVA counterparty credit spread risk hedge, 
the banking organization would perform a separate delta sensitivity 
calculation where the entire credit index is shifted. The index 
sensitivity calculations would only affect eligible CVA hedges of 
counterparty credit spread risk that reference the indices. This 
alternative is designed to reduce the complexity of constituent-by-
constituent calculations, as many popular credit indices have more than 
a hundred constituents.
D. Risk Factors for Exposure-Related Risk Classes
    As noted above, given the computational intensity of calculating 
the sensitivity of CVA to market risk factors and the less material 
impact of such risk factors on the volatility of CVA, the proposal 
would define the delta and vega risk factors for all five market risk 
classes (interest rate risk, foreign exchange risk, reference credit 
spread risk, equity risk, and commodity risk) in a much less granular 
way than under the sensitivity-based method for market risk.
1. Interest Rate Risk
    For both delta and vega risk factors in the interest rate risk 
class, the proposal would define individual buckets by currency, which 
would consist of interest rate risk factors and inflation rate risk 
factors. For specified currencies (USD, EUR, GBP, AUD, CAD, SEK, or 
JPY), the delta interest rate risk factors would be defined as the 
simultaneous absolute change in all risk-free yields in a given 
currency at each specified tenor point (1 year, 2 years, 5 years, 10 
years, and 30 years) and the absolute change in the inflation rate of a 
given currency. For all other currencies, the delta risk factors for 
interest rate risk would be defined along two dimensions: the 
simultaneous parallel shift in all risk-free yields in a given currency 
and the absolute change in the inflation rate of a given currency.
    As the specified currencies are intended to capture the set of 
liquid currencies that would likely dominate a banking organization's 
portfolios, the proposal would require a banking organization to 
identify and apply more granular delta risk factors for such exposures 
relative to those for all other currencies. Of the ten tenors used 
under the sensitivities-based method in market risk, the proposed five 
tenors are intended to capture the most commonly used tenors based on 
the liquidity in interest rate OTC derivative markets.
    For all currencies, the interest rate vega risk factors for each 
currency would be defined along two dimensions: the simultaneous 
relative change of all interest rate volatilities for a given currency 
and the simultaneous relative change of all inflation rate volatilities 
for a given currency. For vega risk factors, the proposal would reduce 
the granularity in the tenor dimension in the same manner for all 
currencies given the computational intensity of calculating the vega 
risk sensitivity and the less material impact of such risk factors on 
the volatility of CVA.
2. Foreign Exchange Risk
    The proposal would specify delta and vega buckets for foreign 
exchange risk as individual foreign currencies. For each foreign 
exchange bucket, the proposal would define one delta risk factor and 
one vega risk factor. Specifically, the proposal would define (1) the 
foreign exchange delta risk factor as the relative change in the 
foreign exchange spot rate \508\ between a given foreign currency and 
the reporting currency (or base currency); and (2) the foreign exchange 
vega risk factor as the simultaneous, relative change of all 
volatilities for an exchange rate between a banking organization's 
reporting currency (or base currency) and another given currency. For 
transactions that reference an exchange rate between a pair of non-
reporting currencies, the sensitivities to the foreign exchange spot 
rates between the bank's reporting currency and each of the referenced 
non-reporting currencies must be measured.
---------------------------------------------------------------------------

    \508\ Under the proposal, the foreign exchange spot rate would 
be defined for purposes of CVA risk as the current market price of 
one unit of another currency expressed in the units of the banking 
organization's reporting (or base) currency.
---------------------------------------------------------------------------

3. Reference Credit Spread Risk
    The proposal would define buckets for the delta and vega risk 
factors by sector and credit quality which is consistent with the 
definitions of buckets for non-securitization credit spread risk that 
are used in the proposed sensitivities-based method for market risk. 
The proposal would define one reference credit spread risk factor per 
delta or vega bucket under the SA-CVA. Specifically, the proposal would 
define (1) the delta risk factor as the simultaneous absolute shift of 
all credit spreads of all tenors for all reference entities in the 
bucket; and (2) the vega risk factor as the simultaneous relative shift 
of the volatilities of all credit spreads of all tenors for all 
reference entities in the bucket. In addition, similar to the 
counterparty credit spread risk as described above in section 
V.B.5.b.ii.III.A. of this SUPPLEMENTARY INFORMATION, the SA-CVA would 
offer an alternative, optional approach that introduces additional 
index risk factors for qualified indices and allows a banking 
organization to calculate delta and vega sensitivities of aggregate 
regulatory CVA and eligible CVA hedges with respect to the qualified 
indices instead of each constituent of the indices.
4. Equity Risk
    The proposal would set the buckets for delta and vega risk factors 
generally matching the buckets for equity risk in the proposed 
sensitivities-based method for market risk. The proposal would define 
one equity risk factor per delta or vega bucket to reduce the 
complexity of calculating CVA sensitivities to equity risk factors. The 
proposal would define (1) the delta risk factor as the simultaneous 
relative change of all equity spot prices for all entities in the 
bucket and (2) the vega risk factor as the simultaneous relative change 
of all equity price volatilities for all entities in the bucket. In 
addition, similarly to the counterparty credit spread risk and 
reference credit spread risk as described in sections V.B.5.b.ii.III.A. 
and V.B.5.b.ii.III.B.3. of this SUPPLEMENTARY INFORMATION, the SA-CVA 
would offer an alternative, optional approach that introduces 
additional index risk factors for qualified indices and allows a 
banking organization to calculate delta and vega sensitivities of 
aggregate regulatory CVA and eligible CVA hedges with respect to the 
qualified indices instead of each constituent of the indices.
5. Commodity Risk
    The proposal would set the buckets for delta and vega risk factors 
matching the buckets for commodity risk in the proposed sensitivities-
based method for market risk. The proposal would define one commodity 
risk factor per delta or vega bucket under the SA-CVA. Specifically, 
the proposal would define (1) the delta risk factor as the simultaneous 
relative shift of all commodity spot prices for all

[[Page 15093]]

commodities in the bucket and (2) the vega risk factor as the 
simultaneous relative shift of all commodity price volatilities for all 
commodities in the bucket.
IV. Buckets, Risk Weights, and Correlations
    As noted above, there are six risk classes for delta risk factors 
in the SA-CVA: the counterparty credit spread risk class and the five 
risk classes for market risk factors that drive expected exposure 
(interest rate, foreign exchange, reference credit spread, equity, and 
commodity). In addition, there are five exposure-related risk classes 
for vega risk factors. The granularity of risk factors in the 
counterparty credit spread risk class matches the one in the non-
securitization credit spread risk class in the sensitivities-based 
method for market risk, while the granularity of both delta and vega 
risk factors in the exposure-related risk classes is greatly reduced.
A. Exposure-Related Risk Classes
    The exposure component of regulatory CVA of a portfolio of CVA risk 
covered positions is affected by delta and vega market risk factors in 
a similar way as a portfolio of options on future market values (or 
their increments). Therefore, there is no compelling reason for the 
exposure-related risk classes in the SA-CVA to deviate from the bucket 
structure, risk weights, and correlations used in the corresponding 
risk classes in the sensitivities-based method for market risk, except 
for accommodating the reduced granularity of exposure-related risk 
factors in the SA-CVA. Accordingly, for both delta and vega risk 
factors in the exposure-related risk classes, the SA-CVA would use the 
bucket structure that matches the bucket structure of the corresponding 
risk classes in the sensitivities-based method for market risk. 
Furthermore, the proposal would set the values of all cross-bucket 
correlations, [gamma]bc, used for aggregation of bucket-level capital 
requirements across buckets within each exposure-related risk class 
equal to the corresponding values used in the sensitivities-based 
method for market risk.
    For the foreign exchange, reference credit spread, equity, and 
commodity risk classes, the SA-CVA would assign one delta (and, 
separately, one vega) risk factor per bucket. Therefore, in contrast to 
the sensitivities-based method for market risk, the SA-CVA does not 
need to provide intra-bucket correlations, [rho]kl, for these risk 
classes. Furthermore, because the sensitivities-based method for market 
risk provides no more than one risk weight per bucket for the 
corresponding risk classes (foreign exchange, non-securitization credit 
spread, equity, and commodity), the SA-CVA would generally match the 
values of these risk weights for both delta and vega risk factors.\509\
---------------------------------------------------------------------------

    \509\ The only exception would be foreign exchange delta risk: 
the sensitivities-based method for market risk would use two values 
for the delta risk weight (depending on the currencies), while the 
SA-CVA would use a single delta risk weight (set approximately equal 
to the lower of the two) regardless of the currency.
---------------------------------------------------------------------------

    For the interest rate risk class, similar to the market risk, the 
SA-CVA would have two groups of buckets/currencies: the ``specified'' 
currencies (USD, EUR, GBP, AUD, CAD, SEK, and JPY) and the other 
currencies. However, while in the sensitivities-based method for market 
risk the two groups only differ in the values of the risk weights (the 
risk weights can be divided by [radic]2 when applied to the specified 
currencies), in the SA-CVA they would differ both in the value of risk 
weights and in the level of granularity for delta risk factors. As 
mentioned above, the SA-CVA would specify delta risk factors for the 
specified currencies as the absolute changes of the inflation rate and 
of the risk-free yields for the following five tenors: 1 year, 2 years, 
5 years, 10 years, and 30 years. Risk weights for these risk factors 
would be set approximately equal to the risk weights for the inflation 
rate and for the corresponding tenors of risk-free yields in the 
sensitivities-based method for market risk divided by [radic]2. The 
intra-bucket correlations, [rho]kl, for the specified currencies in the 
SA-CVA would approximately match the ones between the corresponding 
tenors and the inflation rate in the sensitivities-based method for 
market risk. For each of the non-specified currencies, the SA-CVA would 
provide two delta risk factors per bucket/currency: the absolute change 
of the inflation rate and the parallel shift of the entire risk-free 
yield curve for a given currency. The risk weights for these risk 
factors would approximately match the ones for the inflation rate and 
for the 1-year risk free yield in the sensitivities-based method for 
market risk. The intra-bucket correlation between the two risk factors 
for the non-specified currencies would be set equal to the value of the 
correlation between the inflation rate and any tenor of the risk-free 
yield specified in the sensitivities-based method for market risk. As 
stated above, the SA-CVA would specify two vega risk factors for the 
interest rate risk class for each bucket/currency: a simultaneous 
relative change of all inflation rate volatilities and a simultaneous 
relative change of all interest rate volatilities for a given currency. 
The SA-CVA would set the vega risk weights for both risk factors equal 
to the single value of the vega risk weight used for all interest rate 
vega risk factors in the sensitivities-based method for market risk. 
The SA-CVA would set the only intra-bucket interest rate vega 
correlation equal to the value of the SA-CVA intra-bucket interest rate 
delta correlation for the non-specified currencies.
    Question 188: The agencies seek comment on the appropriateness of 
the proposed buckets, risk weights, and correlations for the exposure-
related risk classes. What, if any, alternative bucketing structures, 
risk weights, or correlations should the agencies consider and why?
B. Counterparty Credit Spread Risk Class
    Fundamentally, counterparty credit spreads are no different from 
reference credit spreads and, therefore, should follow the same 
dynamics. While the common dynamics might suggest using the same set of 
buckets for counterparty credit spread risk class and the reference 
credit spread risk class, the proposal would modify bucket definitions 
and structure for the counterparty credit spread risk class based on 
different counterparty types and the different roles counterparty 
credit spreads play in CVA risk management.
    The counterparty credit spread component of CVA risk is usually 
substantially greater than the exposure component, and, therefore, is 
the primary focus of CVA risk management by banking organizations. To 
promote prudent risk management by improving recognition of certain 
hedges of the counterparty credit spread component of CVA risk and to 
better align the calibration of the CVA risk capital framework with the 
underlying economic risk, the agencies propose, for the application in 
the counterparty credit spread risk class, to modify the bucket 
structure that is used for the non-securitization credit spread risk 
class in the sensitivities-based method for market risk, as described 
below. These modifications would not generally affect the risk weights 
(Table 3 to Sec.  __.225) in the counterparty credit spread risk class 
that would generally follow the corresponding risk weights in the 
sensitivities-based method for market risk.
    Banking organizations often use single-name credit instruments to 
hedge the counterparty credit spread

[[Page 15094]]

component of CVA risk of individual counterparties with large CVA and 
use index credit instruments to hedge the systematic part of the 
counterparty credit spread component of the aggregate (across 
counterparties) CVA risk. In the non-securitization credit spread risk 
class in the sensitivities-based method for market risk, (1) investment 
grade entities and (2) speculative and sub-speculative grade entities 
from the same sector generally form two separate buckets based on 
credit quality. This, however, could undermine the efficiency of hedges 
of the counterparty credit spread component of CVA risk. In order to 
prevent this, the proposal would merge the investment grade bucket and 
speculative and sub-speculative grade bucket of each sector into a 
single bucket.
    Furthermore, banking organizations often use single-name sovereign 
CDS as indirect single-name counterparty credit spread hedges of CVA 
risk of illiquid counterparties such as GSEs and local governments. 
However, in the non-securitization credit spread risk class in the 
sensitivities-based method for market risk, such entities would belong 
to the PSE, government-backed non-financials, GSE debt, education, and 
public administration sector, which form a bucket separate from 
sovereign exposures, specified supranational entities, and MDBs. Thus, 
following the non-securitization credit spread bucket structure of the 
sensitivities-based method for market risk would result in a situation 
where the counterparty and the reference entity of the hedge reside in 
different buckets, thus substantially reducing the effectiveness of the 
hedge. In order to prevent a such scenario, the proposal would merge 
the sovereign exposures, specified supranational entities, and MDBs 
sector and the PSE, government-backed non-financials, GSE debt, 
education, and public administration sector into a single bucket. To 
preserve hedging efficiency, the proposal would move government-backed 
financials from the ``financials'' bucket to the combined bucket that 
includes sovereign exposures.
    The agencies propose to set the cross-bucket correlations, 
[gamma]bc, equal to the corresponding correlations that would be 
applicable under the assumption of the same credit quality in the non-
securitization credit spread risk class as in the sensitivities-based 
method for market risk. The agencies propose to change both the 
structure and the values of the intra-bucket correlations used in the 
sensitivities-based method to better recognize indirect single-name 
hedges where the reference name is in the same bucket as the 
counterparty. Similar to the non-securitization credit spread risk 
class in the sensitivities-based method for market risk, the intra-
bucket correlations, [rho]kl, proposed for the counterparty credit 
spread risk class would be equal to the product of three correlation 
parameters. Two of the SA-CVA parameters--for tenor difference and name 
difference--are the same as in the sensitivities-based method if risk 
factors are identical but have higher values for non-identical risk 
factors for better hedge recognition. The third SA-CVA parameter--for 
credit quality difference--would replace the basis correlation 
parameter of the sensitivities-based method. This parameter would equal 
100 percent if the credit quality of the two names is the same 
(treating speculative and sub-speculative grade as one credit quality 
category) and 80 percent otherwise. The basis correlation parameter is 
not needed in the SA-CVA because the SA-CVA does not make a distinction 
between different credit curves referencing the same entity. On the 
other hand, reference entities of the same sector, but different credit 
quality would be in different buckets under the sensitivities-based 
method, so the sensitivities-based method does not need the credit 
quality difference correlation parameter.
    To promote prudent risk management by improving recognition of 
cross-sector index hedges of the counterparty credit spread component 
of CVA risk, the agencies are proposing to increase the inter-bucket 
correlation between bucket 8 (the index bucket) and buckets 1 through 6 
from 45 to 70 percent. While the sensitivities-based method applies a 
correlation value of 45 percent for cross-sector indices within the 
non-securitization credit spread risk class, this would not 
appropriately reflect counterparty credit spread risk within the CVA 
risk framework. Counterparty credit spread risk class has a very 
specific structure for purposes of the CVA risk, where firms would 
offset the aggregate CVA amount, which is essentially a weighted sum of 
individual counterparty credit spreads with positive weights, with a 
cross-bucket index hedge, which represents its own bucket. Thus, for 
purposes of the CVA risk capital requirement, the correlation parameter 
between a specific single-name bucket and the index bucket should 
reflect the actual correlation between the bucket-level CVA and a 
cross-bucket index. Because the bucket-level CVA is a weighted sum of 
the individual counterparty credit spreads within the bucket, it has a 
substantial amount of idiosyncratic credit spread risk diversified away 
and can be, therefore, viewed as a single-bucket index. Thus, the 
correlation between the bucket-level CVA and the cross-bucket index is 
comparable to the correlation between a single-bucket index and a 
cross-bucket index. The agencies consider that this correlation is 
substantially higher than 45 percent and are proposing to increase it 
to 70 percent. This increase would improve recognition of cross-bucket 
index hedges of counterparty credit spread component of CVA risk in SA-
CCR.
    Question 189: The agencies seek comments on the appropriateness of 
the proposed risk weights of Table 3 to Sec.  __.225 for financials, 
including government-backed financials. What, if any, alternative risk 
weights should the agencies consider? Should regulated financial 
institutions (such banks, insurance companies, broker dealers, pension 
funds, registered investment companies, and their foreign equivalents) 
be subject to lower risk weights? Please provide specific details and 
supporting evidence on the alternative risk weights.
    Question 190: To what extent are the proposed buckets, risk 
weights, and correlations for counterparty credit spread risk class 
appropriate? What, if any, alternative bucketing structures, risk 
weights, or correlations should the agencies consider and why?
V. Intra- and Inter-Bucket Aggregation
    Consistent with the sensitivities-based method for market risk, the 
proposal would require a banking organization first to separately 
aggregate the risk-weighted net sensitivities for CVA delta and CVA 
vega within their respective buckets and then across buckets within 
each risk class using the prescribed aggregation formulas to produce 
respective delta and vega risk capital requirements for CVA risk.
    First, for each bucket b, a banking organization would aggregate 
all net weighted sensitivities for all risk factors within this bucket 
according to the following formula:

[[Page 15095]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.096

where WSk is the net weighted sensitivity to risk factor k, 
WSkHdg is the weighted sensitivity of the market value of 
all standardized CVA hedges to risk factor k, [rho]kl is the regulatory 
correlation parameter between risk factors k and l within bucket b, and 
R is the hedging disallowance parameter set at 0.01.
    While this formula is similar to the intra-bucket aggregation 
formula in the sensitivities-based method for market risk, it differs 
by the presence of an additional term under the square root, 
proportional to the hedging disallowance parameter R. The purpose of 
this term is to prevent extremely small levels of Kb when most of the 
risk factors k are perfectly hedged. For the case of perfect hedging 
(WSk = 0 for all k), the term provides a floor equal to 10 
percent of weighted sensitivities of the standardized CVA hedges, 
aggregated as idiosyncratic risks.
    Second, a banking organization would aggregate bucket-level capital 
requirements across buckets within the same risk class according to the 
following formula:
[GRAPHIC] [TIFF OMITTED] TP27MR26.097

where [gamma]bc is the regulatory correlation parameter between bucket 
b and bucket c; Sb is the sum of the net weighted 
sensitivities WSk over all risk factors k in bucket b, 
floored by -Kb and capped by Kb; and 
Sc is the sum of the net weighted sensitivities 
WSk over all risk factors k in bucket c, floored by -
Kc and capped by Kc as given by the following 
formulas: \510\
---------------------------------------------------------------------------

    \510\ Note that this definition of Sb differs from the one used 
in the sensitivities-based method for market risk, where the floor 
and the cap apply only when the quantity under the square root in 
the aggregation formula is negative.
[GRAPHIC] [TIFF OMITTED] TP27MR26.098

[GRAPHIC] [TIFF OMITTED] TP27MR26.099


    This aggregation formula differs from the one used in the 
sensitivities-based method for market risk. In order to compensate for 
a higher level of model risk in the calculation of sensitivities for 
the aggregate regulatory CVA arising from the CVA risk covered 
positions relative to that for market risk covered positions, the 
proposed inter-bucket aggregation formula includes a multiplication 
factor (mcva) with a default value equal to one but would 
allow the primary Federal supervisor to increase the multiplier and 
scale up risk-based capital required for each risk class (K), if the 
supervisor determines that the banking organization's CVA model risk 
warrants such an increase.\511\ The primary Federal supervisor would 
notify the banking organization in writing that a different value must 
be used.
---------------------------------------------------------------------------

    \511\ For example, the SA-CVA calculation does not fully account 
for the dependence between the banking organization's exposure to a 
counterparty and the counterparty's credit quality.
---------------------------------------------------------------------------

    Finally, as with the sensitivities-based method for market risk, 
the overall risk-based capital requirement for CVA risk would be the 
simple sum of the separately calculated risk-class level delta and vega 
capital requirements across risk classes without any recognition of any 
diversification benefits given that delta and vega are intended to 
separately capture different risks.
    Question 191: To what extent are the proposed intra- and inter-
bucket aggregation methodologies appropriate? What, if any, alternative 
methodologies should the agencies consider and why?
    Question 192: What, if any, alternative methods should the agencies 
consider for recognizing diversification across risk classes in the 
calculation of the SA-CVA, and why?
    Question 193: To what extent is the default value of one for the 
multiplier appropriate or should the agencies consider a higher or 
lower default value for the multiplier and why?
6. Reporting and Disclosure Requirements
    Table 1 to Sec.  __.217, ``General Qualitative Disclosure 
Requirements Related to CVA'' is a new disclosure table that would 
require a banking organization to disclose certain information 
pertaining to CVA risk, including its risk management objectives and 
policies for CVA risk and information related to a GSIB's CVA risk 
management framework, including processes implemented to identify, 
measure, monitor, and control CVA risks and effectiveness of CVA 
hedges. Table 2 to Sec.  __.217, ``Qualitative Disclosures for Banks 
Using the SA-CVA'' is a new disclosure table that would require a 
banking organization that has approval to use the standardized CVA 
approach (SA-CVA) to make disclosures related to the banking 
organization's risk management framework, including a description of

[[Page 15096]]

the banking organization's risk management framework, a description of 
how senior management is involved in the CVA risk management framework, 
and an overview of the governance of the CVA risk management framework 
such as documentation, independent risk control unit, independent 
review, and independence of data acquisition from lines of business.

VI. Disclosure Requirements

A. Proposed Disclosure Requirements

    Meaningful public disclosures of a banking organization's 
activities and the features of its risk profile, including risk 
appetite, work in tandem with the regulatory and supervisory frameworks 
by helping to support robust market discipline. In this way, meaningful 
public disclosures help to support the safety and soundness of banking 
organizations and the financial system more broadly.
    The proposal would revise certain existing qualitative disclosure 
requirements and introduce new and enhanced qualitative disclosure 
requirements related to the proposed revisions described in this 
SUPPLEMENTARY INFORMATION. The proposal would also remove most of the 
existing required quantitative disclosures, which would instead be 
included in regulatory reporting forms. Therefore, the agencies 
anticipate separately proposing revisions to the Consolidated Reports 
of Condition and Income, the Regulatory Capital Reporting for 
Institutions Subject to the Advanced Capital Adequacy Framework (FFIEC 
101), and the Market Risk Regulatory Report for Institutions Subject to 
the Market Risk Capital Rule (FFIEC 102). The Board similarly 
anticipates proposing corresponding revisions to the Consolidated 
Financial Statements for Holding Companies (FR Y-9C), the Capital 
Assessments and Stress Testing (FR Y-14A and FR Y-14Q), and the 
Systemic Risk Report (FR Y-15) to reflect the changes to the capital 
rule that would be required under this proposal. The proposal would 
also remove disclosures related to internal ratings-based systems and 
internal models that are not required by the proposal.
    Under the current capital rule, Category I and II banking 
organizations generally are subject to enhanced public disclosure in 
comparison to other banking organizations. Under the proposal, the 
enhanced public disclosure requirements would generally apply to any 
Category I and II banking organizations and any banking organization 
that opts into the expanded risk-based approach. Consistent with the 
current capital rule, the proposed enhanced public disclosure 
requirements would be required of the top tier banking organization 
within a consolidated organization and not other entities within the 
consolidated organization. Disclosure table 4 would only apply to 
Category I and II banking organizations. These enhanced disclosure 
requirements would promote transparency for market participants.
    The proposal would not change the current capital rule's 
requirements regarding public disclosure policy and attestation, the 
frequency of required disclosures, the location of disclosures, or the 
treatment of proprietary information.

B. Specific Public Disclosure Requirements

    The proposed changes to disclosure requirements pertaining to the 
risk-based capital framework are described below.\512\ Disclosure 
tables 1,\513\ 2,\514\ 3,\515\ 4,\516\ 11 \517\ (table 9 to Sec.  
__.162 in the proposal), and 12 \518\ (table 10 to Sec.  __.162 in the 
proposal) in Sec.  __. 173 of the current capital rule would be 
retained without material modification, although some of the table 
numbers would change.
---------------------------------------------------------------------------

    \512\ The table numbers refer to the table numbers included in 
the proposed rule.
    \513\ See Table 1 to Sec.  3.173 (OCC); Sec.  217.173 (Board); 
Sec.  324.173 (FDIC)--Scope of Application.
    \514\ See Table 2 to Sec.  3.173 (OCC); Sec.  217.173 (Board); 
Sec.  324.173 (FDIC)--Capital Structure.
    \515\ See Table 3 to Sec.  3.173 (OCC); Sec.  217.173 (Board); 
Sec.  324.173 (FDIC)--Capital Adequacy.
    \516\ See Table 4 to Sec.  3.173 (OCC); Sec.  217.173 (Board); 
Sec.  324.173 (FDIC)--Capital Conservation and Countercyclical 
Capital Buffers.
    \517\ See Table 11 to Sec.  3.173 (OCC); Sec.  217.173 (Board); 
Sec.  324.173 (FDIC)--Equities Not Subject to Subpart F of This 
Part.
    \518\ See Table 12 to 3.173 (OCC); Sec.  217.173 (Board); Sec.  
324.173 (FDIC)--Interest Rate Risk for Non-Trading Activities.
---------------------------------------------------------------------------

    The proposal would retain the requirement that Category I and II 
banking organizations disclose their risk management objectives as they 
relate to specific risk areas (e.g., credit risk). The proposal would 
revise the risk areas to which these disclosure requirements apply to 
help ensure consistency with the broader proposal. In addition, the 
proposal would require a Category I or II banking organization to 
describe its risk management objectives as they relate to the 
organization overall. The required disclosures would include 
information regarding how each Category I and II banking organization's 
business model determines and interacts with the overall risk profile; 
how this risk profile aligns with the parameters of the risk tolerance 
approved by its board of directors; the banking organization's risk 
governance structure; channels to communicate, define, and enforce the 
risk culture within the banking organization; scope and features of 
risk measurement systems; risk information reporting; qualitative 
information on stress testing; and the strategies and processes to 
manage, hedge, and mitigate risks. These disclosures are intended to 
allow market participants to evaluate the adequacy of Category I and II 
banking organizations' approaches to risk management.
    Table 5 to Sec.  __.162, ``Credit Risk: General Disclosures,'' 
would include the disclosures a banking organization is required to 
make under the current capital rule regarding its approach to general 
credit risk.\519\ In addition, the proposal would require Category I 
and II banking organizations to disclose certain additional information 
regarding its risk management policies and objectives for credit risk. 
Specifically, the proposal would require Category I and II banking 
organizations to enhance their existing disclosures by describing how 
their business model translates into the components of the banking 
organization's credit risk profile and how it defines credit risk 
management policy and sets credit limits. Additionally, Category I and 
II banking organizations would be required to disclose the 
organizational structure of their credit risk management and control 
function as well as interactions with other functions. Category I and 
II banking organizations would also be required to disclose information 
on their policies related to reporting of credit risk exposure and the 
credit risk management function that are provided to the banking 
organization's leadership.
---------------------------------------------------------------------------

    \519\ See Table 5 to Sec.  3.173 (OCC); Sec.  217.173 (Board); 
Sec.  324.173 (FDIC)--Credit Risk--General Disclosures.
---------------------------------------------------------------------------

    Table 6 to Sec.  __.162, ``General Disclosure for Counterparty 
Credit Risk-Related Exposures,'' would include the disclosures Category 
I and II banking organizations are required to make under the current 
capital rule regarding their approach to managing counterparty credit 
risk.\520\ The proposal would also include new disclosure requirements 
regarding Category I and II banking organizations' methodology for 
assigning economic capital for counterparty credit risk exposures as 
well as their policies

[[Page 15097]]

regarding wrong-way risk exposures. Additionally, the proposal would 
further require Category I and II banking organizations to disclose 
their risk management objectives and policies related to counterparty 
credit risk, including the method used to assign the operating limits 
defined in terms of internal capital for counterparty credit risk 
exposures and for CCP exposures, policies relating to guarantees and 
other risk mitigants and assessments concerning counterparty credit 
risk (including exposures to CCPs), and the increase in the amount of 
collateral that the banking organization would be required to provide 
in the event of a credit rating downgrade.
---------------------------------------------------------------------------

    \520\ See Table 7 to Sec.  3.173 (OCC); Sec.  217.173 (Board); 
Sec.  324.173 (FDIC)--General Disclosure for Counterparty Credit 
Risk of OTC Derivative Contracts, Repo-Style Transactions, and 
Eligible Margin Loans.
---------------------------------------------------------------------------

    Table 7 to Sec.  __.162, ``Credit Risk Mitigation,'' would include 
the disclosures Category I and II banking organizations are required to 
make under the current rule regarding their approach to credit risk 
mitigation.\521\ In addition, the proposal would specify that Category 
I and II banking organizations must provide a meaningful breakdown of 
their credit derivative providers, including a breakdown by rating 
class or by type of counterparty (e.g., banking organizations, other 
financial institutions, and non-financial institutions). These 
disclosures would apply to eligible credit risk mitigants under the 
proposal,\522\ although a banking organization would be encouraged to 
also disclose information about other mitigants. The credit risk 
mitigation disclosures in Table 7 to Sec.  __.162 of the proposal would 
not apply to synthetic securitization exposures, which would be 
included in Table 8 to Sec.  __.162 as part of the banking 
organization's disclosures related to securitization exposures.
---------------------------------------------------------------------------

    \521\ See Table 8 to Sec.  3.173 (OCC); Sec.  217.173 (Board); 
Sec.  324.173 (FDIC)--Credit Risk Mitigation.
    \522\ See section IV.A.5. of this SUPPLEMENTARY INFORMATION for 
a more detailed discussion on the types of credit risk mitigants 
that a banking organization would be allowed to recognize for 
purposes of calculating risk-based capital requirements.
---------------------------------------------------------------------------

    Table 8 to Sec.  __.162, ``Securitization,'' would include the 
disclosures Category I and II bank holding companies are required to 
make under the current capital rule regarding their approach to 
securitization.\523\ In addition to the existing qualitative 
disclosures related to securitization, the proposal would require 
disclosure of whether the banking organization provides implicit 
support to a securitization and the risk-based capital impact of such 
support.
---------------------------------------------------------------------------

    \523\ See Table 9 to Sec.  3.173 (OCC); Sec.  217.173 (Board); 
Sec.  324.173 (FDIC)--Securitization.
---------------------------------------------------------------------------

    Table 11 to Sec.  __.162, ``Additional Disclosure Related to the 
Credit Quality of Assets,'' is a new disclosure table that would 
require Category I and II banking organizations to provide further 
information on the scope of ``past due'' exposures used for accounting 
purposes, including the differences, if any, between the banking 
organization's scope of exposures treated as past due for accounting 
purposes and those treated as past due for regulatory capital purposes.
    Table 12 to Sec.  __.162, ``General Qualitative Information on a 
Banking Organization's Operational Risk Framework,'' is a new 
disclosure table that would require a Category I and II banking 
organizations to disclose information regarding its operational risk 
management processes, including its policies, frameworks, and 
guidelines for operational risk management; the structure and 
organization of its operational risk management and control function; 
the systems and data used to calculate the operational risk capital 
requirement; the scope and context of its reporting framework on 
operational risk to executive management and to the board of directors; 
and the risk mitigation and risk transfer used in the management of 
operational risk.
    Table 13 to Sec.  __.162, ``Main Features of Regulatory Capital 
Instruments and of Other TLAC-Eligible Instruments,'' is a new 
disclosure table that would require Category I banking organizations to 
disclose information regarding the terms and features of its regulatory 
capital instruments and other instruments eligible for TLAC.\524\ In 
addition, the proposal would require a Category I bank holding company 
to describe the main features of its regulatory capital instruments and 
provide disclosures of the full terms and conditions of all instruments 
included in regulatory capital. Category I bank holding companies would 
also be required to describe the main features of their covered debt 
positions and provide disclosures of the full terms and conditions of 
all covered debt positions.
---------------------------------------------------------------------------

    \524\ For purposes of Table 13, unique identifiers associated 
with regulatory capital instruments and other instruments eligible 
for TLAC may include Committee on Uniform Security Identification 
Procedures number, Bloomberg identifier for private placement, 
International Securities Identification Number, or others.
---------------------------------------------------------------------------

    Question 194: The agencies invite comment on the utility of the 
proposed public disclosure requirements. What additional 
considerations, if any, should the agencies consider with regard to the 
scope and granularity of the proposal's disclosure requirements? What 
are the advantages and disadvantages of the proposed disclosure 
requirements?

VII. Estimated Impact on Capital Requirements

    The proposal would revise the calculation of risk-weighted assets 
for Category I and II banking organizations and other banking 
organizations choosing to adopt the expanded risk-based approach, as 
well as the calculation of market risk and CVA risk requirements for a 
small number of other banking organizations. These changes would in 
turn affect these banking organizations' risk-based capital 
requirements. The impact on required capital would depend on banking 
organizations' risk exposures as well as the other capital requirements 
to which they are subject.
    The remainder of this section provides estimates of the impact of 
the proposal on risk-weighted assets and capital requirements, with 
particular focus on Category I and II banking organizations. Section 
VII.A provides the impact of this proposal relative to the current 
capital requirements, inclusive of applicable buffer requirements and 
reflecting recently finalized changes to the enhanced supplementary 
leverage ratio standards (recent eSLR changes).\525\ To provide a 
broader perspective of recent capital reforms, section VII.B provides 
cumulative impact estimates of both recent and concurrent capital-
related proposals that would affect these banking organizations. The 
set of proposals considered jointly includes the recent eSLR changes, 
the Board's GSIB surcharge proposal, and proposed changes to the 
Board's supervisory stress test.\526\ Section VII.C attributes the 
impact across several broad areas of banking activity. Section VII.D 
describes the data and estimation methodology used in this section. 
Discussion of the economic impact of these changes to capital 
requirements is provided in section VIII.
---------------------------------------------------------------------------

    \525\ See 90 FR 55248 (Dec. 1, 2025).
    \526\ See Federal Reserve Board Requests Comment on Proposals to 
Enhance the Transparency and Public Accountability of its Annual 
Stress Test (Oct. 24, 2025), https://www.federalreserve.gov/newsevents/pressreleases/bcreg20251024a.htm.
---------------------------------------------------------------------------

A. Standalone Effect of Proposed Capital Rule Changes

    Table VII.1 below presents the estimated impact of the proposal on 
aggregate capital requirements for Category I and II banking 
organizations. While banking organizations' minimum regulatory capital 
ratios and capital

[[Page 15098]]

buffer requirements have distinct, complementary purposes, the 
estimates in this proposal represent requirements inclusive of GSIB 
surcharge and stress capital buffer requirements, as described below, 
in order to present impact as a single quantity. In addition, the 
standalone impact estimates of the proposal on tier 1 capital 
requirements reflect the recent eSLR changes. The methodology behind 
the estimates is described in section VII.D.
[GRAPHIC] [TIFF OMITTED] TP27MR26.100

    The agencies estimate that the proposal would increase aggregate 
common equity tier 1 capital requirements for Category I and II bank 
holding companies by about 1.4 percent relative to current requirements 
and would increase their aggregate tier 1 capital requirements by about 
1.6 percent. Across Category I and II depository institution 
subsidiaries, the proposal is estimated to decrease aggregate common 
equity tier 1 and tier 1 capital requirements by about 4.8 and 2.3 
percent, respectively. The proposal would increase aggregate capital 
requirements for holding companies but decrease them for depository 
institutions because the proposal has a different impact on their 
aggregate risk-weighted assets, detailed below. Specifically, market 
risk-weighted assets, which generally increase under the proposal, and 
operational risk-weighted assets are relatively concentrated at the 
holding company level. The decrease in tier 1 capital requirements for 
depository institutions is limited by binding leverage requirements for 
several banks.
    The capital impact estimates are based on balance sheets as of 2025 
Q2 and GSIB surcharges that would be applicable in early 2026 under the 
current rule.\527\ The estimates represent a simple average of the 
impact calculated using the stress capital buffer requirement from the 
2024 stress test and the impact using the stress capital buffer 
requirement from the 2025 stress test. While the specific stress test 
and level of the resulting stress capital buffer requirement has little 
effect on the percentage impact of this proposal,\528\ it can 
materially change the impact of other capital changes considered 
cumulatively with the proposal. The analysis therefore considers an 
average across two years to mitigate effects of a specific year on the 
impact estimates.
---------------------------------------------------------------------------

    \527\ These GSIB surcharges are based on the firm-specific 
minimum of GSIB scores from year-end 2023 and 2024 derived from FR 
Y-15 Systemic Risk Report data.
    \528\ For example, the increase in aggregate common equity tier 
1 capital requirements is 1.5 and 1.3 percent when using stress 
capital buffer requirements from 2024 and 2025, respectively. 
However, the capital impact of the enhanced supplementary leverage 
ratio proposal on aggregate tier 1 capital requirements of Category 
I and II bank holding companies would have been a decrease of 0.4 
percent and 4.2 percent using 2024 and 2025 stress capital buffer 
requirements respectively.
---------------------------------------------------------------------------

    As detailed in section VII.D.5, the methodology behind these 
estimates abstracts from bucketing and rounding effects that are 
present in the capital rule and that would primarily add noise to 
estimates. In addition, capital requirements include amounts of assets 
that are subject to threshold-based capital deductions so that deducted 
and risk-weighted portions of such exposures are treated comparably. 
The cumulative effect of these methodological choices is small in 
aggregate.\529\
---------------------------------------------------------------------------

    \529\ If using bucketed GSIB surcharges and rounded stress 
capital buffer requirements, and excluding threshold deductions from 
requirements, the estimated change in the aggregate common equity 
tier 1 capital requirements of Category I and II banking 
organizations would be an increase of about 0.9 percent.
---------------------------------------------------------------------------

    As described in section VII.D.1, the estimated changes in risk-
weighted assets are extrapolated from the Federal Reserve's Basel III 
Endgame Special Data Collection. This data collection details exposures 
as of Q2 2023 under the agencies' 2023 Basel III proposal. Adjustments, 
as described in section VII.D.1.c, are applied to these data to reflect 
the current proposal, and the resulting estimates are then extrapolated 
to data as of Q2 2025. This extrapolation procedure, also described in 
section VII.D.2, accounts for changes in the composition of exposures 
across different areas of risk, but does not reflect changes in impact 
associated with changes in the composition of exposures within each of 
these areas. For example, the extrapolated estimates reflect changes in 
impact due to a different growth rate of residential real estate 
lending and trading activities, but would not reflect changes in impact 
due to a shift in the LTV ratios of the real estate exposures or the 
composition of the risk within market risk covered positions. Thus, 
there may be a tradeoff whereby estimates with as of dates closer to Q2 
2023 may more accurately reflect capital impact at that point in time 
than later estimates, but later estimates may still be more informative 
of impact going forward given that they account for how banking 
activity has shifted at a high level. Regardless, when using risk 
exposures and banking activity as of intermediate calendar quarters 
between Q2 2023 and Q2 2025, the estimated aggregate impact on common 
equity tier 1 capital requirements varies between an increase of 0.6 
percent and an increase of 1.4 percent. Thus, changes in the broad 
composition of large banking organizations' balance sheets and activity 
over the past few years, as measured, have not materially affected the 
estimated impact of this proposal on capital requirements.
    Importantly, all of these impact estimates are made ex-ante--before 
banking activity and risk exposures have adjusted to any changes in 
incentives that may result from the proposal.\530\ As the proposal goes 
into

[[Page 15099]]

effect, banking organizations might increase activities that would 
receive relative reductions in requirements or decrease activities that 
would receive relative increases in requirements, which could result in 
a lower ex-post level of capital requirements.
---------------------------------------------------------------------------

    \530\ Arguably, to the extent that some aspects of the 
proposal's impact might have been anticipated in advance, some of 
the impact of its effect on incentives may already be reflected in 
banking organizations' risk exposures and activity.
---------------------------------------------------------------------------

    While all impact estimates in this proposal reflect aggregates 
across banking organizations, the impact on individual banking 
organizations would vary. Across the nine Category I and II bank 
holding companies, the standard deviation of the percentage impact on 
common equity tier 1 capital requirements is estimated at about 8.7 
percent. In general, firm-specific impact is well explained by 
variation in exposure to risk categories or engagement in business 
activities that face different impacts under the proposal.
    While this proposal would change both the numerator and denominator 
of risk-based capital ratios,\531\ the impact operates primarily 
through the denominator, risk-weighted assets. To simplify discussion 
of the impact of the proposal on requirements at a more granular level, 
the analysis focuses on changes to risk-weighted assets.
---------------------------------------------------------------------------

    \531\ The impact on the numerator includes the removal of 
capital deductions for above-threshold mortgage servicing assets. 
While no Category I or II banking organizations currently have any 
such deductions, the removal of the deduction treatment may have a 
significant effect on these banking organizations' incentives to 
originate and service mortgages, as discussed in section VIII.D.2. 
In addition, impact estimates account for changes to required 
capital ratios due to how changes in risk-weighted assets affected 
the stress capital buffer requirement and the short-term wholesale 
funding score in the current GSIB surcharge rule. Also, the proposal 
affects capital requirements by removing the advanced approaches 
requirements, which occasionally are larger than standardized 
requirements for some banking organizations.
---------------------------------------------------------------------------

    Table VII.2 provides risk-weighted assets for Category I and II 
bank holding companies aggregated by risk category across the current 
standardized approach, the advanced approaches,\532\ and the proposed 
expanded risk-based approach. Under the proposal, the aggregate risk-
weighted assets for such Category I and II banking organizations would 
increase by about 1.9 percent compared to the current standardized 
approach (which produces the binding risk-based capital requirements 
for nearly all of the banking organizations). Market risk-weighted 
assets increase by approximately 20 percent under the proposal. 
However, as discussed in section VII.C, the cumulative effect on the 
requirements applicable to trading activities of this and related 
capital proposals is more moderate. Meanwhile, combined risk-weighted 
assets for credit, operational, and CVA risks are roughly equal to 
general credit risk-weighted assets under the current standardized 
approach. For the depository institution subsidiaries of these 
organizations, risk-weighted assets would decrease by 3.0 percent 
relative to the standardized approach on aggregate, consistent with the 
relatively smaller amount of trading activity at the level of the 
depository institution.
---------------------------------------------------------------------------

    \532\ For purposes of sections VII and VIII, the term ``advanced 
approaches'' refers to a banking organization's total risk-weighted 
asset amount based on the sum of its risk-weighted assets calculated 
for credit, CVA, and operational risks plus, if applicable, risk-
weighted assets for market risk, minus certain deductions.
[GRAPHIC] [TIFF OMITTED] TP27MR26.101


[[Page 15100]]


1. Impact on Other Banking Organizations 533 534
---------------------------------------------------------------------------

    \533\ Data in the ``Total'' rows of the table also reflect 
deductions from risk-weighted assets for excess allowances for 
credit losses and allocated transfer risk reserves.
    \534\ Includes all depository institution subsidiaries of 
Category I and II bank holding companies.
---------------------------------------------------------------------------

    In addition to the revisions to the capital requirements of 
Category I and II banking organizations, the proposal would introduce 
certain changes to the capital requirements of non-Category I or II 
banking organizations. Specifically, the proposed market risk capital 
requirements would apply to banking organizations with significant 
trading activity, while no longer applying to a small number that would 
not meet the proposed applicability thresholds. In addition, some of 
the banking organizations that would remain subject to market risk 
capital requirements and have substantial exposure to OTC derivatives 
would become subject to capital requirements for CVA risk. For these 
non-Category I and II banking organizations that would remain subject 
to market risk capital requirements, the proposed market risk and CVA 
requirements would increase common equity tier 1 capital requirements 
by 0.9 percent.\535\
---------------------------------------------------------------------------

    \535\ The aggregate impact is small as the additional CVA 
requirements are significantly offset by estimated reductions in 
market risk-weighted assets for smaller banking organizations under 
the proposal.
---------------------------------------------------------------------------

    Furthermore, other banking organizations would have the option to 
apply the expanded risk-based approach. The agencies estimate that 
three Category III or IV holding companies would see a reduction in 
capital requirements in the range of three to seven percent if they 
were to choose to apply the expanded risk-based approach instead of the 
concurrently proposed revised standardized approach. In addition, the 
agencies estimate that about a third of banking organizations below 
Category IV would see reductions in capital requirements of between 
five and ten percent if they were to apply the expanded risk-based 
approach, although only a small number might see a reduction in capital 
requirements greater than ten percent. However, various features of the 
expanded risk-based approach that are appropriate for larger and more 
complex banking organizations, such as the requirements to adopt SA-CCR 
and reflect most elements of accumulated other comprehensive income in 
regulatory capital, may make the framework unappealing to many smaller 
banking organizations. Section VIII.F.2 considers further how other 
banking organizations' may respond to the optional application of this 
rule.
    Lastly, while banking organizations that remain below the Category 
I and II applicability thresholds would retain this optionality, those 
that subsequently become Category I or II banking organizations would 
become subject to the proposal's requirements. The different treatment 
of business activities under the proposal may affect the incentives of 
smaller banking organizations that plan to elect to use the expanded 
risk-based approach.

B. Cumulative Effect of Proposed Capital Rule Changes

    Other recently finalized or proposed revisions that relate to the 
regulatory capital framework could also materially affect the capital 
requirements of Category I and II banking organizations. These include 
(1) the recent eSLR changes, (2) the concurrent GSIB surcharge 
proposal, and (3) the Board's proposed stress test changes for the 
Board's supervisory stress test,\536\ which would inform the Board's 
determination of a bank holding company's stress capital buffer 
requirement.\537\ This section estimates the impact of this Stress Test 
Transparency Proposal jointly with these other capital reforms. 
Specifically, the stress testing component of the cumulative analysis 
here incorporates the data published in the Stress Test Transparency 
Proposal, which projected impacts to stress capital buffer requirement 
determinations as if the proposed model changes and proposed revisions 
to the global market shock scenario design had been implemented in the 
2024 and 2025 stress tests, independent of other factors that affect 
the determination of a banking organization's stress capital buffer 
requirement.\538\ In addition, this section provides some historical 
context for the overall cumulative impact of these proposals on capital 
requirements.
---------------------------------------------------------------------------

    \536\ The ``proposed stress test changes'' refer to the proposed 
model changes and revisions to the global market shock component 
announced in connection with the Board's proposal to enhance the 
transparency and public accountability of the Board's supervisory 
stress test. See Board, Enhanced Transparency and Public 
Accountability of the Supervisory Stress Test Models and Scenarios; 
Modifications to the Capital Planning and Stress Capital Buffer 
Requirement Rule, Enhanced Prudential Standards Rule, and Regulation 
LL, 90 FR 51856 (Nov. 18, 2025) (the ``Stress Test Transparency 
Proposal'').
    \537\ This analysis excludes consideration of the proposal to 
reduce the volatility of the stress capital buffer requirement, 
which would not have any standalone impact on the determination of a 
bank holding company's stress capital buffer requirement. Instead, 
the proposal would reduce the volatility of the stress capital 
buffer requirement by averaging the maximum common equity tier 1 
capital declines projected in each of the Board's prior two annual 
supervisory stress tests to inform a bank holding company's stress 
capital buffer requirement. See Board, Modifications to the Capital 
Plan Rule and Stress Capital Buffer Requirement, 90 FR 16843 (Apr. 
22, 2025).
    \538\ The estimated capital impact described in this cumulative 
analysis with respect to the proposed stress test changes announced 
in the Stress Test Transparency Proposal incorporates the underlying 
data published by the Board in the Stress Test Transparency 
Proposal, without changes to the underlying data. That proposal 
included illustrative analysis that considered the potential effects 
of the proposed stress test model and scenario changes, independent 
of other factors and components that inform the Board's stress 
capital buffer determinations for specific bank holding companies, 
within the 2024 and 2025 supervisory stress tests. As stated in the 
Stress Test Transparency Proposal, in aggregate, the proposed stress 
test model and scenario changes are not expected to materially 
change capital requirements for bank holding companies subject to 
the supervisory stress test, across various stress scenarios and 
jump-off conditions at the start of the test.
---------------------------------------------------------------------------

    In addition to capital requirements, the proposal's adjustments to 
risk-weighted assets would also affect the Board's total loss absorbing 
capacity (TLAC) and long-term debt requirements for U.S. GSIBs. The 
estimated impact of this proposal on TLAC and long-term debt 
requirements is described in the economic analysis section contained in 
the Board's separate notice of proposed rulemaking for the GSIB 
surcharge proposal.
I. Cumulative Impact of Recent Proposals on Capital Requirements
    Table VII.3 provides estimates of the combined impact of these 
revisions on Category I and II bank holding companies' aggregate common 
equity tier 1 and tier 1 capital requirements. The rightmost column in 
the table presents aggregate leverage requirements for these bank 
holding companies as a share of aggregate tier 1 capital risk-based 
requirements.\539\
---------------------------------------------------------------------------

    \539\ As with the estimates reported earlier, the estimates in 
section VII.B reflect the GSIB surcharge that would be applicable in 
early 2026.

---------------------------------------------------------------------------

[[Page 15101]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.102

    The combined impact of this proposal and the GSIB surcharge 
proposal on GSIBs' aggregate common equity tier 1 capital requirements 
would be a decrease of 2.4 percent. When combined with the proposed 
stress test changes, the decrease would be 4.8 percent, based on the 
average impact across 2024 and 2025 stress tests. The aggregate 
combined capital impact of the proposals is close to the sum of their 
standalone impact, as there are limited interactions between them.
    Turning to tier 1 capital, the recent eSLR changes are projected to 
reduce requirements for Category I and II bank holding companies by 
about 2.3 percent. When combined with this proposal, the GSIB surcharge 
proposal, and the stress testing changes, the reduction in aggregate 
tier 1 capital requirements is projected to be 6.0 percent. The 
estimated cumulative reduction of tier 1 capital requirements is only 
about 1.2 percentage points larger than for common equity tier 1 
capital requirements (6.0 percent decrease versus 4.8 percent decrease) 
despite the 2.3 percent reduction due to recent eSLR changes because 
tier 1 leverage requirements would become binding for two of the bank 
holding companies.
    The final column of Table VII.3 shows how binding the leverage and 
risk-based tier 1 capital requirements are by reporting the ratio of 
the aggregate leverage to risk-based requirements.\540\ Before the 
recent eSLR changes, aggregate leverage and risk-based tier 1 capital 
requirements were almost equal for Category I and II bank holding 
companies. With the recent eSLR changes, aggregate risk-based 
requirements would remain significantly higher than leverage 
requirements after accounting for the cumulative effects of the 
proposed changes to risk-based requirements, preserving the role of 
leverage as a backstop capital requirement.
---------------------------------------------------------------------------

    \540\ Prior to this proposal, the denominator of this ratio is 
measured using the greater of advanced approaches and standardized 
approach requirements.
---------------------------------------------------------------------------

    Also, while these estimates reflect an average across requirements 
under 2024 and 2025 stress tests, the specific stress test 
significantly affects the impact of certain of these changes in 
particular. The potential impact of the proposed stress test changes 
are conditional on the specific stress scenario used. In addition, the 
level of the stress capital buffer requirement affects the relative 
level of risk-based and leverage capital requirements, and thus the 
effect of the recent eSLR changes.
    While these proposals would result in a reduction relative to 
current capital requirements, requirements would still remain higher 
than they would be absent certain increases in capital requirements in 
recent years. To illustrate this, Figure VII.1 below plots common 
equity tier 1 capital requirements for Category I and II bank holding 
companies under two scenarios.\541\ The black curve provides 
requirements under the then-current rules. The gray curve provides a 
counterfactual where past increases in capital requirements that do not 
clearly respond to increasing banking system risks have been 
neutralized. First, the counterfactual assumes that method 2 
coefficients are indexed such that they grow at the same rate as method 
1 scores beginning in Q4 2019. This date is chosen as the lack of 
indexation in method 2 becomes particularly apparent as GSIBs' balance 
sheets expand rapidly in response to monetary and fiscal policy actions 
taken in the global COVID-19 pandemic. In addition, the counterfactual 
replaces the stress capital buffer requirement, which came into effect 
in late 2020, with an estimate of what capital requirements would have 
been under the previous stress testing framework.\542\ The 
counterfactual also neutralizes the aggregate impact on risk-weighted 
assets of the introduction of the standardized approach for 
counterparty credit,\543\ and reduces requirements by the estimated 
amount

[[Page 15102]]

of the impact of the current expected credit losses (CECL) accounting 
standard on common equity tier 1 capital.\544\ The gap between the two 
curves grows in early 2020 due to CECL, in late 2020 due to the stress 
capital buffer requirement, in 2022 due to SA-CCR, and gradually widens 
over time due to the impact of this balance sheet growth on method 2 
scores. The gap is especially large in 2023 due to the impact of the 
stress capital buffer requirement under the 2022 stress test. The blue 
diamond on the plot represents requirements in Q2 2025 after the 
estimated cumulative reduction in requirements of 4.8 percent under the 
several recently proposed revisions.\545\ In comparison, aggregate 
common equity tier 1 capital requirements are lower under the 
counterfactual.
---------------------------------------------------------------------------

    \541\ This plot is constructed using rounded stress capital 
buffer requirements and threshold deductions are not included in 
requirements.
    \542\ Specifically, the counterfactual subtracts planned 
cumulative common stock dividends and net share repurchases from 
holding companies' stress CET1 capital over the whole 9-quarter 
stress period, then recalculates the maximum decline in the CET1 
ratio, and sets a stress requirement equal to 4.5% plus this maximum 
decline of standardized risk-weighted assets. Overall CET1 capital 
requirements under the counterfactual equal the greater of this 
stress requirement or the greater of standardized and advances 
approaches risk-weighted assets multiplied by 7.0% plus the GSIB 
surcharge. The counterfactual does not account for changes in 
assumed stress balance sheet growth that were part of the stress 
capital buffer rule, but does account for the counterfactual's 
changes to risk-weighted assets (for SA-CCR) and allowances (for 
CECL). See Federal Reserve Board approves rule to simplify its 
capital rules for large banks, preserving the strong capital 
requirements already in place (Mar. 4, 2020), https://www.federalreserve.gov/newsevents/pressreleases/bcreg20200304a.htm.
    \543\ Based on values reported in eight of the nine banking 
organizations' SEC 10-Q/K filings following SA-CCR adoption (Q2 2020 
for Bank of America, Q4 2021 for Goldman Sachs and Morgan Stanley, 
and Q1 2022 for all others), in aggregate, at adoption, SA-CCR 
increased risk-weighted assets associated with derivatives exposures 
by about 15.8 percent. Consequently, in every quarter following SA-
CCR adoption, each banking organizations' risk-weighted assets for 
derivative exposures under the counterfactual is scaled by 1.158.
    \544\ The impact of additional allowances under CECL in each 
quarter after adoption is estimated as equal to the capital impact 
at adoption (January 1, 2020), multiplied by the ratio of the 
current balance of allowances for loans and lease losses divided by 
the sum of the balance of such allowances on December 31, 2019, plus 
the impact of CECL on allowances at adoption. Data are from the FR 
Y-9C, with reference codes (MDRM) as follows: capital impact at 
adoption (BHCKJJ26), allowance impact at adoption (BHCKJJ28), and 
allowances for loans and lease losses (BHCT3123).
    \545\ The dollar amount of common equity tier 1 requirements in 
this plot do not correspond with dollar requirements elsewhere in 
this proposal, primarily because the analysis elsewhere uses an 
average impact across 2024 and 2025 stress capital buffer 
requirements and GSIB surcharges applicable in 2026.
---------------------------------------------------------------------------

Figure VII.1
[GRAPHIC] [TIFF OMITTED] TP27MR26.103

2. Cumulative Impact of Recent Proposals on Common Equity Tier 1 
Capital Requirements by Risk Type
    The analysis now turns to the cumulative impact at the more 
granular level, focusing on the specific types of risk measured under 
the proposal: credit, operational, market, and CVA. The cumulative 
impact on capital requirements for each risk type can differ markedly 
from what is implied by the proposal's standalone impact on risk-
weighted assets.
    As an example, capital requirements for trading activity are 
affected not only by risk-weighted assets for market risk but also by 
the overall required capital ratio, which is affected by a banking 
organization's stress capital buffer requirement. As a result, capital 
requirements for trading activities are also informed by the revenues 
and losses such activities generate in the Board's supervisory stress 
test, independent of other factors, which depend on the scenarios and 
models used to project outcomes.
    As the minimum capital requirements is a fixed percentage point 
amount regardless of the composition of the banking organization's 
risks, it can be mapped straightforwardly to risk types based on the 
risks' share of risk-weighted assets. However, both the GSIB surcharge 
and stress capital buffer requirement reflect a banking organization's 
composition of risks, and thus attributing these requirements to risk 
types is conceptually more complex. Given that the GSIB surcharge 
proposal has a relatively limited impact on the composition of risks 
reflected by GSIB scores, this analysis makes the simplifying 
assignment of GSIB surcharge requirements to risks in proportion to 
their share of risk-weighted assets as well.
    As discussed in the Stress Test Transparency proposal, the proposed 
stress test changes, independent of other factors, could affect the 
composition of risks reflected in the modeled losses.\546\ Therefore, a 
more detailed approach to attributing the stress capital buffer 
requirement is undertaken in this analysis. The approach first 
considers

[[Page 15103]]

whether the bank holding company's stress capital buffer requirement 
has been consistently bound by the 2.5 percent floor. For holding 
companies with stress capital buffer requirements consistently set at 
2.5 percent, the requirement is effectively independent of the stress 
losses each risk type might generate, and so the 2.5 percent buffer is 
attributed to risks in proportion to each risk's share of risk-weighted 
assets. For other holding companies, however, the hypothetical losses 
generated by risks are reasonably likely to affect the stress capital 
buffer requirement. For these remaining banking organizations, each 
modelled driver of the maximum decline in the common equity tier 1 
capital ratio under the stress scenario is mapped to risks. Similarly, 
proposed stress test changes are mapped to risks.
---------------------------------------------------------------------------

    \546\ In aggregate, the stress test model and scenario changes 
are not expected to materially change capital requirements for bank 
holding companies subject to the supervisory stress test, across 
various stress scenarios and jump-off conditions at the start of the 
test. However, notwithstanding the limited overall effect on 
stressed CET1 capital ratios, there may be significant variation 
across the different loss drivers. For example, the proposed changes 
could result in less severe credit, market, and operational loss 
estimates. See 90 Federal Register 51856, 51874-51877 (Nov. 18, 
2025).
---------------------------------------------------------------------------

    Some of this mapping is relatively straightforward, such as mapping 
losses associated with provisions to credit risk, trading losses to 
market risk, counterparty losses to credit risk, and operational losses 
to operational risk. Revenue sources or other losses are mapped using 
blunt assumptions. Specifically, interest expenses and offsetting 
account fees are attributed across market and credit risk in proportion 
to the holding company's trading versus non-trading assets. 
Compensation and general noninterest expenses are attributed across 
risks in proportion to their estimated business-as-usual net revenues. 
Potential changes in capital requirements due to reconciliation of 
differences in accounting, tax and regulatory treatments are then 
allocated proportionally across each risk's contributions to the common 
equity tier 1 capital decline under the stress capital buffer, which is 
informed by the Board's stress test results. Finally, potential 
declines in the common equity tier 1 capital ratio associated with 
planned distributions are attributed across risks in proportion to 
their share of risk-weighted assets. Further details of this 
attribution process are in section VII.D.
    Table VII.4 below presents estimates of how common equity tier 1 
capital requirements are cumulatively affected by the proposed 
revisions to capital requirements and the proposed stress test changes. 
The first two columns provide requirements under the current advanced 
and standardized approaches. While the standardized approach does not 
include measures of operational or CVA risk-weighted assets, 
requirements for these risks in the standardized approach column result 
from their contribution to the stress capital buffer requirement. The 
``binding'' requirement is determined by which requirement is commonly 
binding for that bank holding company. Specifically, for all but two 
bank holding companies, the standardized approach requirement has been 
binding over at least the past five years, so their binding 
requirements are set equal to the standardized approach. For the other 
two bank holding companies, where the advanced approaches have 
occasionally been binding, the binding requirement reflects an average 
of the standardized and advanced approaches capital requirements.\547\ 
The requirements under the combined proposals column represents risk-
weighted assets measured under this proposal, GSIB surcharges computed 
under the corresponding GSIB surcharge proposal, and stress capital 
buffer requirements recalculated when applying the proposed revisions 
to the stress test, independent of other factors, to historical 2024 
and 2025 stress testing scenarios.
---------------------------------------------------------------------------

    \547\ For these two bank holding companies, the share of 
requirements attributed to each risk stripe under standardized and 
advanced approaches is averaged, and then multiplied by the maximum 
of standardized and advanced approaches requirements.

---------------------------------------------------------------------------

[[Page 15104]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.104

    In aggregate, common equity tier 1 capital requirements would 
decrease modestly--by about 5 percent--with notable differences across 
risk types. The binding requirement is projected to decline from $860 
billion under current rules to $818 billion under the combined 
proposals.
---------------------------------------------------------------------------

    \548\ The changes reported reflect the simple average of the 
percentage change calculated separately using 2024 and 2025 stress 
tests, and thus differ from the change computed from the dollar 
amounts in the columns to the left.
    \549\ Statistics used in agency calculations are from the 
special data collection, FR Y-9C, and FR Y-14 forms as of June 30, 
2025. See FFIEC 031 Form Statistics. For Form Y-14M, see Board of 
Governors of the Federal Reserve System, Reporting Forms: FR Y-14M 
(Capital Assessments and Stress Testing) (version June 2025) (``Form 
FR Y-14M''), https://www.federalreserve.gov/apps/reportingforms/Report/Index/FR_Y-14M. For FR Y-14Q, see Board of Governors of the 
Federal Reserve System, Reporting Forms: FR Y-14Q (Capital 
Assessments and Stress Testing) (version June 2025) (``Form FR Y-
14Q''), https://www.federalreserve.gov/apps/reportingforms/Report/Index/FR_Y-14Q.
---------------------------------------------------------------------------

    Credit risk capital requirements would decline by about 10.0 
percent under the combined proposals. This decline occurs because the 
Basel III proposal would generally reduce risk weights for credit 
exposures, and the proposed stress test changes are not projected to 
meaningfully modify the capital requirements applicable to credit risk. 
Therefore, the combined proposals' effects on credit risk capital 
requirements are more directly aligned with the changes in credit risk-
weighted assets implied by the expanded risk-based approach.
    Operational risk capital requirements would increase because the 
Basel III proposal includes operational risk-weighted assets in the 
expanded risk-based approach. However, the proposed stress test changes 
would meaningfully reduce the operational risk requirements embedded in 
the stress capital buffer requirement in this analysis. Taking both the 
Basel III and the proposed stress test changes together, the 
requirement for operational risk would increase by about 14.9 percent. 
Still, operational risk requirements would be substantially lower than 
those that currently result from banking organizations' internal models 
under the advanced approaches.
    Cumulative market risk capital requirements are projected to 
decline by approximately 5.8 percent.\550\ The increase in market risk-
weighted assets as a result of the Basel III proposal would be more 
than offset by the proposed changes to the global market shock 
component of the Board's stress test. The changes to the global market 
shock component would better align the liquidity horizons used to 
calibrate risk-factor shocks.
---------------------------------------------------------------------------

    \550\ The reduction would be larger when considering the 
proposed changes, independent of other factors, as implemented for 
the 2024 stress test than under the 2025 stress test.
---------------------------------------------------------------------------

    Finally, CVA capital requirements would increase substantially 
because CVA risk-weighted assets would be included in the single risk-
based capital requirement applicable to Category I and II banking 
organizations. The binding common equity tier 1 capital requirement for 
CVA risk would rise about 96 percent increase. Still, CVA risk would 
continue to represent a small

[[Page 15105]]

share of total risk-based capital requirements compared with credit and 
operational risk. Also, the share of capital requirements for CVA risk 
would remain similar to its share under the advanced approaches.

C. Impact by Banking Activities

    To assess how the proposal may affect the incentives for Category I 
and II banking organizations to engage in different lines of business, 
this section analyzes the proposal's estimated impact on the risk-
weighted assets associated with different banking activities. The 
section then turns to an analysis of the cumulative impact of the 
recent and concurrent capital-related proposals considered in the 
previous section, on the common equity tier 1 capital requirements of 
these banking activities.
1. Impact on Risk-Weighted Assets by Banking Activity
    A single banking activity can be associated with several categories 
of risk-weighted assets under the expanded risk-based approach. For 
example, mortgage intermediation can generate credit risk-weighted 
assets associated with mortgages, mortgage-backed securities, and 
mortgage servicing assets. In addition, the interest income on the 
mortgages, fee income on mortgage originations or servicing, and gains 
on mortgage sales or securitizations would increase risk-weighted 
assets for operational risk through their inclusion in the business 
indicator. Thus, all sources of risk-weighted assets need to be 
considered to understand how the proposal may affect overall capital 
requirements--and thereby the funding costs--associated with an 
activity. Conversely, a single category of risk-weighted assets does 
not generally represent a single type of banking activity. For example, 
credit risk-weighted assets could represent a loan to a household to 
buy a car, a line of credit to a nonbank financial company, debt 
securities primarily held to preserve the banking organization's 
liquidity, or an exposure to a corporate counterparty on a derivative 
contract.
    To assess the impact of the proposal on different banking 
activities, risk-weighted assets were decomposed into three areas 
intended to be broadly representative of banking organizations' high-
level functions: traditional lending, credit facilitation, and trading-
related activity. The remaining bank exposures and activities represent 
banking services, such as wealth management and corporate treasury, as 
well as fixed assets that could not be neatly slotted into the three 
primary activity areas.
    The largest category of banking activity is what is described here 
as traditional lending, which primarily serves to fund the economic 
activity of households and non-financial businesses. In this analysis, 
traditional lending includes exposures to loans, debt securities 
(including securitizations), and undrawn commitments. Traditional 
lending is further subdivided into residential mortgage lending, other 
retail lending, and corporate lending. Residential mortgage lending 
includes loans, residential mortgage-backed securities and mortgage 
securitization and servicing activity. Other retail lending captures 
all other forms of credit extension to households, such as credit 
cards, auto loans, installment loans, and student loans. In addition, 
loans to small businesses below $1 million are included in retail 
lending. Corporate lending consists of larger loans to non-financial 
sector businesses and includes both commercial and industrial loans as 
well as commercial real estate loans. Small business lending would fall 
under a mix of retail and corporate lending, based primarily on whether 
the amount borrowed exceeds $1 million.\551\
---------------------------------------------------------------------------

    \551\ While the banking activities of large banking 
organizations are less concentrated in small business lending, they 
remain significant providers of small business credit. As of Q2 
2025, category I and II banking organizations account for about 18 
percent of small business loans below $1 million, and 33 percent of 
small business loans below $100,000. Source: FFIEC Call Report, Line 
Item ``Loans to Small Businesses and Small Farms.'' This may not 
capture all small business lending, as the line item only covers 
exposures of $1 million or less and extensions of credit to small 
businesses may fall into other categories, such as real estate 
exposures, for purposes of the FFIEC Call Report.
---------------------------------------------------------------------------

    Large banking organizations also engage in credit facilitation 
beyond the direct lending activity discussed above. This activity 
includes providing financing to other financial sector entities. It 
also includes investing in Treasury securities and central bank 
reserves, which enable the banking organization to meet liquidity needs 
while engaging in less liquid traditional lending activity. It further 
includes products, such as guarantees or letters of credit, that 
facilitate business transactions by offering assurances.
    In addition to providing credit, large banking organizations serve 
an important intermediary role through a range of activities associated 
with trading. Certain core trading activities generate market risk-
weighted assets due to their exposure to gains and losses based on 
market prices or factors. Such activities include maintaining an 
inventory of financial instruments when a banking organization acts as 
a principal to the transactions. Additionally, market risk-weighted 
assets can result from exposures that arise as part of banking 
organizations' provision of derivatives or other financial products. 
Derivatives and other activities that facilitate clients' trading 
positions, such as securities financing transactions, also generate 
counterparty credit risk, and derivatives also generate CVA risk.
    The remaining risk-weighted assets are associated with ``other 
banking services'' or are ``fixed or other assets.'' Other banking 
services include wealth management and custody, advisory, insurance, 
and cash management services. These services would generate operational 
risk-weighted assets through the associated fee income, net of fee 
expenses, under the proposal. Fixed or other assets include owned real 
estate, investment in unconsolidated subsidiaries, and deferred tax 
assets, as well as any residual uncategorized balance sheet assets.
    While the attribution of risk-weighted assets for credit, market, 
and CVA risks across these activities is relatively straightforward, 
operational risk-weighted assets must be split across several 
activities that generate income. While certain activities may have a 
disproportionate effect on a banking organizations' GSIB scores, GSIB 
surcharge requirements are assigned in proportion to each activity's 
attributed risk-weighted assets to avoid further complexity. Details of 
the methodology are covered in section VII.D.
    Table VII.5 provides risk-weighted assets aggregated by banking 
activity across the current standardized approach and under the 
proposal. In most cases, capital requirements under the standardized 
approach exceed those under the advanced approaches, so this analysis 
is simplified by considering only the standardized approach here. Table 
VII.6 further below provides the breakdown of risk-weighted assets of 
each banking activity under the proposal across the several risk 
categories.
    Despite the explicit measure of operational risk when compared to 
the current standardized approach, the proposal would generally reduce 
the risk-weighted assets associated with traditional lending activity. 
Risk-weighted assets would decrease by 10 percent for residential real 
estate due to a roughly 21 percent reduction in credit risk-weighted 
assets on residential mortgages, which is only partly offset by 
operational risk-weighted assets. Similarly, risk-weighted assets 
decrease by a significant 18 percent for corporate lending. Risk-
weighted assets increase

[[Page 15106]]

by 9 percent for retail lending due to a smaller 9 percent decrease in 
credit risk-weighted assets related to the risk-weighting of 
unconditionally cancelable commitments and comparatively larger 
operational risk requirements associated with the higher interest 
margins on most retail lending. Risk-weighted assets associated with 
credit facilitation would decrease by about 10 percent.
    Risk-weighted assets associated with trading-related activity would 
increase by 31 percent. While more than half of these risk-weighted 
assets come from counterparty credit risk on derivatives and securities 
financing transactions, the increase is driven by increases in market 
risk-weighted assets and operational risk associated with the 
significant revenue generated by trading-related activity.
    While the share of Category I and II banking organizations' risk-
weighted assets resulting from trading-related activities would 
increase, traditional lending activity would still account for the 
largest share of their risk-weighted assets under the proposal. 
Specifically, traditional lending activity would account for 44 percent 
of risk-weighted assets of Category I and II banking organizations 
under the proposal, a decrease from 50 percent under the current 
standardized approach. In contrast, the percentage of Category I and II 
banking organizations' total risk-weighted assets arising from trading-
related activities would increase from 23 percent under the 
standardized approach to 29 percent under the proposal.
    Other banking services, which consist primarily of investment 
management, merchant banking, advisory services and corporate treasury, 
generate operational risk-weighted assets under the proposal due to 
their income. Income associated with these banking activities accounts 
for about 27 percent of Category I and II banking organizations' 
noninterest income. Consequently, while this analysis does not assign 
assets to such activities that would generate risk-weighted assets 
under the standardized approach, they would account for approximately 
1.8 percent of risk-weighted assets under the proposal.
---------------------------------------------------------------------------

    \552\ Statistics used in agency calculations are from the 
special data collection, FR Y-9C, and FR Y-14 forms as of June 30, 
2025. See FFIEC 031 Form Statistics. For Form Y-14M, see Board of 
Governors of the Federal Reserve System, Reporting Forms: FR Y-14M 
(Capital Assessments and Stress Testing) (version June 2025) (``Form 
FR Y-14M''), https://www.federalreserve.gov/apps/reportingforms/Report/Index/FR_Y-14M. For FR Y-14Q, see Board of Governors of the 
Federal Reserve System, Reporting Forms: FR Y-14Q (Capital 
Assessments and Stress Testing) (version June 2025) (``Form FR Y-
14Q''), https://www.federalreserve.gov/apps/reportingforms/Report/Index/FR_Y-14Q.
[GRAPHIC] [TIFF OMITTED] TP27MR26.105


[[Page 15107]]


[GRAPHIC] [TIFF OMITTED] TP27MR26.106

2. Cumulative Impact of Recent Proposals on Common Equity Tier 1 
Capital Requirements by Banking Activity
---------------------------------------------------------------------------

    \553\ Includes risk-weighted asset deductions--allocated 
proportionally to pre-deduction risk-weighted assets.
    \554\ Statistics used in agency calculations are from the 
special data collection, FR Y9-C, and FR Y-14Q forms as of June 30, 
2025. For FR Y9-C, see June 2025 Form Statistics. For FR Y-14Q, see 
Board of Governors of the Federal Reserve System, Reporting Forms: 
FR Y-14Q (Capital Assessments and Stress Testing) (version June 
2025) (``Form FR Y-14Q''), https://www.federalreserve.gov/apps/reportingforms/Report/Index/FR_Y-14Q.
---------------------------------------------------------------------------

    The final analysis in this section attributes common equity tier 1 
capital requirements to business activities. Due to the challenges of 
attributing many sources of stress loss to a specific banking activity, 
this analysis assigns the stress capital buffer requirements associated 
with each risk type in proportion to each activities' share of the risk 
type within the proposal's risk-weighted assets calculation. For 
example, if corporate lending accounts for 15 percent of credit risk-
weighted assets at a bank, 15 percent of the portion of the banks' 
stress capital buffer requirement attributed to credit risk would be 
further attributed to corporate lending.
    Table VII.7 presents the cumulative impact of the proposals and 
proposed stress test changes on requirements by banking activity. The 
cumulative impact on requirements for traditional lending and credit 
facilitation roughly track the risk-weighted asset changes. However, 
the 9 percent increase in common equity tier 1 capital requirements for 
trading-related activities is significantly smaller than the 31 percent 
risk-weighted asset impact. This difference is primarily driven by the 
proposed stress test changes, which would significantly reduce 
projected market risk losses (particularly in the 2024 stress test) and 
projected operational losses (which are attributed in significant part 
to trading-related activity) in this analysis. At the same time, the 
increase in requirements for trading-related activities is 
significantly larger than the 6 percent decrease in requirements for 
market risk,\555\ which falls within the broader category of trading-
related activities. This follows, as trading-related activities include 
significant operational risk and CVA requirements, which increase 
relative to current rules, notwithstanding the proposed stress test 
changes.
---------------------------------------------------------------------------

    \555\ See section VII.B.2.
---------------------------------------------------------------------------

    Further discussion of the economic implications of this proposal in 
combination with other recent capital rulemakings is found in section 
VIII.

[[Page 15108]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.107

     
---------------------------------------------------------------------------

    \556\ Statistics used in agency calculations are from the 
special data collection, FR Y-9C, and FR Y-14 forms as of June 30, 
2025. See FFIEC 031 Form Statistics. For Form Y-14M, see Board of 
Governors of the Federal Reserve System, Reporting Forms: FR Y-14M 
(Capital Assessments and Stress Testing) (version June 2025) (``Form 
FR Y-14M''), https://www.federalreserve.gov/apps/reportingforms/Report/Index/FR_Y-14M. For FR Y-14Q, see Board of Governors of the 
Federal Reserve System, Reporting Forms: FR Y-14Q (Capital 
Assessments and Stress Testing) (version June 2025) (``Form FR Y-
14Q''), https://www.federalreserve.gov/apps/reportingforms/Report/Index/FR_Y-14Q.
---------------------------------------------------------------------------

D. Data and Estimation Methodology

    This section describes the data and methodology used to estimate 
the impact of this proposal on banking organizations' risk-weighted 
assets and capital requirements. Section VII.D.1 describes the 
``special data collection'' used as a starting point for the risk-
weighted asset impact estimates for holding companies, and the 
adjustments made to these data to reflect the current proposal. Section 
VII.D.2 describes how these estimates of risk-weighted assets are 
extrapolated to more recent time periods and depository institution 
subsidiaries. Section VII.D.3 describes how risk-weighted assets are 
attributed across banking activities under the current standardized 
approach as well as under the proposal. Section VII.D.4 describes how 
impacts on capital requirements are constructed from the estimated 
total risk-weighted assets. Section VII.D.5 describes how stress 
capital buffer capital requirements, as informed by the Board's 
supervisory stress test, are attributed to risk types within the 
cumulative capital impact analysis.
    Question 195: The agencies request comment on all aspects of the 
impact analysis in this proposal, including the estimation of risk-
weighted assets and capital requirements, the attribution of risk-
weighted assets to banking activities and the attribution of stress 
capital buffer requirements to risk categories. What changes or 
alternative methodologies, if any, should the agencies consider, and 
why? What additional analysis or data should the agencies consider, and 
why? Commenters are encouraged to provide any additional data that 
would be relevant.
1. Estimation of Risk-Weighted Assets Under the Proposed Expanded Risk-
Based Approach
a. Special Data Collection
    In late 2023, the Board collected data on risk-weighted assets from 
32 large bank holding companies based on the specific requirements 
contained in a July 27, 2023, capital proposal.\557\ The data in this 
voluntary collection reflected respondents' exposures as of June 30, 
2023.\558\ The differences between the current proposal and the 
proposal on which the special data collection was intended to inform 
are broad and material. However, the definitions of risk exposures 
under the current proposal is still significantly better aligned with 
the special data collection than alternative sources, making the 
special data collection the

[[Page 15109]]

most suitable starting point for much of the impact analysis.\559\
---------------------------------------------------------------------------

    \557\ See https://www.federalreserve.gov/newsevents/pressreleases/bcreg20231020b.htm.
    \558\ One banking organization submitted data as of the third 
quarter of 2023, instead of as of June 30, 2023. The data provided 
by this banking organization was not used for the analysis described 
in this proposal. This banking organization would not be subject to 
the current proposal.
    \559\ The Board is releasing an aggregated form of the special 
data collection in order to preserve the confidentiality of the 
responses provided by individual banking organizations while also 
providing additional information to the public. The aggregated form 
of the special data collection will be available on the Board's 
website, see: https://www.federalreserve.gov/supervisionreg/basel/basel-default.htm.
---------------------------------------------------------------------------

    The special data collection includes data from all nine Category I 
and II bank holding companies, as well as most of the additional bank 
holding companies that are expected to be subject to the proposed 
market risk capital requirements, and these data were substantially 
complete.\560\ In addition, the special data collection includes 
estimates of market risk and CVA covering most of the additional bank 
holding companies that would be subject to market risk and CVA. 
However, the collection did require some limited imputation of data 
points to address inconsistencies, as discussed below in section 
VII.D.1.ii. In addition, significant adjustments were made to reflect 
differences between the current proposal and the 2023 proposal. These 
adjustments, detailed below in section VII.D.1.iii, were informed by a 
combination of FR Y-14 data and industry comment letters received in 
response to the 2023 proposal. For comparison with the current capital 
rule, the analysis also relied on regulatory financial reports (FFIEC 
Call Reports, FR Y-9C, FR Y-15, FFIEC 101, and FFIEC 102), supplemented 
with data on stress capital buffer requirements.\561\
---------------------------------------------------------------------------

    \560\ Specifically, banking holding companies with complete 
market risk estimates in the special data collection represent over 
96 percent of the Q2 2025 trading assets plus liabilities of all 
bank holding companies expected to be subject to market risk capital 
requirements.
    \561\ Reporting forms issued by the Federal Financial 
Institutions Examination Council (FFIEC) are available at 
www.ffiec.gov and reporting forms issued by the Federal Reserve 
Board are available at www.federalreserve.gov. The ``Call Report'' 
collectively refers to the data from the FFIEC 031, 041, and 051 
forms. Specifically, see FFIEC 031 Form Statistics and FFIEC 041 
Form Statistics. For FFIEC 051 (``FFIEC 051 Form Statistics''), see 
FFIEC, Reporting Forms, Consolidated Reports of Condition and Income 
for a Bank with Domestic Offices Only and Total Assets Less than $5 
Billion: FFIEC 051 (version June 2023). Bulk data download available 
at: https://cdr.ffiec.gov/public/PWS/DownloadBulkData.aspx. Certain 
financial reports filed by banking organizations, including portions 
of the FFIEC 101 and FFIEC 102 reports, as well as FR Y-14 reports, 
are not available publicly because they contain confidential 
supervisory information and are confidential business information of 
the reporting banking organizations. Where the agencies relied on 
confidential information collected through these reports for 
estimates in this SUPPLEMENTAL INFORMATION, the agencies have 
described in detail what confidential data were used and how they 
were used.
---------------------------------------------------------------------------

    A few important caveats remain for impact estimates included in 
this section. Although the agencies and participating banking 
organizations have corrected known erroneous data submissions through 
extensive dialogue and resubmissions from reporting banking 
organizations, some data quality issues could remain. In addition, the 
adjustments detailed in section VII.D.1.iii in many cases are only 
approximations and may not account for all material differences between 
the current proposal and the 2023 proposal upon which the special data 
collection was based. Also, the impact estimates do not reflect 
potential longer-term changes in banking organizations' behavior or 
changes in market conditions that may occur after implementation of the 
proposal. Section VIII includes discussion of the economic implications 
of the capital impact of the proposal on different banking activities 
and under different economic conditions.
b. Data Imputations
    The imputations fall into two categories: recalculations and 
proxies. Recalculations are applied to adjust certain firm-wide totals 
based on subcomponent data where a banking organization did not report 
such total values or because inconsistencies were identified in a 
banking organization's calculations based on its subcomponent data. 
Proxies are extrapolations of missing data from one banking 
organization based on submissions of similar banking organizations. 
Proxies were only applied in cases where subcomponent data that could 
enable a recalculation were also not provided.
    There are three areas that required recalculations:
    (1) CVA risk-weighted assets, where one GSIB submitted data using 
an incorrect formula that was included in an early version of the data 
submission instruction, before the Board issued an update to correct 
the error in submission instructions. In this case, the Board used the 
correct formula to recalculate CVA risk-weighted assets.
    (2) Operational risk-weighted assets, where some banking 
organizations' total operational risk-weighted assets were calculated 
in a manner inconsistent with the formula published in the proposal. In 
these cases, the agencies recalculated total operational risk-weighted 
assets from their subcomponents by applying the formula in the 
proposal, which had a material effect for one GSIB.
    (3) Internal models approach market risk-weighted assets, where 
some banking organizations provided internal models approach values for 
one or more trading desks but did not follow the formula for 
calculating the entity-wide market risk capital requirement using these 
values. In these cases, the agencies assumed that these trading desks 
are model-eligible and applied the proposed formula to recalculate 
market risk weighted assets, which caps the banking organization's 
entity-wide internal models-based market risk-weighted assets.\562\
---------------------------------------------------------------------------

    \562\ Estimates of the impact of the proposal cap the banking 
organization's entity-wide internal models-based market risk capital 
requirement at the capital requirement under the standardized 
approach.
---------------------------------------------------------------------------

    These recalculations carry through to firm-wide calculations. For 
example, the agencies recalculated total risk-weighted assets to 
reflect recalculated operational or market risk-weighted assets where 
appropriate.
    Proxies were applied where a banking organization's submission for 
market risk-weighted assets was missing or equal to zero, and the 
banking organization's regulatory reports suggested that it would 
likely be subject to market risk under the proposal. For these few 
holding companies, market risk-weighted assets under the proposal were 
proxied by market risk-weighted assets under the current rule, 
multiplied by (one plus) the median percentage change in market risk-
weighted assets under the proposal across peer holding companies in the 
data collection. These peer groups were constructed as (i) Category I 
and II holding companies, (ii) Category III and IV domestic holding 
companies, and (iii) Category III and IV foreign holding companies. As 
with recalculated values, the proxied value was carried through to the 
calculation of total risk-weighted assets.
c. Data Adjustments To Reflect Current Proposal
    The special data collection measures risk-weighted assets under the 
2023 proposal, necessitating adjustments to reflect the impact of this 
proposal. Where possible, the special data collection is used to 
estimate these adjustments to risk-weighted assets. However, in some 
cases, a sufficiently accurate estimate requires additional regulatory 
data or industry estimates. The discussion below details how the 
estimates used in this proposal were constructed.\563\
---------------------------------------------------------------------------

    \563\ The estimated risk-weighted assets do not include 
adjustments for details of the current proposal not reflected in the 
2023 special data collection where the impact is both expected to be 
immaterial and difficult to reliably estimate.
---------------------------------------------------------------------------

    The current proposal would apply the Basel III risk weights for 
residential real estate exposures, removing 20

[[Page 15110]]

percentage points from the set of risk weights proposed in 2023. To 
reflect this, risk-weighted assets were adjusted by an amount equal to 
20 percent of the estimated residential real estate exposure in the 
special data collection. In calculating real estate exposure, on-
balance sheet residential real estate exposures are taken as those 
reported as regulatory residential real estate under risk weights that 
correspond to such exposures under the 2023 proposal.\564\ Because 
there is no specific item for off-balance sheet residential real estate 
exposures in the special data collection, these are estimated as the 
amount of home equity loan commitments in the FR Y-9C under the 
assumption that these are all unconditionally cancelable exposures with 
a 10 percent credit conversion factor under the proposal.\565\
---------------------------------------------------------------------------

    \564\ Special data collection item 6.e under 40, 45, 50, 60, 70, 
or 90 percent risk weights and item 6.f under 50, 55, 65, 80, 95, 
and 125 percent risk weights.
    \565\ FR Y-9C, Schedule HC-L item 1.a.
---------------------------------------------------------------------------

    Similarly, the current proposal would reduce retail risk weights by 
10 percentage points relative to the 2023 proposal. The impact of this 
modification is calculated similarly to the residential real estate 
modification, with the applicable on- and off-balance sheet retail 
exposure estimated using special data collection exposures reported 
under 55, 85, or 110 percent risk weights in the items corresponding to 
retail and unconditionally cancelable commitments, respectively.
    The scope of applicability of the 65 percent risk weight for 
investment grade corporate exposures has expanded significantly 
relative to the 2023 proposal. Data from the special data collection 
are used to estimate the impact of this change. Specifically, for each 
banking organization, memo items M.6 and M.10 are used as estimates of 
the amount of additional investment grade corporate exposure to which 
the 65 percent risk weight would apply.\566\ Across Category I and II 
banking organizations, an estimated 53 percent of balance sheet 
corporate exposure and 60 percent of off-balance sheet corporate 
exposure is classified as investment-grade and risk-weighted at 65 
percent under the proposal, including the exposure already risk-
weighted at 65 percent under the 2023 proposal. The bank-specific 
difference between this amount and the amount of corporate exposure 
risk-weighted at 65 percent under the 2023 proposal is multiplied by 
the negative 35-percentage-point change in risk weight to obtain the 
estimated adjustment to risk-weighted assets.
---------------------------------------------------------------------------

    \566\ One banking organization's entry on memo item 10 is 
divided by 1000 due to a likely unit error. In addition, in each of 
memo items 6 and 10, there is one entry that is likely incorrect 
(i.e. zero or amounts exceeding total corporate exposure risk-
weighted at 100 percent), and treated as missing. The missing values 
for the (on/off-balance sheet) investment-grade corporate exposures 
risk weighted at 100 percent are imputed by multiplying (on/off-
balance sheet) corporate exposures risk-weighted at 100 percent 
(item 8) by the aggregate investment grade share of (on/off-balance 
sheet) corporate exposures, based on those banking organizations in 
the special data collection where the investment grade 100 percent 
risk weighted memo item is reported.
---------------------------------------------------------------------------

    The treatment of equity exposures in the banking book differs 
significantly under this proposal versus the special data collection. 
As this proposal retains the current treatment of banking book equity 
exposures, their risk-weighted assets under the current simple risk-
weight method are used as the starting point for their estimated risk-
weighted assets under the proposal.\567\ However, a downward adjustment 
is applied to this amount to account for publicly traded equity 
exposures that are scoped into market risk under this proposal. This 
adjustment was estimated using memo item 2 of the ``Equity exposures'' 
template of the special data collection. For the few banking 
organizations that did not provide data for this memo item, the share 
of equity exposure migrating to the trading book is imputed as the 
aggregate share of such exposure across the special data collection 
banking organizations that did provide these data.\568\ In calculating 
risk-weighted assets, it is assumed that the migrating equity exposures 
would have otherwise received the 100 percent risk weight applicable to 
``non-significant'' equity exposures.
---------------------------------------------------------------------------

    \567\ Specifically, risk-weighted assets are taken as the amount 
reported in Schedule B of the FFIEC 101, item 23, column G.
    \568\ The estimate of the aggregate share of equity exposures 
migrating out of the equity framework is 3.79 percent.
---------------------------------------------------------------------------

    Risk-weighted assets in the special data collection are also 
adjusted to reflect removal of the minimum haircut floor. As the 
special data collection does not provide the calculation of a 
standalone impact of the minimum haircut floor in the 2023 proposal on 
risk-weighted assets, the impact of removing the haircut floor is 
estimated by calculating the difference between the current 
standardized approach and the expanded risk-based approach for 
exposures that would fail the minimum haircut floor requirement.\569\
---------------------------------------------------------------------------

    \569\ Specifically, this difference is the sum of items 1 
through 4 and 11 through 14 of column M minus the sum of those same 
items in column K within the ``transacts fail hairct flrs'' sheet of 
the special data collection.
---------------------------------------------------------------------------

    The adjustments to operational risk-weighted assets in the special 
data collection are constructed in two stages. First, risk-weighted 
assets for operational risk are recalculated using an internal loss 
multiplier equal to one for all banking organizations. Risk-weighted 
assets for operational risk are then recomputed using the business 
indicator as defined in the proposal, replacing the financial and 
services components with a noninterest component that also downscales 
net income from investment management, investment services, and 
treasury services.\570\ This noninterest component is computed 
primarily from the special data collection ``Operational risk'' sheet 
as the three-year average of the absolute value of net noninterest 
income before operational losses (Part 2, sum of 2.a, 2.c, 3.a and 3.b, 
plus Part 1, item 1, minus the sum of 2.b and 2.d), accounting for a 
scaling of net noninterest income associated with investment 
management, and investment and treasury services, plus the three-year 
average operational losses (Part 1, item 1). To account for the scaling 
of net noninterest income from historically lower operational risk 
activities, the three-year average absolute value of net noninterest 
income is scaled by a factor that accounts for the scaling of net 
income associated with investment management and investment and 
treasury services in the proposal.\571\ Due to data limitations, this 
factor is based on these activities share of total, not net, 
noninterest income.
---------------------------------------------------------------------------

    \570\ The proposal would not downscale all treasury services (as 
defined in the FR Y-14Q report), but rather only certain treasury 
services (see Section IV.D.1 of this Supplemental Information). 
However, data on the relevant subset of treasury services is not 
available to the agencies. This discrepancy implies that the 
aggregate impact of the proposal would be slightly smaller than 
estimated. If none of treasury services income were subject to the 
scaling factor, the impact of the proposal on aggregate common 
equity tier 1 capital requirements would only be about 0.3 percent 
higher.
    \571\ Specifically, the scaling factor equals one minus the 
ratio of 70 percent of three-year average of the sum of investment 
management, investment services, and treasury services noninterest 
income divided by three-year average total noninterest income. 
Investment management, investment services, treasury services, and 
total noninterest income are items 19, 20, 21, and 26 of FR Y-14Q 
Schedule G.
---------------------------------------------------------------------------

    The agencies used information from the special data collection to 
recalculate market risk-weighted assets under the proposal.\572\ The 
main changes from the 2023 proposal were to: (1) recognize full 
diversification for certain non-modellable risk factors, (2) recognize 
diversification between positions modeled under the standardized 
approach and the internal models

[[Page 15111]]

approach, (3) use a single default risk calculation for all trading 
desks rather than separate default risk calculations for modeled and 
non-modeled desks, (4) cap the amount of capital required under the 
internal models approach at the amount required by the standardized 
approach for market risk in certain circumstances, (5) remove the 
Spearman Correlation profit and loss attribution test for internally 
modelled desks, and (6) clarify netting for Uniform Mortgage-Backed 
Securities.\573\ In addition to the changes noted above, the estimated 
impact of the proposal includes an estimated impact on risk-weighted 
assets from a reduction in the scope of application of the market risk 
framework of the capital rule. Due to limited data on which to base the 
corresponding impact estimate for scope, it is assumed that the credit 
risk-weighted assets of these currently market risk-weighted exposures 
would equal the current market risk-weighted assets of these 
exposures.\574\
---------------------------------------------------------------------------

    \572\ Due to nonlinearities in market risk formulas, firm-level 
data are required to construct these estimates.
    \573\ The analysis assumes that banking organizations receive 
supervisory approval to cap the amount of capital required under the 
internal models approach at the amount of capital required for all 
trading desks under the standardized approach. For more information 
on this process, see section V.A.3.b.
    \574\ This conservative assumption results in the small increase 
in risk-weighted assets noted in section VII.A.1, as the proposed 
market risk rule would otherwise result in an overall decrease in 
market risk-weighted assets for these banking organizations.
---------------------------------------------------------------------------

    Most market risk impact estimates are obtained by applying formulas 
in the regulation. To calculate the impact of removing the Spearman 
Correlation test, the agencies assume a 20 percentage point increase in 
the share of modeled capital requirements and also assume that shifting 
positions from the standardized approach to internal models reduces 
capital requirements by 50 percent.\575\
---------------------------------------------------------------------------

    \575\ The 50 percent impact is derived from an analysis of the 
ratio of modelled capital requirements compared to standardized 
approach capital requirements for the same portfolio using 
information from the special data collection.
---------------------------------------------------------------------------

    Additionally, due to data limitations, to reflect the impacts of 
clarifying netting for Uniform Mortgage-Backed Securities, an estimate 
from the joint comment letter from the International Swaps and 
Derivatives Association and Securities Industry and Financial Markets 
Association was used. This letter estimates an approximately nine 
percent reduction in capital requirements for market risk positions 
capitalized under the standardized approach across eight GSIBs.\576\ 
These impact estimates apply the nine percent reduction in standardized 
approach capital requirements across all banking organizations.
---------------------------------------------------------------------------

    \576\ The nine percent figure is imputed from the comment 
letter. Page 23 includes a figure indicating a $70.3 billion 
reduction in risk-weighted assets from the ``GSE'' change on a base 
of $801.7 billion in risk-weighted assets under the standardized 
approach. $70.3 billion is approximately nine percent of $801.7 
billion. See Comment Letter from International Swaps and Derivatives 
Association and the Securities Industry and Financial Markets 
Association, (Jan. 16, 2024), https://www.federalreserve.gov/SECRS/2024/February/20240220/R-1813/R-1813_011724_156753_496678267479_1.pdf.
---------------------------------------------------------------------------

    Due to data limitations, to reflect the exemption of client-facing 
derivative transactions from CVA risk, an estimate from the joint 
comment letter from the International Swaps and Derivatives Association 
and Securities Industry and Financial Markets Association was used. 
This letter estimates that such a change would reduce proposed CVA 
risk-weighted assets relative to the 2023 proposal by about 9 percent 
in aggregate.\577\ This 9 percent impact was applied to each bank's CVA 
risk-weighted assets.
---------------------------------------------------------------------------

    \577\ Comment Letter from International Swaps and Derivatives 
Association and the Securities Industry and Financial Markets 
Association, at 103 & n. 269, 160 (Jan. 16, 2024), https://www.federalreserve.gov/SECRS/2024/February/20240220/R-1813/R-1813_011724_156753_496678267479_1.pdf.
---------------------------------------------------------------------------

    Lastly, to reflect a change in the securitization p-factor under 
the proposal, the agencies use estimates of securitization risk-
weighted assets under a p-factor of 0.5 (memo item 1 in the 
``Securitization exposures'' sheet of the data collection). This 
estimate was completed by all holding companies that would be subject 
to this proposal.
2. Extrapolation of Estimates to Other Time Periods and Banking 
Organizations
    As it has been more than two years since the as of date of the 
special data collection (June 30, 2023), the analysis in this proposal 
adjusts risk-weighted assets to reflect more current balance sheets. 
The adjustment approach in this proposal is intended to capture not 
only general growth, but also the potential effect of broad shifts in 
the composition of banking organizations' balance sheets since 2023. 
Specifically, the analysis in this proposal decomposes risk-weighted 
assets into eleven exposure segments, and then establishes an index for 
each segment and banking organization; a measure which is assumed to 
change over time in proportion to the exposures' risk-weighted assets 
under the proposal. The risk-weighted assets for each segment under the 
proposal, as of Q2 2025, are then estimated as the segment's risk-
weighted assets under the special data collection, adjusted for 
differences between the 2023 and current proposal as described above, 
and then multiplied by one plus the cumulative growth in the segment's 
index over the period Q2 2023 through Q2 2025. Total risk-weighted 
assets under the proposal as of Q2 2025 are then taken by summing 
across the segments.\578\
---------------------------------------------------------------------------

    \578\ In addition, total risk-weighted assets reflect a small 
adjustment for an estimate of risk-weighted asset deductions as of 
Q2 2025--actual deductions for allocated transfer risk reserve (FR 
Y-9C HC-R Part II, item 30), plus an adjusted deduction for excess 
AACL. This adjusted excess AACL deduction is estimated as zero for 
holding companies reporting no excess AACL deduction in Q2 2025 (FR 
Y-9C HC-R Part II, item 29), and for other holding companies it is 
equal to this reported amount plus 1.25 percent of the difference in 
the credit risk-weighted assets of non-equity exposures between the 
proposal and the current standardized approach.
---------------------------------------------------------------------------

    The analysis in this proposal takes a similar approach when 
estimating risk-weighted assets for the depository institution 
subsidiaries of holding companies present in the special data 
collection. Specifically, the index for each segment is measured at 
both the depository institution and holding company levels, and the 
share of risk-weighted assets at the depository institution subsidiary 
is estimated to be the same as the share of the corresponding index at 
the depository institution subsidiary.
    The eleven exposure segments and their corresponding indices, are 
described below. Given their function, the indices must exist over time 
at both the holding company and depository institution levels. 
Furthermore, the selected indices should bear a close conceptual 
relationship with the risk-weighted assets associated with the 
exposure. This improves the reliability of the estimates by ensuring 
that drivers of changes in the index should generally be reflected in 
changes to risk-weighted assets under the proposal. In most cases, the 
chosen index is the risk-weighted assets of the exposure segment under 
the standardized approach.
    The eleven exposure segments include operational risk, market risk, 
CVA, and eight areas of credit risk exposure. The eight segments within 
credit risk are: residential real estate,\579\ retail,\580\ 
securitization, banking book

[[Page 15112]]

equity, SFTs,\581\ derivatives,\582\ all other balance sheet 
exposures,\583\ and all other off-balance sheet exposures.\584\ For 
nine of the eleven exposure segments, the chosen index represents risk-
weighted assets for the exposure segment under the standardized 
approach, or a close approximation thereof.\585\ Standardized risk-
weighted assets should change similarly to risk-weighted assets under 
this proposal as long as there are not large changes within the 
exposure segment associated with the additional risk-drivers 
incorporated within the proposal. For example, risk-weighted assets for 
residential real estate should grow similarly as long as the loan-to-
value composition of the portfolio does not shift significantly.
---------------------------------------------------------------------------

    \579\ Includes all risk-weighted assets reported in items 6.a, 
e, and f of the special data collection ``General credit risk 
exposures'' sheet, plus 10 percent of the exposure amount reported 
in item 1.a of FR Y-9C HC-L (i.e. home equity line of credit risk-
weighted assets when assuming a 100 percent credit risk weight and a 
10 percent CCF under the proposal).
    \580\ Includes all risk-weighted assets reported in item 7, plus 
risk-weighted assets of exposures risk-weighted at 55, 85 or 110 
percent in item 12 of the special data collection ``General credit 
risk exposures'' sheet.
    \581\ Includes all risk-weighted assets reported in items 18, 20 
and 21 of the special data collection ``General credit risk 
exposures'' sheet, plus risk-weighted assets reported in items 1 
through 4 and 11 through 14 of the ``Transacts fail min hairct 
flrs'' sheet.
    \582\ Includes all risk-weighted assets reported in items 24 and 
25 of the special data collection ``General credit risk exposures'' 
sheet.
    \583\ Defined as all risk-weighted assets reported in part 1 of 
``General credit risk exposures'' in the special data collection, 
less those amounts already included within residential real estate 
or retail.
    \584\ Defined as all risk-weighted assets reported in part 2 of 
``General credit risk exposures'' in the special data collection, 
less those amounts already included within residential real estate, 
retail, SFT or derivatives.
    \585\ For these nine exposure segments, the standardized 
approach-based index is defined by items in regulatory reports as 
follows. Unless indicated otherwise, amounts represent risk-weighted 
assets associated with the indicated items from the FR Y-9C, HC-R 
Part II, with corresponding values from FFIEC Call reports used for 
depository institution subsidiaries. Market risk--item 27. 
Residential real estate--items 4.a and 5.a, amounts in columns H, I 
and S. Retail--HC-C items 6.a through d (all amounts assumed risk-
weighted at 100 percent). Securitization--items 9 and 10. Banking 
book equity--FFIEC 101, Schedule B, item 23. SFTs--item 16. 
Derivatives--items 20 and 21. All other off-balance sheet items--
items 12 through 15, 17, and 18. All other balance sheet items--item 
28, minus the amounts for the other eight standardized risk-weighted 
asset exposure segments.
---------------------------------------------------------------------------

    Neither operational risk or CVA risk are part of current 
standardized risk-weighted assets, so a different approach to indexing 
is required. CVA risk-weighted assets measured under the advanced 
approaches is used as the index for CVA.\586\ Lastly, for operational 
risk, the agencies index the business indicator to an approximation 
developed from regulatory report data items. This approximation equals 
three-year average absolute modified revenue, where modified revenue 
has two parts. The first part is the minimum of net interest income and 
2.25 percent of interest earning assets.\587\ The second part is 
modified net noninterest income, defined as noninterest income plus 
realized gains or losses on securities, minus 70 percent of investment 
management noninterest income and other noninterest expenses.\588\ 
Operational risk weighted-assets are extracted by applying the 
operational risk formula to the estimated Q2 2025 business indicator, 
which in turn equals the business indicator measured from the special 
collection data, indexed by growth in this approximate indicator.
---------------------------------------------------------------------------

    \586\ Specifically, items 31.a and b of FFIEC 101 Schedule B.
    \587\ Net interest income is FR Y-9C Schedule HI item 5.m and 
interest earning assets are approximated as the sum of Schedule HC 
items 1.b, 3, 4.a, and 4.b, Schedule HC-B item 8 (cols A and D), and 
Schedule HC-D item 12. Corresponding items from FFIEC Call reports 
are used for the depository institution subsidiaries.
    \588\ Specific FR Y-9C data used are in Schedule HI--item 5.m 
(noninterest income), item 6 (gains on securities sales), item 7.d 
(other noninterest expense). Investment management noninterest 
income is taken as item TPPNRS68 from the FR Y-14A.
---------------------------------------------------------------------------

3. Attribution of Risk-Weighted Assets to Banking Activities
    This section provides the methodology used to attribute all risk-
weighted assets under the standardized and proposed expanded risk-based 
approach, to the banking activities that most likely generated them. 
The sample includes the bank holding companies that participated in the 
special data collection, including all that would be subject to this 
proposal. The attribution of banking activity applied in this section 
is chosen to distinguish the several functions that large banking 
organizations serve in the U.S. economy. Banks may decide to expand or 
contract the business units that perform each of these functions based 
on the required capital, among other factors. These categories of 
banking activity are chosen to be broad enough to allow for a mapping 
of risk exposures between the FR Y-9C, which collects standardized 
risk-weighted assets, and the special data collection.
    Section VII.D.3.a applies this exercise to expanded total risk-
weighted assets, as reported in the special data collection and 
modified to reflect the proposal. Section VII.D.3.b describes how the 
agencies estimate the attribution of risk-weighted assets under the 
standardized approach to these same banking activities. The total risk-
weighted assets attributed align with amounts reported within the 
sections VII.C and VIII.
a. Attribution of Expanded Total Risk-Weighted Assets
    When estimating risk-weighted assets by banking activity, the 
agencies attribute all risk-weighted assets reported in the special 
data collection under the expanded risk-based approach as well as all 
adjustments (described above in section VII.D.1.c) to these figures 
that were made to reflect the current proposal.
    Most risk-weighted asset items in the special data collection are 
attributed entirely to a specific banking activity. These comparatively 
simple attributions are described below.
    Traditional lending includes all credit risk-weighted assets 
associated with exposures to GSEs, residential and commercial real 
estate, and retail exposures, as well as all securitizations.\589\ 
Risk-weighted assets for equity exposures not subject to the market 
risk framework are also attributed to traditional lending as, like 
loans, these are typically illiquid long-term funding 
arrangements.\590\ Within these traditional lending exposures, 
securitization risk-weighted assets are split evenly across the 
residential real estate, retail, and corporate lending categories due 
to data limitations. In aggregate, securitizations account for less 
than 3 percent of risk-weighted assets under the proposal. Exposures to 
GSEs and residential real estate, including statutory multifamily and 
``other real estate exposures,'' are attributed to residential real 
estate lending, and all other exposures except for ``retail'' are 
attributed to corporate lending.
---------------------------------------------------------------------------

    \589\ These exposures correspond to items 3, 6 and 7 of 
``general credit risk exposures'' plus item 1.c of ``overview'' of 
the special data collection template.
    \590\ These exposures correspond to item 2 of part 1 of the 
``overview'' sheet of the special data collection template, modified 
to reflect the current treatment of banking book equity exposures.
---------------------------------------------------------------------------

    Credit facilitation includes credit risk-weighted exposures to 
sovereigns, supranational entities, public-sector enterprises, and 
banks.\591\ This banking activity also includes credit risk-weighted 
assets associated with letters of credit, guarantees, contingent items, 
and forward agreements.\592\
---------------------------------------------------------------------------

    \591\ Within the special data collection template, these 
correspond to items 1, 2, 4 and 5 of ``general credit risk 
exposures.''
    \592\ Within the special data collection template, these 
correspond to items 14 through 17, 19, 22 and 23 of ``general credit 
risk exposures.''
---------------------------------------------------------------------------

    Trading-related activities include all market risk-weighted assets, 
as well as credit risk-weighted assets associated with derivatives, 
repo-style transactions, and exposures to unsettled transactions.\593\ 
In addition, CVA risk

[[Page 15113]]

and default fund contributions accompany the derivative exposures.\594\
---------------------------------------------------------------------------

    \593\ Within the special data collection template, market risk-
weighted assets correspond to item 4 in part 1 of ``overview'' and 
the credit risk items correspond to item 1.b of overview and items 
18, 20, 21, 24, 25 and 27 of ``general credit risk exposures.''
    \594\ In the special data collection, default fund contributions 
are item 26 of ``general credit risk exposures'' and CVA risk-
weighted assets are item 5 on part 1 of the ``overview'' sheet.
---------------------------------------------------------------------------

    Fixed or other assets include credit risk-weighted assets 
associated with insurance and other exposures, except for mortgage 
servicing assets which are included in residential real estate 
lending.\595\ This segment also incorporates exposures that were 
deducted from common equity tier 1 capital under the 2023 proposal, and 
therefore not present in risk-weighted assets, but risk-weighted at 250 
percent under this proposal.\596\
---------------------------------------------------------------------------

    \595\ Within the special data collection template, these 
correspond to items 9 and 10 of ``general credit risk exposures.''
    \596\ These exposures are mostly deferred tax assets, and thus 
would be reported as other assets on the balance sheet if not 
deducted.
---------------------------------------------------------------------------

    The remaining risk-weighted assets under the proposal are split 
across several banking activities. These include credit risk associated 
with commitments and corporate exposures, as well as operational risk 
and deductions from risk-weighted assets for excess allowances or 
allocated transfer risk reserves.
    Credit risk-weighted assets associated with corporate exposures are 
attributed to either traditional lending or credit facilitation based 
on whether the borrower is a financial firm.\597\ This is determined 
from the proportion of such exposures to non-financial firms based on 
the FR Y-14Q Schedule H.1 data.\598\ The adjustment to risk-weighted 
assets that is made to account for the broader applicability of the 65 
percent investment grade corporate risk weight under the proposal, as 
compared to the 2023 proposal, is similarly split across traditional 
lending and credit facilitation based on the proportion of non-public 
investment grade corporate exposures that are indicated as exposures to 
highly regulated industries in the special data collection.
---------------------------------------------------------------------------

    \597\ The small amount of corporate exposures not reported under 
either a 65 percent or 100 percent risk weight in the special data 
collection (item 8) are attributed to lending and credit 
facilitation. The small amount of corporate risk-weighted assets not 
reported under a specific risk weight are attributed to banking 
activities pro rata with all other corporate exposures across the 
entire sample.
    \598\ Specifically, starting from all drawn exposure in the H.1 
(commercial and industrial loan data) that are reported in items 
1.e.1, 3, 4, 9.a, 9.b.2 and 10.b of the FR Y-9C and have known NAICS 
codes, the fraction to borrowers in NAICS starting 52 or 53 is 
attributed to credit facilitation with the remainder to corporate 
lending. The average share across other banking organizations is 
used where NAICS are not reported for the banking organization.
---------------------------------------------------------------------------

    Commitments could represent exposures to counterparties that are 
corporate, retail, banks, or sovereigns.\599\ The likely type of 
counterparty is indicated by the risk weight assigned to the commitment 
exposure. Therefore, within each risk weight, commitments are allocated 
to banking activities based on the activity's share of balance sheet 
exposure assigned that risk weight.\600\
---------------------------------------------------------------------------

    \599\ Commitments represent items 12 and 13 in the ``general 
credit risk exposures'' sheet of the special data collection 
template.
    \600\ Balance sheet exposures are those reported in Part 1 of 
``general credit risk exposures'' in the special data collection.
---------------------------------------------------------------------------

    Under the proposal, the operational risk-weighted assets of each 
banking organization are attributed to banking activities based on 
their contribution to the banking organization's business indicator. 
The business indicator is comprised of an interest, lease, and dividend 
component and a noninterest component. Operational risk-weighted assets 
are attributed to these two components in proportion to their share of 
the business indicator. The operational risk-weighted assets attributed 
to each of these components are further attributed to the banking 
activities as discussed below.
    The interest, lease, and dividend component is proportional to the 
banking organization's net interest income until it hits a cap equal to 
2.25 percent of average interest-earning assets. Thus, each banking 
activity's share of the net interest component equals either the 
activity's share of net interest income if the banking organization is 
below the cap or the activity's share of interest-earning assets if the 
banking organization is above the cap. As many banking organizations 
are currently near the cap, the agencies first estimate for each 
banking organization the probability that it will be subject to the cap 
in the long run. This estimate is equal to the fraction of the previous 
ten years (2015 through 2025) in which the banking organization had a 
net interest margin exceeding 2.25 percent.\601\ Then, a weight equal 
to the probability of having net interest margin above the cap is 
applied to the segment's share of interest-earning assets, while a 
weight equal to the probability of having net interest margin below the 
cap is applied to the segment's share of net interest income. To 
calculate each segment's share of net interest income and interest-
earning assets, the agencies rely on data from the FR Y-14Q Schedule G 
and special data collection.\602\
---------------------------------------------------------------------------

    \601\ The average probability of having a net interest margin 
over 2.25 percent equals about 61 percent for the four GSIB 
universal bank holding companies and is zero for the other five 
Category I and II bank holding companies.
    \602\ Net interest income in the FR Y-14Q Schedule G is 
attributed to segments as follows: traditional lending--retail and 
small business banking (except deposits) and commercial 
lending.(items 1 and 2, except 1E); trading--sales and trading and 
investment services (items 5 and 7); credit facilitation--investment 
banking (item 3); other banking services--merchant banking, 
investment management, insurance services, and other immaterial 
segments (items 4, 6, and 9 through 11). Net interest income 
associated with deposits and corporate treasury is excluded from the 
calculation. Interest-bearing assets are estimated as those reported 
in special data collection items 1 through 8, which are attributed 
to business activities as discussed earlier in this section.
---------------------------------------------------------------------------

    While the noninterest income component includes historical 
operational losses, these are excluded from the attribution of the 
component across business segments.\603\ Furthermore, due to data 
limitations and the difficulty of allocating noninterest expenses, the 
agencies use each segment's share of noninterest income as a proxy for 
its share of net noninterest income. Noninterest income is taken from 
the FR Y-14Q Schedule G. Traditional lending is associated with 
noninterest income from retail and small business banking and corporate 
lending (items 14 and 15). Credit facilitation accounts for noninterest 
income associated with syndicated lending (item 16D). Trading-related 
activities are associated with noninterest income from equity and debt 
capital markets activities as well as sales and trading and investment 
services (items 16B, 16C, 18 and 20). The other banking services 
segment's noninterest income includes investment banking advisory, 
merchant banking, investment management, investment services, insurance 
services, and other small income sources (items 16A, 17, 19, and 21 
through 25).
---------------------------------------------------------------------------

    \603\ This approach is equivalent to an assumption that 
operational losses are distributed across business segments in the 
same proportion as net noninterest income.
---------------------------------------------------------------------------

    Each banking activity's share of both the interest, lease, and 
dividend component and noninterest income component is floored at zero, 
and scaled so that the sum of shares across banking activities for each 
component is equal to one. To calculate the operational risk-weighted 
assets for each banking activity, these component shares are multiplied 
by the operational risk-weighted assets associated with that component, 
and the contributions of the two components are added together.
    As a final step, deductions from risk-weighted assets associated 
with excess allowances and allocated transfer risk reserve are 
attributed to business segments for each banking organization

[[Page 15114]]

in proportion to those segments' risk-weighted assets.\604\
---------------------------------------------------------------------------

    \604\ Allowance and transfer risk reserve deductions amount to 
only about 0.3 percent of risk-weighted assets in aggregate, so 
their attribution does not materially affect conclusions.
---------------------------------------------------------------------------

b. Attribution of Risk-Weighted Assets Under the Standardized Approach
    In this second part of the analysis, the agencies construct an 
estimate of standardized risk-weighted assets for the same banking 
activities. For credit risk exposures on the balance sheet, the 
agencies extrapolate from the special data collection. Adjustments to 
risk-weighted assets are applied to ensure that total standardized 
risk-weighted assets equal those in the FR Y-9C. For other exposures, 
the agencies take standardized risk-weighted asset amounts directly 
from the FR Y-9C.
    The FR Y-9C does not disaggregate balance sheet exposures 
sufficiently to allow for the direct calculation of risk-weighted 
assets by banking activity. Therefore, the agencies risk-weight the 
balance sheet exposure amounts from the special data collection using 
assumed standardized risk weights, discussed below. These assumed risk 
weights apply in place of the risk weights under the proposal wherever 
the risk weight in the special data collection does not exist under the 
standardized approach. In addition, the assumed standardized risk 
weights are applied in place of the 150 percent risk weight for all 
special data collection items where a 150 percent risk weight (1) might 
be applicable to non-defaulted exposures under the 2023 proposal and 
(2) would be applicable only to defaulted exposures under the 
standardized approach.\605\
---------------------------------------------------------------------------

    \605\ Specifically, the assumed risk weight is applied to 
exposures to the U.S. government, supranational entities, GSEs, U.S. 
public sector entities, U.S. depository institutions, ADC (not high-
volatility commercial real estate) and other real estate loans, and 
corporate exposures.
---------------------------------------------------------------------------

    For assumed risk weights, the agencies use the most commonly 
applicable standardized risk weight for the special data collection 
item. This assumed risk weight is zero percent for sovereign and 
supranational exposures (items 1 and 2); 20 percent for GSEs, public 
sector entities, U.S. depository institutions, and self-liquidating 
trade-related items (items 3, 4.a, 4.c, and 5); 50 percent for 
statutory multifamily mortgages, pre-sold construction loans, and 
residential real estate (items 6.a., b, e, and f); 150 percent for 
high-volatility commercial real estate (item 6.c); and 100 percent for 
all other balance sheet exposures. In addition, the assumed risk weight 
for equity exposures not subject to the market risk framework is 100 
percent, as almost all such exposures fall under the non-significant 
equity exposure threshold in the standardized approach. Because the 
assumed risk weights are slightly different from the actual average 
risk weight, the resulting estimates of standardized risk-weighted 
assets using assumed risk weights are scaled so that the total balance 
sheet risk-weighted assets align with the comparable amounts in the FR 
Y-9C for each banking organization.\606\
---------------------------------------------------------------------------

    \606\ Specifically, the agencies match the sum of standardized 
risk-weighted assets associated with items 1 through 8.a in FR Y-9C 
HC-R Part 2. On average, the initial estimates of standardized risk-
weighted assets using assumed risk weights are scaled down by about 
2 percent.
---------------------------------------------------------------------------

    For the remaining off-balance sheet and counterparty credit risk 
exposures, as well as securitizations and market risk, standardized 
risk-weighted assets corresponding to items or small sets of items in 
the special data collection can be taken directly from the FR Y-9C 
Schedule HC-R Part 2. Traditional lending includes securitization 
exposures and retained recourse on small business obligations (items 9, 
10, and 15). Trading-related activities include all market risk-
weighted assets, as well as credit risk-weighted assets associated with 
repo-style transactions, derivatives, central counterparty default fund 
contributions, and exposures to unsettled transactions (items 8.b, 16, 
20 through 22, and 27). The credit facilitation segment includes 
letters of credit and other off-balance sheet liabilities (items 12 
through 14 and 17).
    Commitments (items 18 and 19) are present in multiple banking 
segments. Consistent with the attribution of commitment risk-weighted 
assets under the proposal discussed above, in each risk weight, 
commitment exposures are attributed to banking activities pro rata 
based on the activity's share of balance sheet exposures assigned to 
that risk weight.\607\ This distribution of balance sheet exposures 
across special data collection items is also used to estimate an 
average assumed standardized risk weight for the commitment. As a final 
step, the estimated risk-weighted assets for commitments summed across 
banking segments are scaled to match the risk-weighted asset amount 
reported in the FR Y-9C. This scaling addresses not only potential 
errors in the assumed standardized risk weights, but also the change in 
credit conversion factors under the proposal.\608\
---------------------------------------------------------------------------

    \607\ Risk-weighted assets associated with unconditionally 
cancelable commitments are zero under the standardized approach.
    \608\ The calculation implicitly assumes that the percentage 
change in commitments' average credit conversion factors is the same 
across business segments within each banking organization.
---------------------------------------------------------------------------

    At this stage, by construction, the standardized risk-weighted 
asset amounts match with those reported in the FR Y-9C prior to 
application of any deduction for excess allowances or allocated 
transfer risk reserve. As was done throughout other estimates in 
section VII, the agencies allocate these risk-weighted asset deductions 
across banking segments in proportion to their pre-deduction total 
risk-weighted assets.
4. Estimation of Capital Requirements
    The capital requirements computed in this proposal include both 
common equity tier 1 and tier 1 risk-based requirements under the 
standardized and advanced approaches as well as tier 1 leverage and 
supplemental leverage ratio requirements. Dollar amounts of 
requirements are calculated by multiplying the applicable requirement 
ratio by the relevant risk-weighted asset or exposure measure. In 
addition, in order to capture changes to the definition of capital, the 
requirements calculated in this proposal include the estimated amount 
of changes in capital deductions, plus the current amount of threshold 
deductions for deferred tax assets, mortgage servicing assets, or 
investments.\609\ Previous sections discuss the how risk-weighted 
assets are computed under the proposal, and the analysis assumes no 
changes to leverage exposure measures under all proposals under 
consideration. Therefore, the remainder of this section discusses how 
the buffer requirements are calculated.\610\
---------------------------------------------------------------------------

    \609\ As of Q2 2025, only one of the bank holding companies that 
would be subject to this proposal had any threshold capital 
deductions, and none had deductions for mortgage servicing assets. 
Therefore, this adjustment has limited impact.
    \610\ The calculation of method 1 GSIB surcharge, using the 
approach described below, is applicable to estimating the enhanced 
supplementary leverage ratio requirement under the recently 
finalized rule.
---------------------------------------------------------------------------

    The risk-based capital ratio requirements used within the estimates 
throughout this proposal include all applicable minimum capital ratio 
and buffer requirements, including the stress capital buffer 
requirement and GSIB surcharge. The estimated stress capital buffer 
requirement and GSIB surcharge are adjusted to reflect the mechanical 
effect of risk-weighted asset changes under this proposal. In addition, 
the GSIB surcharges and stress capital buffer estimates, as described 
below, are linearized to avoid discontinuities in requirements that 
could result in the short-run from small changes in risk-weighted 
assets or GSIB scores when using bucketed GSIB surcharges or rounded 
stress capital buffer requirements.

[[Page 15115]]

    Under the capital plan rules, the stress capital buffer requirement 
is generally calculated as (1) the difference between a banking 
organization's starting and minimum projected common equity tier 1 
capital under the severely adverse scenario in the Board's supervisory 
stress test plus (2) the sum of the dollar amount of the banking 
organization's planned common stock dividend for each of the fourth 
through seventh quarters of the capital planning horizon as a 
percentage of risk-weighted assets.\611\ Therefore, stress capital 
buffer requirements, expressed as a ratio, would differ under the 
proposal due to the proposal's impact on risk-weighted assets. To 
adjust the stress capital buffer requirement to reflect the proposal, 
the Board assumed that the estimated percentage difference in risk-
weighted assets between the expanded risk-based approach and the 
standardized approach would have applied at the date at which the 
stress capital buffer requirement was calculated. Specifically, the 
estimates in this proposal adjust the actual stress capital buffer 
requirements by (i) removing the 2.5 percent floor and rounding, (ii) 
multiplying by the ratio of risk-weighted assets under the standardized 
approach relative to risk-weighted assets under the expanded risk-based 
approach in this proposal, and then (iii) reapplying the 2.5 percent 
floor on the requirement. For comparability, stress capital buffer 
requirements under current rules in this proposal also removes the 
effect of rounding.\612\ Therefore, for bank holding companies whose 
stress capital buffer requirements exceed 2.5 percent under both the 
standardized and expanded risk-based approach, the change in risk-
weighted assets under the proposal has no effect on the stress capital 
buffer requirement when expressed in dollar terms. However, for bank 
holding companies whose stress capital buffer requirement would equal 
the 2.5 percent floor under both the standardized approach and the 
proposed expanded-risk based approach, the dollar amount of the stress 
capital buffer requirement would change proportionally to any changes 
in risk-weighted assets.
---------------------------------------------------------------------------

    \611\ See 12 CFR 225.8(f)(2) and 12 CFR 238.170(f)(2).
    \612\ Under the current capital plan, stress capital buffer 
requirements are rounded to the nearest 0.1 percent.
---------------------------------------------------------------------------

    Under the current rule, risk-weighted assets are an input in method 
2 of the GSIB surcharge calculation.\613\ In particular, the short-term 
wholesale funding score's contribution to a GSIB's method 2 score is 
calculated by dividing the average of a banking organization's weighted 
short-term wholesale funding amount by its average risk-weighted assets 
and multiplying that amount by a fixed factor of 350.\614\ Hence, 
increases (or decreases) in a banking organization's risk-weighted 
assets would decrease (or increase) its method 2 score, thereby 
partially offsetting in GSIB surcharge requirements the proposal's 
effect on capital requirements. The standalone impact analysis in 
section VII.A adjusts the short-term wholesale funding score used in 
the GSIB surcharge calculation with the proposal's estimated impact on 
risk-weighted assets and recalculates GSIBs' method 2 scores and 
capital surcharges using the adjusted short-term wholesale funding 
indicator.\615\ The GSIB score for each year is then taken as the 
minimum of the method 1 and 2 score, which is then converted into a 
surcharge using the following linearization which approximates the 
surcharge step function: surcharge = 0.01 + 0.00005 x max[ 0, score-180 
]. The same linearization is applied to scores calculated under the 
GSIB surcharge proposal, noting that scores under the GSIB surcharge 
proposal are independent of risk-weighted assets. In this proposal, 
analyses use the linearized version of the surcharge applicable in 
2026, which reflects the minimum of the surcharge based on year-end 
2023 and year-end 2024 score data.
---------------------------------------------------------------------------

    \613\ See 12 CFR part 217, subpart H.
    \614\ See 12 CFR 217.406 (calculation of the short-term 
wholesale funding score).
    \615\ The cumulative impact analysis in section VII.B and VII.C 
does not require this adjustment as under the GSIB proposal, the 
method 2 score would be unaffected by changes in risk-weighted 
assets.
---------------------------------------------------------------------------

5. Attribution of Stress Capital Buffer Requirement to Risk Categories
    Analysis of the cumulative impact of the several changes to large 
banking organizations' capital requirements at the risk or business 
activity level, as described in sections VII.B and VII.C, necessitates 
a mapping from the components of stress capital buffer requirements to 
the risks that they reflect. This section describes the method used to 
attribute stress capital buffer requirements to the four risk types 
(credit, market, operational, and CVA) measured under this proposal.
    The stress capital buffer requirement represents the maximum 
decline in each bank holding company's common equity tier 1 capital 
ratio, plus four quarters of planned common stock dividends, also 
expressed as a percentage of risk-weighted assets.\616\ Thus, the 
quarter in the stress scenario with the minimum capital ratio is first 
identified, and the drivers of the cumulative change in capital through 
that quarter are attributed to risks. In estimates reflecting changes 
to the stress test, the impact (on minimum capital ratio) of several 
proposed changes is also attributed to risks. Lastly, the common stock 
dividends are attributed. Details of the attribution are covered below. 
Note that the analysis attributing capital requirements to banking 
activities, as described in section VII.C, does not require an explicit 
attribution of stress capital buffer requirements to banking 
activities. Instead, as discussed in section VII.C, this attribution is 
extrapolated from the combination of the attribution of risk-weighted 
assets by risk type to banking activities (discussed above in section 
VII.D.3) and the attribution of stress capital buffer requirements to 
risk types discussed here.
---------------------------------------------------------------------------

    \616\ Before application of the 2.5 percent floor on the 
requirement.
---------------------------------------------------------------------------

    First, the drivers of the stress capital decline that can be 
entirely attributed to a specific risk type are attributed. All credit 
loss provisions are attributed to credit risk,\617\ along with losses 
on loans held at fair value and private equity, gains or losses on 
asset-liability hedges, changes in capital due to ``accumulated other 
comprehensive income'' (AOCI), and expenses associated with other real 
estate owned. Losses from the largest counterparty default in the 
stress test are also attributed to credit risk. Reducing the credit-
attributed losses, interest income on all assets except trading assets 
are attributed to credit risk. When changes to the stress test are 
considered, those changes associated with credit losses (including 
counterparty credit), assets under fair value option, securities 
losses, and net interest margin models are attributed to credit risk. 
Losses (or gains) attributed to market risk include those on public 
equity securities, and both mark-to-market and intraday trading. 
Trading revenue and interest income on trading assets are also 
attributed to market risk. When considered, the impact of changes 
associated with the global market shock component of the severely 
adverse scenario are attributed to market risk. Counterparty losses 
associated with credit valuation adjustments, net of hedges, are 
attributed to CVA. Lastly, modeled operational losses are attributed to 
operational risk. These

[[Page 15116]]

losses change under proposed changes to the stress test.
---------------------------------------------------------------------------

    \617\ The adjustment credit for allowances held at the start of 
the stress test is also attributed to credit risk.
---------------------------------------------------------------------------

    Second, all interest expenses, net of income from account fees and 
services charges are attributed across credit and market risk in 
proportion to the trading book share of total assets. The implicit 
assumption here is that the funding composition of a dollar of trading 
and non-trading assets is the same.
    Third, estimated changes in capital with drivers that are not 
neatly associated with the specific types of measured are attributed 
across credit, market, and CVA risk categories in proportion to their 
share of risk-weighted assets. These drivers consist primarily of 
noninterest income associated with fiduciary and investment banking 
services, but also include other noninterest income, servicing fees, 
changes in goodwill, and income due to minority interests. Under the 
proposed stress test changes, changes in losses associated with the 
proposed use of a discount path approach are also attributed in 
proportion to risk-weighted asset shares.
    Fourth, the major operating expense categories that cut across 
banking activities are attributed across the risks in proportion to 
each risk's share of an estimate of the ``business as usual'' income 
associated with the risk. The operating expenses attributed in this 
step include those associated with employee compensation, fixed assets 
and all other non-interest expenses other than operational losses and 
expenses associated with other real estate owned. When considering 
requirements incorporating proposed stress test changes, the operating 
expenses attributed here reflects the proposed use of efficiency ratio-
based expense projections. The estimate of ``business as usual'' income 
associated with each risk type equals that risk type's share of net 
interest income plus non-interest income, where these items are 
attributed to risks as described above.
    Fifth, accounting and regulatory capital-related adjustments that 
are driven by losses in general are applied across risks in proportion 
to their stress losses as attributed thus far. These adjustments 
include those associated with deferred tax assets, taxes and associated 
valuation allowance adjustment, and any (generally de minimus) changes 
in common equity tier 1 threshold deduction amounts.
    Lastly, as the stress capital buffer requirement associated with 
common and preferred stock dividends is independent of the risks the 
bank holding company undertakes or the gains and losses realized in the 
stress test, it functions similarly to a requirement that is a fixed 
percentage of risk-weighted assets. Therefore, the dividend portion of 
the stress capital buffer requirement is attributed to risks in 
proportion to their share of risk-weighted assets under whichever 
framework (standardized or expanded risk-based) is being applied in the 
given estimate.
    At this point in the process, the impact of the 2.5 percent floor 
on the stress capital buffer requirement is considered. Since the 
introduction of the stress capital buffer in 2020, three of the nine 
bank holding companies subject to this proposal have consistently had 
pre-floor stress capital buffer requirements below 2.5 percent. For 
these bank holding companies, the stress capital buffer requirement is 
independent of the specific drivers of the stress test loss, and is 
effectively proportional to risk-weighted assets. Therefore, the stress 
capital buffer requirement for these three bank holding companies is 
attributed proportionally to risk-weighted assets. For the other bank 
holding companies, the stress capital buffer requirements is routinely 
in excess of 2.5 percent, so the requirement is attributed as described 
above. However, in those instances where the pre-floor requirement for 
these bank holding companies is below 2.5 percent, the additional 
requirement associated with the 2.5 percent floor is attributed across 
risk types in proportion to their associated risk-weighted assets.

VII. Economic Analysis

    This section evaluates the projected economic effect of the 
proposal by analyzing its key costs and benefits. When applicable, the 
analysis considers the effects of the GSIB surcharge proposal, the 
standardized approach proposal, and the proposed changes to the 
supervisory stress testing models and scenarios.
    Section VIII.A presents an overview of the baseline of the economic 
analysis by examining the current state of banking organizations and 
the economy absent the combined proposals. It provides context for 
subsequent analyses on changes in risk-weighted assets, capital 
requirements, revenue sources, assets, and the relative importance of 
bank and nonbank financial intermediation.
    Section VIII.B compares the anticipated risk-weighted asset effects 
of the proposal with three reasonable alternative implementations of 
the Basel standards. Changes in risk-weighted assets under the proposal 
would be within the range of impact of the alternatives while providing 
a substantial degree of risk-sensitivity.
    Section VIII.C discusses the macroeconomic effects of changes in 
capital requirements. Based on the agencies' analysis, the decrease in 
capital requirements stemming from the proposal combined with the GSIB 
surcharge proposal and the standardized approach proposal would 
maintain levels of banking organization capital that are reasonable to 
achieve a safe and sound banking system based on the academic 
literature. Using a variety of methods, this literature provides a wide 
range of optimal capital requirements that balance the benefits of 
safety and soundness against the costs of reduced banking organization 
lending from higher requirements. This section also acknowledges 
certain limitations in applying this literature to analyze the proposed 
regulatory changes.\618\
---------------------------------------------------------------------------

    \618\ The literature on optimal capital levels has limitations 
in its applicability to the proposed changes, as it typically 
assumes fixed risk weights and focuses primarily on loan portfolios 
rather than trading activities. This is particularly relevant given 
the important role of capital markets in the U.S. economy.
---------------------------------------------------------------------------

    The proposal aims to enhance the measurement of credit, 
operational, and market risk to more accurately capture the underlying 
risks of covered banking organizations' activities. Improved risk 
measurement helps avoid unintended inefficiencies and potential 
misallocation of resources from capital regulation. Given the effects 
of regulatory capital requirements on the real economy, the proposal 
may improve economic efficiency. Moreover, reducing complexity in the 
regulatory framework enhances transparency of capital requirements and 
supports market discipline, with potential safety and soundness 
benefits.
    Section VIII.D presents information on the potential effects of the 
proposal on banking organization lending, such as credit card, 
residential mortgage, and business lending.\619\ Lending is a key 
business for banking organizations and an essential method for 
intermediating between savers and borrowers. The section analyzes a 
range of lending products that facilitate consumption and investment 
throughout the economy. The proposal's changes to risk sensitivity, 
operational risk, and treatment of off-balance sheet exposures would be 
the primary drivers of changes in capital requirements, potentially 
encouraging banking organizations to

[[Page 15117]]

shift lending toward activities with projected reductions in risk 
weights.
---------------------------------------------------------------------------

    \619\ While this analysis primarily relies on data for the 
largest banks, the findings are also likely applicable to any 
smaller banks that choose to adopt the expanded risk-based approach, 
as the expected changes in risk weighted assets for lending 
portfolios would be similar.
---------------------------------------------------------------------------

    Residential mortgage lending would incorporate LTV-based risk 
weights to enhance risk sensitivity. At the same time, lower risk 
weights would likely lead to a modest increase in mortgage lending by 
the banking organizations. Risk-weighted assets for corporate lending 
is projected to decrease due to more favorable treatment of investment-
grade borrowers and lower standardized credit conversion factors for 
conditional equity and credit commitments with more than one year to 
maturity, which together outweigh new operational risk requirements and 
higher credit conversion factors for off-balance sheet exposures with 
less than one year to maturity. Credit card portfolios would experience 
mixed effects by borrower repayment behavior and utilization rates. 
Depending on whether the new risk-weight on unutilized balances and the 
operational risk add-ons outweigh lower risk-weights on utilized 
balances, risk-weighted assets on credit card exposures under the 
proposal could be higher or lower than the current standardized 
approach.
    Section VIII.E assesses the projected effects of the proposal on 
trading activities of banking organizations and the potential impact on 
their customers and on markets. The agencies expect the proposal would 
help preserve the availability of intermediation and market functioning 
during economic downturns by determining capital requirements based on 
losses from historical stress periods, which exhibits less cyclicality 
than the current approach. Also, trading products that are less liquid 
or more difficult to model would require more market risk capital. This 
may increase the cost of intermediation of some products but would also 
better align capital requirements with risk.
    Trading activity involves market risk, counterparty credit risk, 
CVA risk, and operational risk. This proposal makes major revisions to 
the market risk framework which would affect incentives for banking 
organizations' hedging strategies and risk modelling methods. In 
addition, risk-weighted assets related to trading activity would 
increase from the inclusion of CVA and operational risk-weighted 
assets, which are not part of the current standardized approach that 
generally determines capital requirements today. The majority of 
capital requirements for trading activity today comes from counterparty 
credit risk-weighted assets, and this would remain true under the 
proposal.
    Taken together with the proposed changes to the GSIB surcharge and 
supervisory stress test models, and the recent revision of the eSLR, 
the cumulative effect on capital requirements related to trading 
activity is expected to be about a 9 percent increase for Category I 
and II banking organizations. Increases in risk-weighted assets from 
changes in the market risk framework and inclusion of CVA and 
operational risk are expected to be materially offset by the proposed 
changes to the global market shock in supervisory stress tests. Non-
Category I and II banking organizations will see generally a small 
impact to their trading activity given the relatively smaller change in 
their market risk and CVA.
    Section VIII.F considers the potential effects of the proposal on 
competition between financial institutions. The proposed changes to 
capital requirements for large U.S. banking organizations are expected 
to have implications for competition both domestically and 
internationally. By aligning U.S. capital requirements more closely 
with international standards, the proposal may enhance Category I and 
II banking organizations' ability to compete globally without 
compromising their comparatively strong capital positions. The revised 
risk weights, and increased certainty in capital requirements from 
moving to a single set of risk-based requirements, are anticipated to 
support more consistent lending and market-making activities throughout 
economic cycles.
    The proposal incorporates measures that maintain competitive 
balance while acknowledging the business model differences between 
large and small institutions. Notably, the proposal would allow banking 
organizations of any size to adopt the new risk-weight framework. This 
proposal preserves higher overall capital requirements for Category I 
and II banking organizations which, along with the parallel proposal to 
revise the U.S. standardized approach, would mitigate concerns about an 
unlevel playing field. Moreover, reducing complexity in the regulatory 
framework enhances transparency of capital requirements and supports 
market discipline, with potential safety and soundness benefits.
    The proposal would likely, in aggregate, encourage the migration of 
certain activities, particularly traditional lending, back towards 
banking organizations while effects on trading activities would be more 
mixed. Lower risk weights for most mortgages and the removal of the 
mortgage servicing assets threshold capital deduction could encourage 
covered banking organizations to maintain or expand these activities 
relative to nonbank financial intermediaries, directly and via 
correspondent lending relationships with independent mortgage banks and 
smaller depository institutions. More broadly, enhanced competition in 
key lending markets could reduce the premiums that lenders can charge 
above their costs, providing greater economic benefits to consumers. 
For Category I and II banking organizations, heterogenous effects on 
different products within the proposed market risk framework could 
incentivize liquidity provision for those products to either shift 
toward or away from nonbank financial intermediaries, with increases in 
risk weights being offset by both reductions in the GSIB surcharge 
proposal and the proposed revision to stress test scenarios.

A. Overview of the Baseline

    This section discusses the current state of Category I and II 
banking organizations and the economy absent the proposal (the 
baseline) to help understand the potential effects of the proposal. To 
help contextualize the broader macroeconomic effects of the proposal, a 
discussion of the total banking system is also included.
    Sections VIII.A.1 and VIII.A.2 provide context for the changes in 
capital requirements under the proposal by exploring the cross-section 
and time series of bank capital. Sections VIII.A.3 and VIII.A.4 help to 
contextualize results presented in sections VIII.D and VIII.E that 
discuss the potential effects on lending, trading, and other business 
activities by breaking down the principal revenue sources and assets of 
covered banking organizations. Finally, sections VIII.A.5 and VIII.A.6 
document the relative dependency of the economy on bank and nonbank 
sources of financial intermediation. These sections support later 
analyses in section VIII.D regarding the potential macroeconomic and 
financial intermediation effects of the proposal on the U.S. economy.
1. Capital Ratios of Category I and II Banking Organizations--Cross 
Section
    Banking organizations generally maintain capital ratios above 
regulatory capital requirements, including any applicable buffer 
requirements. The excess above such requirements--often called 
``management buffers''--varies across banking organizations and would 
likely continue to vary under the proposal as such buffers reflect 
firm-specific considerations. Table VIII.1 shows the average required 
and actual common equity tier 1 capital levels for Category I and II 
banking organizations.

[[Page 15118]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.108

    Note: This table shows aggregate required and actual common equity 
tier 1 capital levels as of June 30, 2025, for the top-tier holding 
companies of Category I and II banking organizations. For this purpose, 
capital requirements include applicable buffer requirements, including, 
as applicable, the GSIB surcharge requirement and, under the 
standardized approach only, the stress capital buffer requirement. 
Required capital ratios were calculated using the methodology described 
in section VII.D. Source: FR Y-9C and FFIEC 101.\620\
---------------------------------------------------------------------------

    \620\ Statistics are calculated from the FR Y-9C and FFIEC 101, 
as of June 30, 2025 (collectively, ``June 2025 Form Statistics'').
---------------------------------------------------------------------------

Capital Ratios of Banking Organizations--Time Series
    Observing banking organizations' capital ratios over time helps 
provide another perspective on the capital in the U.S. banking 
system.\621\ In this case, the agencies consider the entire banking 
system to provide context for considering the potential effects of the 
proposal from a broader macroeconomic perspective. Figure VIII.1 shows 
that the aggregate common equity tier 1 capital ratios of the U.S. 
banking system have increased slowly from around 12 percent in the 
middle of the last decade to a bit above 13 percent now. Currently, the 
U.S. banking system, not counting credit unions, maintains over $2.2 
trillion in common equity tier 1 capital to help support approximately 
$31 trillion in assets ($17 trillion in risk-weighted assets). The 
proposal is expected to generally maintain the overall stability of 
capital in the U.S. banking system.
---------------------------------------------------------------------------

    \621\ The analysis presented in section VIII.A.2 was conducted 
using data from all top-level depository institution holding 
companies that file the FR Y-9C, except for community banking 
organizations that have opted into the community bank leverage ratio 
framework and therefore do not report risk-based capital ratios. 
Credit unions are not included in the analysis.
---------------------------------------------------------------------------

Figure VIII.1: Aggregate U.S. Banking System Common Equity Tier 1 
Capital Ratio (Percent)

[[Page 15119]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.109

3. Portfolio Characteristics of Category I and II Banking 
Organizations--By Revenue
---------------------------------------------------------------------------

    \622\ Data from Quarterly Trends for Consolidated U.S. Banking 
Organizations https://www.newyorkfed.org/research/banking_research/quarterly_trends.html (Downloaded on 1/15/26).
---------------------------------------------------------------------------

    Capital requirements affect banking organizations' choice of 
business model and hence the composition of their revenue. Interest 
income, primarily accrued from loans and fixed-income securities, is a 
key source of banking organization revenue. Across Category I and II 
banking organizations, interest income constitutes nearly 69 percent of 
total gross income.\623\ The remaining approximately 31 percent of 
total gross income is earned from noninterest sources, such as fees and 
commissions. These and other figures included in this section are based 
on Y-9C data.
---------------------------------------------------------------------------

    \623\ Estimates are based on data from the FR Y-9C filings of 
banking organizations subject to Category I or II capital standards 
as of June 30, 2025. Interest Income share is calculated as Total 
Interest Income (BHCK4107) divided by the sum of Total Interest 
Income and Total Noninterest Income (BHCK4079).
---------------------------------------------------------------------------

    A significant share of interest income (39 percent) comes from 
domestic loan portfolios, which generally include residential 
mortgages; commercial mortgages; other loans to businesses; and 
consumer loans such as credit cards, student loans, and auto loans. 
Another 27 percent comes from interest on securities held for 
investment and trading assets. The remainder of interest income comes 
from foreign loans (6 percent) and other interest earning activities 
(29 percent) including federal funds sold, interest on balances due 
from other depository institutions, and lease financing receivables.
    Roughly 36 percent of noninterest income is earned from trading 
activities. Securities-related activities account for nearly 35 percent 
of gross noninterest income. This category includes fees and 
commissions from activities such as securities brokerage, investment 
banking, and advisory activities.
    While these are the broad patterns of aggregate income, there is 
substantial variation across Category I and II banking organizations. 
The largest universal banking organizations offer a wide array of 
services, whereas other banking organizations are more specialized.
    Therefore, while aggregate statistics provide an overview of 
covered banking organizations subject to the proposal, each banking 
organization differs in its revenue streams. Hence, the potential 
effects of the proposal are likely to vary depending on each banking 
organization's business model, although the overall effect is likely to 
reinforce the role of banks in traditional banking activities. 
Moreover, the proposed rule could also create feedback effects that 
alter these metrics as banking organizations adjust their business 
activities to optimize their risk-weighted assets.
4. Portfolio Characteristics of Category I and II Banking 
Organizations--By Broad Asset Class
    This section presents the composition of the aggregate assets of 
Category I and II banking organizations. The largest asset category on 
the balance sheet of these banking organizations is loans and leases 
(31 percent), which are the traditional lending business of banking 
organizations. Another major category is securities (19 percent), which 
includes both held-to-maturity and available-for-sale debt securities, 
as well as equity securities not held for trading.\624\ Debt

[[Page 15120]]

securities holdings include primarily government and corporate bonds, 
and mortgage-backed securities. The trading assets category (19 
percent), which includes securities that are in banking organizations' 
trading portfolios as well as derivatives and other financial 
instruments, is also a major asset category. Trading securities are 
generally substantial for banking organizations engaged heavily in 
investment banking activities, a group that includes six of the nine 
Category I and II bank holding companies.
---------------------------------------------------------------------------

    \624\ Estimates are based on data from schedule RC of the FR Y-
9C filings on June 30, 2025. Loans and leases consist of Loans and 
Leases Held for Sale (BHCK5369) and Loans and Leases Held for 
Investment (BHCKB528). Securities held for investment includes Held 
to Maturity (BHCKJJ34) and Available for Sale Securities (BHCK1773). 
Trading assets is BHCK3545.
---------------------------------------------------------------------------

    As with the presentation of the sources of aggregate income, these 
aggregate statistics mask heterogeneity across Category I and II 
banking organizations. The heterogeneity in their asset compositions 
exposes these banking organizations to different combinations of 
credit, market, and operational risk. Therefore, the effects of the 
proposal would vary based on individual banking organizations' business 
models.
    Balance sheet data provide an incomplete picture of risk because 
they do not account for off-balance sheet exposures, including 
contingent liabilities like loan commitments and letters of credit. 
Banking organizations subject to Category I or II capital standards 
have close to $6 trillion in total undrawn loan commitments, including 
consumer credit card lines, lines of credit extended to non-financial 
corporates as well as nonbank financial entities, commitments to fund 
commercial real estate and other construction loans, securities 
underwriting commitments, and other commitments.\625\ This total is 
about a third of the size of these banking organizations' on-balance 
sheet assets of $16.8 trillion. The proposal would apply different risk 
weights and credit conversion factors for certain off-balance sheet 
exposures, relative to the standardized approach.
---------------------------------------------------------------------------

    \625\ The undrawn loan commitments calculation includes the sum 
of items BHCKJ455, BHCKJ456, BHCK3816, BHCK6550, BHCK3817, BHCKJ457, 
BHCKJ458, and BHCKJ459 from schedule HC-L. To provide a sense of the 
relative importance of off-balance sheet exposures, the agencies use 
data from Schedule HC-L of FR Y-9C reports as of June 30, 2025.
---------------------------------------------------------------------------

5. Dependency of the U.S. Economy on the Banking System
    As shown in Figure VIII.2 below, U.S. businesses and households 
receive a larger share of financing from nonbank entities relative to 
other advanced economies due to the depth and breadth of U.S. financial 
markets. The difference in bank dependence is partially due to the 
United States having a more market-oriented financial system that 
provides more opportunities for various forms of equity financing as 
well as for nonbanks to participate in credit markets compared with the 
more bank-oriented financial systems of Europe and Japan. This 
difference may affect how the implementation of the Basel standards 
would impact the U.S. economy when compared to the impact on the 
economies of Europe and Japan. To better understand these differences, 
the agencies analyzed trends in total bank credit in the United States 
as a share of gross domestic product (GDP) and compared these trends 
with those of the United Kingdom, Japan, and the Euro Area using data 
from the Bank for International Settlements (BIS).\626\
---------------------------------------------------------------------------

    \626\ Bank of International Settlements (BIS), BIS Data Portal, 
Credit to the Non-Financial Sector (data flow ID: BIS,WS_TC,2.0), 
``Comparative View of Advanced Economies--Credit from Banks, 
Domestic to Private Non-Financial Sector at Market Value, Percentage 
of GDP, Adjusted for Breaks'' (series key: Q.5R.P.B.M.770.A) (data 
sets downloaded on September 29, 2025) (``BIS Data: Credit 
(2025)''), https://data.bis.org/topics/TOTAL_CREDIT/BIS,WS_TC,2.0/Q.5R.P.B.M.770.A?additional_ts=BIS%2CWS_TC%2C2.0%255EQ.DE%2BFR%2BUS%2BGB.P.B.M.770.A.
---------------------------------------------------------------------------

    In other advanced economies, particularly in Europe and Japan, 
banks are the primary source of credit for the non-financial sector. As 
shown in Figure VIII.2, the share of credit to the non-financial sector 
coming from banks is significantly higher in these jurisdictions than 
in the United States. Moreover, the share of banking sector credit in 
the United States has remained relatively constant over the past 
decade.\627\ Because a smaller share of private sector credit 
originates from the banking system in the United States, the proposal, 
which directly affects only covered banking organizations, is likely to 
have more modest macroeconomic effects than a similar regulation in a 
more bank-dependent economy.
---------------------------------------------------------------------------

    \627\ Over time, the share of bank credit in the United Kingdom 
and the European Union has declined some, converging partway towards 
the United States's level.
---------------------------------------------------------------------------

    However, looking at the potential direct effects alone may 
underestimate the impact of the proposal. Covered banking organizations 
facilitate significant provision of credit to households and nonbank 
financial institutions through their role in financial markets (these 
effects are described in section VIII.D.

Figure VIII.2: Credit From the Banking Sector to the Private Non-
Financial Sector as a Share of GDP

[[Page 15121]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.110

6. Nonbank Financial Intermediaries
---------------------------------------------------------------------------

    \628\ BIS Data: Credit (2025).
---------------------------------------------------------------------------

    U.S. nonbank financial entity (nonbank) assets are currently three 
times larger than bank assets (Figure VIII.3). This is the result of a 
longstanding trend; since 1985, nonbank assets have grown much faster 
than bank assets.

Figure VIII.3: Total Assets of Banks and Nonbanks

[[Page 15122]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.111

    The growth in total assets discussed above is often cited to gauge 
the shift in financial activity between traditional banks and nonbanks. 
However, this analysis omits other linkages, such as credit lines 
provided by banking organizations to nonbanks,\630\ and can also 
overestimate activity by nonbanks.\631\
---------------------------------------------------------------------------

    \629\ Statistics used in agency calculations are from the Board 
of Governors of the Federal Reserve System, Z.1 Financial Accounts 
of the United States (from Dec. 31, 1979, to June. 30, 2025), 
https://www.federalreserve.gov/releases/z1/. The bank data consists 
of the sum of series FL702000095.Q and FL734194005.Q. The nonbank 
data consists of series FL792000095.Q less the sum of series 
FL702000095.Q and FL734194005.Q.
    \630\ Viral V. Acharya, Nicola Cetorelli & Bruce Tuckman, 
``Where Do Banks End and NBFIs Begin?'' National Bureau of Economic 
Research, Working Paper No. 32216, (March 2024) (``Acharya et al. 
(2024)''), https://dx.doi.org/10.2139/ssrn.4760963.
    \631\ Joshua Gallin, ``Shadow Banking and the Funding of the 
Nonfinancial Sector,'' Measuring Wealth and Financial Intermediation 
and Their Links to the Real Economy, Chapter 4, 89-124 (February 
2015) (``Gallin (2015)''), https://doi.org/10.7208/chicago/9780226204437.003.0004.
---------------------------------------------------------------------------

    The amount of credit that banks and nonbanks provide to the non-
financial private sector is another way to measure the migration of 
activity out of the traditional banking sector. Figure VIII.4 shows 
that the share of credit to the non-financial private sector provided 
by banking organizations has been between 30 and 35 percent since the 
early 2000s. This share has persisted through regulatory changes and 
economic

[[Page 15123]]

events, including the U.S. implementation of Basel II and Basel III 
reforms, the 2007-09 financial crisis, and the COVID-19 pandemic. The 
faster growth in nonbank assets (Figure VIII.3) and (Figure VIII.4) 
noting the increased role of nonbanks in the investment activity of 
U.S. households and small and medium enterprises. For example, a 
substantial share of mortgage origination is now primarily undertaken 
by nonbanks.\632\
---------------------------------------------------------------------------

    \632\ Rebucci, Alessandro; Sclip, Alex; Sapriza, Horacio; and te 
Kaat, Daniel. (August 2025) ``Bank Liquidity and Financing of 
Nonbank Mortgage Companies.'' Federal Reserve Bank of Richmond 
Economic Brief, No. 25-33, https://www.richmondfed.org/publications/research/economic_brief/2025/eb_25-33.
---------------------------------------------------------------------------

    Figure VIII.4 also shows a sharp decline in bank credit to the non-
financial private sector in the 1980s from the higher levels of the 
1970s. This decline was likely driven by a combination of regulation 
and financial sector innovation that reshaped the U.S. financial 
system.\633\ One of these developments was the introduction of formal 
leverage requirements in bank supervision and regulation in 1981.\634\ 
Other important changes also contributed to this decline. In the 1980s, 
the financial landscape began to shift significantly, marked by the 
expanded activities of government-sponsored enterprises (GSEs) and U.S. 
agencies, including Fannie Mae, Freddie Mac, and Ginnie Mae. During 
this period, certain housing GSEs rapidly expanded their role in the 
mortgage market by securitizing a substantial share of residential 
loans. Previously, the bulk of loans had generally been held on the 
balance sheets of banking organizations.\635\ This expansion of 
securitization allowed nonbanks to intermediate a larger share of 
mortgage lending, a trend that accelerated with the creation of real 
estate mortgage investment conduits in the late 1980s.\636\ As a 
result, the share of credit provided by banking organizations to the 
non-financial private sector began to decline sharply. This rise in GSE 
activity and the broader growth of securitization markets played a 
pivotal role in the long-term shift of credit provision away from 
banking organizations.\637\ As described in the sections below, by 
adjusting the capital framework, the proposal may support lessening of 
this decline in the share of credit to the non-financial private sector 
provided by banking organizations.
---------------------------------------------------------------------------

    \633\ Mark A. Calabria, ``The Rise of Nonbank Mortgage 
Lending,'' Regulation, 46(18) (2023) (``Calabria (2023)''), https://www.cato.org/regulation/summer-2023/rise-nonbank-mortgage-lending.
    \634\ Federal Reserve Bank of St. Louis, Federal Reserve 
History, ``Bank Capital Standards'' (March 2024), https://www.federalreservehistory.org/essays/bank-capital-standards; 
``Capital Adequacy Guidelines,'' 68 Federal Reserve Bulletin, 33 
(1982).
    \635\ Dwight M. Jaffee & Kenneth T. Rosen, ``Mortgage 
Securitization Trends,'' Journal of Housing Research, 1(1), 117-37 
(1990) (``Jaffee and Rosen (1990)''), http://www.jstor.org/stable/24825876.
    \636\ Solomon Y. Deku & Alper Kara, ``A Historical and Regional 
Overview of Securitization,'' Securitization: Past, Present and 
Future, 57-91 (August 2017) (``Deku and Kara (2017)''), https://doi.org/10.1007/978-3-319-60128-1_4.
    \637\ See Calabria (2023).
---------------------------------------------------------------------------

Figure VIII.4: Share of Credit to Non-Financial Private Sector Provided 
by Banks

[[Page 15124]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.112

    The nonbank sector is diverse, comprising investment funds, 
insurance providers, pensions, specialty finance companies (such as 
mortgage lenders and private credit funds), and market infrastructure 
providers, among other types of institutions. Nonbanks that are funded 
by less stable sources of funding or are highly leveraged and nonbanks' 
funding access interlinkages with wholesale capital markets, 
institutional investors, and banking institutions can pose financial 
stability concerns. For example, as seen during the 2007-09 financial 
crisis, the suspension of redemptions by one money market mutual fund 
can cause contagion as investors are incentivized to withdraw from 
other funds.\639\ In addition, during the market dislocations in the 
early days of the COVID-19 pandemic, principal trading firms, facing 
volatile and uncertain markets, may have pulled back from providing 
liquidity to U.S. Treasury markets, thus contributing to the overall 
stressed market conditions.\640\ Moreover, the uneven regulatory 
oversight of nonbanks, relative to banks, may increase their 
vulnerability to runs, liquidity stresses, and other systemic shocks, 
with potential financial stability consequences.\641\ Any potential 
shifts in activity from the nonbank sector to the banking sector 
stemming from this proposal may help alleviate such vulnerabilities.
---------------------------------------------------------------------------

    \638\ BIS, BIS Data Portal, Credit to the Non-Financial Sector 
(data flow ID: BIS,WS_TC,2.0), ``United States--Credit from All 
Sectors to Private Non-Financial Sector at Market Value, U.S. 
Dollar, Adjusted for Breaks'' (series key: Q.US.P.A.M.USD.A) (data 
set downloaded on October 17, 2025), https://data.bis.org/topics/TOTAL_CREDIT/BIS,WS_TC,2.0/Q.US.P.A.M.USD.A.
    \639\ ``Financial Crisis Inquiry Commission, The Financial 
Crisis Inquiry Commission: Final Report of the National Commission 
on the Causes of the Financial and Economic Crisis in the United 
States,'' Featured Commission Publications, (February 2011), https://www.govinfo.gov/content/pkg/GPO-FCIC/pdf/GPO-FCIC.pdf.
    \640\ U.S. Department of the Treasury, the Board of Governors of 
the Federal Reserve System, the Federal Reserve Bank of New York, 
the U.S. Securities and Exchange Commission & the U.S. Commodity 
Futures Trading Commission, ``Recent Disruptions and Potential 
Reforms in the U.S. Treasury Market: A Staff Progress Report'' 
(November 2021), https://home.treasury.gov/system/files/136/IAWG-Treasury-Report.pdf.
    \641\ Gary Gorton & Andrew Metrick, ``Getting Up to Speed on the 
Financial Crisis: A One-Weekend-Reader's Guide,'' Journal of 
Economic Literature 50(1), 128-150 (March 2012) (``Gorton and 
Metrick (2012)''), https://www.doi.org/10.1257/jel.50.1.128.
---------------------------------------------------------------------------

    The presence of nonbanks alongside, and in competition with, 
traditional banks can also promote access to credit for households and 
businesses and improve the secondary market liquidity for this credit. 
Nonbanks, with business models, funding structures, and use of 
technology that differ from traditional banks, can help to diversify 
the financial landscape, foster innovation, and enhance the overall 
efficiency of

[[Page 15125]]

financial services.\642\ These tradeoffs are discussed further when 
analyzing the potential competitive effects of the proposal in section 
VIII.F.
---------------------------------------------------------------------------

    \642\ Stijn Claessens & Laura E. Kodres, ``The Regulatory 
Responses to the Global Financial Crisis: Some Uncomfortable 
Questions,'' International Monetary Fund, Working Paper No. 2014/046 
(March 2014) (``Claessens and Kodres (2014)''), https://www.imf.org/external/pubs/ft/wp/2014/wp1446.pdf.
---------------------------------------------------------------------------

B. Reasonable Alternatives

    This section compares the estimated consequences of the proposal on 
banking organization risk-weighted assets with three reasonable 
alternatives to implement the Basel standards in the United States and 
achieve the objectives of the proposal. These alternatives, along with 
the proposal, represent different approaches intended to promote robust 
levels of capital, risk sensitivity, and a simplified capital 
framework. Similar to the current capital rule, Alternative 1 would 
subject Category I and II banking organizations to two sets of risk-
based capital ratio requirements: one set based on the proposed 
revisions to the standardized approach, the other set based on the 
proposed expanded risk-based approach (subsequently referred to as the 
dual calculation implementation). Alternative 2 would replace the 
current capital framework with a version of the Basel standards that 
does not contain any of the U.S.-specific adjustments in the proposal 
that account for factors such as the specific characteristics of U.S. 
markets, practices of U.S. banking organizations, or U.S. statutory 
mandates and policy objectives and, in contrast to the proposal, would 
assume use of models-based approaches for credit risk (subsequently 
referred to as the BCBS models-based implementation). Alternative 3 
would also not contain the U.S.-specific adjustments outlined in the 
proposal and would only allow use of standardized, non-modelled 
approaches within the Basel standards without any U.S.-specific 
adjustments (subsequently referred to as the BCBS standardized 
implementation). Both Alternatives 2 and 3 would entail a single 
calculation and rely on data from the quantitative impact studies 
conducted by the Basel Committee on Banking Supervision.\643\ This 
section discusses each alternative in turn, then presents a 
quantitative comparison of their effects on the risk-weighted assets of 
Category I banking organizations.
---------------------------------------------------------------------------

    \643\ See, e.g., Basel Committee on Banking Supervision (2010, 
2025). Basel Committee on Banking Supervision. ``Results of the 
Comprehensive Quantitative Impact Study.'' Bank for International 
Settlements, December 2010. https://www.bis.org/publ/bcbs186.pdf.
    Basel Committee on Banking Supervision. ``Basel III Monitoring 
Report.'' Bank for International Settlements, October 2025. https://www.bis.org/bcbs/publ/d599.pdf.
---------------------------------------------------------------------------

1. Alternative 1: Dual Calculation Implementation
    Category I and II banking organizations are currently required to 
calculate two sets of risk-based capital ratio requirements: one set 
based on the standardized approach (which also applies generally to 
other banking organizations), the other set based on the advanced 
approaches. The binding requirement for purposes of complying with 
minimum risk-based capital requirements is the lower of each ratio 
calculated under the two approaches.\644\ Under the proposal, Category 
I and II banking organizations would be subject to requirements based 
on the expanded risk-based approach and revised market risk framework. 
The standardized approach would no longer apply to these banking 
organizations and the advanced approaches would be eliminated. Thus, 
such banking organizations would no longer be required to calculate two 
sets of risk-based capital ratios.
---------------------------------------------------------------------------

    \644\ The lower of the two ratios is the stricter of the two 
requirements.
---------------------------------------------------------------------------

    In contrast, Alternative 1's dual calculation implementation 
assumes that Category I and II banking organizations would be required 
to calculate ratios under both the standardized approach (inclusive of 
proposed amendments in the companion proposal to modify the 
standardized approach) and the expanded risk-based approach. In the 
context of comparing the proposal with the reasonable alternatives, 
which focuses on comparisons of risk-weighted assets, the approach 
under the dual calculation implementation that yields the higher amount 
of risk-weighted assets would be considered the binding approach.
    The retention of the standardized approach requirements alongside 
the expanded risk-based approach for banking organizations using the 
latter approach could be justified by the goal of improving 
comparability in capital resulting from the proposals. As discussed in 
section I.B and II.C, the proposal introduces consistent, comparable, 
and robust capital requirements, without requiring two parallel sets of 
requirements like in Alternative 1.
2. Alternative 2: BCBS Models-Based Implementation
    In the design of this proposal, the agencies made certain 
adjustments to the Basel standards to address factors such as specific 
characteristics of U.S. markets, practices of U.S. banking 
organizations, and U.S. policy objectives. The BCBS models-based 
implementation would not include these U.S.-specific adjustments and 
would assume the use of internal models for credit risk and market 
risk, similar to implementation of the Basel standards in other 
jurisdictions. The scope of application for mandatory use would remain 
Category I and II banking organizations, consistent with the proposal 
and the current advanced approaches framework.
    Empirically, under the BCBS models-based implementation, modelled 
risk-weighted assets would generally be higher than the Basel 
standardized approach output floor.\645\ However, the Basel output 
floor, which limits the benefits banking organizations can derive from 
using internal models to calculate minimum capital requirements, would 
be binding for a few Category I or II banking organizations.
---------------------------------------------------------------------------

    \645\ The Basel standards include a floor to risk-weighted 
assets, which corresponds to 72.5 percent of risk-weighted assets 
calculated only using standardized approaches.
---------------------------------------------------------------------------

    The key methodological difference in the treatment of credit risk 
under the BCBS models-based implementation is that it continues the use 
of the internal ratings-based approach for credit risk, albeit in a 
constrained way.\646\ In contrast, the proposal does not allow the use 
of internal models to determine risk-weighted assets for credit 
portfolios. This generally causes a lower requirement, under 
Alternative 2, for low-default non-sovereign exposures.
---------------------------------------------------------------------------

    \646\ With credit risk, the BCBS Basel III internal rating-based 
approaches remove the estimation of loss given default for lower 
default portfolios (large corporates, sovereigns, banks). In 
addition, the output floor constrains the degree to which those 
models can reduce the contribution of risk weighted assets to risk-
weighted assets.
---------------------------------------------------------------------------

    The proposal's market risk capital requirements include several 
important differences relative to the BCBS models-based framework. For 
example, the proposal would recognize market risk diversification 
between modelled and unmodelled positions. The proposal would also 
change the internal models approach to streamline testing requirements 
and modify the treatment of non-modellable risk factors. Additionally, 
risk weights and correlation parameters for some risk buckets in the 
standardized approach to

[[Page 15126]]

market risk would be calibrated for U.S.-specific markets. The proposal 
also includes a simplified partial look-through approach for 
calculating fund exposures based on an appropriate index that is less 
conservative than the Basel standard.
    The proposal's credit valuation adjustment (CVA) risk requirements 
are similar to those under the BCBS models-based implementation. One 
important difference is that client-facing exposures, in connection 
with client-cleared derivative transactions, are excluded from CVA risk 
capital requirements under the proposal. Another important difference 
is that the proposal introduces a separate counterparty credit spread 
risk weight category for certain lower-risk financial institutions.
    The proposal also differs in certain key respects from the 
operational risk Basel standard and, therefore, from Alternative 
2.\647\ Under the Basel standards, the business indicator is composed 
of three components: (1) the interest, lease, and dividend component; 
(2) the services component; and (3) the financial component. The 
proposal retains the interest, lease, and dividend component. However, 
the services and financial components are replaced with a single 
noninterest component, in part to allow for netting of applicable 
income and expenses.\648\ In addition, the proposal would scale the 
income and expenses of the investment management business line in the 
business indicator calculation while the Basel standard does not scale 
any business line.
---------------------------------------------------------------------------

    \647\ The proposal is consistent with the approach in the Basel 
standards of setting the internal loss multiplier equal to 1.
    \648\ In particular, the BCBS models-based implementation (1) 
calculates the services component on a gross basis, (2) does not 
allow netting across banking book and trading book activities in the 
financial component, and (3) does not allow netting across 
activities captured in the services component and those captured in 
the financial component.
---------------------------------------------------------------------------

3. Alternative 3: BCBS Standardized Implementation
    The BCBS standardized implementation under Alternative 3 modifies 
Alternative 2 in two respects. First, Alternative 3 only contemplates 
the use of standardized approaches for credit and market risk as 
outlined in the Basel standards. Thus, Alternative 3 would remove the 
option to use models to determine market risk capital requirements 
compared to the proposal. Requiring the use of the market risk 
standardized approach generally results in higher, less risk-sensitive 
capital requirements. Second, because alternative 3 reflects only the 
use of standardized approaches, it does not include the 72.5 percent 
output floor.
4. Quantitative Estimates and Discussion
    For each of the three alternatives, the agencies estimate aggregate 
risk-weighted assets under the alternatives and contrast them with the 
estimated levels under the proposal. The results for Category I banking 
organizations appear in Table VIII.2.\649\
---------------------------------------------------------------------------

    \649\ While Category II banking organizations are also subject 
to the proposal, there is insufficient Basel quantitative impact 
study data to calculate the impact for such banking organizations 
under Alternative 2 and Alternative 3. Category II banking 
organizations are part of the impact figures in section VII. In 
addition, Table VIII.2 does not reflect RWA deductions. Therefore, 
the aggregate figures for risk-weighted assets under the proposal, 
in Table VIII.2, are slightly different from those reported in 
Tables VII.2 and VII.5 in sections VII.A and VII.C.1, respectively.
---------------------------------------------------------------------------

Table VIII.2: Aggregate GSIB Risk-Weighted Assets under the Reasonable 
Alternatives ($ billion)

[[Page 15127]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.114

    Under the dual calculation implementation, aggregate risk-weighted 
assets would be slightly higher than risk-weighted assets under the 
proposal, and about 2 percent above current levels under the 
standardized approach, which most commonly is the more binding of the 
current risk-based capital requirements. The dual calculation 
requirements are only slightly higher that under the proposal, as only 
one of the smaller banking organizations subject to the proposal would 
have higher risk-weighted assets under the standardized approach 
proposal.
    The BCBS models-based implementation would modestly reduce 
aggregate risk-weighted assets by about 4 percent, relative to the 
current standardized approach. Most Category I banking organizations 
would have lower risk-weighted assets under Alternative 2 than under 
the proposal.
    The BCBS standardized approach would substantially increase 
aggregate risk-weighted assets by 24 percent, relative to current 
standardized approach. All Category I bank holding companies have 
higher risk-weighted assets under Alternative 3 than under the proposal 
or the other alternatives.
    Despite variations in their estimated effects on total risk-
weighted assets, the proposal and alternatives maintain similar 
relative contributions across risk stripes. Table VIII.2 illustrates 
this composition, with credit risk contributing the majority at 70-80 
percent of the total, operational risk accounting for 12-16 percent, 
market risk representing 7-12 percent, and CVA comprising the smallest 
portion at 3 percent. Risk-weighted assets are directly changed by the 
proposal, and these alternatives do not necessarily imply equivalent 
changes to capital requirements. Typically, capital requirements move 
in the same direction as changes in risk-weighted assets. But changes 
in capital requirements would likely be smaller in percentage terms 
primarily because the capital amount required by the stress capital 
buffer framework would be unaffected by changes in risk-weighted assets 
for holding companies for which the 2.5 percent capital conservation 
buffer requirement floor does not bind. In addition, changes in risk-
weighted assets may not translate into proportional changes in tier 1 
capital requirements if leverage requirements, rather than risk-based 
capital requirements, were binding for a given banking organization.

C. Macroeconomic Effects and the Analysis of the Proposal With Respect 
to Estimates of Optimal Capital Levels

    This section situates the proposal within the context of the 
academic literature and policy analysis on the optimal capital levels 
of the banking system. The proposal would change risk weights to more 
closely align with the risks of covered banking organizations. These 
changes in risk weights imply that the amount of required capital would 
change for these banking organizations, potentially resulting in a 
change to U.S. banking system capital requirements. The economic effect 
of these changes can be evaluated in light of the findings of the 
optimal capital research.
    As noted, the proposal would mandatorily apply to Category I and II 
banking organizations and banking organizations with significant 
trading

[[Page 15128]]

activity. These banking organizations hold about half of the assets of 
the U.S. banking system. In addition, the standardized approach 
proposal would revise capital requirements for non-Category I and II 
banking organizations that are subject to the risk-based framework. As 
such, the analysis considers the literature on the optimal level of 
capital for all banking organizations.\650\
---------------------------------------------------------------------------

    \650\ This reflects the fact that the literature on optimal 
capital level focuses on the banking sector of an economy, not just 
the large banks.
---------------------------------------------------------------------------

    As shown earlier in Figure II.1, the aggregate U.S. banking system 
has more than $2.2 trillion of common equity tier 1 capital, equaling 
13.4 percent of risk-weighted assets (as of June 30, 2025).
1. Impact of the Proposals
    The agencies examined the impact of the proposals on capital 
requirements for the U.S. banking system. This analysis includes the 
proposed revisions to the calculation of risk-weighted assets and the 
proposed amendments to the GSIB surcharge framework under the Board's 
GSIB surcharge proposal. It also includes the proposed revisions to the 
risk-weights in the U.S. standardized approach. When applicable, it 
also notes the impact of the recent proposal to modify the Board's 
stress tests.
    Based on the estimates reported in section VII.C.2, the revisions 
to the risk-weight framework and the GSIB surcharge would result in a 
decrease to common equity tier 1 capital minimum plus buffer 
requirements for Category I and II bank holding companies of $42.1 
billion (inclusive of changes to stress capital buffer and GSIB 
surcharge requirements). The estimated capital decrease is based on 
balance sheets and exposures as of June 30, 2025. The actual impact may 
be higher or lower depending on the future behavior of Category I and 
II banking organizations.
    Capital requirements for Category III and IV bank holding companies 
would change due to revisions to risk-weighted assets for these banking 
organizations that engage in significant trading activity, as well as 
the accompanying proposal to revise the standardized approach. In 
conjunction with the proposed stress test changes, these proposals are 
expected to lower common equity tier 1 requirements of such bank 
holding companies by $19.5 billion. Turning to bank holding companies 
with assets below $100 billion, the proposals under consideration would 
lower their common equity tier 1 requirements by $26.2 billion. 
Altogether, these proposals would lower the common equity tier 1 
requirements in the U.S. banking system by about $87.7 billion. 
Excluding the effects of the stress test proposal, the three proposals 
under consideration would lower common equity tier 1 requirements by 
about $58.3 billion.
    Using the total amount of common equity tier 1 capital in the U.S. 
banking system of $2.22 trillion as a denominator and assuming affected 
banking organizations would decrease their capital dollar-for-dollar 
with the decrease in capital requirements--in effect maintaining the 
same dollar amount of capital over requirements as they currently do--
the proposals altogether would lower aggregate capital in the U.S. 
banking system by 4.0 percent.\651\ When this percentage decrease is 
applied to the current common equity tier 1 capital ratio of the U.S. 
banking system of 13.4 percent, the combined proposals are estimated to 
decrease the common equity tier 1 capital ratio of the U.S. banking 
system to an amount that is equivalent to about 12.9 percent when 
measured relative to risk-weighted assets under the current rule.\652\
---------------------------------------------------------------------------

    \651\ The corresponding decrease in capital requirements from 
the three proposals under consideration--the Basel III proposal, the 
standardized approach proposal and the G-SIB surcharge proposal--
yields an estimated decrease of 2.6 percent. The lower estimates 
arises due to excluding the effects of the proposed changes to the 
stress tests.
    \652\ The projected common equity tier 1 capital ratio of 12.9 
percent is obtained via 13.4 percent x (1-0.040).
---------------------------------------------------------------------------

    To situate the proposals' effect on the quantity of capital in the 
U.S. banking system in the literature on the optimal level of capital, 
the agencies discuss the historical evolution of this literature as 
well as more recent advances.
2. Development of the Literature on the Optimal Level of Capital in the 
Banking System
    The Basel Committee's long-term economic impact assessment of 
capital requirements (BCBS 2010 study) represented an important 
milestone in the development of the literature on the optimal capital 
level in the banking system.\653\ This study was carried out in the 
aftermath of the 2007-09 financial crisis and supported the increase in 
capital requirements that was part of the initial phase of the Basel 
III reforms.\654\ It helped spur a number of related studies by 
academics and staff at regulatory agencies across the world.
---------------------------------------------------------------------------

    \653\ See generally Basel Committee, ``An Assessment of the 
Long-Term Economic Impact of Stronger Capital and Liquidity 
Requirements'' (Aug. 2010), https://www.bis.org/publ/bcbs173.pdf 
(``BCBS 2010 study'').
    \654\ See, e.g., Basel Committee, ``Basel III: A Global 
Regulatory Framework for More Resilient Banks and Banking Systems'' 
(June 2011), https://www.bis.org/publ/bcbs189.htm.
---------------------------------------------------------------------------

    The BCBS 2010 study developed a framework in which the benefits of 
higher capital stem from a reduced probability of a financial 
crisis.\655\ These benefits can be quantified by estimating the degree 
to which higher bank capital reduces the probability of a crisis and 
multiplying this reduction in probability by the expected economic 
output loss caused by a crisis. The cost of higher capital requirements 
stems from the increased cost of funding for banks, which can lead to 
higher interest rates on lending and thus lower economic activity, 
depending on market structure, competition, and other factors. The 
trade-off between these benefits and costs yields the optimal level of 
capital in the banking system. That said, significant uncertainties and 
limitations remain on how to measure these benefits and costs, and 
different approaches used in various studies yield different estimates 
of the optimal level of capital. Moreover, as discussed subsequently in 
section VIII.C.3, the literature has since developed additional 
frameworks.
---------------------------------------------------------------------------

    \655\ See BCBS 2010 study.
---------------------------------------------------------------------------

    The BCBS 2010 study applies this framework using several 
macroeconomic models to capture a range of possible costs and benefits, 
resulting in a range of possible values for the optimal level of 
capital in the banking system. The study concludes that the optimal 
capital requirement, measured as tangible common equity capital to 
risk-weighted assets, is in the range of 10-14 percent,\656\ which 
encompasses the projected new level of the common equity tier 1 capital 
ratio of the U.S. banking system, under the proposals, of about 13 
percent, as described in section VII.B. The fact that the projected 
capital level falls within the range of optimal values suggests that 
the overall proposals are consistent with the analysis of the BCBS 2010 
study.
---------------------------------------------------------------------------

    \656\ See BCBS 2010 study.
---------------------------------------------------------------------------

    Other studies provide additional perspective. For example, Fender 
and Lewrick (2016) argue that after accounting for differences in 
measurement of capital and risk-weighted assets over time,\657\ the 
BCBS 2010 study implies a lower optimal level for the common equity 
tier 1 capital ratio of around 8-11 percent. Miles, Yang, and 
Marcheggiano (2013)

[[Page 15129]]

apply a similar framework to data on global banks and find that the 
optimal capital level is higher, in the range of 16-20 percent.\658\ 
This result stems partly from their finding that increased capital 
would have a smaller adverse effect on interest rates, and thus 
economic activity, than the BCBS 2010 study estimates.
---------------------------------------------------------------------------

    \657\ See Ingo Fender & Ulf Lewrick, Monetary and Economic 
Department, BIS, Adding it All Up: The Macroeconomic Impact of Basel 
III and Outstanding Reform Issues (BIS, Working Paper No. 591, Nov. 
2016) (``Fender and Lewrick (2016)''), https://www.bis.org/publ/work591.pdf.
    \658\ See David Miles, Jing Yand, & Gilberto Marcheggiano, 
``Optimal Bank Capital,'' 123 The Economic Journal 1, 29 Table 10 
(Mar. 2013) (``Miles, Yang and Marcheggiano (2013)''), https://academic.oup.com/ej/article/123/567/1/5080596.
---------------------------------------------------------------------------

    Conversely, Brooke et al. (2015) apply a similar framework and find 
that, after accounting for the benefits from improvements in the 
resolution framework, one would obtain a lower optimal capital level 
than in the BCBS 2010 study.\659\ This study has played a key role in 
informing the Bank of England's views on the optimal level of capital 
in the UK banking system.\660\ Their analysis suggests that the optimal 
capital level for tier 1 capital (rather than common equity tier 1 
capital) ranges from 10-14 percent.\661\ In comparison, the projected 
tier 1 capital in the U.S. banking system from the combined proposals 
would be about 14 percent, suggesting that the proposals could result 
in capital levels within the optimal range.
---------------------------------------------------------------------------

    \659\ See Martin Brooke, Oliver Bush, Robert Edwards, Jas Ellis, 
Bill Francis, Rashmi Harimohan, Katharine Neiss, and Caspar Siegert, 
Bank of England, Measuring the Macroeconomic Costs and Benefits of 
Higher UK Bank Capital Requirements (Bank of England, Financial 
Stability Paper No. 35, Dec. 2015) (``Brooke et al. (2015)''), 
https://www.bankofengland.co.uk/-/media/boe/files/financial-stability-paper/2015/measuring-the-macroeconomic-costs-and-benefits-of.pdf.
    \660\ See Bank of England, ``Financial Stability in Focus: The 
FPC's assessment of bank capital requirements'', https://www.bankofengland.co.uk/financial-stability-in-focus/2025/fsif-the-fpcs-assessment-of-bank-capital-requirements.
    \661\ Tier 1 capital includes a broader set of instruments than 
common equity tier 1 capital. Thus, a banking organization will 
typically have a higher tier 1 capital ratio than a common equity 
tier 1 capital ratio.
---------------------------------------------------------------------------

    Firestone et al. (2019) apply the framework of the BCBS 2010 study 
to the U.S. banking system and find that the optimal capital level for 
tier 1 capital ranges from 13-26 percent.\662\ In this case, the 
projected capital in the U.S. banking system would fall in the low end 
of the range. The wide range stems in part from uncertainty regarding 
the economic costs of financial crises, as the benefits of higher 
capital levels increase with the severity of the financial crises that 
are averted by the increased capital.
---------------------------------------------------------------------------

    \662\ See Simon Firestone, Amy Lorenc, & Ben Ranish, ``An 
Empirical Economic Assessment of the Costs and Benefits of Bank 
Capital in the United States,'' 101 Federal Reserve Bank of St. 
Louis Review 203, 203-30 (2019) (``Firestone et al. (2019)''), 
https://doi.org/10.20955/r.101.203-30.
---------------------------------------------------------------------------

    Soederhuizen et al. (2023) build on this framework and study the 
optimal capital level in the Euro area.\663\ They use a more advanced 
model for the costs of increased bank capital levels and obtain an 
optimal level of common equity tier 1 capital relative to risk-weighted 
assets of 16-31 percent, higher than the level currently maintained by 
the U.S. banking system. Soederhuizen et al. (2023) also find that the 
optimal capital level differs across Euro member states. This 
heterogeneity, along with the range of optimal capital estimates in the 
papers in this section, underlines the uncertainty in the estimated 
optimal capital levels.
---------------------------------------------------------------------------

    \663\ See Beau Soederhuizen, Gerrit Hugo van Heuvelen, Rob 
Luginbuhl, & Bert van Stiphout-Kramer, Netherlands Bureau for 
Economic Policy Analysis (CPB), ``Optimal Capital Ratios for Banks 
in the Euro Area,'' 69 Journal of Financial Stability, Art. No. 
101164 (Dec. 2023) (``Soederhuizen et al. (2023)''), https://doi.org/10.1016/j.jfs.2023.101164.
---------------------------------------------------------------------------

    Jorda et al. (2021) challenge the underlying premise of the 
literature that follows from BCBS (2010) that higher capital levels 
reduce the probability of a financial crisis.\664\ Instead, they find 
that higher capital levels reduce the severity of a crisis by promoting 
a faster economic recovery but have no impact on the probability of a 
financial crisis. Accounting for their findings could result in 
different estimates of optimal capital levels than what is obtained in 
the studies discussed above.\665\
---------------------------------------------------------------------------

    \664\ See Oscar Jorda, Bj[ouml]rn Richter, Moritz Schularick, 
and Alan Taylor, ``Bank Capital Redux: Solvency, Liquidity, and 
Crisis,'' 88 The Review of Economic Studies 260, 260-268 (2021) 
(``Jorda et al. (2021)''), https://doi.org/10.1093/restud/rdaa040.
    \665\ The analytical framework in Jorda et al. (2021) does not 
yield an estimate of the optimal level of bank capital. See Jorda et 
al. (2021).
---------------------------------------------------------------------------

    Admati and Hellwig (2024) provide another perspective on the level 
of optimal capital in the banking system and argue that it ought to be 
much higher than current capital levels.\666\ Their argument hinges on 
the ability of nonbanks to provide a substitute for bank credit, thus 
ameliorating the cost of higher capital requirements on bank lending. 
That said, such substitution of financial services away from banks 
towards nonbanks may pose other concerns, as discussed in section 
VIII.F.3.
---------------------------------------------------------------------------

    \666\ See Anat Admati and Martin Hellwig, The Bankers' New 
Clothes: What's Wrong with Banking and What to Do About It (2024) 
(``Admati and Hellwig (2024)'').
---------------------------------------------------------------------------

3. General Equilibrium Models of Optimal Capital Levels
    One limitation of the above studies is that the models they employ 
do not account for the optimizing behavior of agents, a key theoretical 
underpinning of modern economics. As discussed below, recent 
developments in modeling of optimal capital levels have turned towards 
embedding optimizing behavior of agents, including households, non-
financial businesses, and banks. Notably, the cost-benefit tradeoff 
examined in these models can differ from the tradeoff in the literature 
based on the BCBS 2010 study discussed above.\667\
---------------------------------------------------------------------------

    \667\ These models tend to be more complex than those based on 
the BCBS 2010 study, and their results are obtained via matching 
elements of the data to those implied by the model. As such, this 
literature tends to avoid framing findings in terms of a range and 
instead discusses robustness of the findings to modeling 
assumptions.
---------------------------------------------------------------------------

    Begenau (2020) reflects a new approach in this literature.\668\ In 
particular, this study argues that higher capital requirements can spur 
lending by reducing the incentives of banks to take on deposits, which 
results in a lower cost of deposits and potentially a lower overall 
cost of funding. In this model, households value the liquidity services 
provided by deposits, and higher capital requirements can lead to lower 
provision of those services. This study finds that the optimal capital 
requirement equals 12.4 percent of risky assets, close to the projected 
capital levels in the U.S. banking system.
---------------------------------------------------------------------------

    \668\ See Juliane Begenau, ``Capital Requirements, Risk Choice, 
and Liquidity Provision in a Business-Cycle Model,'' 136 Journal of 
Financial Economics 355, 355-378 (May 2020) (``Begenau (2020)''), 
https://doi.org/10.1016/j.jfineco.2019.10.004.
---------------------------------------------------------------------------

    Begenau and Landvoigt (2022) study optimal capital ratios in a 
setting with banks and unregulated nonbanks.\669\ In this setup, they 
find that higher capital requirements shift activity to the unregulated 
sector. However, the authors argue that such a shift can be optimal as 
it moves activity away from a banking sector that is supported by 
government guarantees. This study reports an optimal leverage ratio 
capital requirement of 16 percent, higher than the projected capital in 
the U.S. banking system.
---------------------------------------------------------------------------

    \669\ Julaine Begenau and Tim Landvoigt, ``Financial Regulation 
in a Quantitative Model of the Modern Banking System,'' 89 The 
Review of Economic Studies 1748,1748-1784 (July 2022) (``Begenau and 
Landvoigt (2022)''), https://doi.org/10.1093/restud/rdab088.
---------------------------------------------------------------------------

    Elenev et al. (2021) embed financial crises into an equilibrium 
macroeconomic model of households, non-financial businesses, and 
banks.\670\ In this model, higher capital requirements result in a 
smaller

[[Page 15130]]

financial sector and thus a smaller economy. The calibrated model 
implies that welfare is maximized at a capital requirement of 6 percent 
of risky assets, well below current and projected requirements.
---------------------------------------------------------------------------

    \670\ Vadim Elenev, Tim Landvoigt & Stijn Van Nieuwerburgh, ``A 
Macroeconomic Model With Financially Constrained Producers and 
Intermediaries,'' 89 Econometrica 1361, 1361-1418 (May 2021) 
(``Elenev et al. (2021)''), https://doi.org/10.3982/ECTA16438.
---------------------------------------------------------------------------

    Begenau et al. (2025) examine bank capital requirements in the 
context of delayed accounting for loan-loss recognition.\671\ In their 
model, optimal capital requirements are lower than current values. This 
decrease in optimal capital requirements arises in conjunction with an 
expedited loan loss recognition relative to current practices, which 
makes the banking system safer by ensuring timely accounting for non-
performing loans.
---------------------------------------------------------------------------

    \671\ Juliane Begenau, Saki Bigio, Jeremy Majerovitz and Matias 
Vieyra, ``A Q-Theory of Banks'', forthcoming, The Review of Economic 
Studies (``Begenau et al. (2025)''), https://doi.org/doi:10.1093/restud/rdaf035.
---------------------------------------------------------------------------

    Davyduik (2017) uses an equilibrium model to study how capital 
requirements vary over the business cycle and finds that a 
countercyclical capital requirement increases welfare.\672\ According 
to the calibration in this model, the optimal level of the capital 
requirement fluctuates around 6 percent over the business cycle.
---------------------------------------------------------------------------

    \672\ Tetiana Davydiuk, Dynamic Bank Capital Requirements (Oct. 
2017) (``Davydiuk (2017)''), https://dx.doi.org/10.2139/ssrn.3110800.
---------------------------------------------------------------------------

    The agencies find that the decrease in the capital required in the 
U.S. banking system under the combined proposals would result in a 
level of banking organization capital that is reasonable, as informed 
by the literature based on the BCBS 2010 study, as well as the more 
recent studies based on the optimizing behavior of agents. 
Collectively, the studies surveyed indicate uncertainty about the true 
level of optimal capital requirements, providing a range of estimates 
that are roughly equivalent to between 5 and 31 percent of risk-
weighted assets.\673\ Four of these 13 studies find optimal capital 
requirements substantially below the projected level of capital in the 
U.S. banking system under the proposal. Four studies find the projected 
capital levels approximately optimal and five of the studies would 
recommend higher levels of capital. Notably, more recent studies tend 
towards the lower end of the above range for optimal capital 
requirements, indicating the continuing evolution of this literature. 
However, there are certain limitations to applying this literature to 
the proposal, as detailed in the following section.
---------------------------------------------------------------------------

    \673\ See also Stephen Cecchetti, Jeremy Kress and Kermit 
Schoenholtz, ``Basel Endgame: Bank Capital Requirements and the 
Future of International Standard Setting'', 39(3) Journal of 
Economic Perspectives, 149-170. https://doi.org/10.1257/jep.20241434.
---------------------------------------------------------------------------

    In the event that the Board chooses to adopt the GSIB surcharge 
proposal or the agencies choose to adopt the proposals under 
consideration on separate timelines, the effect on the overall level of 
required capital in the banking system would be smaller than if the 
three proposals were adopted together. As such, viewed through the lens 
of the literature on optimal capital, the impact of each individual 
proposal would also remain within the optimal range and thus achieve a 
reasonable level of capital in the banking system.
4. Limitations of Applying the Academic Studies on Optimal Capital 
Levels To Evaluating the Proposals
    The proposals would establish risk weights applicable to banking 
activities that align more closely with the risks of these activities, 
relative to the current standardized approach, and improve transparency 
and consistency of requirements relative to the advanced approaches 
framework. Part of the changes in the proposed capital requirements 
stem from these differences in risk weights.\674\ The literature on 
optimal capital levels, however, takes the assignment of risk weights 
as given and examines the optimal level of capital given equilibrium 
levels of safe and risky assets. As such, this literature may be less 
suitable for analyzing a change in capital requirements resulting from 
changes in risk weights, as opposed to a direct change in the required 
capital for a certain quantity of risky assets.
---------------------------------------------------------------------------

    \674\ Capital requirements for large banking organizations would 
also change due to the companion proposal to reform the G-SIB 
surcharge.
---------------------------------------------------------------------------

    A related measurement challenge stems from the broad range of loss-
absorbing instruments that banking organizations use to meet the 
different capital requirements. While there are a few exceptions, such 
as Brooke et al. (2015), many of the studies do not distinguish between 
these different capital instruments.\675\ This makes it challenging to 
determine which capital ratio is most applicable to mapping the results 
of a given study to the U.S. banking system.
---------------------------------------------------------------------------

    \675\ See Brooke et al. (2015).
---------------------------------------------------------------------------

    As noted in section VII.C.1, the proposal would increase total 
risk-weighted assets applicable to trading-related activities by 31 
percent while reducing total risk-weighted assets relating to lending 
by about 10 percent.\676\ The optimal capital level literature, 
including the studies based on optimizing macroeconomic agents, 
primarily focuses on capitalizing for the risks posed by banks' loan 
portfolios. The literature neither considers the risk associated with 
trading activity nor the potential macroeconomic effect of changes in 
the provision of trading activity. This reduces the applicability of 
the optimal capital levels literature to the proposal, given the 
prominent role that capital markets play in the financing of economic 
activity in the United States.\677\
---------------------------------------------------------------------------

    \676\ As discussed subsequently in section VIII.E, the changes 
to the GMS in the stress testing proposal would significantly offset 
the capital impact of this increase in trading related risk-weighted 
activities.
    \677\ See supra Figure VIII.4--Share of Credit to Non-Financial 
Private Sector Provided by Banks.
---------------------------------------------------------------------------

    One additional limitation is that the optimal level of capital can 
differ across jurisdictions. For example, Stavrekeva (2020) finds that 
jurisdictions with a higher fiscal capacity may have a lower optimal 
capital level as the fiscal authorities may be better positioned to 
absorb shocks by bailing out the financial system.\678\ However, the 
agencies note that one function of the regulatory capital framework is 
to reduce the probability of a crisis and the need for extraordinary 
government support in the event of stress. Conversely, a small open 
economy may wish to have a higher capital level to reduce the 
likelihood of banking stress that subsequently triggers a sovereign 
debt crisis.\679\ Differences in the degree to which an economy uses a 
bank-based system of finance versus a market-based system may also 
affect the optimal level of capital in the banking system.
---------------------------------------------------------------------------

    \678\ See Vania Stavrakeva, ``Optimal Bank Regulation and Fiscal 
Capacity,'' 87 The Review of Economic Studies 1034, 1034-89 (Mar. 
2020) (``Stavrakeva (2020)''), https://doi.org/10.1093/restud/rdz012.
    \679\ Alter and Beyer (2014) provides an empirical analysis of 
spillovers between banks and sovereign debt. See Adrian Alter and 
Andreas Beyer, ``The Dynamics of Spillover Effects During the 
European Sovereign Debt Turmoil,'' 42 Journal of Banking & Finance 
134, 134-153 (May 2024) (``Alter and Beyer (2014)''), https://doi.org/10.1016/j.jbankfin.2014.01.030.
---------------------------------------------------------------------------

5. Differences Across U.S. Households
    The literature on the optimal capital level typically considers 
macroeconomic benefits and costs through the lens of an economic agent 
that represents the household sector.\680\ As such, these models 
typically look past heterogeneity across U.S. households. However, the 
economic situation of different households may influence their costs 
and benefits from banking organization capital requirements.
---------------------------------------------------------------------------

    \680\ Such models are typically referred to as ``representative 
agent'' models.

---------------------------------------------------------------------------

[[Page 15131]]

    Commenters on previous capital proposals have raised concerns that 
certain increased risk weights may increase costs and impede access to 
credit for members of disadvantaged communities. Economic theories link 
net worth to the cost of external finance.\681\ Specifically, members 
of disadvantaged communities would likely have lower net worth and thus 
be more adversely affected by an increased cost of borrowing. For 
example, Fairlie et al. (2022) find that borrowers from certain 
disadvantaged communities face higher interest rates and exhibit more 
reluctance to seek bank debt.\682\ The reduction in capital 
requirements stemming from the proposals may encourage banking 
organizations to introduce new banking products and expand the 
availability of products to more customers, facilitating financial 
inclusion.
---------------------------------------------------------------------------

    \681\ See Ben S. Bernanke and Mark Gertler, ``Inside the Black 
Box: The Credit Channel of Monetary Policy Transmission'' 9 Journal 
of Economic Perspectives 27, 27-48 (Fall 1995) (``Bernanke and 
Gertler (1995)''), https://www.aeaweb.org/articles?id=10.1257/jep.9.4.27; Ben S. Bernanke, Mark Gertler, and Simon Gilchrist, 
``The Financial Accelerator in a Quantitative Business Cycle 
Framework,'' Handbook of Macroeconomics, Vol. 1, Ch. 21 (John B. 
Taylor & Michael Woodford eds., 1999) (``Bernanke et al. (1999)''), 
https://doi.org/10.1016/S1574-0048(99)10034-X.
    \682\ See Robert Fairlie, Frank M. Fossen, Reid Johnsen, & 
Gentian Droboniku, ``Were Small Businesses More Likely to 
Permanently Close in the Pandemic?,'' 60 Small Business Economics 
1613, 1613-1629 (2023) (``Fairlie et al. (2023)''), https://doi.org/10.1007/s11187-022-00662-1.
---------------------------------------------------------------------------

    Conversely, members of disadvantaged communities may be at higher 
risk of suffering losses during financial stress. For example, Bayer et 
al. (2016) find that members of such communities had higher rates of 
delinquency and default on their mortgage debt during the 2007-09 
financial crisis.\683\ In addition, Contreras et al. (2023) show that 
bank failures can increase income inequality.\684\
---------------------------------------------------------------------------

    \683\ See Patrick Bayer, Fernando Ferreira, & Stephen L. Ross, 
``The Vulnerability of Minority Homeowners in the Housing Boom and 
Bust,'' 8 American Economic Journal: Economic Policy 1, 1-27 (Feb. 
2016) (``Bayer et al. (2016)''), https://www.aeaweb.org/articles?id=10.1257/pol.20140074.
    \684\ Salvador Contreras, Amit Ghosh, & Iftekhar Hasan, ``The 
Effect of Bank Failures on Small Business Loans and Income 
Inequality,'' 146 Journal of Banking & Finance, Art. No. 106690 
(Jan. 2023) (``Contreras et al. (2023)''), https://doi.org/10.1016/j.jbankfin.2022.106690.
---------------------------------------------------------------------------

    Question 196: What alternative approaches, if any, should the 
agencies consider for assessing the macroeconomic benefits and costs of 
the changes in the level of required capital that would result from the 
proposals, and why?
6. Benefits From Improved Risks Measurement
    The proposal's changes to the measurement of credit risk, market 
risk, and operational risk aim to improve how regulatory capital ratios 
capture the underlying economic riskiness of covered banking 
organizations' balance sheets and activities. Improving the measurement 
of key policy inputs and reducing complexity in the regulatory 
framework contributes to enhancing and consistency while avoiding 
potential deadweight losses in the banking sector associated with 
miscalibrated capital requirements.
    While capital requirements figure prominently in banking 
organizations' intermediation decisions, pinning down their optimal 
level to foster economic activity and to increase welfare is 
challenging. Deposit insurance is viewed in the literature as one of 
the rationales for the existence of capital requirements.\685\ The use 
of capital requirements to mitigate moral hazard induced by government 
guarantees and contribute to financial stability depends on appropriate 
calibration to avoid excessive risk-taking behavior by banking 
organizations.\686\ By improving the measurement of risks that banking 
organizations are subject to, the proposal contributes to avoiding 
potential deadweight losses resulting from the deviation of capital 
requirements from their socially optimal level.
---------------------------------------------------------------------------

    \685\ John H. Kareken & Neil Wallace, ``Deposit Insurance and 
Bank Regulation: A Partial-Equilibrium Exposition,'' The Journal of 
Business, 51(3), 413-438 (July 1978) (``Kareken and Wallace 
(1978)''), https://www.jstor.org/stable/2352275; Skander J. Van den 
Heuvel, ``The Welfare Cost of Bank Capital Requirements,'' The 
Journal of Monetary Economics, 55(2), 298-320 (March 2008) (``Van 
den Heuvel (2008)''), https://doi.org/10.1016/j.jmoneco.2007.12.001.
    \686\ Caterina Mendicino, Kalin Nikolov, Javier Suarez & Dominik 
Supera, ``Optimal Dynamic Capital Requirements,'' The Journal of 
Money, Credit and Banking, 50(6), 1271-297 (September 2018) 
(``Mendicino et al. (2018)''), https://doi.org/10.1111/jmcb.12490; 
Vadim Elenev, Tim Landvoigt & Stijn Van Nieuwerburgh, ``A 
Macroeconomic Model With Financially Constrained Producers and 
Intermediaries,'' Econometrica, 89(3), 1361-1418 (May 2021) 
(``Elenev et al. (2021)''), https://doi.org/10.3982/ECTA16438.
---------------------------------------------------------------------------

    Given the far-reaching effects of banking policies on the real 
economy,\687\ the proposal aims to reduce the unintended consequences 
of capital regulation by improving the measurement of risks to which 
covered banking organizations are exposed. For instance, migration of 
certain lending activity from depository institutions to nonbanks, as 
described in section VIII.A.6, may be mitigated by improving risk 
measurement inside of the banking sector.
---------------------------------------------------------------------------

    \687\ Jose M. Berrospide & Rochelle M. Edge, ``Bank capital 
buffers and lending, firm financing and spending: What can we learn 
from five years of stress test results?'', The Journal of Financial 
Intermediation, 57 (January 2024) (``Berrospide and Edge (2024)''), 
https://doi.org/10.1016/j.jfi.2023.101061.
---------------------------------------------------------------------------

    Reducing complexity in the regulatory framework enhances 
transparency of capital requirements and supports market discipline. As 
financial innovation made the banking system more complex, financial 
regulation has been strengthened to preserve the safety and soundness 
of the banking sector.\688\ Increased regulatory burden and complexity 
stemming from this more restrictive environment may have contributed to 
the increase in noninterest expenses faced by covered banking 
organizations through higher compliance costs.\689\ Overly complex 
banking regulation could also contribute to systemic risk by 
incentivizing regulatory arbitrage and encouraging migration of 
activities toward nonbanks.\690\ By making the regulatory framework 
simpler, the proposal aims to reduce compliance burdens while 
preserving the financial stability benefits of banking regulation.
---------------------------------------------------------------------------

    \688\ Richard J. Herring, ``The Evolving Complexity of Capital 
Regulation,'' The Journal of Financial Services Research, 53, 183-
205 (April 2018) (``Herring (2018)''), https://doi.org/10.1007/s10693-018-0295-8.
    \689\ Thomas L. Hogan & Scott Burns, ``Has Dodd-Frank affected 
bank expenses?'' The Journal of Regulatory Economics, 55, 214-236 
(April 2019) (``Hogan and Burns (2019)''), https://doi.org/10.1007/s11149-019-09379-8; Adrien Alvero, Sakai Ando & Kairong Xiao, 
``Watch What They Do, Not What They Say: Estimating Regulatory Costs 
from Revealed Preferences,'' The Review of Financial Studies, 36(6), 
2224-2273 (June 2023) (``Alvero et al. (2023)''), https://doi.org/10.1093/rfs/hhac089; Jean-Edouard Colliard & Co-Pierre Georg, 
``Measuring regulatory complexity,'' The Journal of Financial 
Economics, 174, 104186 (December 2025) (``Colliard and Georg 
(2025)''), https://doi.org/10.1016/j.jfineco.2025.104186.
    \690\ Prasanna Gai, Malcolm Kemp, Antonio Sanchez Serrano & 
Isabel Schnabel, ``Regulatory complexity and the quest for robust 
regulation,'' SUERF Policy Note, 86 (July 2019) (``Gai et al. 
(2019)''), https://www.suerf.org/publications/suerf-policy-notes-and-briefs/regulatory-complexity-and-the-quest-for-robust-regulation/.
---------------------------------------------------------------------------

7. Microprudential Consequences of the Proposals
    As discussed in section VII.B.1, the proposed revisions to the 
calculation of risk-weighted assets and the G-SIB surcharge are 
projected to reduce the capital requirements of Category I and II 
banking organizations by about 2.7%. This projected change is primarily 
from the GSIB surcharge proposal, while the proposed changes to the 
calculation of risk-weighted assets leaves capital requirements 
approximately unchanged. When combined with the effects of the proposed 
changes to stress test model

[[Page 15132]]

and scenarios, common equity tier 1 requirements for Category I and II 
banking organizations are projected to decline by a moderate 5.1%. 
Furthermore, the proposed changes to risk weights are expected to lower 
common equity tier 1 requirements for Category I and II depository 
institutions by about 5.3%.
    These lower capital requirements could moderately reduce these 
banking organizations' ability to withstand financial stress, 
marginally increasing their risk of failure. Specifically, reducing 
capital requirements could increase the size and likelihood of losses, 
thereby shifting losses from shareholders to creditors and the Deposit 
Insurance Fund in the event that the FDIC is required to resolve the 
insured depository institution. Category I and II depository 
institutions remain subject to heightened supervisory and regulatory 
standards. Additionally, the parent GSIBs remain subject to resolution 
planning requirements, designed to facilitate rapid and orderly 
resolution under the U.S. Bankruptcy Code. The resolution plans of 
GSIBs envision a single-point-of entry strategy, under which parent 
GSIBs would enter resolution while material subsidiaries, including 
insured depository institutions, continue to operate on a going-concern 
basis and therefore would not enter FDIC receivership requiring the use 
of Deposit Insurance Fund resources. Finally, as the tier 1 leverage 
ratio is included in the pricing methodology for large banks, 
assessments paid by Category I and II depository institutions may 
increase if tier 1 capital declines as a result of the proposal, 
partially offsetting any additional losses to the Fund that might 
occur. While the combined proposals maintain a strong level of capital 
in the regulatory framework and the proposed changes are expected to 
support financial intermediation by covering banking organizations, 
these microprudential effects are a potential cost of the combined 
proposals.

D. Effects on Lending (Including Credit Cards, Residential Mortgages, 
and Business Lending)

    Lending is a cornerstone of banking and an essential source of 
financing to households and businesses through which banking 
organizations fulfill their fundamental economic role of intermediating 
between savers and borrowers. For Category I and II banking 
organizations, lending encompasses a diverse range of products 
including consumer loans such as credit cards, auto loans, student 
loans, and personal loans; commercial loans to corporations, small 
businesses, and financial institutions; as well as residential 
mortgages, exposures to GSEs, and commercial real estate loans. Lending 
supports economic growth by enabling capital formation, business 
expansion, and household wealth-building through homeownership and 
other forms of credit access. Given the importance of lending to the 
broader economy, this section analyzes the potential economic effects 
of the proposal on lending by Category I and II banking organizations.
    The agencies provided the overall impact of the proposal on lending 
activity and the marginal effects of other proposals in section VII.C. 
In this section, the agencies examine specific lending segments--
including credit cards, residential mortgages, and corporate loans to 
provide additional insights on the costs and benefits of the proposal 
for these segments.
1. Credit Cards
    As explained in section IV.A.3.b, the proposal's impact on credit 
card exposures varies by borrower repayment history and credit line 
utilization. The current standardized approach applies a 100 percent 
risk weight to the drawn, on-balance sheet portion of all credit card 
exposures, while generally a zero percent credit conversion factor 
(CCF) would apply to the undrawn portion of the exposure. The proposal 
differs in three ways (see sections IV.A.2.d and IV.A.3). First, risk 
weights would vary by the obligor's repayment history: 45 percent for 
transactor exposures and 75 percent for non-transactor exposures 
(revolvers). Second, a 10 percent CCF would apply to the unutilized 
portion of all credit lines that are unconditionally cancelable 
commitments. Third, operational risk capital requirements would reflect 
interest-earning assets, net interest income, fee income, and fee 
expenses associated with credit cards.\691\
---------------------------------------------------------------------------

    \691\ As discussed in detail in section VII.D, operational risk 
capital requirements would result from interest-earning assets, net 
interest income, fee income, and fee expenses associated with credit 
cards. Based on the figures presented in Table VII.6 of section 
VII.D, the agencies estimate that operational risk capital 
requirements for credit card exposures, which are a subset of retail 
lending, would be equivalent to approximately 20 percentage points 
when expressed as an add-on to credit risk weights. This estimate 
reflects the ratio of operational risk RWAs to credit risk RWAs for 
retail exposures ($172 billion/$840 billion).
---------------------------------------------------------------------------

    The proposal's differential treatment of credit cards that are 
retail exposures reflects a more risk-sensitive approach compared with 
the current standardized approach's uniform 100 percent risk weight:
    Non-transactor exposures: The proposal's impact depends on 
utilization rates. Accounts with lower utilization would generally face 
higher capital requirements because applying a 10 percent credit 
conversion factor to the large unused portion of the credit line, 
combined with operational risk-weighted assets, more than offsets the 
benefit of the reduced credit risk weight. Accounts with higher 
utilization may face lower capital requirements, as the reduced credit 
risk weight (75 percent compared with the current 100 percent) applied 
to the large drawn portion more than offsets the capitalization of the 
small unused portion, although operational-risk add-ons would partially 
offset this reduction.
    Transactor exposures: Similarly, the proposal's impact varies 
significantly by utilization rates. Transactor exposures with lower 
utilization could still face higher capital requirements despite the 
reduced credit risk weight (45 percent compared with the current 100 
percent), primarily because capitalizing their substantial unused 
commitments dominates the calculation. Accounts with higher utilization 
would benefit from lower capital requirements, as the substantially 
reduced credit risk weight more than offsets the capitalization of 
unused commitments and operational-risk add-ons.
    The proposal would align capital requirements more closely with the 
underlying credit risk across borrower types and usage patterns. This 
risk-sensitive framework would provide incentives for banking 
organizations to differentiate among credit card exposures based on 
repayment behavior, enhancing the risk-responsiveness of regulatory 
capital requirements for retail exposures.
2. Residential Mortgages
    The proposal includes several provisions that may impact mortgage 
lending activities, such as traditional originate-to-hold lending, 
originate-to-distribute lending, investing in mortgage-backed 
securities, funding nonbank mortgage lenders and servicers, and 
servicing of loans both held in portfolio and in mortgage-backed 
security pools. In this section, the agencies analyze how the proposal 
could affect mortgage activities.
    The proposal would enhance risk sensitivity in the treatment of 
residential mortgage loans, whether originated by the banking 
organization or purchased from another lender. Under the current 
standardized approach, a prudently underwritten first lien residential 
mortgage on a property that is either owner-occupied or rented

[[Page 15133]]

generally receives a 50 percent risk weight; other mortgages receive a 
100 percent risk weight. The proposal would assign risk weights to the 
former category (generally regulatory residential real estate exposures 
under the proposal) based on the LTV ratio of the mortgage, among other 
factors.\692\
---------------------------------------------------------------------------

    \692\ The proposal would also assign risk weights for 
residential mortgage exposures based on whether the residential real 
estate loan is dependent on cash flows from the property for 
repayment of the loan. For purposes of this analysis, the agencies 
have restricted the sample to primary residence loans (HMDA 
occupancy field = 1), excluding any investment properties from the 
sample.
---------------------------------------------------------------------------

    To better understand which types of borrowers are more reliant on 
mortgages with high LTV ratios, the agencies conducted an analysis of 
Home Mortgage Disclosure Act (HMDA) data collected by the Federal 
Financial Institutions Examination Council (FFIEC) and the Consumer 
Financial Protection Bureau.\693\ The institutions reporting these data 
include the universe of depository and non-depository mortgage lenders 
that extend more than a minimal number of loans in any metro area. The 
data are at the applicant level, and the analysis focuses on originated 
first-lien purchase mortgages. The data include information about both 
the institutions that originated the loans and whether a loan was sold 
or securitized.\694\
---------------------------------------------------------------------------

    \693\ Data represent the most comprehensive available source of 
loan-level information on U.S. mortgage market activity. Originally 
enacted by Congress in 1975 and implemented through Regulation C, 
HMDA requires many financial institutions to maintain, report, and 
publicly disclose detailed mortgage lending information. The dataset 
serves three primary purposes: (1) assessing whether lenders 
adequately serve their communities' housing needs, (2) providing 
public officials with data-driven insights for policy decisions, and 
(3) identifying potentially discriminatory lending patterns. To 
protect applicant and borrower privacy, the publicly available data 
are modified before release. See Consumer Financial Protection 
Bureau & FFIEC, ``Home Mortgage Disclosure Act: HMDA Data 
Publication'' (downloaded on October 1, 2025; most recent available 
loan data sets from Jan. to Oct. 2023) (``HMDA Data (2023)''), 
https://ffiec.cfpb.gov/data-publication/2023.
    \694\ The data also include information on loan size, 
origination LTV ratio, borrower income and race/ethnicity, and the 
income and racial composition of the borrower's neighborhood. While 
a version of the data is public, the analysis utilized a 
confidential version to better identify which loans were sold. See 
Consumer Financial Protection Bureau & FFIEC, ``Home Mortgage 
Disclosure Act: Public HMDA--LAR Data Fields'' (accessed on October 
1, 2025), https://ffiec.cfpb.gov/documentation/publications/loan-level-datasets/lar-data-fields.
---------------------------------------------------------------------------

    The results of this analysis are presented below in Table VIII.4. 
The discussion of results to follow focuses mainly on Panel A. Panel B 
of Table VIII.4 reproduces the analysis using loan dollar volumes as 
opposed to loan counts, with broadly consistent results. The first 
column presents the total number of loans originated. The second column 
shows average LTV ratios at origination by borrower or loan type. 
Columns three through five present origination market shares by 
Category I and II banking organizations, other banking organizations 
(including credit unions solely for this purpose), and nonbank lenders, 
respectively. Column six shows the share of mortgages held in 
portfolio, meaning whole loans funded long-term on the balance sheet, 
by Category I and II banking organizations.\695\ The last column 
applies the proposal's LTV-based risk weights to all originated loans 
extended to each borrower or loan type, as though they were all held on 
these banking organizations' balance sheets.\696\ These reflect credit 
risk-weighted assets only. The rows break down results by borrower 
income and loan type. Below, the agencies make comparisons 
incorporating implied operational risk-weighted assets.
---------------------------------------------------------------------------

    \695\ The agencies estimated borrower characteristics for loans 
purchased by Category I and II banking organizations from loan 
origination records. This was necessary as records of loan purchases 
by covered banking organizations from other lenders typically do not 
include borrower demographic data. This allows a breakdown of the 
share of whole loans held longer term on covered banking 
organization balance sheets in the second to last column. To 
estimate demographic data for purchased loans, the agencies sorted 
both originated and purchased loans into 96 bins based on three 
characteristics: loan-to-value ratio (LTV), census tract median 
income relative to the loan's MSA or MD median income, and the 
percentile of a loan's property value relative to other loans in the 
same MSA or MD. Specifically, loans were categorized using six LTV 
tranches (0 to 50 percent, greater than 50 to 60 percent, greater 
than 60 to 80 percent, greater than 80 to 90 percent, greater than 
90 to 100 percent, and greater than 100 to 120 percent); four MSA-
based income tranches (census tract income less than 0.5 times MSA/
MD median income, 0.5 to less than 0.8 times, 0.8 to less than 1.2 
times, and 1.2 times or greater); and four MSA-based home price 
tranches based on property value percentiles within each MSA or MD 
(0 to 25th percentile, greater than 25th to 50th percentile, greater 
than 50th to 75th percentile, and greater than 75th percentile). For 
originated loans in each bin, the agencies calculated the share that 
ended up funded as portfolio loans of Category I and II banking 
organizations. This share was then applied as the probability that 
purchased loans in the same bin would be funded as portfolio loans 
by these banking organizations. Additionally, all loans in the 
sample--both originated and purchased--were limited to first-lien, 
home-purchase loans for one-unit, owner-occupied, one- to four-
family housing (excluding manufactured homes), and excluded open-end 
lines of credit and reverse mortgages.
    \696\ This approach implicitly assumes that changes in risk 
weights affect all issuance, regardless of whether a particular loan 
will be held on balance sheet.
---------------------------------------------------------------------------

    The rows of the table break out the results by different borrower 
and loan types. Rows two and three divide mortgages into those taken by 
low-to-moderate income (LMI) and higher income borrowers. Rows four and 
five divide mortgages by loan size, specifically into jumbo (that is, 
those above the loan size limits set by the GSEs for their loan 
purchases and securitizations) and non-jumbo. Rows six and seven 
segment conventional loans from non-conventional, where the latter are 
loans available only to specific borrowers as specified by various 
sponsor agencies.\697\ These mortgages are frequently extended with 
ultra-low down payments and securitized into Ginnie Mae mortgage-backed 
securities.\698\
---------------------------------------------------------------------------

    \697\ The sponsor agencies are predominantly the Federal Housing 
Administration, Department of Veterans Affairs, and the United 
States Department of Agriculture.
    \698\ See Government National Mortgage Association (Ginnie Mae), 
``Programs and Products,'' https://www.ginniemae.gov/about_us/what_we_do/Pages/programs_products.aspx (accessed [1/6/2026]).

---------------------------------------------------------------------------

[[Page 15134]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.115


[[Page 15135]]


[GRAPHIC] [TIFF OMITTED] TP27MR26.116

    Although Category I and II banking organizations extend a large 
number of mortgages, their market share is low both in absolute terms 
and particularly in comparison to their overall footprint in the 
banking sector. From Table VIII.4 Panel A, Category I and II banking 
organizations originate only 4 percent of mortgages and fund only 3 
percent of mortgages as portfolio loans (as seen in row one of columns 
three and six), compared to the 30 percent for the other banking 
organizations (column four). As seen in row four in Panel A (or 7 
percent relative to 31 percent by dollars of loan volume in Panel B), 
Category I and II banking organizations originate and fund a much 
larger share of jumbo loans. Comparing column two of rows two and three 
indicates that higher- and lower-income borrowers obtain mortgages with 
similar LTV ratios on average.
---------------------------------------------------------------------------

    \699\ See HMDA Data Publication, https://ffiec.cfpb.gov/data-publication. HMDA data are published with a significant delay. The 
data used in the analysis are the most recent data available at the 
time of this analysis.
---------------------------------------------------------------------------

    The last column of Table VIII.4 shows the average credit risk 
weight that would apply to each segment of loans under the expanded 
risk-based approach. For example, in Panel A, the 42 percent average 
risk weight in row two of column seven for low-to-moderate income 
borrowers is calculated based on the distribution of LTV ratios for all 
mortgages extended to low-to-moderate income borrowers in the data, 
whether they were originated by Category I and II banking 
organizations, other banking organizations, or nonbanks.
    To characterize the total impact of the proposal, the agencies also 
convert the operational risk-weighted assets attributable to these 
loans into an effective additional risk weight. More specifically, as 
described in section VII.D, the agencies estimate operational risk-
weighted assets based on exposures' contribution to each component of 
the operational risk business indicator. These estimated operational 
risk-weighted assets are then divided by the total balance sheet 
exposures in the residential mortgage market to determine the effective 
additional risk weight. This methodology yields an implied interest 
income operational risk weight add-on of around 4 percent on average 
across Category I and II banking organizations.\700\
---------------------------------------------------------------------------

    \700\ As noted above for credit cards, the operational risk 
weight add-on does vary across Category I and II banking 
organizations and over time for the same organization depending on 
whether recent net interest margins are above or below the 2.25 
percent ceiling. When below, the effective operational risk weight 
depends on the net interest margin of the particular activity, which 
for mortgages is relatively moderate.
---------------------------------------------------------------------------

    In line with the decline in aggregate risk-weighted assets for 
residential mortgages under the proposal, estimated

[[Page 15136]]

effective risk weights, inclusive of operational risk, would be stable 
or falling for almost all types of mortgage borrowers relative to the 
50 percent risk weight in the current standardized approach. For 
instance, for low-to-moderate income borrowers (second row), the total 
equivalent risk weight under the proposal would be 46 percent (42 
percent from credit risk and 4 percent from operational risk). 
Therefore, effective risk weights would be lower than the 50 percent 
risk weight applicable under the current standardized approach for most 
types of borrowers. Jumbo loans would see the largest reduction, with 
average risk weights more than 10 percentage points lower than the 
current standardized approach. Non-conventional loans would see an 
increase in average risk weights. However, because these loans are for 
the most part not originated by Category I and II banking 
organizations, this change would have limited practical impact.
    In addition to lowering average risk weights at origination for 
portfolio mortgages, the expanded risk-based approach would also 
include additional risk sensitivity relative to the current 
standardized approach as the LTV-based tables allow further decreases 
in risk weights over time as mortgages are paid down. That is, the 
proposal better accounts for amortization through reduced risk weights 
as mortgages migrate to lower LTV ratio buckets over time. These 
amortization provisions would support mortgage lending, particularly 
under the originate-to-hold model.
    The agencies supervise banking organizations' mortgage underwriting 
in accordance with the Interagency Guidelines for Real Estate 
Lending.\701\ These guidelines assist banking organizations in 
formulating and maintaining a real estate lending policy that satisfies 
supervisory expectations and is appropriate to the banking 
organization. For mortgages with an LTV ratio at or above 90 percent at 
origination, the guidelines recommend that banking organizations 
require appropriate credit enhancements, including private mortgage 
insurance or readily marketable collateral. Under both the current 
standardized approach and the proposed expanded risk-based approach, 
mortgages that do not meet the standards in the guidelines receive a 
100 percent risk weight, while prudently underwritten mortgages receive 
lower risk weights, which would vary by LTV ratio under the proposal. 
Therefore, the proposal would not lower risk weights for higher-risk 
mortgages.
---------------------------------------------------------------------------

    \701\ See Interagency Guidelines for Real Estate Lending, 12 CFR 
part 34 subpart D app. A (OCC); Interagency Guidelines for Real 
Estate Lending Policies, 12 CFR part 208 app. C (Board); Interagency 
Guidelines for Real Estate Lending Policies, 12 CFR part 365 subpart 
A app. A (FDIC).
---------------------------------------------------------------------------

    Many banking organizations that would be subject to the expanded 
risk-based approach extend mortgages under an originate-to-distribute 
business model. The introduction of operational risk-weighted assets 
for these activities under the proposal could lead these banking 
organizations to reduce this activity if, for example, such 
requirements lead to higher funding costs and these banking 
organizations are unable to raise mortgage margins to compensate in 
what is a competitive market. In the originate-to-distribute business 
model, the banking organization underwrites a loan following the 
standards of the GSEs, Ginnie Mae sponsor agencies, or private label 
mortgage-backed securities issuers and sells the mortgage to a 
securitizer, holding it on balance sheet for a short period, often only 
a matter of weeks. Profits in this business line are largely 
attributable to the prices offered by mortgage-backed security 
investors, origination fees, and the valuation of the servicing rights 
generated by the origination and sale of the mortgage. Under the 
proposal, this noninterest income would generate operational risk-
weighted assets. Fuster et al. (2013) develop a methodology to measure 
average originator profits and use it to produce a monthly series. Over 
the past 10 years, the measure has averaged 2.75 percent of originate-
to-distribute loan volumes.\702\ Although a lack of granular data on 
noninterest expenses prevents a precise quantification, the agencies 
expect residential real estate lending activities to generate about 
$100 billion in aggregate operational risk-weighted assets at Category 
I and II banking organizations, with about $26 billion of that 
attributable to noninterest income.\703\
---------------------------------------------------------------------------

    \702\ See Andreas Fuster, Laurie Goodman, David Lucca, Laurel 
Madar, Linsey Molloy, & Paul Willen, ``The Rising Gap Between 
Primary and Secondary Mortgage Rates,'' 19 Federal Reserve Bank of 
New York Economic Policy Review 17, 17-39 (Dec. 2013) (``Fuster et 
al. (2013)''), https://www.newyorkfed.org/research/epr/2013/execsum_fust.html. The Fuster et al. (2013) methodology remains 
valid under Basel III as it measures originator margins using 
observable market prices rather than regulatory models. The authors 
explicitly tested the framework's robustness to Basel III capital 
treatment changes (see Fuster et al. 2013, section 4.1, pp. 31-32).
    \703\ See sections VII.C and VII.D for further discussion and 
detail on the attribution of risk-weighted assets by banking 
activity and for detail on the methodology, respectively.
---------------------------------------------------------------------------

    Lax underwriting standards in the pre-financial crisis period 
resulted in the GSEs requiring originating banking organizations to 
repurchase large quantities of non-performing mortgages.\704\ The risks 
posed to banking organizations by so-called putback requests, along 
with legal actions, including for potential fair lending violations, 
are risks of the originate-to-distribute business model. Even though 
these mortgages are only briefly held on balance sheet, they entail 
ongoing risk of operational losses throughout their term. Because risk 
weights on portfolio mortgages under the proposal would tend to be 
lower than under the current standardized approach while income from 
mortgage securitization activities would now generate an operational 
risk requirement, Category I and II banking organizations may tilt 
their mortgage exposures somewhat towards portfolio lending and away 
from originate-to-distribute lending, depending on the strength of this 
incentive.\705\
---------------------------------------------------------------------------

    \704\ See Laurie S. Goodman and Jun Zhu, ``Reps and Warrants: 
Lessons from the GSEs Experience,'' 24 Journal of Fixed Income 29, 
29-41 (June 2014) (``Goodman and Zhu (2014)''), https://www.pm-research.com/content/iijfixinc/24/1/29.
    \705\ See section VII.D. for a description of how operational 
risk-weighted assets are attributed across banking activities. 
Noninterest income associated with mortgage securitization activity 
is within items 14E through N of FR Y14Q Schedule G.
---------------------------------------------------------------------------

    Banking organizations are significant funders of nonbank mortgage 
lenders via warehouse lines of credit.\706\ The impact of the proposal 
on warehouse lending depends on several factors, including the 
application of the securitization framework to the exposures. On the 
one hand, this lending could be affected by proposed changes to the 
risk weights for certain corporate borrowers and credit conversion 
factors for off-balance sheet commitments.\707\ To that end, the 
proposal's effects on warehouse lending could vary depending on the 
creditworthiness of the nonbank

[[Page 15137]]

borrowers and the structure of the lending arrangements. If warehouse 
lending counterparties qualify as investment-grade borrowers, they 
would receive more favorable risk weights under the proposal compared 
to non-investment-grade counterparties.
---------------------------------------------------------------------------

    \706\ See Erica Xuewei Jiang, ``Financing competitors: Shadow 
banks' funding and mortgage market competition,'' The Review of 
Financial Studies 36, no. 10 (2023): 3861-3905, https://doi.org/10.1093/rfs/hhad031.
    \707\ The expanded risk-based approach would apply lower risk 
weights, relative to the current standardized approach, for 
investment grade corporate counterparties (65 percent vs. 100 
percent). It would also apply a different treatment to commitments, 
where the standardized approach applies a 20 percent credit 
conversion factor to commitments with an original maturity of one 
year or less that are not unconditionally cancellable by the banking 
organization and a 50 percent credit conversion factor to 
commitments with an original maturity of more than one year that are 
not unconditionally cancellable by the banking organization. The 
expanded risk-based approach would apply a uniform 40 percent credit 
conversion factor to these exposures regardless of their maturity.
---------------------------------------------------------------------------

    On the other hand, both under the current framework and the 
proposal, mortgage warehouse lending can be treated as a securitization 
exposure rather than a corporate exposure when the structure meets the 
relevant criteria--typically based on the level of 
overcollateralization and the use of special-purpose entities. Further, 
the proposed securitization framework would generally require less 
capital under the credit risk framework and so the proposal would 
likely continue to incentivize extension of credit by banking 
organization to mortgage warehouse lenders using such structures.
    In a lender's decision to make a mortgage loan, the profitability 
from a mortgage servicing asset, which is generated when a mortgage is 
securitized, is part of the economic consideration. With performing 
loans, mortgage servicers collect borrowers' monthly payments and 
handle escrow for property tax and insurance payments. For non-
performing loans, servicers must both work with borrowers to 
potentially amend payment plans and continue making tax and insurance 
payments and, in some cases, continue forwarding expected loan payments 
to mortgage-backed securities investors that, in the event of 
foreclosure, may not be recouped for some time.
    Under the current standardized approach, Category I and II banking 
organizations must deduct MSAs from CET1 capital when they exceed 10 
percent of CET1 capital individually or 15 percent in aggregate with 
other threshold items, with any non-deducted portions receiving a 250 
percent risk weight. The proposal would eliminate this deduction 
requirement, instead applying a 250 percent risk weight to all MSAs.
    The removal of capital deductions for mortgage servicing rights 
would incentivize Category I and II banking organizations to expand 
mortgage servicing activity. Eliminating the deduction requirement 
would significantly reduce the regulatory disincentives for maintaining 
such assets, which may contribute to a more active secondary market for 
mortgage servicing rights as banking organizations face fewer capital 
constraints when holding these assets.
    While maintaining the 250 percent risk weight acknowledges MSAs' 
inherent risk due to interest rate sensitivity and complexity, the 
proposed treatment could alter capital allocation decisions. This would 
create opportunities for deployment of capital that would otherwise be 
restricted under the current framework; the agencies would continue 
monitoring MSA concentration and market value volatility during periods 
of economic stress.\708\
---------------------------------------------------------------------------

    \708\ See the 2016 agencies report available at: https://www.federalreserve.gov/publications/other-reports/files/effect-capital-rules-mortgage-servicing-assets-201606.pdf.
---------------------------------------------------------------------------

    Taken together, the proposal would enhance risk sensitivity in 
residential mortgage lending by implementing more granular risk weights 
based on loan characteristics like LTV ratios and credit quality. The 
proposal is also expected to have a positive impact on the availability 
of mortgage credit relative to the current standardized approach. In 
part, the limited expected impact comes from Category I and II banking 
organizations originating fewer than 10 percent of residential 
mortgages and holding less than that as portfolio loans. The proposal 
would decrease funding costs for most portfolio lending operations 
undertaken by Category I and II banking organizations, by increasing 
risk sensitivity of capital requirements for mortgages compared to the 
current standardized approach. Category I and II banking organizations 
may consider these shifts in incentives among other factors when 
deciding their future participation in these activities.
3. Corporate Loans
    The current standardized approach requires banking organizations to 
assign a 100 percent risk weight to all corporate loan exposures. Off-
balance-sheet exposures, substantially consisting of unutilized 
portions of credit lines, are subject to requirements through credit 
conversion factors.
    The application of credit conversion factors under the current 
standardized approach varies based on the nature and duration of the 
commitment. For commitments that are not unconditionally cancelable, 
the credit conversion factor depends on the original maturity: those 
with an original maturity of one year or less are assigned a 20 percent 
credit conversion factor, while those exceeding one year receive a 50 
percent credit conversion factor. Commitments that are unconditionally 
cancellable receive a zero percent credit conversion factor.
    The proposed expanded risk-based approach would enhance risk 
sensitivity by allowing banking organizations to assign lower risk 
weights (65 percent versus current 100 percent) to loans to investment-
grade corporate borrowers based on internal ratings. Further, the 
proposal would apply a 10 percent credit conversion factor to 
unconditionally cancellable commitments, and apply a flat 40 percent 
credit conversion factor to commitments that are not unconditionally 
cancellable regardless of maturity. As mentioned above, the proposal 
would also introduce operational risk-weighted assets attributed to the 
interest and fee income associated with loans and credit lines.
    Applying differentiated risk weights to investment-grade and non-
investment-grade exposures increases the risk sensitivity of the 
framework by distinguishing between varying exposure risks. Banking 
organizations can leverage their existing risk management frameworks 
through internal ratings systems for determining investment-grade 
status. This more granular risk assessment approach could better align 
capital with actual risk exposures.
    Since differentiation would be based on individual organizations' 
internal credit risk models, there could be variability in requirements 
for similar risks. The proposal addresses this by setting expectations 
for investment-grade determinations when applying the 65 percent risk 
weight. Robust supervisory oversight would help ensure appropriate 
application of investment-grade criteria and prevent banking 
organizations from using this framework to grant lower risk weights to 
riskier loans.
    The internal ratings systems used for determining investment-grade 
status undergo ongoing refinement and validation, helping ensure 
appropriate capital levels through different economic conditions. The 
agencies estimate a meaningful reduction in capital requirements for 
affected institutions, based on applying a 35 percentage point reduced 
risk weight to applicable investment-grade exposures.
    As described in section VII.D.1.c, based on data from the special 
data collection, an estimated 53 percent of balance-sheet corporate 
exposure and 60 percent of off-balance-sheet corporate exposure is 
classified as investment-grade and would be risk-weighted at 65 percent 
under the proposal for Category I and II banking organizations. This 
expanded scope would likely result in a more efficient allocation of 
capital, with the potential for banks to pass some capital relief to 
borrowers in the form of reduced borrowing costs or

[[Page 15138]]

increased credit availability for investment-grade corporations. The 
more targeted approach to risk weighting may encourage lending to 
financially sound corporations, supporting productive economic activity 
while still maintaining appropriate capital buffers against potential 
losses.
    The proposed changes to credit conversion factors present a mixed 
impact on capital requirements for individual loans. The implementation 
of a flat 40 percent credit conversion factor for commitments that are 
not unconditionally cancellable would decrease capital requirements for 
longer-term commitments (previously at 50 percent) while increasing 
requirements for shorter-term commitments (previously at 20 percent). 
This change would likely encourage banks to provide more long-term 
credit compared with the current framework, potentially benefiting 
businesses seeking stable, longer-term financing arrangements. The 
standardization could also simplify regulatory compliance while 
providing incentives for longer-duration lending that may better match 
the funding needs of many corporate borrowers. The introduction of a 10 
percent credit conversion factor for unconditionally cancellable 
commitments would increase capital requirements for these exposures, 
which currently receive a 0 percent factor. While this change better 
recognizes the inherent risk in such commitments, it could also lead to 
adjusted pricing or terms for certain credit products, particularly 
revolving credit facilities.
    In sum, the proposed expanded risk-based approach represents an 
enhancement to the current standardized approach by improving risk 
sensitivity through differentiated treatment of corporate exposures 
based on creditworthiness. It also streamlines the approach to off-
balance-sheet exposures and incorporates operational risk requirements. 
The agencies' analysis suggests that Category I and II banking 
organizations would experience a decrease in their overall capital 
requirements for these exposures, potentially leading to increased 
lending activity. The proposal also creates incentives for longer-term 
lending by equalizing credit conversion factors across maturity bands. 
These changes, implemented within the existing supervisory framework, 
aim to create a more risk-sensitive capital regime that supports 
economic activity.

E. Effects on Trading

    This part of the economic analysis studies the potential effects of 
the proposal on the trading businesses of banking organizations and the 
resulting potential effects on end users and markets. On a standalone 
basis, this proposal would raise the capital required for trading. 
Taken together with the proposals to change to the GSIB surcharge and 
supervisory stress test models, the combined impact is estimated to be 
a 9.2 percent increase in common equity tier 1 capital for Category I 
and II banking organizations (see table VII.7) and a small impact on 
non-Category I and II banking organizations (see discussion in section 
VII.A.1).
    Trading activity exposes banking organizations to market risk, 
counterparty credit risk, CVA risk, and operational risk. This proposal 
makes changes to how each of these risks are capitalized. There are 
major revisions to the market risk framework which would affect 
incentives for banking organizations' hedging strategies and risk 
modelling methods. Proposed changes to the credit risk framework would 
somewhat reduce counterparty credit risk-weighted assets. CVA and 
operational risk-weighted assets would be required for many banking 
organizations, whereas these are currently not part of the standardized 
approach that generally determines capital requirements today.
    The proposal would have different impacts on banking organizations 
depending on their size. Category I and II banking organizations are 
key participants in the capital markets and conduct the majority of 
trading among banking organizations. These banking organizations have 
diversified trading businesses, which can provide substantial 
diversification benefits even in stress periods. The proposed market 
risk framework intentionally limits the recognition of diversification 
across risk classes and adds a layer of conservatism for non-modellable 
risk factors. Due primarily to these two features, this proposal would 
increase market risk-weighted assets for Category I and II banking 
organizations by 20 percent (see table VII.2 in section VII.A). 
However, the cumulative effect inclusive of the GSIB surcharge proposal 
and stress test changes is projected to be a 5.8 percent decrease in 
the common equity tier 1 capital requirements associated with market 
risk (see table VII.4 in section VII.B.2). The reduction is largely due 
to changes to the global market shock that would reduce the liquidity 
horizons used to calibrate risk-factor shocks and offset the increase 
in market risk-weighted assets. This change to the global market shock 
would be expected to increase banking organizations' incentives to 
participate in trading.
    This proposal also makes significant changes to the frameworks for 
CVA and operational risk-weighted assets. These are currently 
explicitly included in the advanced approaches calculation, but not in 
the standardized approaches calculation which is most often the binding 
constraint. Under the proposal, all Category I and II banking 
organizations would be required to include them. The CVA and 
operational risk-weighted assets associated with trading activity can 
be seen in table VII.6. The impact due to their inclusion is 
significantly larger than the proposed changes in market risk-weighted 
assets. Overall risk-weighted assets for trading-related activities of 
Category I and II banking organizations would rise 30.9 percent (see 
table VII.5). Despite this significant increase in risk-weighted 
assets, when considering the other proposals, in particular the 
proposed changes to the global market shock, the combined impact on 
capital requirements would be a moderate 9.2 percent.
    In contrast, this proposal will have a smaller impact on non-
Category I and II banking organizations. Some of these have significant 
trading activity and must calculate market risk-weighted assets. The 
proposed changes to the market risk framework would result in a 39 
percent decrease in market risk-weighted assets for non-Category I and 
II banking organizations.\709\ This decrease is likely attributable to 
increased recognition of credit and equity hedges in the proposal 
relative to the current standardized specific risk charge, which is 
highly conservative and typically used by relatively smaller banking 
organizations . However, a few non-Category I and II banking 
organizations also have substantial exposure to over-the-counter 
derivatives, and under the proposal they would begin to include CVA 
risk-weighted assets. Not every banking organization would be subject 
to both requirements, but in the aggregate they offset each other. 
Finally, some non-Category I and II banking organizations might elect 
to use the expanded risk-based approach, in which case they would be 
required to also calculate operational risk-weighted assets for trading 
activity.
---------------------------------------------------------------------------

    \709\ These impacts of changes to market and CVA risk-weighted 
assets for non-Category I and II banking organizations are not 
stated separately in section VII.A.1, but are calculated using the 
same underlying bank-specific impacts and methodology.
---------------------------------------------------------------------------

    Under the proposal, total risk-weighted assets related to trading 
activity by non-Category I and II

[[Page 15139]]

banking organizations would increase by 0.9 percent (see discussion in 
section VII.A.1). The proposed change to the GSIB surcharge does not 
affect these banking organizations. The impact of the proposed 
revisions to the supervisory stress is expected to be small since most 
non-Category I and II banking organizations are not subject to the 
global market shock.
    The post-implementation change in trading-related capital 
requirements could be lower than these estimates as banking 
organizations could optimize requirements under the proposal, including 
by changing their trading activities and modeling approaches.
    The agencies expect the proposal would increase the resilience of 
banking organizations by better aligning capital requirements with risk 
in several ways. Replacing the Value at Risk (VaR)-based measure of 
market risk with an expected shortfall-based measure better reflects 
the tail risk of extreme events, especially for portfolios with non-
normal return distributions. Replacing the current uniform 10-day 
liquidity horizon with varying horizons would better account for market 
illiquidity during stress periods and the risk that difficult-to-trade 
positions may lose more value as they remain on balance sheets longer. 
The more conservative recognition of diversification within the 
proposed framework would aim to capture the risk that historical 
correlations between risk factors may not hold in stress periods. The 
inclusion of equities within the default risk capital requirement would 
account for the possibility of the value of an equity falling to zero.
    Finally, the proposed framework would better address model risk 
relative to the current framework. The proposal would hold the internal 
models used by banking organizations to a higher standard by 
introducing new tests of model performance while explicitly recognizing 
that some risk factors are not modellable. In addition, the proposal's 
introduction of a standardized approach would offer a conservative 
alternative for banking organizations that choose not to use internal 
models and serves as a fallback method when internal models perform 
poorly.
    The agencies expect that capital requirements under the proposed 
framework would be substantially less procyclical, which would help to 
preserve the availability of intermediation during periods of financial 
stress. The current market risk framework is more procyclical because 
current period VaR is a substantial component of capital requirements 
and it generally rises during market stress, increasing market risk 
capital requirements and the cost of intermediation. The proposed 
market risk framework is calibrated based on historic stressed market 
conditions and, therefore, will tend to increase less under new 
stressed conditions, resulting in a less procyclical capital 
requirements.\710\
---------------------------------------------------------------------------

    \710\ While the structure of the proposed framework avoids 
direct procyclicality, some components might indirectly contribute a 
degree of procyclicality for banking organizations using the models-
based method. Stressed market conditions could cause these banking 
organizations to fail backtests or the profit and loss attribution 
test, which could potentially increase the banking organization's 
backtesting multiplier or force some modeled desks to revert to the 
standardized approach (or add a surcharge). Such market conditions 
might also increase the number of non-modellable risk factors.
---------------------------------------------------------------------------

    The following sections focus on how capital requirements are likely 
to change on average across different trading activities, and how 
changes in capital requirements for trading activities would generally 
affect banking organizations, end users, and markets.
1. Changes in Capital Requirements Across Different Trading Activities
    Because banking organizations engage in a broad range of trading 
activities, this section takes a high-level view of how general 
categories of trading activities would be affected under the proposal. 
The agencies expect substantial heterogeneity in the capital impacts 
across both banking organizations and trading activities. Different 
products and portfolios receive different treatments, which could lead 
to capital requirements rising for some banking organizations and 
falling for others depending on their trading portfolios. Capital 
impacts would also depend on banking organizations' use of models, both 
under the current framework and the proposal.
    Broadly, the agencies expect that capital requirements would be 
relatively higher for products that are exposed to risk factors that 
are less liquid, lack transaction data, or have complex payoff 
structures. Highly liquid and simple products would likely receive 
relatively lower capital requirements. Portfolios that are diversified 
across risk classes would receive less recognition of diversification 
compared to the current framework, which does not limit recognition of 
diversification between risk classes. Cross-asset-class hedges would 
also receive less recognition, likely leading to increases in risk-
weighted assets for trading strategies that make substantial use of 
them.
a. Illiquid Risk Factors
    Products with illiquid risk factors would be particularly affected 
by the proposal's introduction of variable liquidity horizons. Under 
the current framework, banking organizations estimate their risk over a 
10-day horizon, based on the assumption that they can trade or hedge 
the exposure within that time period (liquidity horizon). The proposal 
would introduce liquidity horizons that vary across risk factors and 
assign longer liquidity horizons to less liquid risk factors to better 
reflect the time needed to sell or hedge the exposure to such risk 
factors. These liquidity horizons are explicitly in the models-based 
measure and are implicitly used to calibrate risk weights in the 
standardized approach. Highly liquid risk factors, such as linear U.S. 
dollar interest rate risk exposure, would maintain a 10-day liquidity 
horizon, while less liquid risk factors, such as those reflecting 
volatility exposures, would have higher liquidity horizons that could 
reach a maximum of 120 days.
    The most liquid risk factors, with 10-day liquidity horizons, are 
generally interest rates for major currencies, foreign exchange rates 
for major currency pairs, and large cap equities. Products whose 
valuations are primarily affected by these risk factors would likely 
see limited impact from the proposed liquidity horizon revisions.\711\ 
The least liquid risk factors are implied volatilities, credit spreads, 
and many commodity prices. Thus, products whose valuations depend 
heavily on these risk factors, for example volatility swaps, would 
likely see larger capital requirement increases.
---------------------------------------------------------------------------

    \711\ Examples include vanilla interest rate and foreign 
exchange swaps as well as cash equities.
---------------------------------------------------------------------------

b. Market Data Availability
    Risk factors lacking sufficient reliable data on transaction prices 
would likely see an increase in capital requirements for banking 
organizations using the models-based approach due to the non-modellable 
risk factor framework.
    Within the models-based approach, a risk factor is modellable if it 
passes a qualitative test of data quality and a quantitative test of 
whether there is sufficient data from traded prices. If a risk factor 
passes the qualitative test, but fails the quantitative test, it is a 
Type A non-modellable risk factor. Otherwise, the risk factor is a Type 
B non-modellable risk factor.
    Non-modellable risk factors are capitalized by first computing 
standalone losses and then aggregating them based on a formula that 
imposes

[[Page 15140]]

assumptions about the correlations of those risk factors. Type A non-
modellable risk factors are included in the internal model capital 
charge, but are assumed to have zero correlation in the stressed 
expected shortfall to capture their inherently higher risks associated 
with model risk and illiquidity. Type B non-modellable risk factors are 
only included in the stressed expected shortfall, but are assumed to 
have a higher correlation of 0.36 with other Type B non-modellable risk 
factors. In most cases, non-modellable risk factors are expected to 
contribute to higher capital requirements.
    The non-modellable risk factor framework would have the largest 
impact on asset markets for which there is limited trade data, whether 
due to market illiquidity or limited access to transaction details. The 
agencies expect that highly liquid products with easily-available data, 
such as large cap stocks, would not be materially affected. Less liquid 
products, such as certain fixed income products, would likely see a 
bigger impact. Products whose values are sensitive to illiquid parts of 
curves or surfaces, such as implied volatilities that are far away from 
current implied volatility, would also likely be more affected.
c. Specific Risk
    The agencies expect that products with substantial exposures to 
specific risk would have reduced capital requirements, but only for 
banking organizations that currently use the standardized approach for 
calculating specific risk capital charges. Such organizations tend to 
be smaller. Specific risk accounts for risks that are not covered by 
systematic market factors, such as idiosyncratic equity or credit 
spread risk. The standardized approach for capturing specific risk in 
the current framework makes highly conservative assumptions that are 
not included in the proposed framework. In particular, the current 
standardized approach only recognizes the netting of idiosyncratic risk 
from the same issuer if the offsetting positions are in identical 
instruments. The proposal would recognize offsetting of risks to the 
same issuer across different issuances based on a correlation parameter 
that takes into account the issuer name, tenor differences, and curve 
basis risk. This change in the treatment of specific risk is likely one 
of the major reasons why non-Category I and II banking organizations 
that remain subject to market risk are projected to see market risk-
weighted assets decrease by 35 percent.\712\
---------------------------------------------------------------------------

    \712\ However, the proposed inclusion of CVA risk-weighted 
assets for banking organizations with over $1 trillion in OTC 
derivatives will offset the reduction in market risk-weighted assets 
for many of the non-Category I and II banking organizations. As 
noted above, the impacts of changes to market and CVA risk-weighted 
assets for non-Category I and II banking organizations are not 
stated separately in section VII.A.1, but are calculated using the 
same underlying bank-specific impacts and methodology based on the 
special collection.
---------------------------------------------------------------------------

d. Operational Risk
    Trading strategies with higher profits would likely see an increase 
in their capital requirements due to operational risk capital 
requirements. The noninterest component of operational risk capital 
requirements would depend on a formula that includes the absolute value 
of a measure that combines trading profits with profits from other 
sources. Typically, higher trading profits would increase operational 
risk capital requirements.
e. Risk Class Diversification
    The reduced recognition of diversification across risk classes 
under the proposal would likely raise capital requirements for 
portfolios containing exposures to risk factors from multiple risk 
classes. Currently, the market risk framework does not restrict 
recognition of diversification across risk classes, which means that 
the current market risk capital requirement reflects that banking 
organization's estimated diversification benefit based on the empirical 
correlation it uses for different risk classes. The proposal would 
entirely eliminate recognition of diversification across risk classes 
in the standardized non-default capital requirement and reduce the 
diversification benefit in the models-based non-default capital 
requirement.\713\ Reducing the recognition of diversification across 
risk classes would likely raise risk-weighted assets, which has been 
noted by Viegas de Carvalho, et al. (2024) for a representative 
portfolio under the models-based non-default capital requirement.\714\ 
While the models-based non-default capital requirement would recognize 
greater diversification across risk classes than the standardized non-
default capital requirement, both approaches would reduce recognition 
of diversification compared to the current market risk framework. This 
more conservative treatment of cross-risk-class diversification 
addresses the possibility that correlations between risk classes change 
between stress periods; one prominent example is how the correlation 
between nominal bonds and equities has changed signs over time.\715\
---------------------------------------------------------------------------

    \713\ Specifically, in the standardized non-default capital 
requirement, the sensitivities-based method capital requirements are 
simply added across risk classes, which implicitly assumes that 
losses across risk classes are perfectly correlated. In the models-
based non-default capital requirement, the internally modelled 
capital calculation places a weight of 50 percent on a measure that 
assumes losses are perfectly correlated and 50 percent on a measure 
that is based on their empirical relationships.
    \714\ See Viegas de Carvalho, Paulo, et al. ``The Impact of the 
Fundamental Review of the Trading Book: Evaluation on a Stylized 
Portfolio.'' Journal of Risk, 23 Jan. 2024, https://doi.org/10.21314/jor.2023.014.
    \715\ For empirical evidence on bond-stock comovements, see 
Campbell, John, et al. Bond-Stock Comovements. Working paper. 1 Oct. 
2025. Accessible at www.nber.org/papers/w34323.
---------------------------------------------------------------------------

f. Other Effects
    There are many other changes within the proposal that would affect 
the market risk capital requirements for particular products. The 
residual risk add-on within the standardized non-default capital 
requirement would increase capital requirements associated with exotic 
positions and those with residual risk not captured by the 
sensitivities-based method.\716\ The inclusion of equities in the 
default risk capital requirement might raise requirements associated 
with equities to capture risks associated with companies rapidly 
failing, although other changes, such as revisions to the treatment of 
specific risk, may counteract that increase. Within the models-based 
non-default capital requirement, the switch from VaR, which measures 
loss at a specific percentile, to expected shortfall, which measures 
expected loss beyond a specific percentile, would likely raise capital 
requirements for products with greater tail risk.
---------------------------------------------------------------------------

    \716\ Examples of exotic positions include those referencing 
longevity risk, weather, or natural disasters.
---------------------------------------------------------------------------

    Changes to the standardized approach to counterparty credit risk 
would recognize diversification between derivative transactions and 
non-cleared repo-style transactions within a netting set when 
calculating exposure at default. These changes would reduce capital 
requirements associated with combining both types of transactions 
within a single netting set, such as engaging in Treasury repo and 
Treasury futures transactions with the same counterparty. There is 
limited empirical evidence on the magnitude of the change in capital 
requirements to expect with respect to these changes.
2. Impact on Banking Organizations
    This section considers how changes in capital requirements for 
trading

[[Page 15141]]

activities could affect the behavior of covered banking organizations. 
Because the proposal would better capture certain risks, the agencies 
expect that covered banking organizations would become more resilient. 
Banking organizations would also likely reduce the quantity of 
intermediation and raise fees for trading activities with increased 
capital requirements, and similarly increase the quantity and reduce 
the cost for trading activities with reduced capital requirements, 
although the magnitudes are uncertain. The agencies also expect that 
banking organizations would likely adjust their trading strategies to 
reduce capital requirement impacts, such as by hedging more risks or 
holding fewer positions. The agencies also expect that the reduced 
procyclicality of the proposed market risk capital requirements would 
lead to more stable provision of financial intermediation during market 
stress periods as compared to the current framework.
a. Supply of Intermediation Services
    Increased capital requirements may lead banking organizations to 
reduce the scale of their trading activities or increase their fees, 
commissions, or bid-ask spreads--the costs they charge to their 
customers for intermediation services--although the magnitudes of any 
potential impact are difficult to estimate. Changes in the volume of 
trading and to its cost are intimately connected, as suggested by a 
standard supply-demand framework.
    The intersection of supply and demand establishes the equilibrium 
price and quantity of intermediation for a particular type of trading. 
An increase in capital requirements would shift the supply curve 
upward, which would increase the cost of intermediation and reduce the 
quantity. A decrease in capital requirements would similarly reduce the 
cost of intermediation and increase the quantity. The magnitudes of 
quantity versus price changes would depend on the elasticities of 
supply and demand (that is, how responsive the quantity of 
intermediation is to changes in its price). There is limited empirical 
evidence on the magnitude of the impact of capital requirements on 
trading activity and it is difficult to obtain such an estimate.
    Another consideration is that banking organizations are not the 
only companies engaging in these trading activities. To the extent that 
higher costs only apply to banking organizations, intermediation 
activity may flow outside the banking system. This effect on markets 
will be considered in section VIII.E.3.
b. Trading and Hedging Strategies
    Another possible effect of the proposal is that banking 
organizations may switch to trading or modeling strategies that result 
in lower capital requirements. Some possible approaches include (1) 
changing hedging strategies, (2) changing the number of positions held 
directly, (3) improving their models or gathering additional data, and 
(4) increasing central clearing.
    First, banking organizations may adjust hedging strategies in 
response to the proposed requirements. These adjustments could take 
many forms. For example, if a banking organization were leaving an 
exposure unhedged in the current framework and its standalone capital 
requirements would rise under the proposed framework, then the banking 
organization might use hedges to reduce the capital impact. To the 
extent that the proposed framework is more risk sensitive, banking 
organizations would have greater incentives to hedge economically 
meaningful risk exposures. Evidence from Lu and Wallen (2024) indicates 
that large dealer banking organizations are already hedging most market 
risk, suggesting that the scope for additional hedging may be 
limited.\717\
---------------------------------------------------------------------------

    \717\ See Wallen, Jonathan, and Lina Lu. ``What Do Bank Trading 
Desks Do?'' Working paper. November 6, 2024. Available at https://doi.org/10.2139/ssrn.4898830.
---------------------------------------------------------------------------

    Second, banking organizations may change how many positions they 
hold directly. For example, one approach to market making is to buy and 
sell products as needed by customers and to hold a product inventory 
plus any trade imbalances. Another approach is to directly match buyers 
and sellers together, which does not require the banking organization 
to hold any position. If capital requirements associated with holding 
inventory were to rise, a banking organization might start directly 
matching buyers and sellers more frequently or decide to limit the size 
of its inventory. Conversely, if capital requirements were to fall, a 
banking organization might increase the size of its inventory. 
Bessembinder et al. (2018) document how bank-affiliated dealers were 
less likely to hold customer order imbalances on their own balance 
sheets following the 2008 financial crisis relative to other 
dealers.\718\ The evidence is consistent with post-crisis capital 
regulations affecting trading inventories, although it is difficult to 
disentangle other effects.
---------------------------------------------------------------------------

    \718\ See Bessembinder, Hendrik, et al. ``Capital commitment and 
illiquidity in corporate bonds.'' The Journal of Finance 73.4 
(2018): 1615-1661.
---------------------------------------------------------------------------

    Third, banking organizations using the models-based approach might 
respond to the proposed capital framework by gathering additional data 
to reduce the impacts of non-modellable risk factors. Gathering 
additional data could help a non-modellable risk factor to become 
modellable, which would generally reduce capital requirements. However, 
there are indications that there is reluctance among banking 
organizations to share data and that purchasing the data from vendors 
can be expensive, although greater adoption of internal models by 
banking organizations could mitigate these problems.\719\
---------------------------------------------------------------------------

    \719\ See Wilkes, S. (2023, November 20). ``FRTB managers face 
hard facts about risk factors''. Available at Risk.net. https://www.risk.net/regulation/7958192/frtb-managers-face-hard-facts-about-risk-factors.
---------------------------------------------------------------------------

    Fourth, banking organizations may centrally clear more of their 
derivatives. Such exposures are exempt from the CVA framework due to 
their substantially reduced risk profiles. Evidence from Canada, which 
has already implemented its version of the new market risk standards, 
indicates an increase in derivatives clearing.\720\ Increased clearing 
would have the benefit of reducing counterparty-related risks.
---------------------------------------------------------------------------

    \720\ See Migliorato, L. (2024, March 13). ``Canada's top 
dealers boost derivatives clearing as FRTB kicks in''. Available at 
Risk.net. https://www.risk.net/risk-quantum/7959098/canadas-top-dealers-boost-derivatives-clearing-as-frtb-kicks-in.
---------------------------------------------------------------------------

c. Stability
    Banking organizations would likely provide more stable 
intermediation during market stress due to the reduced procyclicality 
of the proposed market risk framework. The inclusion of current period 
VaR within the current framework means that capital requirements are 
more likely to increase sharply during market stress, which can lead 
banking organizations to reduce their intermediation activity.\721\ The 
proposed framework would instead rely on estimates of losses during 
past stressed conditions, which would reduce the likelihood of spikes 
in capital requirements. The agencies expect this change to lead to 
more stable

[[Page 15142]]

provision of intermediation during market stress.
---------------------------------------------------------------------------

    \721\ During the COVID-19 crash, banking organizations 
experienced simultaneous backtesting exceptions that, without 
intervention, would have increased their backtesting multipliers and 
raised market risk capital requirements by $3.3 billion. See Abboud, 
Alice, Chris Anderson, Aaron Game, Diana Iercosan, Hulusi Inanoglu, 
and David Lynch (2021). ``Banks' Backtesting Exceptions during the 
COVID-19 Crash: Causes and Consequences,'' FEDS Notes. Washington: 
Board of Governors of the Federal Reserve System, July 08, 2021, 
https://doi.org/10.17016/2380-7172.2939.
---------------------------------------------------------------------------

d. Impacts on End Users
    The proposal would likely change the cost of financial 
intermediation for end users, with effects that differ by the type of 
trading activity. Trading activities with increased capital 
requirements may become less profitable for banking organizations 
unless they can increase revenue by charging higher fees and 
commissions on transactions or by widening bid-ask spreads. Banking 
organizations often focus on return on equity as an essential measure 
of profitability.\722\ Return on equity for trading is likely to 
decrease if risk-weighted assets increase, and the proposal is expected 
to increase overall risk-weighted assets for trading activities for 
Category I and II banking organizations, unless they adjust their 
portfolios, which would require changes in either trading or hedging 
strategies.
---------------------------------------------------------------------------

    \722\ Pennacchi and Santos (2018) document banks' emphasis on 
return on equity and explore banks' motivation in preferring this 
metric.
---------------------------------------------------------------------------

    Some banking organizations may exit some markets or reduce the 
variety of their offerings if they cannot maintain an acceptable return 
on equity. It is widely accepted that banking organizations attempt to 
shift resources from activities with low capital efficiency towards 
activities with higher capital efficiency. However, Ding and Sickles 
(2018) document that return on equity for banking organizations has 
fluctuated significantly over time.\723\ Moreover, a survey conducted 
by Federal Reserve supervision staff of Category I banking 
organizations showed significant dispersion in the capital efficiency 
of different trading activities. This was true when comparing similar 
business lines at different banking organizations and when comparing 
different business lines within the same banking organization. The 
observation that less capital efficient business lines continue to 
operate suggests that banking organizations may not entirely abandon 
low capital efficiency trading activity.
---------------------------------------------------------------------------

    \723\ See Ding, Dong, and Robin C. Sickles. ``Frontier 
Efficiency, Capital Structure, and Portfolio Risk: An Empirical 
Analysis of U.S. Banks.'' BRQ Business Research Quarterly, vol. 21, 
no. 4, Oct. 2018, pp. 262-277. Ding and Sickles (2018) also find 
that banking organizations with lower operating costs also hold 
higher capital buffers above their minimums and take on more risk.
---------------------------------------------------------------------------

    The trading businesses of banking organizations serve a wide 
variety of clients, including commercial end users, institutional 
investors such as pension funds and insurance companies, governments, 
other banking organizations, and nonbank financial organizations such 
as hedge funds. Banking organizations also serve households indirectly 
through securitization of loans and by supporting mutual funds and 
retail brokerages. Each type of trading customer has different 
intermediation needs. For example, commercial end users may be 
interested in accessing capital markets, and in hedging the foreign 
exchange or commodity price risk arising from their business and 
hedging interest rate risk on their debt. Any change in the cost or 
availability of these services may have a significant effect on the 
real economy.
    The benefit to society from enabling hedging by commercial end 
users is difficult to ascertain, so the proposal's impacts from 
changing hedging behavior are difficult to estimate. Classic finance 
theory dating back to Modigliani and Miller holds that risk management 
does not increase firm value because it is irrelevant to a firm's 
shareholders who can themselves hedge by holding a diversified 
portfolio.\724\ Regardless, commercial firms themselves have a strong 
demand for hedging instruments. A number of theories have been proposed 
to explain this behavior. For example, Froot, Scharfstein and Stein 
(1993) suggest firms that manage risk reduce the chance of not being 
able to take advantage of growth opportunities.\725\ There is some 
empirical evidence that risk management increases firm value. Allayanis 
and Weston (2015) find that, among nonfinancial firms that are exposed 
to exchange rate risk from their foreign operations, the use of 
derivatives to hedge foreign currency risk increases firm value by 4 
percent.\726\
---------------------------------------------------------------------------

    \724\ See Modigliani, Franco, and Merton H. Miller. ``The Cost 
of Capital, Corporation Finance and the Theory of Investment.'' The 
American Economic Review, vol. 48, no. 3, June 1958, pp. 261-297.
    \725\ See Froot, Kenneth A., David S. Scharfstein, and Jeremy C. 
Stein. ``Risk management: Coordinating corporate investment and 
financing policies.'' the Journal of Finance 48.5 (1993): 1629-1658.
    \726\ See Allayannis, George, and James P. Weston. ``The use of 
foreign currency derivatives and firm market value.'' The Review of 
Financial Studies 14.1 (2001): 243-276.
---------------------------------------------------------------------------

    The impact of the proposal on end users would differ depending on 
the type of customer relationships end users have with banking 
organizations of different sizes. The largest banking organizations 
offer a broad variety of intermediation services, including some that 
require sophisticated risk management. Category I and II banking 
organizations generally have well-hedged and diversified portfolios, 
but also have the capacity to warehouse the risks that arise from their 
intermediation and are difficult to hedge. Mixon and Onur (2020) 
document how commodities swaps dealers, many of which are banking 
organizations,\727\ offer their customers bespoke contracts which they 
then hedge with standard, liquid instruments, leaving the dealer 
holding residual basis risk.\728\ Category I and II banking 
organizations tend to optimize their trading and hedging strategies and 
their risk management, including the models used to calculate required 
capital, to maximize return on capital while not exceeding their 
appetite for risk. Category I and II banking organizations serve the 
entire gamut of investment banking clients and are also market makers, 
generally in multiple markets.
---------------------------------------------------------------------------

    \727\ See list of registered swaps dealers at https://www.cftc.gov/LawRegulation/DoddFrankAct/registerswapdealer.html.
    \728\ See Mixon, Scott, and Esen Onur. ``Risk appetite and 
intermediation by swap dealers.'' Available at SSRN 3566003 (2020).
---------------------------------------------------------------------------

    In contrast, smaller banking organizations (those not in Categories 
I and II) are more likely to focus on a few lines of trading business. 
Customers may be commercial end users with whom the banking 
organization already has a lending relationship and provides other 
commercial banking services. For such banking organizations, trading 
strategy focuses on client facilitation. As a result, non-category I or 
II banking organizations are less likely to rely on sophisticated risk 
management and more likely to offer services for which the risks are 
straightforward to hedge. This also suggests that these banking 
organizations have generally invested less in risk models, and may 
intentionally compensate for this by erring on the side of conservatism 
when calculating required capital.
    The introduction of a standardized approach for market risk capital 
requirements is likely to expand the intermediation services offered by 
non-Category I or II banking organizations for two reasons. First, the 
proposed standardized approach for market risk would reduce the 
regulatory compliance and operational costs of offering new products. 
The current rule requires banking organizations to receive regulatory 
approval for the models used in market risk capital calculations prior 
to trading a new product. This approval process takes time and involves 
overhead in ensuring that the risk models comply with the rule. Banking 
organizations that use the proposal's standardized approach would avoid 
this delay and overhead of regulatory pre-approval and may reduce other 
costs

[[Page 15143]]

associated with modelling risk.\729\ This may eliminate a current 
disincentive for accommodating customer requests for particular trading 
products that a banking organization does not already trade.
---------------------------------------------------------------------------

    \729\ Note that it is expected that banking organizations will 
continue to use internal models for their risk management, 
regardless of whether those models are used to calculate market risk 
capital requirements. See Sec.  [thinsp]__.203 (c)(4) of the 
proposal, which requires daily monitoring of risk-management 
measurements including VaR. However, if banking organizations' 
internal risk management models are not the same as those used to 
calculate capital requirements, then banking organizations may 
invest fewer resources in their internal risk management models, 
which could mean reducing data quality, computational capacity, or 
quality of model risk management. For example, the generation of 
historical risk factor scenarios required for stressed-VaR can be 
particularly costly for products that a banking organization did not 
trade or products that did not exist during a banking organization's 
stress-VaR window.
---------------------------------------------------------------------------

    Second, the new standardized approach is likely to result in lower 
capital requirements for some types of trading activity of smaller 
banking organizations. The current rule requires internal models for 
general market risk but applies a standardized add-on unless a banking 
organization receives supervisory approval for their risk model's 
treatment of specific risk.\730\ Modelling specific risk is complex, 
and supervisors have set a high bar for model approval. As a result, 
while Category I and II banking organizations often have approved 
specific risk models, many other banking organizations with significant 
trading activity do not. The current standardized specific risk add-on 
is conservative. Moreover, it does not recognize any hedging benefit 
from offsetting credit exposures to the same obligor unless there is an 
exact match on the reference obligation.\731\ This treatment encourages 
banking organizations that do not have specific risk approval to focus 
on agency and riskless principal trading, making back-to-back trades 
with customers offset by trades with other banking organizations. This 
allows banking organizations to facilitate access to capital markets 
for their relationship clients, but it constrains their market 
offerings to liquid, readily tradable products.
---------------------------------------------------------------------------

    \730\ Specific risk is the risk that is not attributable to 
broad market movements and includes event risk, default risk, and 
idiosyncratic risk.
    \731\ However, the current rule avoids double counting of the 
specific risk add-on for an exposure and its credit derivative hedge 
that does not meet the ``same obligation'' criterion but in which 
all or substantially all of the price risk has been hedged.
---------------------------------------------------------------------------

    The proposal's standardized approach does not have separate 
treatments for general and specific risk. Both the sensitivities-based 
method and the default risk capital requirement would apply risk 
weights to net exposures at the issuer level. For a banking 
organization currently applying the specific risk add-on, this 
recognition of netting at the issuer level rather than the issuance 
level may result in significantly lower risk-weighted assets for 
portfolios with risk that is economically small but not perfectly 
offset. Moreover, both the proposed sensitivities-based method and the 
default risk capital requirement would recognize some hedge benefit 
across exposures to different issuers in the same bucket, and the 
proposed sensitivities-based method would recognize some 
diversification between buckets.
    Lower market risk-weighted assets, and the option to reduce 
operational and regulatory overhead by choosing the standardized 
approach for market risk, will likely increase the capital efficiency 
of non-Category I or II banking organizations, particularly for trading 
businesses in which the banking organization retains some specific 
risk. Examples include market making in less liquid corporate bonds and 
more bespoke customer facilitation. This may reduce a barrier to entry 
into new markets for some banking organizations. As such, customers of 
non-Category I or II banking organizations may find more choice of 
trading products for hedging credit spread risk and equity price risk.
    An expected benefit of the proposal is that it would likely reduce 
costs and increase availability of intermediation during times of 
financial stress, relative to the current rule. This is for two 
reasons. First, distressed banking organizations may be unable or 
unwilling to undertake trading activity that adds risk. The proposal is 
intended to make banking organizations less likely to become distressed 
by more accurately reflecting their exposure to losses during extreme 
stress in their market risk capital requirement. Second, if the capital 
requirement for a given trading activity fluctuates over time, then 
banking organizations may be less willing to provide intermediation at 
times when the capital requirement is high or may charge more for 
intermediation to maintain an acceptable return on capital. Capital 
requirements under the proposal are based on through-the-cycle risk 
measures and should be less pro-cyclical than the current rule, as 
capital requirements would not increase as much during financial 
downturns. With less cyclical fluctuation in capital requirements, the 
costs to end users should also fluctuate less.
3. Impacts on Markets
    To understand how the proposal could affect market liquidity, it is 
informative to understand how markets reacted to the higher capital 
requirements that were implemented after the 2008 financial crisis.
    Literature exploring the impact of post-2008 capital requirements 
on the corporate bond market generally shows limited impacts on bid-ask 
spreads, but also that customers waited longer before making 
transactions. The papers also indicate that dealers reduced their 
inventory imbalances and charged higher prices for providing immediate 
liquidity. Broadly, there is evidence that the cost of immediate 
liquidity rose in the corporate bond market and that bank-affiliated 
dealers reduced their willingness to bear inventory imbalances, 
although it is difficult to isolate how much is due to higher capital 
requirements compared to other factors.732 733
---------------------------------------------------------------------------

    \732\ Dick-Nielsen and Rossi (2018) show that the cost of 
immediate trades, reflected by index trackers that must trade 
quickly after a bond falls out of an index, has risen more than 
twofold and Bao, et al. (2018) show greater costs from trading 
following bond rating downgrades. Furthermore, Bessembinder (2018) 
and Dick-Nielsen and Rossi (2018) provide evidence that bank-
affiliated dealers reduced the extent of inventory imbalances that 
they accommodated. In more recent times, Anderson, et al. (2023) and 
Kargar, et al. (2021) show that dealers did not substantially change 
their net positions in corporate bonds during the COVID-related 
market turmoil around March 2020. See Trebbi, Francesco, and Kairong 
Xiao. ``Regulation and market liquidity.'' Management Science 65.5 
(2019): 1949-1968; Bessembinder, Hendrik, et al. ``Capital 
commitment and illiquidity in corporate bonds.'' The Journal of 
Finance 73.4 (2018): 1615-1661; Dick-Nielsen, Jens, and Marco Rossi. 
``The cost of immediacy for corporate bonds.'' The Review of 
Financial Studies 32.1 (2019): 1-41; Bao, Jack, Maureen O'Hara, and 
Xing Alex Zhou. ``The Volcker Rule and corporate bond market making 
in times of stress.'' of Financial Economics 130.1 (2018): 95-113; 
Anderson, Christopher S., David C. McArthur, and Ke Wang. ``Internal 
risk limits of dealers and corporate bond market making.'' Journal 
of Banking & Finance 147 (2023): 106653; and Kargar, Mahyar, et al. 
``Corporate bond liquidity during the COVID-19 crisis.'' The Review 
of Financial Studies 34.11 (2021): 5352-5401. Dick-Nielsen and Rossi 
(2018) show that the cost of immediate trades, reflected by index 
trackers that must trade quickly after a bond falls out of an index, 
has risen more than twofold and Bao, et al. (2018) show greater 
costs from trading following bond rating downgrades. Furthermore, 
Bessembinder (2018) and Dick-Nielsen and Rossi (2018) provide 
evidence that bank-affiliated dealers reduced the extent of 
inventory imbalances that they accommodated. In more recent times, 
Anderson, et al. (2023) and Kargar, et al. (2021) show that dealers 
did not substantially change their net positions in corporate bonds 
during the COVID-related market turmoil around March 2020. See 
Trebbi, Francesco, and Kairong Xiao. ``Regulation and market 
liquidity.'' Management Science 65.5 (2019): 1949-1968; 
Bessembinder, Hendrik, et al. ``Capital commitment and illiquidity 
in corporate bonds.'' The Journal of Finance 73.4 (2018): 1615-1661; 
Dick-Nielsen, Jens, and Marco Rossi. ``The cost of immediacy for 
corporate bonds.'' The Review of Financial Studies 32.1 (2019): 1-
41; Bao, Jack, Maureen O'Hara, and Xing Alex Zhou. ``The Volcker 
Rule and corporate bond market making in times of stress.'' Journal 
off
    \733\ Several papers, including Trebbi and Xiao (2017) and 
Bessembinder (2018), have documented that standard measures of 
market liquidity, such as bid-ask spreads, did not change 
substantially following the financial crisis or even improved 
relative to before. However, some literature argues that customers 
have shifted away from demanding immediate liquidity from dealers, 
which is more expensive, to instead being willing to wait longer 
before transacting, which is cheaper. In that case, it would be 
possible for average transaction costs to fall, even if the cost of 
immediate liquidity would have risen.

---------------------------------------------------------------------------

[[Page 15144]]

    Wu (2024) specifically considers the impact of post-crisis capital 
regulations, which in the case of market risk are informally known as 
Basel 2.5.\734\ The paper argues that the size of the liquidity premium 
embedded within corporate bonds increased after the 2008 financial 
crisis.\735\ Wu (2024) shows that immediately after the release of the 
Basel 2.5 NPR in June 2012, there was an abrupt increase in the 
liquidity premium for more volatile bonds, which would likely receive 
higher capital requirements under Basel 2.5, compared to less volatile 
bonds. The paper estimates an approximately 0.3 percentage point 
difference in yield spreads between the most and least volatile bonds, 
controlling for other characteristics.
---------------------------------------------------------------------------

    \734\ See Wu, Botao. ``Increasing corporate bond liquidity 
premium and post-crisis regulations.'' NYU Stern School of Business 
Working Paper (2020).
    \735\ The liquidity premium is the component of a corporate 
bond's yield that compensates investors for difficulty in 
transacting in that bond.
---------------------------------------------------------------------------

    Extrapolating from evidence in the corporate bond market to 
potential broader impacts, higher capital requirements on certain 
products would likely incentivize banking organizations to hold smaller 
inventories and accommodate fewer imbalances, although magnitudes are 
unclear. There would likely be a reduction in banking organizations 
providing immediate liquidity (i.e., entering into a trade with a 
customer immediately rather than waiting), although the magnitude would 
likely vary across markets. More illiquid products, such as corporate 
bonds, would likely see larger effects. Additionally, because market 
risk capital requirements are typically based on end-of-day 
inventories, accommodating intraday imbalances for more liquid products 
would likely not be as costly. Similarly, lower capital requirements on 
other products would likely incentivize banking organizations to 
accommodate more imbalances and provide greater immediate liquidity to 
their customers.
    Another consideration is the migration of activity to nonbanks. 
Bessembinder (2018) provides evidence that nonbank-affiliated dealers 
expanded their intermediation in the corporate bond market as bank-
affiliated dealers pulled back.\736\ This evidence suggests that 
nonbank-affiliated dealers might step in to mitigate reduced liquidity 
provision of bank-affiliated dealers in other markets as well.
---------------------------------------------------------------------------

    \736\ Bessembinder (2018) show that only bank-affiliated dealers 
reduced the inventory imbalances they would accommodate, while the 
nonbank-affiliated dealers took on greater imbalances, although not 
enough to offset changes by the bank-affiliated dealers. However, it 
is difficult to disentangle the impacts of capital regulation from 
those of other regulations. Bao, et. al (2018) find limited 
difference in the inventory imbalances held by dealers passing the 
CCAR stress test compared to those not passing, they interpret as 
evidence of capital requirements not being a likely driver.
---------------------------------------------------------------------------

    There are both benefits and drawbacks to nonbanks potentially 
increasing intermediation if banking organizations pull back. One clear 
benefit is that nonbanks could mitigate any potential reductions in 
market liquidity. Also, given that nonbanks do not benefit from deposit 
insurance, a shift toward nonbanks might reduce costs to the 
government. One drawback is that nonbanks may take on excessive 
leverage or risk, in part due to lack of prudential regulation 
comparable to bank regulation. If important nonbank intermediaries were 
to fail during extreme stress, there could be substantial negative 
effects on financial stability and market liquidity, which could impose 
costs on the government and the economy.
    Some aspects of the proposal could also have impacts on markets 
beyond the effects of a change in the average level of capital 
requirements.
    First, the reduced procyclicality of capital requirements for 
banking organizations may encourage relatively more market liquidity 
during periods of stress. Both the proposed standardized and models-
based approaches are substantially less sensitive to changes in current 
market conditions and are calibrated instead to historical periods of 
stress, in contrast to the current market risk framework that includes 
VaR based on current market data.
    Second, the decrease in capital requirements for non-Category I and 
II banking organizations could potentially reduce their trading costs, 
which may encourage market making to be relatively less concentrated 
among the largest banking organizations. One of the key channels would 
be the removal of the standardized approach for specific risk, which 
tends to have a larger impact on smaller banking organizations.
    Third, there may be greater use of central clearing for certain 
derivatives. As central clearing becomes more common, there could 
possibly be spillover effects whereby other market participants not 
directly affected by the proposal choose to centrally clear as well, 
which could potentially enhance the efficiency and stability of 
markets.
    Fourth, if banking organizations hedge more in aggregate due to the 
proposed capital framework, some nonbank counterparties would likely 
have to take on that risk instead. While there is uncertainty over 
exactly how risk is distributed throughout the U.S. financial system, 
it is possible that entities such as pension funds, insurance 
companies, or investment funds would step in to purchase more of that 
risk from banking organizations. These could create new opportunities 
for such trading counterparties, but also potential avenues for 
financial instability outside the banking system.
    To summarize, there would likely be heterogenous effects on 
markets, depending on whether capital requirements would rise or fall 
for products in a given market under the proposal. The markets where 
the proposal would result in a larger increase in banking organization 
capital requirements would likely see banking organizations 
accommodating smaller inventory imbalances. Average transaction costs 
would not necessarily rise, but the cost of conducting immediate trades 
would likely rise. Nonbanks would likely step in to provide more 
intermediation, although growing reliance on nonbanks for market 
intermediation raises its own potential concerns. Similarly, the areas 
in which the proposal would result in a decrease in banking 
organization capital requirements would likely see larger inventory 
imbalances, lower costs of immediate trades, and a greater share of 
activity conducted by banking organizations. Various features of the 
proposal could also have other impacts on markets, such as reducing the 
procyclicality of intermediation and encouraging relatively more 
trading activity by smaller banking organizations.

F. Effect on Competitiveness

    The proposed changes to risk-based capital requirements of the 
largest U.S. banking organizations could potentially affect competition 
of those banking organizations with international peers, smaller 
banking organizations in the United States, and nonbank financial 
entities. This section highlights the

[[Page 15145]]

anticipated potential effects expected to be the most economically 
important for the United States.
    An overall moderate lowering of required capital for Category I and 
II banking organizations, moving closer in line with the requirements 
for internationally active foreign banks, could somewhat increase U.S. 
banking organizations' ability to compete for business internationally. 
Lower risk weights relative to the current standardized approach in 
certain lending areas could advantage covered banking organizations in 
attracting domestic customers, though other changes, like ending 
capital deduction for excess mortgage servicing assets, could also help 
them support smaller banking organizations through correspondence 
lending relationships, growing aggregate lending. At the same time, the 
concurrent standardized approach proposal and the option available to 
smaller banking organizations to use the expanded risk-based approach 
under this proposal would help ensure continued robust competition 
between domestic banking organizations. The proposal may induce some 
lower-risk traditional lending activities to flow back into the banking 
sector in a way that would enhance competition and financial stability 
in the United States. Finally, the analysis discusses how key lending 
areas could see improved pricing and service quality as increased 
competition reduces applicable interest rates, and how regulatory 
barriers to entry into the largest bank tiers would be reduced through 
a shift to lower, less complex, and more certain capital requirements.
1. On Internationally Active Banks
    Benefits of the Basel framework include the promotion of global 
financial stability by strengthening the resilience of the global 
banking system and preventing a regulatory race-to-the-bottom for 
internationally active banks. International banking integration can 
increase competition, boosting productivity and growth, with particular 
importance for international trade and global liquidity 
management.\737\ The agencies project the combined impact of this 
proposal and the GSIB surcharge proposal to yield lower required 
capital levels on average and for most individual banking organizations 
subject to the rules. As detailed further below, internationally active 
banks from other jurisdictions are generally bound by capital 
requirements based on a calculation of risk-weighted assets which rely 
heavily on internally modelled risk weights. While Category I and II 
banking organizations currently also compute risk weights for their 
exposures based on internal models, most of these organizations are 
bound by the U.S. standardized approach in most quarters, which 
generally sets higher, fixed risk weights to compensate for the reduced 
risk sensitivity of the approach.\738\ In practice, this means 
internationally active foreign banks are applying lower risk weights 
and have lower minimum capital requirements than their U.S. 
counterparts.\739\
---------------------------------------------------------------------------

    \737\ See Claudia M. Buch & Linda S. Goldberg, ``Global banking: 
Toward an assessment of benefits and costs,'' Annual Review of 
Financial Economics, 12.1 (2020): 141-175, available at: https://doi.org/10.1146/annurev-financial-021920-112021.
    \738\ See, e.g., Joasia E. Popwicz, ``All top US banks below 
Collins floor,'' risk.net (January 2022), available at: https://www.risk.net/risk-quantum/7922981/all-top-us-banks-below-collins-floor.
    \739\ See Online Appendix of Elizabeth Duncan, Akos Horvath, 
Diana Iercosan, Bert Loudis, Alice Maddrey, Francis Martinez, 
Timothy Mooney, Ben Ranish, Ke Wang, Missaka Warusawitharana & Carlo 
Wix, ``COVID-19 as a stress test: Assessing the bank regulatory 
framework,'' Journal of Financial Stability, Volume 61, (2022), 
available at: https://doi.org/10.1016/j.jfs.2022.101016.
---------------------------------------------------------------------------

    The proposed expanded risk-based approach risk weights are 
generally calibrated at a lower level than the current standardized 
approach, and are more granular to enhance risk sensitivity, reducing 
incentives to disengage from relatively lower risk lending activities. 
While important, lower capital requirements are not the sole 
determinant of long-run profitability, as illustrated by return on 
equity at U.S. GSIBs following the 2007-09 global financial crisis 
which averaged around 5 to 6 percentage points higher than their 
counterparts in the Euro Area.\740\ That said, the lower requirements 
that proposed revisions to the GSIB surcharge would deliver, and that 
would remain within the generally accepted optimal level of capital, as 
discussed in section VIII.C, should promote the global competitiveness 
of internationally active U.S. banking organizations.
---------------------------------------------------------------------------

    \740\ See Luca Di Vito, Natalia Fuentes, Natalia & Joao Matos 
Leite, ``Understanding the profitability gap between euro area and 
US global systemically important banks,'' ECB Occasional Paper, No. 
327, (2023), available at: https://doi.org/10.2866/51151.
---------------------------------------------------------------------------

    The BIS collects anonymized data on large, internationally active 
banks in Basel member jurisdictions. These data are analyzed and 
compiled in a semi-annual monitoring report that describes the average 
asset holdings and concomitant risk weight density, risk-weighted 
assets divided by exposure amounts, by exposure category. These reveal 
that the effective average risk weights used by foreign banks subject 
to the Basel standards as implemented in other jurisdictions are 
materially lower than the risk weights that Category I and II banking 
organizations currently apply across several exposure categories. For 
example, for internationally active banks in all Basel jurisdictions at 
the end of 2024, average risk weight density for corporate exposures 
was around 56 percent and for retail exposures around 29 percent.\741\ 
Category I and II banking organizations, when bound by the current 
standardized approach as is typically the case, apply 100 percent risk 
weights to both types of exposures. While the proposed risk weights in 
those exposure types would still exceed global averages, the downward 
calibrations would bring them much closer in line, reducing anti-
competitive disparities with global competitors while still maintaining 
the comparatively stronger levels of capital at Category I and II 
banking organizations that have resulted in greater resilience relative 
to their global peers.
---------------------------------------------------------------------------

    \741\ See Basel Committee on Banking Supervision, ``Basel III 
Monitoring Report,'' (March 2025), available at: https://www.bis.org/bcbs/publ/d592.pdf.
---------------------------------------------------------------------------

    Increased competition in international banking can lower individual 
and systemic risk. Faia et al. (2021) develops a model of global 
banking competition that predicts cross-border expansion of banks into 
retail activities like lending and deposit-taking can actually lower 
individual risk taking and systemic risk through a competition driven 
compression of loan-deposit spreads. They find empirical evidence that 
supports this prediction using data from 2005 to 2014 on the foreign 
expansion, profit margins, and market and accounting risk metrics of 15 
European G-SIBs headquartered in eight different countries.\742\
---------------------------------------------------------------------------

    \742\ See Ester Faia, S[eacute]bastien Laffitte, Maximilian 
Mayer, & Gianmarco Ottaviano, ``Global banking: Endogenous 
competition and risk taking,'' European Economic Review, Volume 133, 
2021, available at: https://doi.org/10.1016/j.euroecorev.2021.103661.
---------------------------------------------------------------------------

    This proposal would obviate the need for U.S. banking organizations 
to internally model credit and operational risk for regulatory capital 
calculations, which could yield more certainty in capital requirements, 
which could support investment, lending, and trading activities through 
the economic cycle. As noted above, Category I and II banking 
organizations, in recent years, have been predominantly bound by 
standardized or leverage capital requirements. During the height of the 
shock from the COVID-19 pandemic beginning in early 2020, a number of 
these banking organizations became unexpectantly bound by rising 
modelled

[[Page 15146]]

capital requirements as expected defaults rose. Behn, Haselmann, and 
Wachtel (2016) exploit an upward shock to modelled capital requirements 
at German banks following the failure of Lehman Brothers in 2008 to 
show how unexpected swings in capital requirements can lead to a 
procyclical drag on lending.\743\ The proposed removal of modelling for 
credit and operational risk, and proposed changes to the modelling of 
market risk capital requirements, would reduce uncertainty in future 
capital requirements, particularly during times of stress, allowing 
Category I and II banking organizations to continue lending and market 
making during such periods.\744\
---------------------------------------------------------------------------

    \743\ See Markus Behn, Rainer Haselmann, & Paul Wachter, 
``Procyclical Capital Regulation and Lending,'' The Journal of 
Finance, Volume 71, Issue 2, April 2016, Pages 919-956, available 
at: https://doi.org/10.1111/jofi.12368.
    \744\ See section VIII.E.2.c for discussion of the expected 
reduction in the procyclicality of requirements for trading 
activities resulting from this proposal.
---------------------------------------------------------------------------

2. On Smaller Banks
    As mentioned previously, Category I and II banking organizations 
are currently predominantly bound by the standardized approach that 
also applies to smaller banking organizations, while also being subject 
to additional buffer requirements. While these proposals are projected 
to lower aggregate capital requirements at Category I and II banking 
organizations, these requirements would still exceed those applied to 
smaller banking organizations. Further, Category I and II banking 
organizations would continue to have more stringent requirements 
relative to Category III and IV banking organizations, reflecting the 
former group's greater size, complexity, and systemic risk. On an 
exposure-by-exposure basis, the proposed revised capital requirements 
would sometimes be lower than those in the standardized approach, even 
inclusive of associated operational risk requirements. A number of 
factors help though to mitigate any concern that the proposal would 
create competitive inequity overall between Category I and II banking 
organizations and smaller banks. These include the companion 
standardized approach proposal, the proposed option for any banking 
organization to adopt the expanded risk-based approach as discussed in 
section II.A, the proposed operational risk requirements included in 
the expanded risk-based approach, and the differing nature of large and 
small banking organization business models. Smaller lenders could also 
benefit from potential enhanced interest from the largest banking 
organizations in correspondent lending relationships, given the 
proposed reduction in risk weights in some lending areas under the 
expanded risk-based approach.
    The proposal would address potential concerns around competitive 
imbalances by allowing banking organizations of any size to elect to 
use the expanded risk-based approach.
    Broader concerns about impacts of the proposal on the competition 
between large and small banking organizations are diminished more 
generally by the differences in their typical business models. For one, 
Category I and II banking organizations tend to have significant 
trading operations, an area where smaller banking organizations do not 
participate. Second, smaller banking organizations tend to rely more 
heavily on relationship lending models that entail the cultivation of 
qualitative information about their customers' credit-worthiness and 
monitoring via geographic proximity. The largest banking organizations 
tend to engage in more transactional lending that relies heavily on 
data collection and verification for underwriting and that is backed by 
tangible collateral.\745\
---------------------------------------------------------------------------

    \745\ See Allen N. Berger & Lamont K. Black, ``Bank size, 
lending technologies, and small business finance,'' Journal of 
Banking & Finance, no. 35(3) (2011), https://doi.org/10.1016/j.jbankfin.2010.09.004.
---------------------------------------------------------------------------

    Aspects of the proposal, as discussed in sections III and IV.A, may 
also indirectly support smaller banking organizations by increasing the 
attractiveness of correspondent lending models and other forms of loan 
participation agreements.\746\ Smaller lenders can cultivate customers 
via their superior local knowledge while turning to larger banking 
organizations for funding and for their facility with securitization 
markets.\747\ This could allow larger banking organizations to 
essentially downstream the reduced risk weights under the expanded 
risk-based approach in areas like real estate, retail, and corporate 
lending to the smaller banking organizations originating the loans. The 
proposed removal of the mortgage servicing assets deduction treatment 
could also make mortgage lending relationships under these types of 
models more attractive, particularly for Ginnie Mae securitizations 
where lenders must pool together multiple loans themselves.
---------------------------------------------------------------------------

    \746\ See Michael Poprik, ``Loan Participations: Lessons Learned 
During a Period of Economic Malaise,'' Federal Reserve Bank of 
Richmond Community and Regional Supervision (2013), https://www.communitybankingconnections.org/articles/2013/q2/loan-participations.
    \747\ See Richard Stanton, Johan Walden, & Nancy Wallace, ``The 
Industrial Organization of the US Residential Mortgage Market,'' 
Annual Review of Financial Economics, no. 6 (2014), available at: 
https://doi.org/10.1146/annurev-financial-110613-034324 and David 
Benson, You Suk Kim, & Karen Pence, ``Bank Aggregator Exit, Nonbank 
Entry, and Credit Supply in the Mortgage Industry,'' Working Paper 
(2023), https://www.fdic.gov/system/files/2024-07/kim-paper.pdf.
---------------------------------------------------------------------------

3. On Nonbank Financial Intermediaries
    The proposal would likely drive expansion in bank lending that 
could partially reverse the ongoing migration of activity to the 
nonbank financial sector in a manner that could support financial 
stability. Heightened capital requirements have been identified as one 
factor in nonbanks' increased share of financial market activity. The 
proposal reduces requirements in certain areas, particularly for 
traditional lending activities such as mortgages and corporate loans, 
in a way that would support bank competitiveness relative to nonbanks. 
Given the greater willingness and capacity for lending that banks 
demonstrate during periods of stress, this could generate stability 
benefits.
    The migration of activities from banking organizations to nonbanks 
has been a longstanding trend for the financial system. It can have 
heterogeneous effects on financial stability. Certain nonbanks operate 
with very low leverage and are well-positioned to manage large economic 
downturns.\748\ However, many nonbanks rely on fragile, confidence-
sensitive sources of funding, partly from banking organizations, making 
them vulnerable during times of stress. Moreover, more resilient 
banking organizations are better positioned to lend in the face of 
economic downturns, in part compensating for the potential reduction in 
lending from more vulnerable nonbanks. Thus, the impact of migration on 
financial stability and lending over the business cycle is influenced 
by numerous factors, including the specific characteristics of the 
nonbanks that assume these activities and their interdependencies with 
banks.
---------------------------------------------------------------------------

    \748\ Anat Admati and Martin Hellwig, ``The Bankers' New 
Clothes: What's Wrong with Banking and What to Do About It'' 
Princeton University Press (2024) (``Admati and Hellwig (2024)''), 
https://press.princeton.edu/books/paperback/9780691251707/the-bankers-new-clothes.
---------------------------------------------------------------------------

a. Effects of Capital Regulations on Migration of Activity to Nonbanks
    Capital regulation has been linked to the migration of activity to 
nonbanks, though the effects through the entire economic cycle are less 
certain. On the one hand, tighter regulations, including stricter 
capital requirements, might induce banking organizations to reduce

[[Page 15147]]

their lending, creating opportunities for nonbanks to fill the gap. For 
example, Buchak et al. (2018) found that more stringent capital 
requirements and tighter regulations pushed mortgage origination to 
nonbanks, which expanded their mortgage origination market share.\749\ 
On the other hand, well-capitalized banking organizations are better 
positioned to extend credit, especially during times of economic 
stress.\750\ Buchak et al. (2018) note that resilient banking 
organizations, supported by robust regulatory frameworks, can act as 
stabilizing forces during crises where banking organizations with 
strong capital buffers can provide essential liquidity, supporting 
investment and economic recovery.\751\
---------------------------------------------------------------------------

    \749\ Greg Buchak, Gregor Matvos, Tomasz Piskorski & Amit Seru, 
``Fintech, Regulatory Arbitrage, and the Rise of Shadow Banks,'' 
Journal of Financial Economics, 130(3), 453-483 (December 2018) 
(``Buchak et al. (2018)''), https://doi.org/10.1016/j.jfineco.2018.https:03.011.
    \750\ Allen N. Berger & Christa H.S. Bouwman, ``How Does Capital 
Affect Bank Performance During Financial Crises?'' Journal of 
Financial Economics, 109(1), 146-176 (July 2013) (``Berger and 
Bouwman (2013)''), https://doi.org/10.1016/j.jfineco.2013.https:02.008; Admati and Hellwig (2024).
    \751\ Buchak et al. (2018).
---------------------------------------------------------------------------

    The differential effects of the proposal across business 
activities, as well as differences across nonbanks, may contribute to 
reversing the migration of some activities toward banking 
organizations. For example, the proposed lower risk weights for most 
mortgages may encourage banking organizations to hold more of these 
loans in their portfolios, while the proposed removal of the MSA 
deduction treatment may lead them to expand their originate-to-
distribute lending operations. Conversely, the proposed increase in 
risk-weighted assets for market risk, as well as an increase in some 
credit conversion factors and operational risk-weighted assets 
attributed to the interest and fee income associated with credit lines, 
may incentivize some liquidity provision in financial markets to shift 
towards nonbanks.
b. Impact of Migration of Activity to Nonbanks on Financial Stability
    The proposal's contribution to slowing or partially reversing the 
migration of financial activities toward nonbanks would have 
implications for financial stability. While some nonbanks are less 
leveraged than banking organizations, making them better positioned to 
absorb losses, they often rely on less stable sources of funding 
compared to banks. \752\ Besides, not all nonbank financial entities 
are equally prone to runs. Private equity funds manage long-term 
capital through funding structures that permit less frequent redemption 
and corporate bond mutual funds operate with little or no leverage. 
Some studies, though, argue that their fragile funding structures still 
make them vulnerable.\753\ Disorderly withdrawals have forced the 
closure of corporate bond mutual funds at Credit Suisse and Third 
Avenue Management,\754\ and it is common for private equity funds to 
face withdrawals when lock-up periods expire.\755\
---------------------------------------------------------------------------

    \752\ Gorton and Metrick (2012); Erica Xuewei Jiang, Gregor 
Matvos, Tomasz Piskorski & Amit Seru, ``Monetary Tightening and U.S. 
Bank Fragility in 2023: Mark-to-Market Losses and Uninsured 
Depositor Runs?'' Journal of Financial Economics, 159, 103899 
(September 2024) (``Jiang et al. (2024)''), https://doi.org/10.1016/j.jfineco.2024.103899.
    \753\ Itay Goldstein, Hao Jiang & David T. Ng, ``Investor Flows 
and Fragility in Corporate Bond Funds,'' Journal of Financial 
Economics 126(3), 592-613 (December 2017) (``Goldstein et al 
(2017)''), https://doi.org/10.1016/j.jfineco.2016.11.007.
    \754\ Jeffrey Ptak & Sarah Bush, ``Third Avenue Focused Credit 
Abruptly Shuttered,'' Morningstar (December 2015) (``Ptak and Bush 
(2015)''), https://www.morningstar.com/funds/third-avenue-focused-credit-abruptly-shuttered; Tim McLaughlin, Ross Kerber & Svea 
Herbst-Bayliss, ``Hidden in Plain Sight: Big Risks at Failed Third 
Avenue Fund Were Clear to Some,'' Reuters (December 2015) 
(``McLaughlin et al. (2015)''), https://www.reuters.com/article/business/hidden-in-plain-sight-big-risks-at-failed-third-avenue-fund-were-clear-to-some-idUSKBN0U627V.
    \755\ As another example of U.S. government support of nonbanks 
in a period of stress, during the COVID-19 pandemic, the Federal 
Reserve established the Primary Market Corporate Credit Facility and 
the Secondary Market Corporate Credit Facility to alleviate stress 
in the corporate bond market. Before that, the Federal Reserve 
established several financial crisis era facilities including the 
Money Market Investor Funding Facility, the Asset-Backed Commercial 
Paper Money Market Mutual Fund Liquidity Facility, Commercial Paper 
Funding Facility, and the Term Asset-Backed Securities Loan 
Facility.
---------------------------------------------------------------------------

    In aggregate, by encouraging the migration of certain activities 
back towards banking organizations, the proposal is expected to support 
financial stability. Nonbanks are typically less regulated and are not 
subject to the same comprehensive federal prudential regulation and 
supervision as banking organizations. Gorton and Metrick (2012) argue 
that the lack of regulatory oversight makes nonbanks more vulnerable to 
runs and liquidity crises.\756\ Some of these risks are discussed 
further in the Federal Reserve Board's Financial Stability Report of 
April 2025.\757\ Nonbanks do not have access to the same protections as 
banking organizations through deposit insurance or other central bank 
facilities. Finally, nonbanks may amplify shocks during times of stress 
by reducing lending to a larger extent compared to banking 
organizations.\758\
---------------------------------------------------------------------------

    \756\ Gorton and Metrick (2012).
    \757\ ``Financial Stability Report,'' Board of Governors of the 
Federal Reserve System (April 2025), https://www.federalreserve.gov/publications/files/financial-stability-report-20250425.pdf.
    \758\ I[ntilde]aki Aldasoro, Sebastian Doerr & Haonan Zhou, 
``Non-Bank Lending During Crises,'' Bureau of International 
Settlements, Working Paper No. 1074 (August 2025) (``Aldasoro et al. 
(2025)''), https://www.bis.org/publ/work1074.pdf.
---------------------------------------------------------------------------

4. On Consumer Welfare and Barriers to Entry
    The proposal would generally lower risk weights, particularly for 
safer portfolios, while also enhancing the risk sensitivity of capital 
requirements. Doing so would likely encourage more lending, thereby 
heightening competition, with end users seeing the benefits in improved 
pricing and increased consumer surplus. While certain financial 
markets, like large corporate lending, are already quite competitive, 
others persist with pricing that includes significant markups above 
marginal cost.\759\ For example, in the mortgage space, Bhutta, Fuster, 
and Hizmo (2024) combine rate lock and loan offer data and find that 
borrowers with similar credit profiles see significant dispersion in 
the prices they pay for loans, which they link to lender market power. 
Importantly, they demonstrate through lender income and expense data 
and borrower surveys that more expensive loans are indicative of higher 
markups rather than better service.\760\
---------------------------------------------------------------------------

    \759\ See Thomas Flanagan, ``The Value of Bank Lending,'' 
Journal of Finance, 80: 2017-2061 (May 2025), available at https://doi.org/10.1111/jofi.13465.
    \760\ See Neil Bhutta, Andreas Fuster, & Aurel Hizmo, ``Paying 
Too Much? Borrower Sophistication and Overpayment in the US Mortgage 
Market,'' Federal Reserve Bank of Philadelphia Working Paper, no. 
24-11 (June 2024), available at: https://doi.org/10.21799/frbp.wp.2024.11.
---------------------------------------------------------------------------

    In addition to promoting activity at current Category I and II 
banking organizations, the proposals could also encourage growth in the 
number of banking organizations in these categories. More Category I 
and II banking organizations, rather than just a few that continually 
get bigger, could constitute a safer and more competitive financial 
landscape.
    Besides dampening lending in general, overly complex, or uncertain, 
capital requirements can introduce barriers to entry that enshrine 
incumbents, reducing overall competition and incentivizing banking 
organizations that may pose systemic risk to bunch below the regulatory 
thresholds at which they would be

[[Page 15148]]

formally recognized as such. While other jurisdictions have seen some 
churn in which institutions are systemically important enough to be 
deemed GSIBs, the eight U.S. bank holding companies identified as GSIBs 
by the Financial Stability Board in 2012 remain the only U.S. GSIBs 
today, and no additional Category II banking organizations have emerged 
following the creation of the current tier definitions.\761\ The 
proposed rules, through a potential reduction in the overall level of 
required capital, removal of complexity and burden from the requirement 
to simultaneously internally model credit and operational risk, and 
increased certainty from a single set of risk-based requirements, 
should lessen the extent to which becoming a Category I or II banking 
organization may be seen as undesirable. While somewhat paradoxical, 
the growth and consolidation of some large regional banks into Category 
I or II banking organizations could actually provide more competition 
in the lending and trading markets that can only be contended by 
banking organizations of the largest scale.
---------------------------------------------------------------------------

    \761\ See ``2025 List of Global Systemically Important Banks (G-
SIBs),'' (November 2025), available at: https://www.fsb.org/2025/11/2025-list-of-global-systemically-important-banks-g-sibs/#g-sibs-2012-2025. Some Category III banking organizations are approaching 
the Category II thresholds for either Total Assets or Cross-
Jurisdictional Activity.
---------------------------------------------------------------------------

    Larger banking organizations can also reduce risk in some 
dimensions and temper local economic shocks through greater depositor 
base diversification.\762\ Indicatively, Caglio, Dlugosz, and Rezende 
(2025) found, using confidential data on bank balance sheets, that 
during the period of heightened stress following the regional banking 
organizations failures of March 2023, GSIBs saw notable upticks in 
uninsured deposit flows, even relative to other large non-GSIB 
banks.\763\ That highlights the benefits to financial market stability 
of promoting the emergence of competitors to the current Category I and 
II banking organizations. Importantly, should the proposed rule changes 
in these proposals lead more Category I or II banking organizations to 
emerge, they would become subject to key provisions around capital, 
augmented liquidity, detailed resolution planning, and enhanced 
supervisory oversight to formally allay concerns over whether such 
institutions were too big to fail.
---------------------------------------------------------------------------

    \762\ See Sebastian Doerr, ``Deposit Diversification and Funding 
Stability,'' (September 2025), available at: http://dx.doi.org/10.2139/ssrn.4788627. They leverage a gravity model of firm 
expansion trends away from their headquarters, along with the 
staggered repeal of interstate branching limitations across states, 
to assess the impact of exogenous increases in a bank's deposit-base 
geographical diversification. They find that it increases a bank's 
funding stability, through a greater reliance on insured demand 
deposits, and empowers banks to increase liquidity creation and 
better continue lending when exposed to a negative localized shock 
like a natural disaster.
    \763\ See Cecilia Caglio, Jennifer Dlugosz, & Marcelo Rezende, 
``Flight to Safety in the Regional Bank Stress of 2023,'' SSRN 
Working Paper (February 25, 2025), available at: https://doi.org/10.2139/ssrn.4457140.
---------------------------------------------------------------------------

    Question 197: What, if any, alternative approaches should the 
agencies consider for assessing the proposal's effect on 
competitiveness, and why?

G. Conclusion

    The agencies have conducted a thorough economic analysis of the 
proposal, examining its potential effects on the U.S. banking system 
and the broader economy. This assessment encompassed proposed changes 
in risk-weighted assets, capital requirements and their potential 
effects on lending and trading activities, market liquidity, and 
competition among financial institutions. The analysis suggests that 
the proposal would improve the measurement of various risks faced by 
banking organizations, increasing the risk sensitivity of the 
regulatory capital framework. Furthermore, the proposed changes to risk 
weights are broadly expected to support enhanced financial 
intermediation by covered banking organizations. The analysis also 
suggests that the cumulative change in capital under the combined 
proposals (or of each proposal on a standalone basis) is expected to 
maintain a level of capital that is within range of estimates for 
optimal capital in the U.S. banking system, and thus reasonable.
    Furthermore, by aligning more closely with international standards, 
the proposed revisions to risk weights aim to enhance Category I and II 
banking organizations' global competitiveness without compromising 
their strong capital positions. Based on this economic analysis, the 
agencies conclude that the benefits of the proposal justify its costs. 
The agencies invite comment on all aspects of this economic analysis.

IX. Technical Amendments to the Capital Rule

    The proposal would make certain technical corrections and 
clarifications to several provisions of the capital rule, as described 
below. Most of these proposed corrections or technical changes are 
self-explanatory, such as updates to terminology to align with the 
proposal, and would apply only to banking organizations that would be 
subject to subpart E. In addition, there are several transition 
provisions and temporary provisions that have expired or no longer 
apply that the proposal would remove from the capital rule. The 
proposal would also make technical updates to various aspects of the 
capital rule to account for the proposed changes to subparts E and F of 
the capital rule related to the removal and replacement of the current 
internal model-based approaches for credit risk, operational risk, and 
market risk. Also, the proposal would make certain technical 
corrections to the rule to address errors, such as updating the 
numbering of footnotes in certain sections and correcting the 
definition of qualifying master netting agreement to include criteria 
that were originally included and inadvertently deleted. These 
revisions are not all applicable to each agency and would only apply to 
a given agency as appropriate.
    In Sec.  __.1, the proposal would clarify the application of notice 
and response procedures for reservation of authority actions, would 
clean up expired effective date provisions, and would clarify the when 
standards apply to banking organizations that change from one category 
to another. The proposal would introduce a severability provision to 
clarify the agencies' intent with respect to the ongoing effectiveness 
of the proposal in the event that any particular provision or 
application of the rule is stayed or determined to be invalid. The 
proposed severability provision reflects the agencies' view that 
invalidation of a particular provision or application of the capital 
rule would not render the entire regulation or regulatory scheme 
unworkable.
    In Sec.  __.2, the proposal would remove references to subpart E 
for purposes of the internal models approach in the definition of 
residential mortgage exposure and the treatment of residential 
mortgages managed as part of a segment of exposures with homogenous 
risk characteristics.
    In Sec.  __.2 of the Board's and the OCC's capital rule, the 
proposal would correct the definition of qualifying master netting 
agreement to put back certain paragraphs related to a walkaway clause. 
Under the 2013 capital rule,\764\ the definition of qualifying master 
netting agreement required that the agreement not contain a walkaway 
clause and that a banking organization must comply with certain 
operational requirements with respect to the agreement. When the Board 
and

[[Page 15149]]

OCC finalized the restrictions in the qualified financial contracts 
stay rule (\765\ and made conforming amendments to the capital rule, 
certain paragraphs related to a walkaway clause in the definition of 
qualifying master netting agreement were removed in error. The Board 
and OCC propose to correct the error by inserting back these 
paragraphs.
---------------------------------------------------------------------------

    \764\ See 78 FR 62018 (Oct. 11, 2013).
    \765\ See 82 FR 42882 (Sept. 12, 2017).
---------------------------------------------------------------------------

    In Sec.  __.10(c)(2)(i) of the capital rule, the proposal would 
clarify in the definition of total leverage exposure that total 
leverage exposure amount could be reduced by any AACL for on-balance 
sheet assets. The capital rule defines total leverage exposure to 
include the carrying value of on-balance sheet assets without any 
adjustment for AACL. The definition of carrying value does not allow 
for the reduction in the on-balance sheet amount by any credit loss 
allowances, except for allowances related to AFS securities and 
purchased credit deteriorated assets. In the numerator of the 
supplementary leverage ratio, the AACL flows through earnings and is 
reflected in Tier 1 capital. To align the numerator and the denominator 
of the SLR, the proposed change would allow banking organizations to 
net the AACL from the denominator of the SLR.
    The proposal would make a technical correction to Sec.  
__.10(c)(2)(ix) of the capital rule to clarify the treatment of a 
guarantee by a clearing member banking organization of the performance 
of a clearing member client on repo-style transaction that the clearing 
member client has with a central counterparty. Consistent with the 
treatment of such exposures under the risk-based framework, the 
proposal would require the clearing member banking organization to 
treat the guarantee of client performance on a repo-style transaction 
as a repo-style style transaction, just as it must treat such a 
guarantee of client performance on a derivative contract as a 
derivative contract.
    Under the capital rule, Sec.  __.300(a) covers the 2016 to 2018 
transition for the capital conservation buffer and countercyclical 
capital buffer. Sec.  __.300(c) covers the transition for non-
qualifying capital instruments that expired in calendar year 2022. 
Sec.  __.300(e) covers the transition for prompt corrective action. 
Sec.  __.300(f) covers simplifications early adoption and has expired 
by its terms.\766\ Sec.  __.300(g) of the capital rule covers SA-CCR 
transition and Sec.  __.300(h) covers the default fund contribution 
transition, both of which expired on January 1, 2022. The proposal 
would update the terminology in Sec.  __.300(a) and (c) of the capital 
rule and would remove Sec.  __.300(f) to (h).
---------------------------------------------------------------------------

    \766\ See 84 FR 61804 (Nov. 13, 2019).
---------------------------------------------------------------------------

    Sec.  __.303 of the capital rule covers a temporary exclusion from 
total leverage exposure that ended March 31, 2021. Consistent with the 
community bank leverage ratio proposed rule, the proposal would remove 
Sec.  __.304 of the capital rule, which covers temporary changes to the 
community bank leverage ratio framework that applied until December 31, 
2021.\767\ The proposal would remove Sec.  __.303 and Sec.  __.304 of 
the capital rule. Similarly, Sec.  __.12(a)(4) of the capital rule 
covers temporary relief for the community bank leverage ratio that 
applied until December 31, 2021, and would therefore be removed from 
the capital rule.
---------------------------------------------------------------------------

    \767\ See 90 FR 55048 (Dec. 1, 2025).
---------------------------------------------------------------------------

    On November 12, 2025, the Financial Accounting Standards Board 
(FASB) issued Accounting Standards Update (ASU) 2025-08, ``Financial 
Instruments--Credit Losses (Topic 326): Purchased Loans,'' which amends 
the guidance on accounting for purchased loans. Upon adoption of ASU 
2025-08, the population of acquired financial assets subject to the 
``gross-up approach'' will be expanded to include purchased seasoned 
loans. The ``gross-up approach'' under U.S. GAAP requires a banking 
organization to record an allowance for credit losses on purchased 
credit deteriorated assets \768\ as well as purchased seasoned loans as 
of the date of acquisition with an offsetting gross-up adjustment to 
the purchase price of the assets or loans.
---------------------------------------------------------------------------

    \768\ Purchase credit deteriorated assets are acquired 
individual financial assets (or acquired groups of financial assets 
with shared risk characteristics) that, as of the date of 
acquisition and as determined by an acquirer's assessment, have 
experienced a more-than-insignificant deterioration in credit 
quality since origination.
---------------------------------------------------------------------------

    In the agencies' final rule implementing the current expected 
credit losses (CECL) methodology in 2019 (CECL final rule), the 
agencies amended the capital rule to identify which allowance for 
credit losses under the new CECL accounting standard would be eligible 
for inclusion in a banking organization's tier 2 capital.\769\ The CECL 
final rule addressed the treatment of allowance for credit losses 
related to purchase credit deteriorated assets. As ASU 2025-08 requires 
banking organizations to apply the gross approach to both purchase 
credit deteriorated assets and purchased seasoned loans, the agencies 
are proposing to apply the capital rule's treatment of allowance for 
credit losses on purchase credit deteriorated assets to allowance for 
credit losses on purchased seasoned loans. In particular, the proposal 
would modify the term adjusted allowance for credit losses (AACL) 
adopted in the CECL final rule to exclude credit loss allowances on 
purchased seasoned loans in addition to those on purchase credit 
deteriorated assets and available-for-sale (AFS) debt securities. A 
banking organization would continue to be able to include AACL in its 
tier 2 capital up to 1.25 percent of the banking organization's total 
credit risk weighted assets. The proposal would also amend the 
definition of carrying value to require the carrying value of purchased 
seasoned loans to be calculated net of ACLs like the capital rule's 
current treatment of PCD assets.
---------------------------------------------------------------------------

    \769\ See 86 FR 4224 (Feb. 14, 2019).
---------------------------------------------------------------------------

    In defining AACL, the agencies intend to include only those ACLs 
that have been fully charged against earnings or retained earnings. 
Including in tier 2 capital ACLs that have not been charged against 
earnings would diminish the quality of regulatory capital. Since the 
initial ACL amount for a PSL recorded on a banking organization's 
balance sheet would not be established through a charge to earnings, 
the agencies believe the treatment currently applied to the initial ACL 
for purchase credit deteriorated assets also would be appropriate for 
the ACL on purchased seasoned loans. Due to concerns of undue 
complexity and burden on banking organizations, the agencies are not 
proposing a bifurcated approach for the treatment of purchased seasoned 
loans whereby a banking organization could include post-acquisition 
ACLs on PSLs in tier 2 capital when the banking organization's 
purchased seasoned loan balances exceed a materiality threshold. The 
agencies believe that requiring banking organizations to calculate the 
carrying value of purchased seasoned loans net of ACLs appropriately 
offsets the effects of excluding post-acquisition ACLs on PSLs in the 
calculation of regulatory capital. Therefore, the agencies are 
proposing to exclude the entire ACL on PSLs from AACL, even though 
post-acquisition increases in ACLs for PSLs would be established 
through a charge against earnings.
    In addition, the agencies are proposing to amend the definitions of 
AACL and carrying value to provide the same treatment as purchase 
credit deteriorated assets to other assets that may in the future 
become subject to the gross approach following a change to GAAP by 
FASB.
    The agencies are also proposing a technical amendment to the 
current

[[Page 15150]]

capital rule to remove the definition of allowance for loan and lease 
losses (ALLL) from section __.2 of the capital rule. The definition of 
ALLL in the current capital rule is no longer meaningful given the 
introduction and adoption of the current expected credit loss (CECL) 
methodology by the FSAB under ASU 2016-13, ``Financial Instruments--
Credit Losses (Topic 326).''

A. Additional OCC Technical Amendments

Definition of Financial Collateral
    In Sec.  __.2 of the OCC's capital rule, the proposed rule would 
correct an error in the definition of financial collateral by changing 
the word ``and'' in paragraph (2) ``in which the national bank and 
Federal Savings association has a perfected . . . [emphasis added]'' to 
``or.'' The proposed correction would clarify that this requirement in 
the definition of financial collateral applies to national banks or 
Federal Savings associations, as relevant.

B. Additional FDIC Technical Amendments

    In addition to the joint technical amendments described above, the 
FDIC is proposing technical amendments to certain provisions of the 
capital rule in part 324 of the FDIC's regulations. Specifically, the 
FDIC proposes to correct a spelling error in the definition of 
``financial institution'' in Sec.  324.2. The FDIC also proposes to 
merge the definition of ``bank'' into the definition of ``FDIC-
supervised institution'' and to remove ``bank'' as a defined term in 
the FDIC's capital rule. Additionally, the FDIC proposes to correct the 
footnote numbering in part 324 so that each section with any footnote 
would begin with footnote 1. This would affect the footnotes in 
Sec. Sec.  324.2, 324.4, 324.11, 324.20, and 324.22.
    The FDIC also proposes removing expired or obsolete provisions from 
various sections in part 324, including section 324.1(f), footnote 10 
in Sec.  324.4, Sec.  324.10(b)(5), and Sec.  324.10(d)(4).
    Finally, the FDIC proposes amending Sec. Sec.  324.401 and 324.403 
of the prompt corrective action provisions of subpart H to remove 
outdated transitions and obsolete references to part 325, and to 
replace references to the advanced approaches consistent with the 
proposal.

X. Related Proposals and Proposed Amendments to Related Rules

A. Related Proposals

    The agencies are also issuing a proposal that would modify certain 
aspects of the capital requirements applicable to banking organizations 
not covered by the expanded risk-based approach. That proposal would 
revise the risk-based capital treatment of certain exposure categories 
under the standardized approach, focusing on improving the calibration 
and risk sensitivity of risk weights that are particularly material to 
lending activities. Consistent with this proposal, the standardized 
approach proposal would modify the definition of regulatory capital by 
removing the threshold-based deduction for mortgage servicing assets, 
including for banking organizations subject to the community bank 
leverage ratio framework. In addition, the standardized approach 
proposal would require Category III and IV banking organizations to 
recognize most elements of accumulated other comprehensive income in 
their regulatory capital.
    The Board is separately issuing the GSIB surcharge proposal that 
would amend the Board's framework under the capital rule for 
identifying and establishing risk-based surcharges for global 
systemically important bank holding companies (GSIBs). The GSIB 
surcharge proposal would also amend the FR Y-15, which is the source of 
inputs to the implementation of the GSIB framework under the capital 
rule. The proposal would modify certain coefficients used to calculate 
GSIB surcharges under method 2 of the GSIB surcharge framework and 
provide for annual adjustments of these coefficients going forward. The 
proposal would modify the measurement and weighting of the weighted 
short-term wholesale funding systemic indicator in method 2. For 
certain systemic indicators currently measured only as of a single date 
each year, the proposal would change to reporting of average values to 
reduce the effects of temporary changes to indicator values around 
measurement dates. The proposal would reduce cliff effects and enhance 
the sensitivity of the surcharge to changes in the method 2 score by 
calculating surcharges based on narrower score band ranges. To improve 
risk capture, the proposal would also make improvements to the 
measurement of some systemic indicators used in the GSIB surcharge 
framework and the framework for determining prudential standards for 
large banking organizations. The proposal would also make several 
additional amendments to the FR Y-15 to improve the consistency of data 
reporting and streamline the reporting process.
    As discussed in section IV.A.3. of this SUPPLEMENTARY INFORMATION, 
the proposal would modify the credit conversion factors applicable to 
large banking organizations. The proposal would introduce a 40 percent 
conversion factor for all conditional equity and credit commitments 
regardless of maturity, which would replace the current capital rule's 
20 percent and 50 percent conversion factors for conditional equity and 
credit commitments. The proposal would also introduce a 5 percent 
credit conversion for certain low-utilization retail exposures and a 
treatment for retail commitments with no pre-set limit. To account for 
this aspect of the proposal with the agencies supplementary leverage 
ratio framework, the supplementary leverage ratio framework would 
incorporate these conversion factors for banking organizations that are 
subject to the expanded risk-based approach to ensure alignment between 
the two frameworks.
    Question 198: What modifications, if any, should the agencies 
consider to this proposal due to related proposals and why?

B. OCC Amendments

Lending Limits Rule
    The OCC's lending limit rule \770\ includes a definition of 
eligible credit derivative, which references the definition of eligible 
guarantee in the capital rule.\771\ This proposed rule would revise the 
definition of eligible guarantee in 12 CFR part 3 to add a requirement 
that an eligible guarantee must be provided by an eligible guarantor, 
also as defined in 12 CFR part 3. To avoid imposing this additional 
requirement of an eligible guarantor for eligible credit derivatives, 
as defined for lending limit purposes, the OCC is proposing to revise 
the definition of eligible credit derivative in 12 CFR part 32 to scope 
out the new proposed requirement of an eligible guarantor.
---------------------------------------------------------------------------

    \770\ 12 CFR part 32.
    \771\ See 12 CFR 32.2(m)(1).
---------------------------------------------------------------------------

C. Board Amendments

    In connection with this proposal, the Board is proposing amendments 
to various regulations that reference the capital rule in order to make 
appropriate conforming amendments to reflect this proposal. For 
example, references to advanced approaches risk-weighted assets would 
be removed and replaced with expanded total risk-weighted assets, 
consistent with the proposal. Such conforming changes would be made to 
Regulation H (12 CFR part 208), Regulation Y (12 CFR part 225), 
Regulation LL (12 CFR part 238), and Regulation YY (12 CFR part 252). 
To the

[[Page 15151]]

extent that other Board rules rely on items determined under the 
capital rule, changes to the capital rule could impact the effective 
requirements of such other Board rules. In addition to these proposed 
amendments, as discussed elsewhere in this document, the proposal would 
amend Regulation Y, Regulation LL, and Regulation YY as appropriate to 
reflect the proposed stress capital buffer framework.
    Question 199: What modifications, if any, should the Board consider 
to this proposal or to other Board rules indirectly affected by this 
proposal?

XI. Administrative Law Matters

A. Paperwork Reduction Act

    Certain provisions of the proposal contain ``collections of 
information'' within the meaning of the Paperwork Reduction Act of 1995 
(PRA). In accordance with the requirements of the PRA, the agencies may 
not conduct or sponsor, and a respondent is not required to respond to, 
an information collection unless it displays a currently valid Office 
of Management and Budget (OMB) control number. The information 
collection requirements contained in this joint proposal have been 
submitted to OMB for review and approval by the OCC and FDIC under 
section 3507(d) of the PRA (44 U.S.C. 3507(d)) and section 1320.11 of 
OMB's implementing regulations (5 CFR part 1320). The Board reviewed 
the proposal under the authority delegated to the Board by OMB.
    The proposal contains revisions to current information collections 
subject to the PRA. To implement these requirements, the agencies would 
revise and extend for three years the (1) Reporting, Recordkeeping, and 
Disclosure Requirements Associated with Regulatory Capital Rules (OMB 
Nos. 1557-0318, 3064-0153, and 7100-0313) and (2) Reporting, 
Recordkeeping, and Disclosure Requirements Associated with Market Risk 
Capital Rules (OMB Nos. 1557-0247, 3064-0178, and 7100-0314). These 
information collections are also being revised by the standardized 
approach proposal. For ease of reference, the proposed revisions to 
these information collections by this proposal as well as the 
standardized approach proposal will be addressed in a separate Federal 
Register notice.
    The Board would also revise and extend for three years the (1) 
Financial Statements for Holding Companies (FR Y-9; OMB No. 7100-0128), 
(2) the Capital Assessments and Stress Testing (FR Y-14A/Q/M; OMB No. 
7100-0341), and (3) the Systemic Risk Report (FR Y-15; OMB No. 7100-
0352). The proposed revisions to these Board reports will be addressed 
in one or more separate Federal Register notices.
    Finally, the agencies, under the auspices of the FFIEC, would also 
propose related revisions to (1) all versions of the Consolidated 
Reports of Condition and Income (Call Reports) (FFIEC 031, FFIEC 041, 
and FFIEC 051; OMB Nos. 1557-0081; 3064-0052, and 7100-0036), (2) the 
Regulatory Capital Reporting for Institutions Subject to the Advanced 
Capital Adequacy Framework (FFIEC 101; OMB Nos. 1557-0239, 3064-0159, 
and 7100-0319), and (3) the Market Risk Regulatory Report for 
Institutions Subject to the Market Risk Capital Rule (FFIEC 102; OMB 
Nos. 1557-0325, 3064-0199, and 7100-0365). The proposed revisions to 
these FFIEC reports will be addressed in one or more separate Federal 
Register notices.

B. Regulatory Flexibility Act

OCC
    The Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq., 
requires an agency, in connection with a proposed rule, to prepare an 
Initial Regulatory Flexibility Analysis describing the impact of the 
rule on small entities (defined by the Small Business Administration 
(SBA) for purposes of the RFA to include commercial banks and savings 
institutions with total assets of $850 million or less (NAICS Code: 
522110) and $47 million for trust companies (NAICS Code: 523991)) or to 
certify that the proposed rule would not have a significant economic 
impact on a substantial number of small entities. The OCC currently 
supervises approximately 609 small entities.\772\
---------------------------------------------------------------------------

    \772\ Consistent with the General Principles of Affiliation 13 
CFR 121.103(a), OCC staff count the assets of affiliated financial 
institutions when determining whether to classify an OCC-supervised 
institution as a small entity. OCC staff use December 31, 2024, to 
determine size because a ``financial institution's assets are 
determined by averaging the assets reported on its four quarterly 
financial statements for the preceding year.'' See footnote 8 of the 
U.S. Small Business Administration's Table of Size Standards.
---------------------------------------------------------------------------

    The OCC estimates that the proposed rule would impact none of these 
small entities, as the scope of the rule only applies to large national 
banks and FSAs and their subsidiaries. Therefore, the OCC certifies 
that the proposed rule would not have a significant economic impact on 
a substantial number of small entities.
Board
    The Board is providing an initial regulatory flexibility analysis 
with respect to this proposed rule. The Regulatory Flexibility Act 
\773\ (RFA) requires an agency to consider whether the rule it proposes 
will have a significant economic impact on a substantial number of 
small entities.\774\ In connection with a proposed rule, the RFA 
requires an agency to prepare and invite public comment on an initial 
regulatory flexibility analysis describing the impact of the rule on 
small entities, unless the agency certifies that the proposed rule, if 
promulgated, will not have a significant economic impact on a 
substantial number of small entities. An initial regulatory flexibility 
analysis must contain (1) a description of the reasons why action by 
the agency is being considered; (2) a succinct statement of the 
objectives of, and legal basis for, the proposed rule; (3) a 
description of, and, where feasible, an estimate of the number of small 
entities to which the proposed rule will apply; (4) a description of 
the projected reporting, recordkeeping, and other compliance 
requirements of the proposed rule, including an estimate of the classes 
of small entities that will be subject to the requirement and the type 
of professional skills necessary for preparation of the report or 
record; (5) an identification, to the extent practicable, of all 
relevant Federal rules which may duplicate, overlap with, or conflict 
with the proposed rule; and (6) a description of any significant 
alternatives to the proposed rule which accomplish the stated 
objectives of applicable statutes and minimize any significant economic 
impact of the proposed rule on small entities.\775\
---------------------------------------------------------------------------

    \773\ 5 U.S.C. 601 et seq.
    \774\ Under regulations issued by the U.S. Small Business 
Administration (SBA), a small entity includes a depository 
institution, bank holding company, or savings and loan holding 
company with total assets of $850 million or less. See 13 CFR 
121.201. Consistent with the SBA's General Principles of 
Affiliation, the Board includes the assets of all domestic and 
foreign affiliates toward the applicable size threshold when 
determining whether to classify a particular entity as a small 
entity. See 13 CFR 121.103. As of the second quarter of 2025, there 
were approximately 2,796 small bank holding companies and 
approximately 157 small savings and loan holding companies, and 
approximately 443 small state member banks.
    \775\ 5 U.S.C. 603(b)-(c).
---------------------------------------------------------------------------

    The Board has considered the potential impact of the proposed rule 
on small entities in accordance with the RFA. Based on its analysis and 
for the reasons stated below, the Board believes that this proposed 
rule will not have a significant economic impact on a substantial 
number of small entities. Nevertheless, the Board is publishing and 
inviting comment on this initial regulatory flexibility analysis. The 
proposal would also make

[[Page 15152]]

corresponding changes to the Board's reporting forms.
    As discussed in detail in sections I through X of this 
SUPPLEMENTARY INFORMATION, the proposed rule would substantially revise 
the capital requirements applicable to large banking organizations and 
to banking organizations with significant trading activity. The 
revisions set forth in the proposal would improve the calculation of 
risk-based capital requirements to better reflect the risks of these 
banking organizations' exposures, reduce the complexity of the 
framework, enhance the consistency of requirements across these banking 
organizations, change the definition of capital, amend certain dollar-
based regulatory thresholds, and facilitate more effective supervisory 
and market assessments of capital adequacy. The revisions would include 
replacing current requirements that include the use of banking 
organizations' internal models for credit risk and operational risk 
with standardized approaches and replacing the current market risk and 
credit valuation adjustment risk requirements with revised approaches. 
Requirements under the proposal would generally be consistent with 
international capital standards issued by the Basel Committee.
    Congress has authorized the agencies to establish risk-based 
capital requirements and standards for banking organizations subject to 
this proposal. Section 165 of the Dodd-Frank Wall Street Reform and 
Consumer Protection Act (Dodd-Frank Act),\776\ as amended by section 
401 of the Economic Growth, Regulatory Relief, and Consumer Protection 
Act,\777\ requires the Board to establish enhanced prudential standards 
that include risk-based capital requirements for bank holding companies 
with $250 billion or more in total consolidated assets.\778\ The prompt 
corrective action framework in section 38 of the Federal Deposit 
Insurance Act (FDI Act) requires the agencies to prescribe capital 
standards for insured depository institutions that include a risk-based 
capital requirement and provides that the agencies may establish any 
additional relevant capital measures to carry out the purpose of that 
section.\779\ Various other statutory authorities provide the agencies 
with broad discretionary authority to set capital requirements and 
standards for banking organizations supervised by the agencies, 
including national banking associations, state-chartered banks, savings 
associations, and depository institution holding companies.\780\
---------------------------------------------------------------------------

    \776\ Dodd-Frank Wall Street Reform and Consumer Protection Act, 
Public Law 111-203, 124 Stat. 1376 (2010).
    \777\ Economic Growth, Regulatory Relief, and Consumer 
Protection Act, Public Law 115-174, 132 Stat. 1296 (2018).
    \778\ See 12 U.S.C. 5365(a)(1), (b)(1)(A)(i). Section 165 of the 
Dodd-Frank Act also provides that the Board may apply any prudential 
standard established under section 165 to any bank holding company 
with $100 billion or more in total consolidated assets to which the 
prudential standard does not otherwise apply, under certain 
circumstances. 12 U.S.C. 5365(a)(2)(C). Section 165, in relevant 
part, also applies to foreign banks or companies that are treated as 
a bank holding company for purposes of the Bank Holding Company Act. 
See 12 U.S.C. 3106(a), 5311(a)(1). See also section 401(g) of the 
Economic Growth, Regulatory Relief, and Consumer Protection Act 
(regarding the Board's authority to establish enhanced prudential 
standards for foreign banking organizations with total consolidated 
assets of $100 billion or more). 12 U.S.C. 5365 note.
    \779\ See 12 U.S.C. 1831o(c)(1)(A), (c)(1)(B)(i).
    \780\ See 12 U.S.C. 93a (national banking associations); 12 
U.S.C. 248(i), 324, 327, 329 (state member banks); 12 U.S.C. 1463 
(savings associations); 12 U.S.C. 1467a(g)(1) (savings and loan 
holding companies); 12 U.S.C. 1844(b) (bank holding companies); 12 
U.S.C. 3106 (certain U.S. operations of foreign banking 
organizations); 12 U.S.C. 3902(1)-(2), 3907(a), 3909(a), (c)(1)-(2) 
(depository institutions; affiliates of depository institutions, 
including holding companies; and certain U.S. operations of foreign 
banking organizations); 12 U.S.C. 5371 (insured depository 
institutions, depository institution holding companies, and nonbank 
financial companies supervised by the Board). Additional statutory 
authorities relevant to the agencies' capital rule can be found in 
the authority citations in the capital rule. See 12 CFR part 3 
(OCC); 12 CFR part 217 (Board); 12 CFR part 324 (FDIC).
---------------------------------------------------------------------------

    As discussed in more detail in section II of this SUPPLEMENTARY 
INFORMATION, the proposed rule would apply to Category I and II banking 
organizations, as well as to banking organizations with significant 
trading activity. Under the proposed rule, a banking organization with 
significant trading activity would include any banking organization 
with average aggregate trading assets and trading liabilities, 
excluding customer and proprietary broker-dealer reserve bank accounts, 
over the previous four calendar quarters equal to $5 billion or more, 
or equal to 10 percent or more of total consolidated assets at quarter 
end as reported on the most recent quarterly regulatory report. 
Additionally, the proposal would allow other banking organizations to 
opt into the expanded risk-based approach. Banking organizations that 
choose this option would also be subject to the definition of capital 
that applies to Category I and II banking organizations. Accordingly, 
essentially all banking organizations to which the proposed rule would 
apply exceed the SBA's $850 million total asset threshold, except for 
small entities that opt into the framework set out in the proposed 
rule. A small entity could choose not to opt into the framework set out 
in this proposal and would not be required to make any changes to its 
current reporting, recordkeeping, or compliance systems in order to 
elect not to adopt this framework; the proposed rule, therefore, would 
not impose mandatory requirements or costs on any small entities.
    As discussed in more detail in the Paperwork Reduction Act section, 
the proposed rule, once final, would require changes to the 
Consolidated Financial Statements for Holding Companies report (FR Y-
9C) and the Capital Assessments and Stress Testing reports (FR Y-14A 
and FR Y-14Q).
    The Board is aware of no other Federal rules that duplicate, 
overlap, or conflict with the proposed changes to the capital rule. The 
Board also is aware of no significant alternatives to the proposed rule 
that would accomplish the stated objectives of applicable statutes. 
Because the proposed rule generally would not apply to any small 
entities supervised by the Board, there are no alternatives that could 
minimize the impact of the proposed rule on small entities.
    Therefore, the Board believes that the proposed rule would not have 
a significant economic impact on a substantial number of small entities 
supervised by the Board.
    The Board welcomes comment on all aspects of its analysis. In 
particular, the Board requests that commenters describe the nature of 
any impact on small entities and provide empirical data to illustrate 
and support the extent of the impact.
FDIC
    The Regulatory Flexibility Act (RFA) generally requires an agency, 
in connection with a proposed rulemaking, to prepare and make available 
for public comment an initial regulatory flexibility analysis that 
describes the impact of the proposed rule on small entities.\781\ 
However, an initial regulatory flexibility analysis is not required if 
the agency certifies that the proposed rule will not, if promulgated, 
have a significant economic impact on a substantial number of small 
entities. The Small Business Administration (SBA) has defined ``small 
entities'' to include banking organizations with total assets of less 
than or equal to $850 million.\782\

[[Page 15153]]

For the reasons described below, the FDIC certifies that the proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
---------------------------------------------------------------------------

    \781\ 5 U.S.C. 601 et seq.
    \782\ The SBA defines a small banking organization as having 
$850 million or less in assets, where an organization's ``assets are 
determined by averaging the assets reported on its four quarterly 
financial statements for the preceding year.'' See 86 FR 69118 which 
amends 13 CFR 121.201, (effective December 19, 2022.). In its 
determination, the ``SBA counts the receipts, employees, or other 
measure of size of the concern whose size is at issue and all of its 
domestic and foreign affiliates.'' See 13 CFR 121.103. Following 
these regulations, the FDIC uses a covered entity's affiliated and 
acquired assets, averaged over the preceding four quarters, to 
determine whether the covered entity is ``small'' for the purposes 
of RFA.
---------------------------------------------------------------------------

    As discussed in section IV, the proposed rule, if enacted, would 
revise the risk-based capital requirements applicable to Category I and 
II holding companies and their subsidiary Depository Institutions 
(DIs).\783\ Specifically, these banking organizations would be subject 
to a single set of risk-based capital ratio requirements based on the 
expanded risk-based approach, as defined in section III. According to 
Call Reports, there are 2,802 FDIC-supervised DIs that report risk-
based capital.\784\ Of these, approximately 2,085 would be considered 
small entities for the purposes of the RFA.\785\ As of June 30, 2025, 
there were 9 top-tier U.S. depository institution holding companies and 
22 U.S.-based depository institutions that report risk-based capital 
figures and are subject to Category I or II standards.\786\ As of June 
30, 2025, the FDIC supervised one DI that is a subsidiary of a holding 
company subject to the Category I capital standards and no DIs that are 
subsidiaries of holding companies subject to the Category II capital 
standards.\787\ This FDIC-supervised DI is not considered a small 
entity for the purposes of the RFA because it is a subsidiary of a 
holding company with over $850 million in total assets. Therefore, no 
FDIC-supervised small entities would be subject to the expanded risk-
based approach should the proposed rule be enacted.
---------------------------------------------------------------------------

    \783\ Covered banking organizations surpassing certain trading 
asset thresholds would also be subject to the proposal.
    \784\ Call Reports data, June 30, 2025. The count of potential 
covered entities excludes six insured, domestic branches of foreign 
banks.
    \785\ Call Reports data, June 30, 2025.
    \786\ On November 1, 2019, the banking agencies established four 
risk-based categories in order to tailor requirements under the 
agencies' regulatory capital and liquidity rules to banking 
organizations with assets of $100 billion or more (84 FR 59230). 
These Tailored Categories are defined in 12 CFR part 252 (84 FR 
59032). The tailored holding company and depository institutions 
counts are based on June 2025 Call Reports, FR Y-9C data, and FR Y-
15 data.
    \787\ Counts are based on June 30, 2025 Call Reports, FR Y-9C 
data, and FR Y-15 data.
---------------------------------------------------------------------------

    As discussed in section II.A, the proposed rule would allow any 
non-Category I or II covered banking organization to elect to use the 
expanded risk-based approach. Electing the expanded risk-based approach 
would entail compliance with other requirements, notably the need to 
capitalize separately for operational risk and ineligibility to elect 
the AOCI filter for banking organizations below the Category IV 
threshold. Banking organizations electing to use the expanded risk-
based approach would be required to fully implement its applicable 
provisions, including the capital, operational risk, recordkeeping, 
reporting, and disclosure elements. Further, they would be required to 
reflect most elements of AOCI in regulatory capital even if they 
subsequently change to the standardized approach.
    Banking organizations that qualify as small entities have simpler 
business models with risk management and reporting systems designed for 
their size and activities. If they elect the requirements under the 
proposal, they may be required to set up, operate, maintain, and keep 
records on more granular systems that would not likely yield benefits 
that would warrant the additional costs to these small entities.
    As mentioned, the agencies are concurrently publishing a separate 
proposal that revises the standardized approach risk-based capital 
requirements. Small entities that use the proposed standardized 
approach or elect to use the CBLR framework would avoid the expanded 
risk-based approach requirements designed for larger, more complex 
banking organizations.\788\
---------------------------------------------------------------------------

    \788\ The CBLR criteria currently require a banking organization 
to have less than $10 billion in total assets, meet a minimum 
required ratio of tangible equity capital to its average total 
consolidated assets of 9 percent, hold off-balance sheet exposures 
of 25 percent or less of total consolidated assets, and hold total 
trading assets plus trading liabilities of 5 percent or less of 
total consolidated assets. As of June 30, 2025, over 1,000 FDIC-
supervised DI elect to use the CBLR framework. A recent proposal 
would reduce the required leverage ratio from 9 percent to 8 
percent, and extend the grace period for an eligible banking 
organization that fails to meet the qualifying criteria after opting 
into the CBLR framework. 90 FR 55048 (Dec. 1, 2025).
---------------------------------------------------------------------------

    Under the scenario in which all three frameworks are finalized as 
proposed, the agencies believe that FDIC-supervised small entities are 
most likely to choose as their required capital framework either (1) 
the concurrently proposed revised standardized approach or (2) the 
recently proposed revised CBLR, as these two frameworks are better 
suited to the size and complexity of small entities than is the 
proposed expanded risk-based approach. For eligible small entities, the 
two options present a basic tradeoff between lower required capital 
under the proposed revised standardized approach and simpler reporting 
requirements under proposed revised CBLR.\789\
---------------------------------------------------------------------------

    \789\ See the Economic Impact section of the Regulatory Capital 
and Standardized Approach for Risk-weighted Assets Notice of 
Proposed Rulemaking for more information on small banking 
organizations' incentives to select between the standardized 
approach and the CBLR.
---------------------------------------------------------------------------

    For these reasons, the FDIC does not expect a substantial number of 
small entities to elect to use the proposed expanded risk-based 
approach.
    Some effects of the proposal on small entities would occur 
regardless of whether the entities adopt the expanded-risk based 
approach. First, aspects of the proposal discussed in sections III and 
IV.A may indirectly support small entities by increasing the 
attractiveness of correspondent lending models and other forms of loan 
participation agreements.\790\ Smaller lenders can cultivate customers 
via their superior local knowledge while turning to larger banking 
organizations for funding and for their facility with securitization 
markets.\791\ The proposed removal of the mortgage servicing assets 
deduction treatment would also make mortgage lending relationships 
under these types of models more attractive, particularly for Ginnie 
Mae securitizations where lenders must pool together multiple loans 
themselves. Second, the proposed reduction in capital requirements in 
the expanded risk-based approach, in principle, could have 
competitiveness impacts in certain lending markets that may indirectly 
affect small entities. However, the agencies designed this proposal and 
the standardized approach proposal concurrently, in part to mitigate 
potential competitiveness impacts on smaller banking organizations. 
Several changes in proposed risk weights applicable to Category I and 
II banking organizations through the expanded risk-based approach have 
corresponding changes to proposed risk weights applicable to smaller 
banking organizations (including small entities) through the 
standardized approach proposal. Therefore, the agencies believe 
indirect competitiveness effects on small entities generally would be

[[Page 15154]]

small. The agencies do not have the data necessary to estimate the 
magnitudes of these additional effects on small entities, but believe 
that these effects do not rise to a significant level for a substantial 
number of small entities.
---------------------------------------------------------------------------

    \790\ See Michael Poprik, ``Loan Participations: Lessons Learned 
During a Period of Economic Malaise,'' Federal Reserve Bank of 
Richmond Community and Regional Supervision (2013), https://www.communitybankingconnections.org/articles/2013/q2/loan-participations.
    \791\ See Richard Stanton, Johan Walden, & Nancy Wallace, ``The 
Industrial Organization of the US Residential Mortgage Market,'' 
Annual Review of Financial Economics, no. 6 (2014), available at: 
https://doi.org/10.1146/annurev-financial-110613-034324 and David 
Benson, You Suk Kim, & Karen Pence, ``Bank Aggregator Exit, Nonbank 
Entry, and Credit Supply in the Mortgage Industry,'' Working Paper 
(2023), https://www.fdic.gov/system/files/2024-07/kim-paper.pdf.
---------------------------------------------------------------------------

    For the reasons outlined above, the FDIC certifies that the 
proposed rule, if adopted, would not have a significant economic effect 
on a substantial number of small entities.

C. Plain Language

    Section 722 of the Gramm-Leach Bliley Act \792\ requires the 
Federal banking agencies \793\ to use plain language in all proposed 
and final rules published after January 1, 2000. The agencies have 
sought to present the proposal in a simple and straightforward manner 
and invite comments on the use of plain language and whether any part 
of the proposal could be more clearly stated. For example:
---------------------------------------------------------------------------

    \792\ Public Law 106-102, section 722, 113 Stat. 1338, 1471 
(1999).
    \793\ The Federal banking agencies are the OCC, Board, and FDIC.
---------------------------------------------------------------------------

     Have the agencies presented the material in an organized 
manner that meets your needs? If not, how could this material be better 
organized?
     Are the requirements in the notice of proposed rulemaking 
clearly stated? If not, how could the proposed rule be more clearly 
stated?
     Does the proposed rule contain language that is not clear? 
If so, which language requires clarification?
     Would a different format (grouping and order of sections, 
use of headings, paragraphing) make the proposed rule easier to 
understand? If so, what changes to the format would make the proposed 
rule easier to understand?
     What else could the agencies do to make the proposed rule 
easier to understand?

D. Riegle Community Development and Regulatory Improvement Act of 1994

    Pursuant to section 302(a) of the Riegle Community Development and 
Regulatory Improvement Act (RCDRIA),\794\ in determining the effective 
date and administrative compliance requirements for new regulations 
that impose additional reporting, disclosure, or other requirements on 
insured depository institutions, each Federal banking agency must 
consider, consistent with principles of safety and soundness and the 
public interest, any administrative burdens that such regulations would 
place on depository institutions, including small depository 
institutions, and customers of depository institutions, as well as the 
benefits of such regulations. In addition, section 302(b) of RCDRIA 
requires new regulations and amendments to regulations that impose 
additional reporting, disclosures, or other new requirements on insured 
depository institutions generally to take effect on the first day of a 
calendar quarter that begins on or after the date on which the 
regulations are published in final form, with certain exceptions, 
including for good cause.\795\
---------------------------------------------------------------------------

    \794\ 12 U.S.C. 4802(a).
    \795\ 12 U.S.C. 4802.
---------------------------------------------------------------------------

    The agencies note that comment on these matters has been solicited 
in other sections of this SUPPLEMENTARY INFORMATION section, and that 
the requirements of RCDRIA will be considered as part of the overall 
rulemaking process. In addition, the agencies also invite any other 
comments that further will inform the agencies' consideration of 
RCDRIA.

E. OCC Unfunded Mandates Reform Act of 1995 Determination

    The OCC has analyzed the proposed rule under the factors in the 
Unfunded Mandates Reform Act of 1995 (UMRA) (2 U.S.C. 1532). Under this 
analysis, the OCC considered whether the proposed rule includes a 
Federal mandate that may result in the expenditure by State, local, and 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any one year, adjusted annually for inflation 
(currently $187 million \796\).
---------------------------------------------------------------------------

    \796\ OCC staff estimate the UMRA inflation adjustment using the 
change in the annual average of the U.S. GDP Implicit Price Deflator 
between 1995 and 2024, which are the most recent annual data 
available. According to Bureau of Economic Analysis data released on 
March 27, 2025, the deflator was 66.939 in 1995 and 125.230 in 2024, 
resulting in an inflation adjustment factor of 1.87 (125.230/66.939 
= 1.87 rounded to the nearest hundredth, and $100 million x 1.87 = 
$187 million).
---------------------------------------------------------------------------

    To estimate the compliance costs of the proposal, OCC staff 
reviewed the new mandates that affect OCC-supervised banks, and then 
considered costs that may arise from compliance with these mandates, 
including the total hours needed per bank, on average, for systems 
development, data acquisition, data aggregation and reporting, 
calculation and verification, training, and risk management. Based on 
internal discussions with OCC subject matter experts, OCC staff 
estimate a one-time implementation cost of approximately $110 
million.\797\ Thus, the OCC concludes that the expenditures imposed by 
the rule will be less than $187 million. Accordingly, the UMRA does not 
require that a written statement accompany this rule.
---------------------------------------------------------------------------

    \797\ These compliance cost estimates are subject to 
considerable uncertainty. They should be interpreted as approximate, 
order-of-magnitude estimates rather than precise measures of the 
actual costs individual banks will incur.
---------------------------------------------------------------------------

F. Executive Orders 12866, 13563 and 14192

    Executive Order 12866 (Regulatory Planning and Review) \798\ and 
Executive Order 13563 (Improving Regulation and Regulatory Review) 
\799\ direct agencies to assess the costs and benefits of available 
regulatory alternatives and, if regulation is necessary, to select 
regulatory approaches that maximize net benefits. This proposed rule 
was drafted and reviewed in accordance with Executive Order 12866 and 
Executive Order 13563. Within OMB, the Office of Information and 
Regulatory Affairs (OIRA) has determined that this rulemaking is `an 
economically significant regulatory action' under section 3(f)(1) of 
Executive Order 12866. Accordingly, the draft rule was submitted to 
OIRA for review. As noted in other sections of the SUPPLEMENTARY 
INFORMATION of this document, the agencies have assessed the costs and 
benefits of this rulemaking and have made a reasoned determination that 
the benefits of this rulemaking justify its costs. The proposal, if 
finalized as proposed, is not expected to be an Executive Order 14192 
regulatory action.
---------------------------------------------------------------------------

    \798\ E.O. 12866, 58 FR 51735 (Oct. 4, 1993).
    \799\ E.O. 13563, 76 FR 3821 (Jan. 21, 2011).
---------------------------------------------------------------------------

G. Providing Accountability Through Transparency Act of 2023

    The Providing Accountability Through Transparency Act of 2023 (5 
U.S.C. 553(b)(4)) requires that a notice of proposed rulemaking include 
the internet address of a summary of not more than 100 words in length 
of the proposed rule, in plain language, that shall be posted on the 
internet website under section 206(d) of the E-Government Act of 2002 
(44 U.S.C. 3501 note).
    In summary, the bank regulatory agencies request comment on a 
proposal to revise the risk-based capital requirements that apply to 
the largest, most internationally active firms to substantially 
simplify the framework, better align minimum requirements with risk, 
improve the consistency of requirements across U.S. firms, consider 
overlaps with the stress capital buffer requirement, and align 
requirements with international standards while ensuring the framework 
accounts for specific features of U.S. markets.

[[Page 15155]]

    The proposal and such a summary can be found at https://www.regulations.gov by searching for Docket ID OCC-2026-0265 and 
https://occ.gov/topics/laws-and-regulations/occ-regulations/proposed-issuances/index-proposed-issuances.html, https://www.federalreserve.gov/supervisionreg/reglisting.htm, and https://www.fdic.gov/federal-register-publications.

Text of Common Rule

Subpart E--Risk-Weighted Assets--Expanded Risk-Based Approach

Sec.  __.100 Purpose and Applicability
    (a) Purpose. This subpart sets forth methodologies for determining 
expanded total risk-weighted assets for purposes of the expanded 
capital ratio calculations.
    (b) Applicability.
    (1) This subpart applies to any Category I [BANKING ORGANIZATION], 
any Category II [BANKING ORGANIZATION], and any [BANKING ORGANIZATION] 
that elects to use this subpart under Sec.  __.10(b).
    (2) The [AGENCY] may apply this subpart to any [BANKING 
ORGANIZATION] if the [AGENCY] deems it necessary or appropriate to 
ensure safe and sound banking practices.
    (c) Notwithstanding any other provision of this section, a market 
risk [BANKING ORGANIZATION] must exclude from its calculation of risk-
weighted assets under this subpart the risk-weighted asset amounts of 
all market risk covered positions, as defined in subpart F of this part 
(except foreign exchange positions that are not trading positions, OTC 
derivative positions, cleared transactions, and unsettled 
transactions).
Sec.  __.101 Definitions
    (a) Terms that are set forth in Sec.  __.2 and used in this subpart 
have the definitions assigned thereto in Sec.  __.2 unless otherwise 
defined in paragraph (b) of this section.
    (b) For purposes of this subpart, the following terms are defined 
as follows:
    Acquisition, development, or construction (ADC) exposure means a 
loan secured by real estate for the purpose of acquiring, developing, 
or constructing residential or commercial real estate properties, as 
well as all land development loans, and all other land loans.
    Bank exposure means an exposure to a depository institution, 
foreign bank, or credit union.
    Dependent on the cash flows generated by the real estate means, for 
a real estate exposure, that the underwriting, at the time of 
origination, considers the cash flows generated by lease, rental, or 
sale of the real estate securing the loan as a source of repayment. For 
purposes of this definition, a residential mortgage exposure that is 
secured by the borrower's principal residence is deemed not dependent 
on the cash flows generated by the real estate.
    Dividend income means all dividends received on securities not 
consolidated in the [BANKING ORGANIZATION]'s financial statements.
    Grade A bank exposure means:
    (1) A bank exposure for which the depository institution, foreign 
bank, or credit union is investment grade and whose most recent capital 
ratios meet or exceed the higher of:
    (i) The minimum capital requirements and any additional amounts 
necessary to not be subject to limitations on distributions and 
discretionary bonus payments under capital rules established by the 
prudential supervisor of the depository institution, foreign bank, or 
credit union; and
    (ii) If applicable, the capital ratio requirements for the well 
capitalized capital category under the regulations of the appropriate 
Federal banking agency implementing 12 U.S.C. 1831o or under similar 
regulations of the National Credit Union Administration.
    (2) Notwithstanding paragraph (1) of this definition, an exposure 
is not a Grade A bank exposure if:
    (i) The capital ratios for the depository institution, foreign 
bank, or credit union have not been publicly disclosed within the 
previous 6 months;
    (ii) The external auditor of the depository institution, foreign 
bank, or credit union has issued an adverse audit opinion or has 
expressed substantial doubt about the ability of the depository 
institution, foreign bank, or credit union to continue as a going 
concern within the previous 12 months; or
    (iii) For a foreign bank, the capital standards imposed by the home 
country supervisor on the foreign bank are not broadly consistent with 
the Capital Accord of the Basel Committee on Banking Supervision.
    Grade B bank exposure means:
    (1) A bank exposure that is not a Grade A bank exposure and for 
which the depository institution, foreign bank, or credit union is 
speculative grade or investment grade and whose most recent capital 
ratios meet or exceed the higher of:
    (i) The minimum capital requirements under capital rules 
established by the prudential supervisor of the depository institution, 
foreign bank, or credit union; and
    (ii) If applicable, the capital ratio requirements for the 
adequately capitalized category under the regulations of the 
appropriate Federal banking agency implementing 12 U.S.C. 1831o or 
under similar regulations of the National Credit Union Administration.
    (2) Notwithstanding paragraph (1) of this definition, an exposure 
to a depository institution, foreign bank, or credit union is not a 
Grade B bank exposure if:
    (i) The capital ratios for the depository institution, foreign 
bank, or credit union have not been publicly disclosed within the 
previous 6 months;
    (ii) The external auditor of the depository institution, foreign 
bank, or credit union has issued an adverse audit opinion or has 
expressed substantial doubt about the ability of the depository 
institution, foreign bank, or credit union to continue as a going 
concern within the previous 12 months; or
    (iii) For a foreign bank, the capital standards imposed by the home 
country supervisor on the foreign bank are not broadly consistent with 
the Capital Accord of the Basel Committee on Banking Supervision.
    Grade C bank exposure means a bank exposure for which the 
depository institution, foreign bank, or credit union does not qualify 
as a Grade A bank exposure or a Grade B bank exposure.
    Interest-earning assets means the sum of all gross outstanding 
loans and leases, securities that pay interest, interest-bearing 
balances, Federal funds sold, and securities purchased under agreement 
to resell.
    Investment management means asset management, wealth management and 
private banking, including professional management of mutual funds and 
institutional accounts, and professional portfolio management and 
advisory services for individuals.
    Investment services means asset servicing (which include custody, 
fund services, securities lending, liquidity services, collateral 
management, and other asset servicing; as well as recording keeping 
services for 401K and employee benefit plans, but exclude funding or 
guarantee products offered to such clients), issuer services (which 
include corporate trust, shareowner services, depository receipts, and 
other issuer services), and other investment services (which include 
clearing and other investment services).
    Noninterest expense for BI means other noninterest expense, based 
on the consolidated financial statements of the

[[Page 15156]]

[BANKING ORGANIZATION], excluding expenses that relate to non-financial 
services received by the [BANKING ORGANIZATION] and operational losses. 
Noninterest expense for BI does not include salaries and employee 
benefits, expenses of premises and fixed assets, goodwill impairment 
losses, or amortization expense and impairment losses for other 
intangible assets.
    Non-lending treasury services means cash management, global 
payments, and deposit services (and excludes any lending or card 
activities).
    Operational loss means all losses (excluding insurance or tax 
effects) resulting from an operational loss event, including any 
reduction in previously reported capital levels attributable to 
restatements or corrections of financial statements. Operational loss 
includes all expenses associated with an operational loss event except 
for opportunity costs, forgone revenue, and costs related to risk 
management and control enhancements implemented to prevent future 
operational losses. Operational loss does not include losses that are 
also credit losses and are related to exposures within the scope of the 
credit risk-weighted assets framework (except for retail credit card 
losses arising from non-contractual, third-party-initiated fraud, which 
are operational losses).
    Operational loss event means an event that results in loss due to 
inadequate or failed internal processes, people, and systems or from 
external events. This includes legal loss events and restatements or 
corrections of financial statements that result in a reduction of 
capital relative to amounts previously reported. Losses with a common 
underlying trigger must be grouped into a single operational loss 
event. Operational loss events are classified according to the 
following seven operational loss event types:
    (1) Internal fraud, which means the operational loss event type 
that comprises operational losses resulting from an act involving at 
least one internal party of a type intended to defraud, misappropriate 
property, or circumvent regulations, the law, or company policy 
excluding diversity and discrimination noncompliance events.
    (2) External fraud, which means the operational loss event type 
that comprises operational losses resulting from an act by a third 
party of a type intended to defraud, misappropriate property, or 
circumvent the law. Retail credit card losses arising from non-
contractual, third-party-initiated fraud (for example, identity theft) 
are external fraud operational losses.
    (3) Employment practices and workplace safety, which means the 
operational loss event type that comprises operational losses resulting 
from an act inconsistent with employment, health, or safety laws or 
agreements, payment of personal injury claims, or payment arising from 
diversity and discrimination noncompliance events.
    (4) Clients, products, and business practices, which means the 
operational loss event type that comprises operational losses resulting 
from the nature or design of a product or from an unintentional or 
negligent failure to meet a professional obligation to specific clients 
(including fiduciary and suitability requirements).
    (5) Damage to physical assets, which means the operational loss 
event type that comprises operational losses resulting from the loss of 
or damage to physical assets from natural disaster or other events.
    (6) Business disruption and system failures, which means the 
operational loss event type that comprises operational losses resulting 
from disruption of business or system failures, including hardware, 
software, telecommunications, utility outage or disruptions.
    (7) Execution, delivery, and process management, which means the 
operational loss event type that comprises operational losses resulting 
from failed transaction processing or process management or losses 
arising from relations with trade counterparties and vendors.
    Operational risk means the risk of loss resulting from inadequate 
or failed internal processes, people, and systems or from external 
events (including legal risk but excluding strategic risk).
    Other real estate exposure means a real estate exposure that is not 
a regulatory commercial real estate exposure, a regulatory residential 
real estate exposure, a pre-sold construction loan, a statutory 
multifamily mortgage, an HVCRE exposure, or an ADC exposure.
    Project finance exposure means a corporate exposure:
    (1) For which the [BANKING ORGANIZATION] relies on the revenues 
generated by a single project, both as the source of repayment and as 
security for the loan;
    (2) The exposure is to an entity that was created specifically to 
finance the project, operate the physical assets of the project, or do 
both; and
    (3) The borrowing entity has an immaterial amount of assets, 
activities, or sources of income, apart from those related to the 
project being financed.
    Project finance operational phase exposure means a project finance 
exposure where the project has positive net cash flow that is 
sufficient to support the debt service and expenses of the project and 
any other remaining contractual obligation, in accordance with the 
[BANKING ORGANIZATION]'s applicable loan underwriting criteria for 
permanent financings, and where the outstanding long-term debt on the 
project is declining.
    Real estate exposure means an exposure that is neither a sovereign 
exposure nor an exposure to a PSE and that is:
    (1) A residential mortgage exposure;
    (2) An exposure that is primarily secured by collateral in the form 
of real estate;
    (3) A pre-sold construction loan;
    (4) A statutory multifamily mortgage;
    (5) An HVCRE exposure; or
    (6) An ADC exposure.
    Regulatory commercial real estate exposure means a real estate 
exposure that is not a regulatory residential real estate exposure, an 
ADC exposure, a pre-sold construction loan, a statutory multifamily 
mortgage, or an HVCRE exposure, and that meets the following criteria:
    (1) The exposure must be primarily secured by fully completed real 
estate;
    (2) The [BANKING ORGANIZATION] holds a first priority security 
interest in the property that is legally enforceable in all relevant 
jurisdictions; provided that when the [BANKING ORGANIZATION] also holds 
a junior security interest in the same property and no other party 
holds an intervening security interest, the [BANKING ORGANIZATION] must 
treat the exposures as a single regulatory commercial real estate 
exposure;
    (3) The exposure is made in accordance with prudent underwriting 
standards, including standards relating to the loan amount as a percent 
of the value of the property;
    (4) During underwriting of the loan, the [BANKING ORGANIZATION] 
must have applied underwriting policies that took into account the 
ability of the borrower to repay in a timely manner based on clear and 
measurable underwriting standards that enable the [BANKING 
ORGANIZATION] to evaluate relevant credit factors;
    (5) The property must be valued in accordance with Sec.  __.5; and
    (6) Involves a loan that has not been restructured or modified.
    Regulatory residential real estate exposure means a real estate 
exposure that is a first-lien residential mortgage exposure, that is 
not an ADC exposure, a pre-sold construction loan, a statutory

[[Page 15157]]

multifamily mortgage, or an HVCRE exposure, and that meets the 
following criteria:
    (1) The exposure:
    (i) Is secured by a property that is either owner-occupied or 
rented;
    (ii) Is made in accordance with prudent underwriting standards, 
including standards relating to the loan amount as a percent of the 
value of the property;
    (iii) Involves a loan, for which the [BANKING ORGANIZATION] applied 
underwriting policies that took into account the ability of the 
borrower to repay in a timely manner based on clear and measurable 
underwriting standards that enable the [BANKING ORGANIZATION] to 
evaluate these credit factors, during underwriting of the loan;
    (iv) Is secured by property that is valued in accordance with Sec.  
__.5; and
    (v) Involves a loan that has not been restructured or modified, 
provided that a loan modified or restructured solely pursuant to the 
U.S. Treasury's Home Affordable Mortgage Program is not modified or 
restructured for purposes of this section.
    (2) When a [BANKING ORGANIZATION] holds the first-lien and junior-
lien(s) mortgage exposure, and no other party holds an intervening 
lien, the [BANKING ORGANIZATION] must treat the exposures as a single 
regulatory residential real estate exposure.
    Regulatory retail exposure means a retail exposure that meets both 
of the following criteria:
    (1) Product criterion. The exposure is a revolving credit or line 
of credit or a term loan or lease; and
    (2) Aggregate limit. The sum of the notional amount of the exposure 
and the notional amounts of all other retail exposures to the obligor 
and to its affiliates does not exceed $1 million, as adjusted pursuant 
to Sec.  __.4.
    Retail exposure means an exposure that is not a real estate 
exposure and that meets the following criteria:
    (1) The exposure is to a natural person or persons, or
    (2) The exposure is to an SME and satisfies the criteria in 
paragraphs (1) through (2) of the definition of regulatory retail 
exposure.
    Senior securitization exposure means a securitization exposure that 
has a first-priority claim on the cash flows from the underlying 
exposures. When determining whether a securitization exposure has a 
first-priority claim on the cash flows from the underlying exposures, a 
[BANKING ORGANIZATION] is not required to consider amounts due under 
interest rate derivative, currency derivative, and servicer cash 
advance facility contracts; fees due; and other similar payments. Both 
the most senior commercial paper issued by an ABCP program and a 
liquidity facility that supports the ABCP program may be senior 
securitization exposures if the liquidity facility provider's right to 
reimbursement of the drawn amounts is senior to all claims on the cash 
flows from the underlying exposures except amounts due under interest 
rate derivative, currency derivative, and servicer cash advance 
facility contracts; fees due; and other similar payments.
    Small or medium-sized entity (SME) means an entity in which the 
reported annual revenues or sales for the consolidated group of which 
the entity is a part are less than or equal to $50 million, as adjusted 
pursuant to Sec.  __.4, for the most recent fiscal year.
    Subordinated exposure means an exposure that is a corporate 
exposure, a bank exposure, or an exposure to a GSE that is subordinated 
by its terms or separate intercreditor agreement to the general 
creditors of the obligor, including an exposure to preferred stock that 
is not an equity exposure.
    Transactor exposure means a regulatory retail exposure that is a 
credit facility where the balance has been repaid in full at each 
scheduled repayment date for the previous 12 months or an overdraft 
facility where there has been no drawdown over the previous 12 months.
    Total interest expense means interest expenses related to all 
financial liabilities and other interest expenses.
    Total interest income means interest income from all financial 
assets and other interest income.
Risk-Weighted Assets for Credit Risk
Sec.  __.110 Calculation of Total Risk-Weighted Assets for General 
Credit Risk
    (a) General risk-weighting requirements. A [BANKING ORGANIZATION] 
must apply risk weights to its exposures as follows:
    (1) A [BANKING ORGANIZATION] must determine the exposure amount of 
each on-balance sheet exposure, each derivative contract, and each off-
balance sheet commitment, trade and transaction-related contingency, 
guarantee, repo-style transaction, financial standby letter of credit, 
forward agreement, or other similar transaction that is not:
    (i) An unsettled transaction subject to Sec.  __.117;
    (ii) A cleared transaction subject to Sec.  __.116;
    (iii) A default fund contribution subject to Sec.  __.116;
    (iv) A securitization exposure subject to Sec. Sec.  __.130 through 
__.134;
    (v) An equity exposure (other than an equity derivative contract) 
subject to Sec. Sec.  __.140 through __.142.
    (2) The [BANKING ORGANIZATION] must multiply each exposure amount 
by the risk weight appropriate to the exposure based on the exposure 
type or counterparty, eligible guarantor, or financial collateral to 
determine the risk-weighted asset amount for each exposure.
    (b) Total risk-weighted assets for general credit risk. Total 
credit risk-weighted assets equals the sum of the risk-weighted asset 
amounts calculated under this section.
Sec.  __.111 General Risk Weights
    (a) Sovereign exposures--(1) Exposures to the U.S. government. (i) 
Notwithstanding any other requirement in this subpart, a [BANKING 
ORGANIZATION] must assign a zero percent risk weight to:
    (A) An exposure to the U.S. government, its central bank, or a U.S. 
government agency; and
    (B) The portion of an exposure that is directly and unconditionally 
guaranteed by the U.S. government, its central bank, or a U.S. 
government agency. This includes a deposit or other exposure, or the 
portion of a deposit or other exposure, that is insured or otherwise 
unconditionally guaranteed by the FDIC or the National Credit Union 
Administration.
    (ii) A [BANKING ORGANIZATION] must assign a 20 percent risk weight 
to the portion of an exposure that is conditionally guaranteed by the 
U.S. government, its central bank, or a U.S. government agency. This 
includes an exposure, or the portion of an exposure, that is 
conditionally guaranteed by the FDIC or the National Credit Union 
Administration.
    (iii) A [BANKING ORGANIZATION] must assign a zero percent risk 
weight to a Paycheck Protection Program covered loan as defined in 
section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)).
    (2) Other sovereign exposures. In accordance with Table 1 to Sec.  
__.111, a [BANKING ORGANIZATION] must assign a risk weight to a 
sovereign exposure based on the CRC applicable to the sovereign or the 
sovereign's OECD membership status if there is no CRC applicable to the 
sovereign.

[[Page 15158]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.117

    (3) Certain sovereign exposures. Notwithstanding paragraph (a)(2) 
of this section, a [BANKING ORGANIZATION] may assign to a sovereign 
exposure a risk weight that is lower than the applicable risk weight in 
Table 1 to Sec.  __.111 if:
    (i) The exposure is denominated in the sovereign's currency;
    (ii) The [BANKING ORGANIZATION] has at least an equivalent amount 
of liabilities in that currency; and
    (iii) The risk weight is not lower than the risk weight that the 
home country supervisor allows an organization engaged in the business 
of banking under its jurisdiction to assign to the same exposures to 
the sovereign.
    (4) Exposures to a non-OECD member sovereign with no CRC. Except as 
provided in paragraphs (a)(3), (5) and (6) of this section, a [BANKING 
ORGANIZATION] must assign a 100 percent risk weight to an exposure to a 
sovereign if the sovereign does not have a CRC.
    (5) Exposures to an OECD member sovereign with no CRC. Except as 
provided in paragraph (a)(6) of this section, a [BANKING ORGANIZATION] 
must assign a 0 percent risk weight to an exposure to a sovereign that 
is a member of the OECD if the sovereign does not have a CRC.
    (6) Sovereign default. A [BANKING ORGANIZATION] must assign a 150 
percent risk weight to a sovereign exposure immediately upon 
determining that an event of sovereign default has occurred, or if an 
event of sovereign default has occurred during the previous five years.
    (b) Specified supranational entities and multilateral development 
banks (MDBs). A [BANKING ORGANIZATION] must assign a zero percent risk 
weight to exposures to a specified supranational entity or an MDB.
    (c) Exposures to GSEs. (1) A [BANKING ORGANIZATION] must assign a 
20 percent risk weight to an exposure to a GSE that is not:
    (i) An equity exposure; or
    (ii) A subordinated exposure.
    (2) A [BANKING ORGANIZATION] must assign a 150 percent risk weight 
to a subordinated exposure to a GSE, unless a different risk weight is 
provided under paragraph (c)(3) of this section.
    (3) A [BANKING ORGANIZATION] must assign a 20 percent risk weight 
to a subordinated exposure to a Federal Home Loan Bank or the Federal 
Agricultural Mortgage Corporation (Farmer Mac).
    (d) Exposures to a depository institution, a foreign bank, or a 
credit union. (1) A [BANKING ORGANIZATION] must assign a risk weight to 
a bank exposure in accordance with Table 2 of this section, unless 
otherwise provided under paragraph (d)(3) or (d)(4) of this section.

[[Page 15159]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.118

    (2) A [BANKING ORGANIZATION] must assign a 30 percent risk weight 
to a Grade A bank exposure for which the obligor is:
    (i) A qualifying community banking organization (as defined in 12 
CFR 3.12, 12 CFR 217.12, or 12 CFR 324.12, as applicable) that is 
subject to the community bank leverage ratio framework (as defined in 
12 CFR 3.12, 12 CFR 217.12, or 12 CFR 324.12, as applicable); or
    (ii) A depository institution, foreign bank, or credit union not 
described in paragraph (d)(2)(i) of this section and whose most recent 
capital ratios or net worth ratio, as applicable, meet or exceed the 
following:
    (A) For a depository institution that is a Category I, II, or III 
banking organization, a common equity tier 1 capital ratio of 14 
percent and a supplementary leverage ratio of 5 percent;
    (B) For a depository institution not described in paragraph 
(d)(2)(ii)(A) of this section, a common equity tier 1 capital ratio of 
14 percent and a tier 1 leverage ratio of 5 percent;
    (C) For a credit union, a net worth ratio of 9 percent; or
    (D) For a foreign bank, a common equity tier 1 capital ratio of 14 
percent and a leverage ratio of 5 percent, each under the capital 
requirements imposed by the home country supervisor on that foreign 
bank.
    (3) Notwithstanding paragraphs (d)(1) and (2) of this section, a 
[BANKING ORGANIZATION] must not assign a risk weight to an exposure to 
a foreign bank lower than the risk weight applicable to a sovereign 
exposure of the home country of the foreign bank unless:
    (i) The exposure is in the local currency of the home country of 
the foreign bank;
    (ii) For an exposure to a branch of the foreign bank in a foreign 
jurisdiction that is not the home country of the foreign bank, the 
exposure is in the local currency of the jurisdiction in which the 
foreign branch operates; or
    (iii) The exposure is a self-liquidating, trade-related contingent 
item that arises from the movement of goods and that has a maturity of 
three months or less.
    (4) Notwithstanding paragraph (d)(1), (d)(2), or (d)(3) of this 
section, a [BANKING ORGANIZATION] must assign:
    (i) A risk weight under Sec.  __.141 to a bank exposure that is an 
equity exposure; and
    (ii) A 150 percent risk weight to a bank exposure that is a 
subordinated exposure or an exposure to a covered debt instrument.
    (e) Exposures to public sector entities (PSEs)--(1) Exposures to 
U.S. PSEs. (i) A [BANKING ORGANIZATION] must assign a 20 percent risk 
weight to a general obligation exposure of a PSE that is organized 
under the laws of the United States or any state or political 
subdivision thereof.
    (ii) A [BANKING ORGANIZATION] must assign a 50 percent risk weight 
to a revenue obligation exposure of a PSE that is organized under the 
laws of the United States or any state or political subdivision 
thereof.
    (2) Exposures to foreign PSEs. (i) Except as provided in paragraphs 
(e)(1) and (3) of this section, a [BANKING ORGANIZATION] must assign a 
risk weight to a general obligation exposure to a PSE, in accordance 
with Table 3 to Sec.  __.111, based on the CRC that corresponds to the 
PSE's home country or the OECD membership status of the PSE's home 
country if there is no CRC applicable to the PSE's home country.
    (ii) Except as provided in paragraphs (e)(1) and (e)(3) of this 
section, a [BANKING ORGANIZATION] must assign a risk weight to a 
revenue obligation exposure of a PSE, in accordance with Table 4 to 
Sec.  __.111, based on the CRC that corresponds to the PSE's home 
country; or the OECD membership status of the PSE's home country if 
there is no CRC applicable to the PSE's home country.
    (3) A [BANKING ORGANIZATION] may assign a lower risk weight than 
would otherwise apply under Tables 3 or 4 to Sec.  __.111 to an 
exposure to a foreign PSE if:
    (i) The PSE's home country supervisor allows banks under its 
jurisdiction to assign a lower risk weight to such exposures; and
    (ii) The risk weight is not lower than the risk weight that 
corresponds to the PSE's home country in accordance with Table 1 to 
Sec.  __.111.

[[Page 15160]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.119

[GRAPHIC] [TIFF OMITTED] TP27MR26.120

    (4) Exposures to PSEs from an OECD member sovereign with no CRC. 
(i) A [BANKING ORGANIZATION] must assign a 20 percent risk weight to a 
general obligation exposure to a PSE whose home country is an OECD 
member sovereign with no CRC.
    (ii) A [BANKING ORGANIZATION] must assign a 50 percent risk weight 
to a revenue obligation exposure to a PSE whose home country is an OECD 
member sovereign with no CRC.
    (5) Exposures to PSEs whose home country is not an OECD member 
sovereign with no CRC. A [BANKING ORGANIZATION] must assign a 100 
percent risk weight to an exposure to a PSE whose home country is not a 
member of the OECD and does not have a CRC.
    (6) A [BANKING ORGANIZATION] must assign a 150 percent risk weight 
to a PSE exposure immediately upon determining that an event of 
sovereign default has occurred in a PSE's home country or if an event 
of sovereign default has occurred in the PSE's home country during the 
previous five years.
    (f) Real estate exposures--(1) Statutory multifamily mortgages. A 
[BANKING ORGANIZATION] must assign a 50 percent risk weight to a 
statutory multifamily mortgage.
    (2) Pre-sold construction loans. A [BANKING ORGANIZATION] must 
assign a 50 percent risk weight to a pre-sold construction loan, unless 
the purchase contract is cancelled, in which case a [BANKING 
ORGANIZATION] must assign a 100 percent risk weight.
    (3) High-volatility commercial real estate (HVCRE) exposures. A 
[BANKING ORGANIZATION] must assign a 150 percent risk weight to an 
HVCRE exposure.
    (4) ADC exposures that are not HVCRE exposures. A [BANKING 
ORGANIZATION] must assign a 100 percent risk weight to an ADC exposure 
that is not an HVCRE exposure.
    (5) Regulatory residential real estate exposure. (i) A [BANKING 
ORGANIZATION] must assign a risk weight to a regulatory residential 
real estate exposure that is not dependent on the cash flows generated 
by the real estate based on the exposure's LTV ratio in accordance with 
Table 5 to Sec.  __.111.
    (ii) A [BANKING ORGANIZATION] must assign a risk weight to a 
regulatory residential real estate exposure that is dependent on the 
cash flows generated by the real estate based on the exposure's LTV 
ratio in accordance with Table 6 to Sec.  __.111.

[[Page 15161]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.121

[GRAPHIC] [TIFF OMITTED] TP27MR26.122

    (6) Regulatory commercial real estate exposure. (i) A [BANKING 
ORGANIZATION] must assign a risk weight to a regulatory commercial real 
estate exposure that is not dependent on the cash flows generated by 
the real estate based on the exposure's LTV and the risk weight 
applicable to the borrower under this section, in accordance with Table 
7 to Sec.  __.111, provided that if the [BANKING ORGANIZATION] cannot 
determine the risk weight applicable to the borrower under this 
section, the risk weight of the borrower is 100 percent.
    (ii) A [BANKING ORGANIZATION] must assign a risk weight to a 
regulatory commercial real estate exposure that is dependent on the 
cash flows generated by the real estate based on the exposure's LTV in 
accordance with Table 8 to Sec.  __.111.
[GRAPHIC] [TIFF OMITTED] TP27MR26.123

[GRAPHIC] [TIFF OMITTED] TP27MR26.124

    (7) Other real estate exposures. A [BANKING ORGANIZATION] must 
assign an other real estate exposure a 150 percent risk weight, unless 
the exposure is a residential mortgage exposure that is not dependent 
on the cash flows generated by the real estate, which must be assigned 
a 100 percent risk weight.
    (8) Past due real estate exposures. Notwithstanding any other 
provision of this subpart, a [BANKING ORGANIZATION] must assign a 150 
percent risk weight to a real estate exposure that is 90 days past due 
or on nonaccrual, unless the exposure is a

[[Page 15162]]

residential mortgage exposure that is not dependent on the cash flows 
generated by the real estate, which must be assigned a 100 percent risk 
weight.
    (g) Retail exposures. A [BANKING ORGANIZATION] must assign a risk 
weight to a retail exposure according to the following:
    (1) Regulatory retail exposures--(i) Regulatory retail exposures 
that are not transactor exposures. A [BANKING ORGANIZATION] must assign 
a 75 percent risk weight to a regulatory retail exposure that is not a 
transactor exposure.
    (ii) Transactor exposures. A [BANKING ORGANIZATION] must assign a 
45 percent risk weight to a transactor exposure.
    (2) Other retail exposures. A [BANKING ORGANIZATION] must assign a 
100 percent risk weight to retail exposures that are not regulatory 
retail exposures.
    (h) Corporate exposures. A [BANKING ORGANIZATION] must assign a 100 
percent risk weight to a corporate exposure unless the corporate 
exposure receives a different risk weight under paragraphs (h)(1) 
through (5) of this section.
    (1) Unless the corporate exposure receives a different risk weight 
under paragraphs (h)(2) through (5) of this section, a [BANKING 
ORGANIZATION] may assign a 65 percent risk weight to a corporate 
exposure to a company that is investment grade, if the exposure is not 
a subordinated exposure. For the purposes of this paragraph (h)(1), a 
[BANKING ORGANIZATION] may determine that a company is investment grade 
only by relying on one or more internal credit risk rating systems that 
meet the requirements in paragraphs (h)(1)(i) through (v) of this 
section.
    (i) The internal credit risk rating system must be used to inform 
material business and risk management decisions of the [BANKING 
ORGANIZATION], such as those related to accounting, regulatory 
reporting, risk management and measurement, loan loss reserve 
estimation, capital planning, loan pricing, or board decision making.
    (ii) The internal credit risk rating system must define which 
obligor rating grades resulting from that system are considered to be 
investment grade, as that term is defined in Sec.  __.2.
    (iii) The internal credit risk rating system must:
    (A) Assign accurate and timely obligor rating grades based on 
clearly defined criteria; and
    (B) Assign a rating grade for each obligor at least annually and 
whenever the [BANKING ORGANIZATION] receives new material information 
regarding the creditworthiness of the obligor.
    (iv) The internal credit risk rating system does not solely rely on 
third-party assessments of credit risk and incorporates quantitative 
and qualitative factors relating to the historical and projected 
patterns of payment behaviors of similar obligors or products, 
financial situation and performance of each obligor, and any relevant 
developments that affect the investment grade determination.
    (v) At least annually, the [BANKING ORGANIZATION] must validate the 
robustness, consistency, and reliability of the internal credit risk 
rating system, using data from at least one full credit cycle, and 
update the internal credit risk rating system to address any 
deficiencies exposed as part of the validation. As part of the 
validation required by this paragraph (h)(1)(v), the [BANKING 
ORGANIZATION] must:
    (A) Evaluate whether the performance of obligors identified by the 
internal credit risk rating system as investment grade is consistent 
with the definition of investment grade in Sec.  __.2, including by 
benchmarking the ratings resulting from the internal credit risk rating 
system with external information relating to the creditworthiness of 
obligors;
    (B) Assess the reliability, accuracy, completeness, timeliness, and 
appropriateness of the data sources and other information used as part 
of the investment grade determinations;
    (C) Incorporate available information, including information 
regarding the performance of companies that have ceased operations or 
that have been sold to a third party, that is reasonably expected to 
support a robust evaluation of the internal credit risk rating system;
    (D) Ensure the validation process is independent of the internal 
credit risk rating system's development, implementation, and operation, 
or subject the validation process to an independent review of its 
adequacy and effectiveness;
    (E) Incorporate default data covering at least the preceding five 
years, or a longer period as necessary to reflect at least one period 
of economic downturn conditions, provided that if the [BANKING 
ORGANIZATION] has relevant and material reference data that span a 
longer period of time, the [BANKING ORGANIZATION] must incorporate such 
data in its validation; and
    (F) Not place undue weight on data from periods of favorable or 
benign economic conditions relative to periods of economic downturn 
conditions.
    (2) Unless the corporate exposure receives a different risk weight 
under paragraphs (h)(3) through (5) of this section, a [BANKING 
ORGANIZATION] must assign a 100 percent risk weight to a corporate 
exposure that is for the purpose of acquiring or financing equipment or 
physical commodities where repayment of the exposure is dependent on 
the physical assets being financed or acquired.
    (3) Unless the corporate exposure receives a different risk weight 
under paragraphs (h)(4) through (5) of this section, a [BANKING 
ORGANIZATION] must assign risk weights to certain project finance 
exposures as follows:
    (i) A [BANKING ORGANIZATION] must assign a 100 percent risk weight 
to a project finance operational phase exposure, and
    (ii) A [BANKING ORGANIZATION] must assign a 130 percent risk weight 
to a project finance exposure that is not a project finance operational 
phase exposure.
    (4) Unless the corporate exposure receives a different risk weight 
under paragraph (h)(5) of this section, a [BANKING ORGANIZATION] must 
assign risk weights to certain exposures to a QCCP as follows:
    (i) A [BANKING ORGANIZATION] must assign a 2 percent risk weight to 
an exposure to a QCCP arising from the [BANKING ORGANIZATION] posting 
cash collateral to the QCCP in connection with a cleared transaction 
that meets the requirements of Sec.  __.116(b)(3)(i)(A) and a 4 percent 
risk weight to an exposure to a QCCP arising from the [BANKING 
ORGANIZATION] posting cash collateral to the QCCP in connection with a 
cleared transaction that meets the requirements of Sec.  
__.116(b)(3)(i)(B); and
    (ii) A [BANKING ORGANIZATION] must assign a 2 percent risk weight 
to an exposure to a QCCP arising from the [BANKING ORGANIZATION] 
posting cash collateral to the QCCP in connection with a cleared 
transaction that meets the requirements of Sec.  __.116(c)(3)(i).
    (5) A [BANKING ORGANIZATION] must assign a 150 percent risk weight 
to a corporate exposure that is a subordinated exposure or an exposure 
to a covered debt instrument.
    (i) Past due exposures. Notwithstanding any other provision of this 
subpart, a [BANKING ORGANIZATION] must assign a 150 percent risk weight 
to any exposure that is not a sovereign exposure or a real estate 
exposure and that is 90 days past due or on nonaccrual, provided that:

[[Page 15163]]

    (1) A [BANKING ORGANIZATION] may assign a risk weight to the 
guaranteed portion of a past due exposure based on the risk weight that 
applies under Sec.  __.120 if the guarantee or credit derivative meets 
the requirements of that section; and
    (2) A [BANKING ORGANIZATION] may assign a risk weight to the 
collateralized portion of a past due exposure or the protected portion 
of a past due exposure covered by a prepaid credit protection 
arrangement based on the risk weight that applies under Sec.  __.121 if 
the collateral or prepaid credit protection arrangement meets the 
requirements of that section.
    (j) Other assets. (1)(i) A bank holding company or savings and loan 
holding company must assign a zero percent risk weight to cash owned 
and held in all offices of subsidiary depository institutions or in 
transit, and to gold bullion held in a subsidiary depository 
institution's own vaults, or held in another depository institution's 
vaults on an allocated basis, to the extent the gold bullion assets are 
offset by gold bullion liabilities.
    (ii) A [BANKING ORGANIZATION] must assign a zero percent risk 
weight to cash owned and held in all offices of the [BANKING 
ORGANIZATION] or in transit; to gold bullion held in the [BANKING 
ORGANIZATION]'s own vaults or held in another depository institution's 
vaults on an allocated basis, to the extent the gold bullion assets are 
offset by gold bullion liabilities; and to exposures that arise from 
the settlement of cash transactions (such as equities, fixed income, 
spot foreign exchange and spot commodities) with a central counterparty 
where there is no assumption of ongoing counterparty credit risk by the 
central counterparty after settlement of the trade and associated 
default fund contributions.
    (2) A [BANKING ORGANIZATION] must assign a 20 percent risk weight 
to cash items in the process of collection.
    (3) A [BANKING ORGANIZATION] must assign a 100 percent risk weight 
to DTAs arising from temporary differences that the [BANKING 
ORGANIZATION] could realize through net operating loss carrybacks.
    (4) A [BANKING ORGANIZATION] must assign a 250 percent risk weight 
to:
    (i) MSAs; and
    (ii) The portion of DTAs arising from temporary differences that 
the [BANKING ORGANIZATION] could not realize through net operating loss 
carrybacks to the extent such DTAs are not deducted from common equity 
tier 1 capital pursuant to Sec.  __.22(d).
    (5) A [BANKING ORGANIZATION] must assign a 100 percent risk weight 
to all assets not specifically assigned a different risk weight under 
this subpart and that are not deducted from tier 1 or tier 2 capital 
pursuant to Sec.  __.22.
    (6) Notwithstanding the requirements of this section, a [BANKING 
ORGANIZATION] may assign an asset that is not included in one of the 
categories provided in this section to the risk weight category 
applicable under the capital rules applicable to bank holding companies 
and savings and loan holding companies at 12 CFR part 217, provided 
that all of the following conditions apply:
    (i) The [BANKING ORGANIZATION] is not authorized to hold the asset 
under applicable law other than debt previously contracted or similar 
authority; and
    (ii) The risks associated with the asset are substantially similar 
to the risks of assets that are otherwise assigned to a risk weight 
category of less than 100 percent under this subpart.
    (k) Insurance assets--(1) Assets held in a separate account. (i) A 
bank holding company or savings and loan holding company must risk-
weight the individual assets held in a separate account that does not 
qualify as a non-guaranteed separate account as if the individual 
assets were held directly by the bank holding company or savings and 
loan holding company.
    (ii) A bank holding company or savings and loan holding company 
must assign a zero percent risk weight to an asset that is held in a 
non-guaranteed separate account.
    (2) Policy loans. A bank holding company or savings and loan 
holding company must assign a 20 percent risk weight to a policy loan.
Sec.  __.112 Off-Balance Sheet Exposures
    (a) General. (1) A [BANKING ORGANIZATION] must calculate the 
exposure amount of an off-balance sheet exposure using the credit 
conversion factors (CCFs) in paragraph (b) of this section. In the case 
of commitments, a [BANKING ORGANIZATION] must calculate the exposure 
amount by multiplying the committed but undrawn amount of the 
commitment by the applicable CCF.
    (2) Where a [BANKING ORGANIZATION] commits to provide a commitment, 
the [BANKING ORGANIZATION] may apply the lower of the two applicable 
CCFs.
    (3) Where a [BANKING ORGANIZATION] provides a commitment structured 
as a syndication or participation, the [BANKING ORGANIZATION] is only 
required to calculate the exposure amount for its pro rata share of the 
commitment.
    (4) Where a [BANKING ORGANIZATION] provides a commitment, enters 
into a repurchase agreement, or provides a credit-enhancing 
representation and warranty, and such commitment, repurchase agreement, 
or credit-enhancing representation and warranty is not a securitization 
exposure, the exposure amount shall be no greater than the maximum 
contractual amount of the commitment, repurchase agreement, or credit-
enhancing representation and warranty, as applicable.
    (5) For purposes of this section, if a commitment that is a retail 
exposure does not have an express contractual maximum amount that can 
be drawn, the committed but undrawn amount of the commitment is equal 
to the highest total drawn amount over the period since the commitment 
was created or the prior 24 months, whichever period is shorter, minus 
the current drawn amount.
    (6) For purposes of this subpart, with respect to a repurchase or 
reverse repurchase transaction, or a securities borrowing or securities 
lending transaction, a [BANKING ORGANIZATION] must reflect in expanded 
total risk-weighted assets either:
    (i) The exposure amount under this section and the risk-weighted 
asset amount for securities or posted collateral, where the credit risk 
of the securities lent or posted as collateral remains with the 
[BANKING ORGANIZATION]; or
    (ii) The exposure for counterparty credit risk according to 
Sec. Sec.  __.113 through __.115.
    (b) Credit conversion factors--
    (1) 10 percent CCF. A [BANKING ORGANIZATION] must apply a 10 
percent CCF to the unused portion of a commitment that is 
unconditionally cancelable by the [BANKING ORGANIZATION].
    (2) 20 percent CCF. A [BANKING ORGANIZATION] must apply a 20 
percent CCF to the amount of self-liquidating trade-related contingent 
items that arise from the movement of goods, with an original maturity 
of one year or less.
    (3) 40 percent CCF. A [BANKING ORGANIZATION] must apply a 40 
percent CCF to commitments, regardless of the maturity of the facility, 
unless they qualify for a lower or higher CCF.
    (4) 50 percent CCF. A [BANKING ORGANIZATION] must apply a 50 
percent CCF to the amount of the following off-balance-sheet items and

[[Page 15164]]

other similar transactions, regardless of whether a lower CCF would 
otherwise apply under paragraphs (b)(1) through (3) of this section:
    (i) Transaction-related contingent items, including performance 
bonds, bid bonds, warranties, and performance standby letters of 
credit; and
    (ii) Note issuance facilities and revolving underwriting 
facilities.
    (5) 100 percent CCF. A [BANKING ORGANIZATION] must apply a 100 
percent CCF to the amount of the following off-balance-sheet items and 
other similar transactions:
    (i) Guarantees;
    (ii) Repurchase agreements (the off-balance sheet component of 
which equals the sum of the current fair values of all positions the 
[BANKING ORGANIZATION] has sold subject to repurchase);
    (iii) Credit-enhancing representations and warranties that are not 
securitization exposures;
    (iv) Off-balance sheet securities lending transactions (the off-
balance sheet component of which equals the sum of the current fair 
values of all positions the [BANKING ORGANIZATION] has lent under the 
transaction);
    (v) Off-balance sheet securities borrowing transactions (the off-
balance sheet component of which equals the sum of the current fair 
values of all non-cash positions the [BANKING ORGANIZATION] has posted 
as collateral under the transaction);
    (vi) Financial standby letters of credit; and
    (vii) Forward agreements.
Sec.  __.113 Counterparty Credit Risk
    (a) General. (1) To determine the exposure amount for transactions 
with counterparty credit risk, a [BANKING ORGANIZATION]:
    (i) Must use the standardized approach for counterparty credit risk 
(SA-CCR) in Sec.  __.114 for a derivative contract or netting set that 
only includes derivative contracts;
    (ii) May use SA-CCR in Sec.  __.114 for a netting set of 
transactions that are not cleared transactions and that are subject to 
a qualifying cross-product master netting agreement that includes one 
or more derivative contracts and one or more repo-style transactions, 
subject to paragraph (b) of this section; and
    (iii) May use the collateral haircut approach in Sec.  __.115 for a 
repo-style transaction, eligible margin loan, or a netting set of repo-
style transactions or eligible margin loans.
    (b) Qualifying cross-product master netting agreements. (1) For 
purposes of determining the exposure amount for a netting set of 
transactions subject to a qualifying cross-product master netting 
agreement under Sec.  __.114, a [BANKING ORGANIZATION] may elect to 
treat any repo-style transaction that is not a cleared transaction 
subject to the qualifying cross-product master netting agreement as a 
derivative contract.
    (2) The exposure amount of a set of transactions subject to a 
qualifying cross-product master netting agreement for purposes of 
(b)(1), , must be calculated as follows:

Exposure AmountNSCP = (1-MRNSCP) * (Exposure Amountrepo-style 
transactions + Exposure Amountderivatives) + MRNSCP * Extended SA--CCR 
Exposure Amount

Where:

(i) Exposure Amountrepo-style transactions is the exposure amount 
for repo-style transactions in the netting set that is subject to a 
qualifying cross-product master netting agreement, calculated using 
the collateral haircut approach, under Sec.  __.115;
(ii) Exposure Amountderivatives is the exposure amount for 
derivatives in the netting set that is subject to a qualifying 
cross-product master netting agreement, calculated using the 
standardized approach for counterparty credit risk, under Sec.  
__.114;
(iii) Extended SA--CCR Exposure Amount is the exposure amount for 
both repo-style transactions and derivatives that are in the netting 
set that is subject to a qualifying cross-product master netting 
agreement, calculated using the standardized approach for 
counterparty credit risk, under Sec.  __.114; and
(iv) MRNSCP is the Maturity Ratio for a given netting set that is 
subject to a qualifying cross-product master netting agreement, 
calculated as follows:
[GRAPHIC] [TIFF OMITTED] TP27MR26.125

Where:
    (A) [Sigma]NAWM of the repo-style transactioni is the 
notional average weighted maturity of all i repo-style transactions 
subject to the qualifying cross-product master netting agreement, 
subject to a minimum maturity of 10 business days and a maximum 
maturity of one year for purposes of this calculation.
    (B) [Sigma]NAWM of the derivative transactioni is the 
notional average weighted maturity of all i derivative transactions 
subject to the qualifying cross-product master netting agreement 
subject to a minimum maturity of 10 business days and a maximum 
maturity of one year for purposes of this calculation.
Sec.  __.114 Derivative Contracts: Standardized Approach
    (a)(1) Exposure amount for derivative contracts. A [BANKING 
ORGANIZATION] must determine the exposure amount for a derivative 
contract using the standardized approach for counterparty credit risk 
(SA-CCR) under this section. A [BANKING ORGANIZATION] may reduce the 
exposure amount calculated according to this section by the credit 
valuation adjustment that the [BANKING ORGANIZATION] has recognized in 
its balance sheet valuation of any derivative contracts in the netting 
set. For purposes of paragraph (a) of this section, the credit 
valuation adjustment does not include any adjustments to common equity 
tier 1 capital attributable to changes in the fair value of the 
[BANKING ORGANIZATION]'s liabilities that are due to changes in its own 
credit risk since the inception of the transaction with the 
counterparty. A [BANKING ORGANIZATION] may determine the exposure 
amount for a repo-style transaction using the SA-CCR under this 
section, as provided in Sec.  __.113(b), subject to paragraph (a)(2) of 
this section.
    (2) Exposure amount for repo-style transactions. If a [BANKING 
ORGANIZATION] is using the SA-CCR for a repo-style transaction as 
described in Sec.  __.113(b), the [BANKING ORGANIZATION] must make the 
adjustments described in paragraphs (a)(2)(i) through (iii) of this 
section.
    (i) For purposes of this section, the [BANKING ORGANIZATION] must:
    (A) Treat a repo-style transaction that has multiple underlying 
instruments as separate repo-style transactions for each distinct 
underlying instrument;
    (B) Treat a repo-style transaction with a debt instrument as the 
underlying instrument as either a credit derivative that references the 
underlying debt instrument or an interest rate derivative that 
references the interest rate of the underlying debt instrument, based 
on the primary risk factor of the repo-style transaction;
    (C) Treat a repo-style transaction with an equity instrument as the 
underlying instrument as an equity derivative that references the 
underlying equity instrument;
    (D) Not apply paragraph (d) of this section to a repo-style 
transaction with

[[Page 15165]]

an equity instrument as the underlying instrument; and
    (E) Treat a repo-style transaction as a client-facing derivative 
transaction where the [BANKING ORGANIZATION] is either acting as a 
financial intermediary and enters into an offsetting transaction with a 
qualifying central counterparty (QCCP) or where the [BANKING 
ORGANIZATION] provides a guarantee on the performance of a client on a 
transaction between the client and a QCCP.
    (ii) For purposes of the supervisory delta under paragraph (i)(3) 
of this section, a [BANKING ORGANIZATION] must use a supervisory delta 
of 1 for a repurchase transaction or a securities lending transaction, 
and must use a supervisory delta of -1 for a reverse repurchase 
transaction or a securities borrowing transaction;
    (iii) For purposes of the maturity factor under paragraph (i)(4) of 
this section, MPOR cannot be less than five business days plus the 
periodicity of re-margining expressed in business days minus one 
business day.
    (b) Definitions. For purposes of this section, the following 
definitions apply:
    End date means the last date of the period referenced by an 
interest rate or credit derivative contract or, if the derivative 
contract references another instrument, by the underlying instrument, 
except as otherwise provided in this section.
    Start date means the first date of the period referenced by an 
interest rate or credit derivative contract or, if the derivative 
contract references the value of another instrument, by underlying 
instrument, except as otherwise provided in this section.
    Hedging set means:
    (i) With respect to interest rate derivative contracts, all such 
contracts within a netting set that reference the same reference 
currency;
    (ii) With respect to exchange rate derivative contracts, all such 
contracts within a netting set that reference the same currency pair;
    (iii) With respect to credit derivative contract, all such 
contracts within a netting set;
    (iv) With respect to equity derivative contracts, all such 
contracts within a netting set;
    (v) With respect to a commodity derivative contract, all such 
contracts within a netting set that reference one of the following 
commodity categories: Energy, metal, agricultural, or other 
commodities;
    (vi) With respect to basis derivative contracts, all such contracts 
within a netting set that reference the same pair of risk factors and 
are denominated in the same currency; or
    (vii) With respect to volatility derivative contracts, all such 
contracts within a netting set that reference one of interest rate, 
exchange rate, credit, equity, or commodity risk factors, separated 
according to the requirements under paragraphs (i) through (v) of this 
definition.
    (viii) If the risk of a derivative contract materially depends on 
more than one of interest rate, exchange rate, credit, equity, or 
commodity risk factors, the [AGENCY] may require a [BANKING 
ORGANIZATION] to include the derivative contract in each appropriate 
hedging set under paragraphs (i) through (v) of this definition.
    (c) Credit derivatives. Notwithstanding paragraphs (a) and (b) of 
this section:
    (1) A [BANKING ORGANIZATION] that purchases a credit derivative 
that is recognized under Sec.  __.120 as a credit risk mitigant for an 
exposure that is not a market risk covered position under subpart F of 
this part is not required to calculate a separate counterparty credit 
risk capital requirement under this section so long as the [BANKING 
ORGANIZATION] does so consistently for all such credit derivatives and 
either includes all or excludes all such credit derivatives that are 
subject to a master netting agreement from any measure used to 
determine counterparty credit risk exposure to all relevant 
counterparties for risk-based capital purposes.
    (2) A [BANKING ORGANIZATION] that is the protection provider in a 
credit derivative must treat the credit derivative as an exposure to 
the reference obligor and is not required to calculate a counterparty 
credit risk capital requirement for the credit derivative under this 
section, so long as it does so consistently for all such credit 
derivatives and either includes all or excludes all such credit 
derivatives that are subject to a master netting agreement from any 
measure used to determine counterparty credit risk exposure to all 
relevant counterparties for risk-based capital purposes (unless the 
[BANKING ORGANIZATION] is treating the credit derivative as a market 
risk covered position under subpart F of this part, in which case the 
[BANKING ORGANIZATION] must calculate a counterparty credit risk 
capital requirement under this section).
    (d) Equity derivatives. A [BANKING ORGANIZATION] must treat an 
equity derivative contract as an equity exposure and compute a risk-
weighted asset amount for the equity derivative contract under 
Sec. Sec.  __.140 through __.142 (unless the [BANKING ORGANIZATION] is 
treating the contract as a market risk covered position under subpart F 
of this part). In addition, if the [BANKING ORGANIZATION] is treating 
the contract as a market risk covered position under subpart F of this 
part, the [BANKING ORGANIZATION] must also calculate a risk-based 
capital requirement for the counterparty credit risk of an equity 
derivative contract under this section. If the [BANKING ORGANIZATION] 
risk weights an equity derivative contract under Sec. Sec.  __.140 
through __.142, the [BANKING ORGANIZATION] may choose not to hold risk-
based capital against the counterparty credit risk of the equity 
derivative contract, as long as it does so for all such contracts. 
Where an equity derivative contract is subject to a qualified master 
netting agreement, a [BANKING ORGANIZATION] using Sec. Sec.  __.140 
through __.142 must either include all or exclude all of the contracts 
from any measure used to determine counterparty credit risk exposure.
    (e) Exposure amount. (1) The exposure amount of a netting set, as 
calculated under this section, is equal to 1.4 multiplied by the sum of 
the replacement cost of the netting set, as calculated under paragraph 
(f) of this section, and the potential future exposure of the netting 
set, as calculated under paragraph (g) of this section.
    (2) Notwithstanding the requirements of paragraph (e)(1) of this 
section, the exposure amount of a netting set subject to a variation 
margin agreement, excluding a netting set that is subject to a 
variation margin agreement under which the counterparty to the 
variation margin agreement is not required to post variation margin, is 
equal to the lesser of the exposure amount of the netting set 
calculated under paragraph (e)(1) of this section and the exposure 
amount of the netting set calculated under paragraph (e)(1) of this 
section as if the netting set were not subject to a variation margin 
agreement.
    (3) Notwithstanding the requirements of paragraph (e)(1) of this 
section, the exposure amount of a netting set that consists of only 
sold options in which the premiums have been fully paid by the 
counterparty to the options and where the options are not subject to a 
variation margin agreement is zero.
    (4) Notwithstanding the requirements of paragraph (e)(1) of this 
section, the exposure amount of a netting set in which the counterparty 
is a commercial end-user is equal to the sum of replacement cost, as 
calculated under

[[Page 15166]]

paragraph (f) of this section, and the potential future exposure of the 
netting set, as calculated under paragraph (g) of this section.
    (5) For purposes of the exposure amount calculated under paragraph 
(e)(1) of this section and all calculations that are part of that 
exposure amount, a [BANKING ORGANIZATION] may elect to treat a 
derivative contract that is a cleared transaction or a client-facing 
derivative transaction and that is not subject to a variation margin 
agreement as one that is subject to a variation margin agreement, if 
the derivative contract is subject to a requirement that the 
counterparties make daily cash payments to each other to account for 
changes in the fair value of the derivative contract and to reduce the 
net position of the contract to zero. If a [BANKING ORGANIZATION] makes 
an election under this paragraph (e)(5) for one derivative contract, it 
must treat all other derivative contracts within the same netting set 
that are eligible for an election under this paragraph (e)(5) as 
derivative contracts that are subject to a variation margin agreement.
    (6) For purposes of the exposure amount calculated under paragraph 
(e)(1) of this section and all calculations that are part of that 
exposure amount, a [BANKING ORGANIZATION] may elect to treat a credit 
derivative contract, equity derivative contract, or commodity 
derivative contract that references an index as if it were multiple 
derivative contracts each referencing one component of the index, 
provided that the derivative contract is not an option or a CDO 
tranche.
    (7) For purposes of the exposure amount calculated under paragraph 
(e)(1) of this section and all calculations that are part of that 
exposure amount, with respect to a client-facing derivative transaction 
or netting set of client-facing derivative transactions, a clearing 
member [BANKING ORGANIZATION] may multiply the standard supervisory 
haircuts applied for purposes of the net independent collateral amount 
and variation margin amount by the scaling factor of the square root of 
\1/2\ (which equals 0.707107). If the [BANKING ORGANIZATION] determines 
that a longer period is appropriate, the [BANKING ORGANIZATION] must 
use a larger scaling factor to adjust for a longer holding period as 
provided below by the formula in this paragraph. In addition, the 
[AGENCY] may require the [BANKING ORGANIZATION] to set a longer holding 
period if the [AGENCY] determines that a longer period is appropriate 
due to the nature, structure, or characteristics of the transaction or 
is commensurate with the risks associated with the transaction.
[GRAPHIC] [TIFF OMITTED] TP27MR26.126

    (f) Replacement cost of a netting set--(1) Netting set subject to a 
variation margin agreement under which the counterparty must post 
variation margin. The replacement cost of a netting set subject to a 
variation margin agreement, excluding a netting set that is subject to 
a variation margin agreement under which the counterparty is not 
required to post variation margin, is the greater of:
    (i) The sum of the fair values (after excluding any valuation 
adjustments) of the derivative contracts within the netting set less 
the sum of the net independent collateral amount and the variation 
margin amount applicable to such derivative contracts;
    (ii) The sum of the variation margin threshold and the minimum 
transfer amount applicable to the derivative contracts within the 
netting set less the net independent collateral amount applicable to 
such derivative contracts; or
    (iii) Zero.
    (2) Netting sets not subject to a variation margin agreement under 
which the counterparty must post variation margin. The replacement cost 
of a netting set that is not subject to a variation margin agreement 
under which the counterparty must post variation margin to the [BANKING 
ORGANIZATION] is the greater of:
    (i) The sum of the fair values (after excluding any valuation 
adjustments) of the derivative contracts within the netting set less 
the sum of the net independent collateral amount and variation margin 
amount applicable to such derivative contracts; or
    (ii) Zero.
    (3) Multiple netting sets subject to a single variation margin 
agreement. Notwithstanding paragraphs (f)(1) and (2) of this section, 
the replacement cost for multiple netting sets subject to a single 
variation margin agreement must be calculated according to paragraph 
(j)(1) of this section.
    (4) Netting set subject to multiple variation margin agreements or 
a hybrid netting set. Notwithstanding paragraphs (f)(1) and (2) of this 
section, the replacement cost for a netting set subject to multiple 
variation margin agreements or a hybrid netting set must be calculated 
according to paragraph (k)(1) of this section.
    (g) Potential future exposure of a netting set. The potential 
future exposure of a netting set is the product of the PFE multiplier 
and the aggregated amount.
    (1) PFE multiplier. The PFE multiplier is calculated according to 
the following formula:
[GRAPHIC] [TIFF OMITTED] TP27MR26.127


Where:

V is the sum of the fair values (after excluding any valuation 
adjustments) of the derivative contracts within the netting set;
C is the sum of the net independent collateral amount and the 
variation margin amount applicable to the derivative contracts 
within the netting set; and
A is the aggregated amount of the netting set.

    (2) Aggregated amount. The aggregated amount is the sum of all 
hedging set amounts, as calculated under paragraph (h) of this section, 
within a netting set.
    (3) Multiple netting sets subject to a single variation margin 
agreement. Notwithstanding paragraphs (g)(1) and (2) of this section 
and when calculating the potential future exposure for purposes of 
total leverage exposure under Sec.  __.10(c)(2)(ii), the potential 
future exposure for multiple netting sets subject to a single variation 
margin agreement must be calculated according to paragraph (j)(2) of 
this section.
    (4) Netting set subject to multiple variation margin agreements or 
a hybrid

[[Page 15167]]

netting set. Notwithstanding paragraphs (g)(1) and (2) of this section 
and when calculating the potential future exposure for purposes of 
total leverage exposure under Sec.  __.10(c)(2)(ii), the potential 
future exposure for a netting set subject to multiple variation margin 
agreements or a hybrid netting set must be calculated according to 
paragraph (k)(2) of this section.
    (h) Hedging set amount--(1) Interest rate derivative contracts. To 
calculate the hedging set amount of an interest rate derivative 
contract hedging set, a [BANKING ORGANIZATION] may use either of the 
formulas provided in paragraphs (h)(1)(i) and (ii) of this section:
    (i) Formula 1 is as follows:
    [GRAPHIC] [TIFF OMITTED] TP27MR26.128
    
    (ii) Formula 2 is as follows:
    [GRAPHIC] [TIFF OMITTED] TP27MR26.129
    
    Where in paragraphs (h)(1)(i) and (ii) of this section:
    [GRAPHIC] [TIFF OMITTED] TP27MR26.130
    
    (2) Exchange rate derivative contracts. For an exchange rate 
derivative contract hedging set, the hedging set amount equals the 
absolute value of the sum of the adjusted derivative contract amounts, 
as calculated under paragraph (i) of this section, within the hedging 
set.
    (3) Credit derivative contracts and equity derivative contracts. 
The hedging set amount of a credit derivative contract hedging set or 
equity derivative contract hedging set within a netting set is 
calculated according to the following formula:
[GRAPHIC] [TIFF OMITTED] TP27MR26.327


Where:

k is each reference entity within the hedging set.
K is the number of reference entities within the hedging set.

[[Page 15168]]

AddOn (Refk) equals the sum of the adjusted derivative 
contract amounts, as determined under paragraph (i) of this section, 
for all derivative contracts within the hedging set that reference 
entity k.
[rho]k equals the applicable supervisory correlation 
factor, as provided in Table 2 to Sec.  __.114.

    (4) Commodity derivative contracts. The hedging set amount of a 
commodity derivative contract hedging set within a netting set is 
calculated according to the following formula:
[GRAPHIC] [TIFF OMITTED] TP27MR26.328


Where:

k is each commodity type within the hedging set.
K is the number of commodity types within the hedging set.
AddOn (Typek) equals the sum of the adjusted derivative 
contract amounts, as determined under paragraph (i) of this section, 
for all derivative contracts within the hedging set that reference 
commodity type.
[rho] equals the applicable supervisory correlation factor, as 
provided in Table 2 to Sec.  __.114.

    (5) Basis derivative contracts and volatility derivative contracts. 
Notwithstanding paragraphs (h)(1) through (4) of this section, a 
[BANKING ORGANIZATION] must calculate a separate hedging set amount for 
each basis derivative contract hedging set and each volatility 
derivative contract hedging set. A [BANKING ORGANIZATION] must 
calculate such hedging set amounts using one of the formulas under 
paragraphs (h)(1) through (4) of this section that corresponds to the 
primary risk factor of the hedging set being calculated.
    (i) Adjusted derivative contract amount--(1) Summary. To calculate 
the adjusted derivative contract amount of a derivative contract, a 
[BANKING ORGANIZATION] must determine the adjusted notional amount of 
the derivative contract, pursuant to paragraph (i)(2) of this section, 
and multiply the adjusted notional amount by each of the supervisory 
delta adjustment, pursuant to paragraph (i)(3) of this section, the 
maturity factor, pursuant to paragraph (i)(4) of this section, and the 
applicable supervisory factor, as provided in Table 2 to Sec.  __.114.
    (2) Adjusted notional amount. (i)(A) For an interest rate 
derivative contract or a credit derivative contract, the adjusted 
notional amount equals the product of the notional amount of the 
derivative contract, as measured in U.S. dollars using the exchange 
rate on the date of the calculation, and the supervisory duration, as 
calculated by the following formula:
[GRAPHIC] [TIFF OMITTED] TP27MR26.131

Where:

S is the number of business days from the present day until the 
start date of the derivative contract, or zero if the start date has 
already passed; and
E is the number of business days from the present day until the end 
date of the derivative contract.

    (B) For purposes of paragraph (i)(2)(i)(A) of this section:
    (1) For an interest rate derivative contract or credit derivative 
contract that is a variable notional swap, the notional amount is equal 
to the time-weighted average of the contractual notional amounts of 
such a swap over the remaining life of the swap; and
    (2) For an interest rate derivative contract or a credit derivative 
contract that is a leveraged swap, in which the notional amount of all 
legs of the derivative contract are divided by a factor and all rates 
of the derivative contract are multiplied by the same factor, the 
notional amount is equal to the notional amount of an equivalent 
unleveraged swap.
    (ii)(A) For an exchange rate derivative contract, the adjusted 
notional amount is the notional amount of the non-U.S. denominated 
currency leg of the derivative contract, as measured in U.S. dollars 
using the exchange rate on the date of the calculation. If both legs of 
the exchange rate derivative contract are denominated in currencies 
other than U.S. dollars, the adjusted notional amount of the derivative 
contract is the largest leg of the derivative contract, as measured in 
U.S. dollars using the exchange rate on the date of the calculation.
    (B) Notwithstanding paragraph (i)(2)(ii)(A) of this section, for an 
exchange rate derivative contract with multiple exchanges of principal, 
the [BANKING ORGANIZATION] must set the adjusted notional amount of the 
derivative contract equal to the notional amount of the derivative 
contract multiplied by the number of exchanges of principal under the 
derivative contract.
    (iii)(A) For an equity derivative contract or a commodity 
derivative contract, the adjusted notional amount is the product of the 
fair value of one unit of the reference instrument underlying the 
derivative contract and the number of such units referenced by the 
derivative contract.
    (B) Notwithstanding paragraph (i)(2)(iii)(A) of this section, when 
calculating the adjusted notional amount for an equity derivative 
contract or a commodity derivative contract that is a volatility 
derivative contract, the [BANKING ORGANIZATION] must replace the unit 
price with the underlying volatility referenced by the volatility 
derivative contract and replace the number of units with the notional 
amount of the volatility derivative contract.
    (3) Supervisory delta adjustment. (i) For a derivative contract 
that is not an option contract or collateralized debt obligation 
tranche, the supervisory delta adjustment is 1 if the fair value of the 
derivative contract increases when the value of the primary risk factor 
increases and -1 if the fair value of the derivative contract decreases 
when the value of the primary risk factor increases.
    (ii)(A) For a derivative contract that is an option contract, the 
supervisory delta adjustment is determined by the

[[Page 15169]]

formulas in Table 1 to Sec.  __.114, as applicable:
[GRAPHIC] [TIFF OMITTED] TP27MR26.132

    (B) As used in the formulas in Table 1 Sec.  __.114:
    (1) [phis] is the standard normal cumulative distribution function;
    (2) P equals the current fair value of the instrument or risk 
factor, as applicable, underlying the option;
    (3) K equals the strike price of the option;
    (4) T equals the number of business days until the latest 
contractual exercise date of the option;
    (5) The same value of [lambda] must be used for all option 
contracts that reference the same underlying risk factor or instrument 
or, in the case of interest rate option contracts, all interest rate 
option contracts that are denominated in the same currency. [lambda] 
equals zero for all derivative contracts except those option contracts 
where it is possible for P to have negative values. For option 
contracts where it is possible for P to have negative values, to 
determine the value of [lambda] for a given risk factor or instrument, 
a [BANKING ORGANIZATION] must find the lowest value, L, of P and K of 
all option contracts that reference this risk factor or instrument or, 
in the case of interest rate option contracts, the lowest value, L, of 
P and K of all interest rate option contracts in a given currency, that 
the [BANKING ORGANIZATION] has with all counterparties. Then, [lambda] 
is set as follows: when the underlying risk factor is an interest rate, 
[lambda] = max{-L + 0.1%,0{time} ; otherwise, [lambda] = max{-
1.1[middot]L,0{time} ; and
    (6) [sigma] equals the supervisory option volatility, as provided 
in Table 2 to Sec.  __.114.
    (C) Notwithstanding paragraph (i)(3)(ii)(B)(5) of this section, a 
[BANKING ORGANIZATION] may, with the prior approval of the [AGENCY], 
specify a value for [lambda] in accordance with this paragraph for an 
option contract, other than an interest rate option contract described 
in paragraph (i)(3)(ii)(B)(5) of this section, if a different value for 
[lambda] would be appropriate considering the range of values for the 
instrument or risk factor, as appropriate, underlying the option 
contract. A [BANKING ORGANIZATION] that specifies a value for [lambda] 
in accordance with this paragraph for an option contract must assign 
the same value for [lambda] to all option contracts with the same 
instrument or risk factor, as applicable, underlying the option that 
the [BANKING ORGANIZATION] has with all counterparties.
    (iii)(A) For a derivative contract that is a collateralized debt 
obligation tranche, the supervisory delta adjustment is determined by 
the following formula:
[GRAPHIC] [TIFF OMITTED] TP27MR26.133

    (B) As used in the formula in paragraph (i)(3)(iii)(A) of this 
section:
    (1) A is the attachment point, which equals the ratio of the 
notional amounts of all underlying exposures that are subordinated to 
the [BANKING ORGANIZATION]'s exposure to the total notional amount of 
all underlying exposures, expressed as a decimal value between zero and 
one;\1\
    (2) D is the detachment point, which equals one minus the ratio of 
the notional amounts of all underlying exposures that are senior to the 
[BANKING ORGANIZATION]'s exposure to the total notional amount of all 
underlying exposures, expressed as a decimal value between zero and 
one; and
    (3) The resulting amount is designated with a positive sign if the 
collateralized debt obligation tranche was used by the [BANKING 
ORGANIZATION] to purchase credit protection and is designated with a 
negative sign if the collateralized debt obligation tranche was used by 
the [BANKING ORGANIZATION] to sell credit protection.
    (4) Maturity factor. (i)(A) The maturity factor of a derivative 
contract that is subject to a variation margin agreement, excluding 
derivative contracts that are subject to a variation margin agreement 
under which the counterparty is not required to post variation margin, 
is determined by the following formula:

[[Page 15170]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.134

    Where MPOR refers to the period from the most recent exchange of 
collateral covering a netting set of derivative contracts with a 
defaulting counterparty until the derivative contracts are closed out 
and the resulting market risk is re-hedged.
    (B) Notwithstanding paragraph (i)(4)(i)(A) of this section:
    (1) For a derivative contract that is not a client-facing 
derivative transaction, MPOR cannot be less than ten business days plus 
the periodicity of re-margining expressed in business days minus one 
business day;
    (2) For a derivative contract that is a client-facing derivative 
transaction, MPOR cannot be less than five business days plus the 
periodicity of re-margining expressed in business days minus one 
business day; and
    (3) For a derivative contract that is within a netting set that is 
composed of more than 5,000 derivative contracts that are not cleared 
transactions, or a netting set that contains one or more trades 
involving illiquid collateral or a derivative contract that cannot be 
easily replaced, MPOR cannot be less than twenty business days.
    (4) Notwithstanding paragraphs (i)(4)(i)(A) and (B) of this 
section, for a netting set subject to more than two outstanding 
disputes over margin that lasted longer than the MPOR over the previous 
two quarters, the applicable floor is twice the amount provided in 
paragraphs (i)(4)(i)(A) and (B) of this section.
    (ii) The maturity factor of a derivative contract that is not 
subject to a variation margin agreement, or derivative contracts under 
which the counterparty is not required to post variation margin, is 
determined by the following formula:
[GRAPHIC] [TIFF OMITTED] TP27MR26.135

    Where M equals the greater of 10 business days and the remaining 
maturity of the contract, as measured in business days.
    (iii) For purposes of paragraph (i)(4) of this section, if a 
[BANKING ORGANIZATION] has elected pursuant to paragraph (e)(5) of this 
section to treat a derivative contract that is a cleared transaction 
that is not subject to a variation margin agreement as one that is 
subject to a variation margin agreement, the [BANKING ORGANIZATION] 
must treat the derivative contract as subject to a variation margin 
agreement with maturity factor as determined according to paragraph 
(i)(4)(i) of this section, and daily settlement does not change the end 
date of the period referenced by the derivative contract.
    (5) Derivative contract as multiple effective derivative contracts. 
A [BANKING ORGANIZATION] must separate a derivative contract into 
separate derivative contracts, according to the following rules:
    (i) For an option where the counterparty pays a predetermined 
amount if the value of the underlying asset is above or below the 
strike price and nothing otherwise (binary option), the option must be 
treated as two separate options. For purposes of paragraph (i)(3)(ii) 
of this section, a binary option with strike price K must be 
represented as the combination of one bought European option and one 
sold European option of the same type as the original option (put or 
call) with the strike prices set equal to 0.95 * K and 1.05 * K so that 
the payoff of the binary option is reproduced exactly outside the 
region between the two strike prices. The absolute value of the sum of 
the adjusted derivative contract amounts of the bought and sold options 
is capped at the payoff amount of the binary option.
    (ii) For a derivative contract that can be represented as a 
combination of standard option payoffs (such as collar, butterfly 
spread, calendar spread, straddle, and strangle), a [BANKING 
ORGANIZATION] must treat each standard option component as a separate 
derivative contract.
    (iii) For a derivative contract that includes multiple-payment 
options, (such as interest rate caps and floors), a [BANKING 
ORGANIZATION] may represent each payment option as a combination of 
effective single-payment options (such as interest rate caplets and 
floorlets).
    (iv) A [BANKING ORGANIZATION] may not decompose linear derivative 
contracts (such as swaps) into components.
    (j) Multiple netting sets subject to a single variation margin 
agreement--(1) Calculating replacement cost. Notwithstanding paragraph 
(f) of this section, a [BANKING ORGANIZATION] must assign a single 
replacement cost to multiple netting sets that are subject to a single 
variation margin agreement under which the counterparty must post 
variation margin, calculated according to the following formula:
[GRAPHIC] [TIFF OMITTED] TP27MR26.136


[[Page 15171]]


Where:

NS is each netting set subject to the variation margin agreement MA;
VNS is the sum of the fair values (after excluding any 
valuation adjustments) of the derivative contracts within the 
netting set NS; and
CMA is the sum of the net independent collateral amount 
and the variation margin amount applicable to the derivative 
contracts within the netting sets subject to the single variation 
margin agreement.

    (2) Calculating potential future exposure. Notwithstanding 
paragraph (g) of this section, a [BANKING ORGANIZATION] must assign a 
single potential future exposure to multiple netting sets that are 
subject to a single variation margin agreement under which the 
counterparty must post variation margin equal to the sum of the 
potential future exposure of each such netting set, each calculated 
according to paragraph (g) of this section as if such nettings sets 
were not subject to a variation margin agreement.
    (k) Netting set subject to multiple variation margin agreements or 
a hybrid netting set--(1) Calculating replacement cost. To calculate 
replacement cost for either a netting set subject to multiple variation 
margin agreements under which the counterparty to each variation margin 
agreement must post variation margin, or a netting set composed of at 
least one derivative contract subject to variation margin agreement 
under which the counterparty must post variation margin and at least 
one derivative contract that is not subject to such a variation margin 
agreement, the calculation for replacement cost is provided under 
paragraph (f)(1) of this section, except that the variation margin 
threshold equals the sum of the variation margin thresholds of all 
variation margin agreements within the netting set and the minimum 
transfer amount equals the sum of the minimum transfer amounts of all 
the variation margin agreements within the netting set.
    (2) Calculating potential future exposure. (i) To calculate 
potential future exposure for a netting set subject to multiple 
variation margin agreements under which the counterparty to each 
variation margin agreement must post variation margin, or a netting set 
composed of at least one derivative contract subject to a variation 
margin agreement under which the counterparty to the derivative 
contract must post variation margin and at least one derivative 
contract that is not subject to such a variation margin agreement, a 
[BANKING ORGANIZATION] must divide the netting set into sub-netting 
sets (as described in paragraph (k)(2)(ii) of this section) and 
calculate the aggregated amount for each sub-netting set. The 
aggregated amount for the netting set is calculated as the sum of the 
aggregated amounts for the sub-netting sets. The multiplier is 
calculated for the entire netting set.
    (ii) For purposes of paragraph (k)(2)(i) of this section, the 
netting set must be divided into sub-netting sets as follows:
    (A) All derivative contracts within the netting set that are not 
subject to a variation margin agreement or that are subject to a 
variation margin agreement under which the counterparty is not required 
to post variation margin form a single sub-netting set. The aggregated 
amount for this sub-netting set is calculated as if the netting set is 
not subject to a variation margin agreement.
    (B) All derivative contracts within the netting set that are 
subject to variation margin agreements in which the counterparty must 
post variation margin and that share the same value of the MPOR form a 
single sub-netting set. The aggregated amount for this sub-netting set 
is calculated as if the netting set is subject to a variation margin 
agreement, using the MPOR value shared by the derivative contracts 
within the netting set.

[[Page 15172]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.137

Sec.  __.115 Collateral Haircut Approach for Repo-Style Transactions 
and Eligible Margin Loans
    (a) Collateral haircut approach--Exposure amount for eligible 
margin loans and repo-style transactions. A [BANKING ORGANIZATION] may 
recognize the credit risk mitigation benefits of financial collateral 
that secures an eligible margin loan, repo-style transaction, or 
netting set of eligible margin loans or repo-style transactions, and of 
any collateral that secures a repo-style transaction that is included 
in the [BANKING ORGANIZATION]'s measure for market risk under subpart F 
of this part, by using the collateral haircut approach covered in 
paragraph (b) of this section.
    (b) Exposure amount calculation. For purposes of the collateral 
haircut approach, a [BANKING ORGANIZATION] must determine the exposure 
amount for an eligible margin loan, repo-style transaction, or netting 
set of eligible margin loans or repo-style transactions according to 
the following formula:
[GRAPHIC] [TIFF OMITTED] TP27MR26.138

Where:

(1) E* is the exposure amount of the eligible margin loan, repo-
style transaction, or netting set after credit risk mitigation;
(2) Ei is the current fair value of the instrument, cash, or gold 
the [BANKING ORGANIZATION] has lent, sold subject to repurchase, or 
posted as collateral to the counterparty;
(3) Ci is the current fair value of the instrument, cash, or gold 
the banking organization has borrowed, purchased subject to resale, 
or taken as collateral from the counterparty;
(4) netexposure = [verbar][Sigma]sEsHs[verbar];
(5) grossexposure = [Sigma]sEs[verbar]Hs[verbar];
(6) Es is the absolute value of the net position in a given 
instrument or in gold, where the net position in a given instrument 
or gold equals the sum of the current fair values of the instrument 
or gold the [BANKING ORGANIZATION] has lent, sold subject to 
repurchase, or posted as collateral to the counterparty, minus the 
sum of the current fair values of that same instrument or gold the 
[BANKING ORGANIZATION] has borrowed, purchased subject to resale, or 
taken as collateral from the counterparty;

[[Page 15173]]

(7) Hs is the haircut appropriate to Es as described in Table 1 to 
Sec.  __.115, as applicable. Hs has a positive sign if the 
instrument or gold is net lent, sold subject to repurchase, or 
posted as collateral to the counterparty; Hs has a negative sign if 
the instrument or gold is net borrowed, purchased subject to resale, 
or taken as collateral from the counterparty;
(8) N is the number of instruments with a unique Committee on 
Uniform Securities Identification Procedures (CUSIP) designation or 
foreign equivalent that the [BANKING ORGANIZATION] lends, sells 
subject to repurchase, posts as collateral, borrows, purchases 
subject to resale, or takes as collateral in the eligible margin 
loan, repo-style transaction, or netting set, including all 
collateral that the [BANKING ORGANIZATION] elects to include within 
the credit risk mitigation framework, except that instruments where 
the value Es is less than one tenth of the value of the largest Es 
in the eligible margin loan, repo-style transaction, or netting set 
are not included in the count or gold, with any amount of gold given 
a value of one;
(9) Efx is the absolute value of the net position in each currency 
fx different from the settlement currency;
(10) Hfx is the haircut appropriate for currency mismatch of 
currency fx.

    (c) Market price volatility and currency mismatch haircuts. (1) A 
[BANKING ORGANIZATION] must use the haircuts for market price 
volatility (Hs) in Table 1 to Sec.  __.115, as adjusted in certain 
circumstances as provided in paragraphs (c)(3) through (5) of this 
section.

[[Page 15174]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.139

    (2) For currency mismatches, a [BANKING ORGANIZATION] must use a 
haircut for foreign exchange rate volatility (Hfx) of 8 percent, as 
adjusted in certain circumstances under paragraphs (b)(3) and (4) of 
this section.

[[Page 15175]]

    (3) For repo-style transactions, a [BANKING ORGANIZATION] may 
multiply the haircuts provided in paragraphs (b)(1) and (2) of this 
section by the square root of \1/2\ (which equals 0.707107).
    (4) A [BANKING ORGANIZATION] must adjust the haircuts provided in 
paragraphs (c)(1) and (2) of this section upward on the basis of a 
holding period longer than ten business days for eligible margin loans 
or a holding period longer than five business days for repo-style 
transactions that are not cleared transactions under the following 
conditions. If the number of trades in a netting set exceeds 5,000 at 
any time during a quarter, a [BANKING ORGANIZATION] must adjust the 
haircuts provided in paragraphs (c)(1) and (2) of this section upward 
on the basis of a holding period of twenty business days for the 
following quarter except in the calculation of exposure amount for 
purposes of Sec.  __.116. If a netting set contains one or more trades 
involving illiquid collateral, a [BANKING ORGANIZATION] must adjust the 
haircuts provided in paragraphs (c)(1) and (2) of this section upward 
on the basis of a holding period of twenty business days. If over the 
two previous quarters more than two margin disputes on a netting set 
have occurred that lasted longer than the holding period, then the 
[BANKING ORGANIZATION] must adjust the haircuts provided in paragraphs 
(c)(1) and (2) of this section upward for that netting set on the basis 
of a holding period that is at least two times the minimum holding 
period for that netting set. The [BANKING ORGANIZATION] must adjust the 
haircuts upward using the following formula:
[GRAPHIC] [TIFF OMITTED] TP27MR26.140

Where:

(i) Tm equals a holding period of longer than 10 business days for 
eligible margin loans or longer than 5 business days for repo-style 
transactions;
(ii) Hs equals the market price volatility haircut provided in Table 
1 to Sec.  __.115 or to the foreign exchange rate volatility haircut 
provided in paragraph (c)(2) of this section; and
(iii) Ts equals 10 business days for eligible margin loans or 5 
business days for repo-style transactions.

    (5) If the instruments a [BANKING ORGANIZATION] has lent, sold 
subject to repurchase, or posted as collateral do not meet the 
definition of financial collateral, the [BANKING ORGANIZATION] must use 
a 30 percent haircut for market price volatility (Hs).
Sec.  __.116 Cleared Transactions
    (a) General requirements--(1) Clearing member clients. A [BANKING 
ORGANIZATION] that is a clearing member client must use the 
methodologies described in paragraph (b) of this section to calculate 
risk-weighted assets for a cleared transaction.
    (2) Clearing members. A [BANKING ORGANIZATION] that is a clearing 
member must use the methodologies described in paragraph (c) of this 
section to calculate its risk-weighted assets for a cleared transaction 
and paragraph (d) of this section to calculate its risk-weighted assets 
for its default fund contribution to a CCP.
    (b) Clearing member client [BANKING ORGANIZATIONS]--(1) Risk-
weighted assets for cleared transactions. (i) To determine the risk-
weighted asset amount for a cleared transaction, a [BANKING 
ORGANIZATION] that is a clearing member client must multiply the trade 
exposure amount for the cleared transaction, calculated in accordance 
with paragraph (b)(2) of this section, by the risk weight appropriate 
for the cleared transaction, determined in accordance with paragraph 
(b)(3) of this section.
    (ii) A clearing member client [BANKING ORGANIZATION]'s total risk-
weighted assets for cleared transactions is the sum of the risk-
weighted asset amounts for all of its cleared transactions.
    (2) Trade exposure amount. (i) For a cleared transaction that is a 
derivative contract or a netting set of derivative contracts, trade 
exposure amount equals the exposure amount for the derivative contract 
or netting set of derivative contracts calculated using Sec.  __.114, 
plus the fair value of the collateral posted by the clearing member 
client [BANKING ORGANIZATION] and held by the CCP, clearing member, or 
custodian in a manner that is not bankruptcy remote.
    (ii) For a cleared transaction that is a repo-style transaction or 
netting set of repo-style transactions, trade exposure amount equals 
the exposure amount for the repo-style transaction calculated using 
Sec.  __.115, plus the fair value of the collateral posted by the 
clearing member client [BANKING ORGANIZATION] and held by the CCP, 
clearing member, or custodian in a manner that is not bankruptcy 
remote.
    (3) Cleared transaction risk weights. (i) For a cleared transaction 
with a QCCP, a clearing member client [BANKING ORGANIZATION] must apply 
a risk weight of:
    (A) Two percent if the collateral posted by the [BANKING 
ORGANIZATION] to the QCCP or clearing member is subject to an 
arrangement that prevents any loss to the clearing member client 
[BANKING ORGANIZATION] due to the joint default or a concurrent 
insolvency, liquidation, or receivership proceeding of the clearing 
member and any other clearing member clients of the clearing member; 
and the clearing member client [BANKING ORGANIZATION] has conducted 
sufficient legal review to conclude with a well-founded basis (and 
maintains sufficient written documentation of that legal review) that 
in the event of a legal challenge (including one resulting from an 
event of default or from liquidation, insolvency, or receivership 
proceedings) the relevant court and administrative authorities would 
find the arrangements to be legal, valid, binding, and enforceable 
under the law of the relevant jurisdictions; or
    (B) Four percent, if the requirements of paragraph (b)(3)(i)(A) of 
this section are not met.
    (ii) For a cleared transaction with a CCP that is not a QCCP, a 
clearing member client [BANKING ORGANIZATION] must apply the risk 
weight applicable to the CCP under Sec.  __.111.
    (4) Collateral. (i) Notwithstanding any other requirement of this 
section, collateral posted by a clearing member client [BANKING 
ORGANIZATION] that is held by a custodian (in its capacity as a 
custodian) in a manner that is bankruptcy remote from the CCP, clearing 
member, and other clearing member clients of the clearing member, is 
not subject to a capital requirement under this section.
    (ii) A clearing member client [BANKING ORGANIZATION] must calculate 
a risk-weighted asset amount for any collateral provided to a CCP, 
clearing member or a custodian in connection with a cleared transaction 
in accordance with requirements under subpart E or F of this part, as 
applicable.
    (c) Clearing member [BANKING ORGANIZATION]--(1) Risk-weighted

[[Page 15176]]

assets for cleared transactions. (i) To determine the risk-weighted 
asset amount for a cleared transaction, a clearing member [BANKING 
ORGANIZATION] must multiply the trade exposure amount for the cleared 
transaction, calculated in accordance with paragraph (c)(2) of this 
section by the risk weight appropriate for the cleared transaction, 
determined in accordance with paragraph (c)(3) of this section.
    (ii) A clearing member [BANKING ORGANIZATION]'s total risk-weighted 
assets for cleared transactions is the sum of the risk-weighted asset 
amounts for all of its cleared transactions.
    (2) Trade exposure amount. A clearing member [BANKING ORGANIZATION] 
must calculate its trade exposure amount for a cleared transaction as 
follows:
    (i) For a cleared transaction that is a derivative contract or a 
netting set of derivative contracts, trade exposure amount equals the 
exposure amount for the derivative contract or netting set of 
derivative contracts calculated using Sec.  __.114, plus the fair value 
of the collateral posted by the clearing member [BANKING ORGANIZATION] 
and held by the CCP in a manner that is not bankruptcy remote.
    (ii) For a cleared transaction that is a repo-style transaction or 
netting set of repo-style transactions, trade exposure amount equals 
the exposure amount for the repo-style transaction calculated using the 
methodology set forth in Sec.  __.115, plus the fair value of the 
collateral posted by the clearing member [BANKING ORGANIZATION] and 
held by the CCP in a manner that is not bankruptcy remote.
    (3) Cleared transaction risk weights. (i) A clearing member 
[BANKING ORGANIZATION] must apply a risk weight of 2 percent to the 
trade exposure amount for a cleared transaction with a QCCP.
    (ii) For a cleared transaction with a CCP that is not a QCCP, a 
clearing member [BANKING ORGANIZATION] must apply the risk weight 
applicable to the CCP according to Sec.  __.111.
    (iii) Notwithstanding paragraphs (c)(3)(i) and (ii) of this 
section, a clearing member [BANKING ORGANIZATION] may apply a risk 
weight of zero percent to the trade exposure amount for a cleared 
transaction with a QCCP where the clearing member [BANKING 
ORGANIZATION] is acting as a financial intermediary on behalf of a 
clearing member client, the transaction offsets another transaction 
that satisfies the requirements set forth in Sec.  __.3(a), and the 
clearing member [BANKING ORGANIZATION] is not obligated to reimburse 
the clearing member client in the event of the QCCP default.
    (4) Collateral. (i) Notwithstanding any other requirement of this 
section, collateral posted by a clearing member [BANKING ORGANIZATION] 
that is held by a custodian in a manner that is bankruptcy remote from 
the CCP is not subject to a capital requirement under this section.
    (ii) A clearing member [BANKING ORGANIZATION] must calculate a 
risk-weighted asset amount for any collateral provided to a CCP, 
clearing member or a custodian in connection with a cleared transaction 
in accordance with requirements under subparts E or F of this part, as 
applicable.
    (d) Default fund contributions--(1) General requirement. A clearing 
member [BANKING ORGANIZATION] must determine the risk-weighted asset 
amount for a default fund contribution to a CCP at least quarterly, or 
more frequently if, in the opinion of the [BANKING ORGANIZATION] or the 
[AGENCY], there is a material change in the financial condition of the 
CCP. The total risk-weighted assets for default fund contributions of a 
clearing member [BANKING ORGANIZATION] is the sum of the [BANKING 
ORGANIZATION]'s risk-weighted assets for all of its default fund 
contributions to all CCPs of which the [BANKING ORGANIZATION] is a 
clearing member.
    (2) Risk-weighted asset amount for default fund contributions to 
nonqualifying CCPs. A clearing member [BANKING ORGANIZATION]'s risk-
weighted asset amount for default fund contributions to CCPs that are 
not QCCPs equals the sum of such default fund contributions multiplied 
by 1,250 percent, or an amount determined by the [AGENCY], based on 
factors such as size, structure, and membership characteristics of the 
CCP and riskiness of its transactions, in cases where such default fund 
contributions may be unlimited.
    (3) Risk-weighted asset amount for default fund contributions to 
QCCPs. A clearing member [BANKING ORGANIZATION]'s risk-weighted asset 
amount for default fund contributions to QCCPs equals the sum of its 
capital requirement, KCM for each QCCP, as calculated under the 
methodology set forth in paragraph (d)(4) of this section, multiplied 
by 12.5.
    (4) Capital requirement for default fund contributions to a QCCP. A 
clearing member [BANKING ORGANIZATION]'s capital requirement for its 
default fund contribution to a QCCP (KCM) is equal to:
[GRAPHIC] [TIFF OMITTED] TP27MR26.141

Where:

KCCP is the hypothetical capital requirement of the QCCP, 
as determined under paragraph (d)(5) of this section;
DFpref is the prefunded default fund contribution of the 
clearing member [BANKING ORGANIZATION] to the QCCP;
DFCCP is the QCCP's own prefunded amounts that are 
contributed to the default waterfall and are junior or pari passu 
with prefunded default fund contributions of clearing members of the 
CCP; and
DFpref CCPCM is the total prefunded default 
fund contributions from clearing members of the QCCP to the QCCP.

    (5) Hypothetical capital requirement of a QCCP. Where a QCCP has 
provided its KCCP, a [BANKING ORGANIZATION] must rely on such disclosed 
figure instead of calculating KCCP under this paragraph (d)(5), unless 
the [BANKING ORGANIZATION] determines that a more conservative figure 
is appropriate based on the nature, structure, or characteristics of 
the QCCP. The hypothetical capital requirement of a QCCP 
(KCCP), as determined by the [BANKING ORGANIZATION], is 
equal to:

[[Page 15177]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.142

Where:

CMi is each clearing member of the QCCP; and
EAi is the exposure amount of the QCCP to each clearing member of 
the QCCP to the QCCP, as determined under paragraph (d)(6) of this 
section.

    (6) Exposure amount of a QCCP to a clearing member. (i) The 
exposure amount of a QCCP to a clearing member is equal to the sum of 
the exposure amount for derivative contracts determined under paragraph 
(d)(6)(ii) of this section and the exposure amount for repo-style 
transactions determined under paragraph (d)(6)(iii) of this section.
    (ii) With respect to any derivative contracts between the QCCP and 
the clearing member and any guarantees that the clearing member has 
provided to the QCCP with respect to performance of a clearing member 
client on a derivative contract, the exposure amount is equal to the 
exposure amount of the QCCP to the clearing member for all such 
derivative contracts and guaranteed derivative contracts calculated 
under SA-CCR in Sec.  __.114 (or, with respect to a QCCP located 
outside the United States, under a substantially identical methodology 
in effect in the jurisdiction) using a value of 10 business days for 
purposes of Sec.  __.114(i)(4), provided that for this calculation, in 
place of the net independent collateral amount, the calculation must 
include the fair value amount of the independent collateral, as 
adjusted by the market price volatility haircut under Table 1 to Sec.  
__.115, as applicable, posted to the QCCP by the clearing member, 
including collateral posted on behalf of a client of the clearing 
member in connection with a derivative contract for which the clearing 
member has provided guarantees to the QCCP, plus the amount of the 
prefunded default fund contribution, as adjusted by the market price 
volatility haircut under Table 1 to Sec.  __.115, as applicable, plus 
the amount of the prefunded default fund contribution of the clearing 
member to the QCCP.
    (iii) With respect to any repo-style transactions between the 
clearing member and the QCCP that are cleared transactions, exposure 
amount (EA) is equal to:

EA = max {EBRMI-IMi-DFi;0{time} 

Where:

EBRMi is the exposure amount of the QCCP to each clearing 
member for all repo-style transactions between the QCCP and the 
clearing member, as determined under Sec.  __.115 and without 
recognition of the initial margin collateral posted by the clearing 
member to the QCCP with respect to the repo-style transactions or 
the prefunded default fund contribution of the clearing member 
institution to the QCCP;
IMi is the initial margin collateral posted by each 
clearing member to the QCCP with respect to the repo-style 
transactions; and
DFi is the prefunded default fund contribution of each 
clearing member to the QCCP that is not already deducted in 
paragraph (d)(6)(ii) of this section.

    (iv) Exposure amount must be calculated separately for each 
clearing member's sub-client accounts and sub-house account (i.e., for 
the clearing member's proprietary activities). If the clearing member's 
collateral and its client's collateral are held in the same default 
fund contribution account, then the exposure amount of that account is 
the sum of the exposure amount for the client-related transactions 
within the account and the exposure amount of the house-related 
transactions within the account. For purposes of determining such 
exposure amounts, the independent collateral of the clearing member and 
its client must be allocated in proportion to the respective total 
amount of independent collateral posted by the clearing member to the 
QCCP.
    (v) If any account or sub-account contains both derivative 
contracts and repo-style transactions, the exposure amount of that 
account is the sum of the exposure amount for the derivative contracts 
within the account and the exposure amount of the repo-style 
transactions within the account. If independent collateral is held for 
an account containing both derivative contracts and repo-style 
transactions, then such collateral must be allocated to the derivative 
contracts and repo-style transactions in proportion to the respective 
product specific exposure amounts, calculated, excluding the effects of 
collateral, according to Sec.  __.115 for repo-style transactions and 
to Sec.  __.114 for derivative contracts.
    (vi) Notwithstanding any other provision of paragraph (d) of this 
section, with the prior approval of the [AGENCY], a [BANKING 
ORGANIZATION] may determine the risk-weighted asset amount for a 
default fund contribution to a QCCP according to Sec.  __.35(d)(3)(i) 
through (iii).
Sec.  __.117 Unsettled Transactions
    (a) Definitions. For purposes of this section:
    (1) Delivery-versus-payment (DvP) transaction means a securities or 
commodities transaction in which the buyer is obligated to make payment 
only if the seller has made delivery of the securities or commodities 
and the seller is obligated to deliver the securities or commodities 
only if the buyer has made payment.
    (2) Payment-versus-payment (PvP) transaction means a foreign 
exchange transaction in which each counterparty is obligated to make a 
final transfer of one or more currencies only if the other counterparty 
has made a final transfer of one or more currencies.
    (3) A transaction has a normal settlement period if the contractual 
settlement period for the transaction is equal to or less than the 
market standard for the instrument underlying the transaction and equal 
to or less than five business days.
    (4) Positive current exposure of a [BANKING ORGANIZATION] for a 
transaction is the difference between the transaction value at the 
agreed settlement price and the current market price of the 
transaction, if the difference results in a credit exposure of the 
[BANKING ORGANIZATION] to the counterparty.
    (b) Scope. This section applies to all transactions involving 
securities, foreign exchange instruments, and commodities that have a 
risk of delayed settlement or delivery. This section does not apply to:
    (1) Cleared transactions that are marked-to-market daily and 
subject to daily receipt and payment of variation margin;
    (2) Repo-style transactions, including unsettled repo-style 
transactions;
    (3) One-way cash payments on OTC derivative contracts; or
    (4) Transactions with a contractual settlement period that is 
longer than the normal settlement period (which are treated as OTC 
derivative contracts).
    (c) System-wide failures. In the case of a system-wide failure of a 
settlement, clearing system or central counterparty, the [AGENCY] may 
waive risk-based capital requirements for unsettled and failed 
transactions until the situation is rectified.
    (d) Delivery-versus-payment (DvP) and payment-versus-payment (PvP)

[[Page 15178]]

transactions. A [BANKING ORGANIZATION] must hold risk-based capital 
against any DvP or PvP transaction with a normal settlement period if 
the [BANKING ORGANIZATION]'s counterparty has not made delivery or 
payment within five business days after the settlement date. The 
[BANKING ORGANIZATION] must determine its risk-weighted asset amount 
for such a transaction by multiplying the positive current exposure of 
the transaction for the [BANKING ORGANIZATION] by the appropriate risk 
weight in Table 1 to Sec.  __.117.
[GRAPHIC] [TIFF OMITTED] TP27MR26.143

    (e) Non-DvP/non-PvP (non-delivery-versus-payment/non-payment-
versus-payment) transactions. (1) A [BANKING ORGANIZATION] must hold 
risk-based capital against any non-DvP/non-PvP transaction with a 
normal settlement period if the [BANKING ORGANIZATION] has delivered 
cash, securities, commodities, or currencies to its counterparty but 
has not received its corresponding deliverables by the end of the same 
business day. The [BANKING ORGANIZATION] must continue to hold risk-
based capital against the transaction until the [BANKING ORGANIZATION] 
has received its corresponding deliverables.
    (2) From the business day after the [BANKING ORGANIZATION] has made 
its delivery until five business days after the counterparty delivery 
is due, the [BANKING ORGANIZATION] must calculate the risk-weighted 
asset amount for the transaction by treating the current fair value of 
the deliverables owed to the [BANKING ORGANIZATION] as an exposure to 
the counterparty and using the applicable counterparty risk weight 
under this subpart.
    (3) If the [BANKING ORGANIZATION] has not received its deliverables 
by the fifth business day after counterparty delivery was due, the 
[BANKING ORGANIZATION] must assign a 1,250 percent risk weight to the 
current fair value of the deliverables owed to the [BANKING 
ORGANIZATION].
    (f) Total risk-weighted assets for unsettled transactions. Total 
risk-weighted assets for unsettled transactions is the sum of the risk-
weighted asset amounts of all DvP, PvP, and non-DvP/non-PvP 
transactions.
Credit Risk Mitigation
Sec.  __.120 Guarantees and Credit Derivatives: Substitution Approach
    (a) Scope--(1) A [BANKING ORGANIZATION] may recognize the credit 
risk mitigation benefits of an eligible guarantee or eligible credit 
derivative that is not an nth-to-default credit derivative by 
substituting the risk weight associated with the protection provider 
for the risk weight assigned to an exposure, as provided under this 
section.
    (2) This section applies to exposures for which:
    (i) Credit risk is fully covered by an eligible guarantee or 
eligible credit derivative; or
    (ii) Credit risk is covered on a pro rata basis (that is, on a 
basis in which the [BANKING ORGANIZATION] and the protection provider 
share losses proportionately) by an eligible guarantee or eligible 
credit derivative.
    (3) Exposures on which there is a tranching of credit risk 
(reflecting at least two different levels of seniority) generally are 
securitization exposures subject to Sec. Sec.  __.130 through __.134.
    (4) If multiple eligible guarantees or eligible credit derivatives 
cover a single exposure described in this section, a [BANKING 
ORGANIZATION] may treat the hedged exposure as multiple separate 
exposures, each covered by a single eligible guarantee or eligible 
credit derivative, and may calculate a separate risk-weighted asset 
amount for each separate exposure as described in paragraph (c) of this 
section.
    (5) If a single eligible guarantee or eligible credit derivative 
covers multiple hedged exposures described in paragraph (a)(2) of this 
section, a [BANKING ORGANIZATION] must treat each hedged exposure as 
covered by a separate eligible guarantee or eligible credit derivative 
and must calculate a separate risk-weighted asset amount for each 
exposure as described in paragraph (c) of this section.
    (b) Rules of recognition. (1) A [BANKING ORGANIZATION] may only 
recognize the credit risk mitigation benefits of eligible guarantees 
and eligible credit derivatives that are not nth-to-default 
credit derivatives.
    (2) A [BANKING ORGANIZATION] may only recognize the credit risk 
mitigation benefits of an eligible credit derivative to hedge an 
exposure that is different from the credit derivative's reference 
exposure used for determining the derivative's cash settlement value, 
deliverable obligation, or occurrence of a credit event if:
    (i) The reference exposure ranks pari passu with, or is 
subordinated to, the hedged exposure;
    (ii) The reference exposure and the hedged exposure are to the same 
legal entity; and
    (iii) Legally enforceable cross-default or cross-acceleration 
clauses are in place to ensure payments under the credit derivative are 
triggered when the obligated party of the hedged exposure fails to pay 
under the terms of the hedged exposure.
    (c) Substitution approach--(1) Full coverage. If an eligible 
guarantee or eligible credit derivative meets the conditions in 
paragraphs (a) and (b) of this section and the protection amount (P) of 
the guarantee or credit derivative is greater than or equal to the 
exposure amount of the hedged exposure, a [BANKING ORGANIZATION] may 
recognize the guarantee or credit

[[Page 15179]]

derivative in determining the risk-weighted asset amount for the hedged 
exposure by substituting the risk weight applicable to the guarantor or 
credit derivative protection provider under this subpart for the risk 
weight assigned to the exposure.
    (2) Partial coverage. If an eligible guarantee or eligible credit 
derivative meets the conditions in paragraphs (a) and (b) of this 
section and the protection amount (P) of the guarantee or credit 
derivative is less than the exposure amount of the hedged exposure, the 
[BANKING ORGANIZATION] must treat the hedged exposure as two separate 
exposures (protected and unprotected) in order to recognize the credit 
risk mitigation benefit of the guarantee or credit derivative.
    (i) The [BANKING ORGANIZATION] may calculate the risk-weighted 
asset amount for the protected exposure under this subpart E, where the 
applicable risk weight is the risk weight applicable to the guarantor 
or credit derivative protection provider.
    (ii) The [BANKING ORGANIZATION] must calculate the risk-weighted 
asset amount for the unprotected exposure under this subpart E, where 
the applicable risk weight is that of the unprotected portion of the 
hedged exposure.
    (iii) The treatment provided in this section is applicable when the 
credit risk of an exposure is covered on a partial pro rata basis and 
may be applicable when an adjustment is made to the effective notional 
amount of the guarantee or credit derivative under paragraph (d), (e), 
or (f) of this section.
    (d) Maturity mismatch adjustment. (1) A [BANKING ORGANIZATION] that 
recognizes an eligible guarantee or eligible credit derivative in 
determining the risk-weighted asset amount for a hedged exposure must 
adjust the effective notional amount of the credit risk mitigant to 
reflect any maturity mismatch between the hedged exposure and the 
credit risk mitigant.
    (2) A maturity mismatch occurs when the residual maturity of a 
credit risk mitigant is less than that of the hedged exposure(s).
    (3) The residual maturity of a hedged exposure is the longest 
possible remaining time before the obligated party of the hedged 
exposure is scheduled to fulfil its obligation on the hedged exposure. 
If a credit risk mitigant has embedded options that may reduce its 
term, the [BANKING ORGANIZATION] (protection purchaser) must adjust the 
residual maturity of the credit risk mitigant. If a call is at the 
discretion of the protection provider, the residual maturity of the 
credit risk mitigant is at the first call date. If the call is at the 
discretion of the [BANKING ORGANIZATION] (protection purchaser), but 
the terms of the arrangement at origination of the credit risk mitigant 
contain a positive incentive for the [BANKING ORGANIZATION] to call the 
transaction before contractual maturity, the remaining time to the 
first call date is the residual maturity of the credit risk mitigant.
    (4) A credit risk mitigant with a maturity mismatch may be 
recognized only if its original maturity is greater than or equal to 
one year and its residual maturity is greater than three months.
    (5) When a maturity mismatch exists, the [BANKING ORGANIZATION] 
must apply the following adjustment to reduce the effective notional 
amount of the credit risk mitigant:

Pm = E x (t-0.25)/(T-0.25),

where:

(i) Pm = effective notional amount of the credit risk mitigant, 
adjusted for maturity mismatch;
(ii) E = effective notional amount of the credit risk mitigant;
(iii) t = the lesser of T or the residual maturity of the credit 
risk mitigant, expressed in years; and
(iv) T = the lesser of five or the residual maturity of the hedged 
exposure, expressed in years.

    (e) Adjustment for credit derivatives without restructuring as a 
credit event. (1) If a [BANKING ORGANIZATION] recognizes an eligible 
credit derivative that does not include as a credit event a 
restructuring of the hedged exposure involving forgiveness or 
postponement of principal, interest, or fees that results in a credit 
loss event (that is, a charge-off, specific provision, or other similar 
debit to the profit and loss account), the [BANKING ORGANIZATION] must 
apply the adjustment in paragraph (e)(2) of this section to reduce the 
effective notional amount of the credit derivative unless:
    (i) The terms of the hedged exposure and the reference exposure, if 
different from the hedged exposure, allow the maturity, principal, 
coupon, currency, or seniority status of the exposure to be amended 
outside of receivership, insolvency, liquidation, or similar proceeding 
only by unanimous consent of all parties, and
    (ii) The [BANKING ORGANIZATION] has conducted sufficient legal 
review to conclude with a well-founded basis (and maintains sufficient 
written documentation of that legal review) that the hedged exposure is 
subject to the U.S. Bankruptcy Code, the Federal Deposit Insurance Act, 
or a domestic or foreign insolvency regime with similar features that 
allow for a company to liquidate, reorganize, or restructure and 
provides for an orderly settlement of creditor claims.
    (2) The [BANKING ORGANIZATION] must apply the following adjustment 
to reduce the effective notional amount of any eligible credit 
derivative that is subject to adjustment under paragraph (e)(1) of this 
section:

Pr = Pm x 0.60,

where:

(i) Pr = effective notional amount of the credit risk mitigant, 
adjusted for lack of restructuring event (and maturity mismatch, if 
applicable); and
(ii) Pm = effective notional amount of the credit risk mitigant 
(adjusted for maturity mismatch, if applicable).

    (f) Currency mismatch adjustment. (1) If a [BANKING ORGANIZATION] 
recognizes an eligible guarantee or eligible credit derivative that is 
denominated in a currency different from that in which the hedged 
exposure is denominated, the [BANKING ORGANIZATION] must apply the 
following formula to the effective notional amount of the guarantee or 
credit derivative:

Pc = Pr x (1- HFX),

where:

(i) Pc = effective notional amount of the credit risk mitigant, 
adjusted for currency mismatch (and maturity mismatch and lack of 
restructuring event, if applicable);
(ii) Pr = effective notional amount of the credit risk mitigant 
(adjusted for maturity mismatch and lack of restructuring event, if 
applicable); and
(iii) HFX = haircut appropriate for the currency mismatch 
between the credit risk mitigant and the hedged exposure, as 
determined under paragraphs (f)(2) through (3) of this section.

    (2) Subject to paragraph (f)(3) of this section, a [BANKING 
ORGANIZATION] must set HFX equal to eight percent.
    (3) A [BANKING ORGANIZATION] must increase HFX as determined under 
paragraph (f)(2) of this section if the [BANKING ORGANIZATION] revalues 
the guarantee or credit derivative less frequently than once every 10 
business days using the following formula:

[[Page 15180]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.144

Sec.  __.121 Collateralized Transactions and Prepaid Credit Protection 
Arrangements
    (a) Financial Collateral. To recognize the risk-mitigating effects 
of financial collateral, a [BANKING ORGANIZATION] may use the simple 
approach in paragraph (b) of this section for any exposure for which 
the [BANKING ORGANIZATION] does not use Sec. Sec.  __.113 through 
__.115 to calculate the exposure amount for counterparty credit risk. A 
[BANKING ORGANIZATION] must use the same approach to recognize the 
risk-mitigating effects of financial collateral for similar exposures 
or transactions.
    (b) The simple approach--(1) General requirements. To qualify for 
the simple approach under this paragraph (b), the financial collateral 
must meet the following requirements:
    (i) The collateral must be revalued at least every six months;
    (ii) The legal mechanism by which financial collateral is pledged 
or transferred must be enforceable in the relevant jurisdictions and 
ensure that the [BANKING ORGANIZATION] has the contractual right, as 
applicable to the characteristics of the financial collateral and 
exposure, to liquidate or take legal possession of the financial 
collateral, setoff amounts owed to the obligor against amounts owed to 
the [BANKING ORGANIZATION] and close out any transaction giving rise to 
the secured exposure, in a timely manner, in the event of the default, 
insolvency or bankruptcy (or one or more otherwise-defined credit 
events set out in the transaction documentation) of the obligor;
    (iii) If the financial collateral has been pledged or transferred 
by a party other than the obligor of the secured exposure, the 
bankruptcy or insolvency of the pledgor or transferor must not 
terminate or impair the enforceability of the legal mechanism that 
establishes the [BANKING ORGANIZATION]'s rights in respect of the 
financial collateral; and
    (iv) The [BANKING ORGANIZATION] must be able to reasonably 
demonstrate the ability to protect and enforce its rights in respect of 
any financial collateral.
    (2) Risk weight substitution. (i) A [BANKING ORGANIZATION] may 
apply a risk weight to the portion of an exposure that is secured by 
financial collateral that meets the requirements of paragraph (b) of 
this section, up to the protection amount of the financial collateral 
as adjusted by paragraph (d) of this section, based on the risk weight 
assigned to the collateral under this subpart. For repurchase 
agreements, reverse repurchase agreements, and securities lending and 
borrowing transactions, the collateral is the instruments, gold, and 
cash the [BANKING ORGANIZATION] has borrowed, purchased subject to 
resale, or taken as collateral from the counterparty under the 
transaction. Except as provided in paragraph (b)(3) of this section, 
the risk weight assigned to the portion of the exposure secured by 
financial collateral may not be less than 20 percent.
    (ii) A [BANKING ORGANIZATION] must apply a risk weight to the 
amount of an exposure in excess of the protection amount of financial 
collateral securing the exposure based on the risk weight applicable to 
the exposure under this subpart.
    (3) Exceptions to the 20 percent risk weight floor and other 
requirements. Notwithstanding paragraph (b)(2)(i) of this section, a 
[BANKING ORGANIZATION] may assign a zero percent risk weight up to the 
protection amount of the financial collateral where:
    (i) The financial collateral is cash on deposit; or
    (ii) The financial collateral is an exposure to a sovereign that 
qualifies for a zero percent risk weight under Sec.  __.111, and the 
[BANKING ORGANIZATION] has discounted the fair value of the collateral 
by 20 percent.
    (c) Eligible prepaid credit protection arrangements. (1) Scope. A 
[BANKING ORGANIZATION] may recognize the credit risk mitigation 
benefits of an eligible prepaid credit protection arrangement as 
provided under this paragraph.
    (2) Application. This paragraph applies to exposures, including 
securitization exposures, for which:
    (i) Credit risk is fully covered by an eligible prepaid credit 
protection arrangement; or
    (ii) Credit risk is covered on a pro rata basis (that is, on a 
basis in which the [BANKING ORGANIZATION] and the protection provider 
share losses proportionately) by an eligible prepaid credit protection 
arrangement.
    (3) Tranching of credit risk. Exposures on which there is a 
tranching of credit risk (reflecting at least two different levels of 
seniority) generally are securitization exposures subject to Sec.  
__.130 through __.134.
    (4) Multiple eligible prepaid credit protection arrangements. If 
multiple eligible prepaid credit protection arrangements cover a single 
exposure, a [BANKING ORGANIZATION] may treat the hedged exposure as 
multiple separate exposures each covered by a single eligible credit 
protection arrangement and may calculate a separate risk-weighted asset 
amount for each separate exposure as described in paragraph (c)(6) of 
this section.
    (5) Single eligible credit protection arrangements. If a single 
eligible credit protection arrangement covers multiple hedged 
exposures, a [BANKING ORGANIZATION] must treat each hedged exposure as 
covered by a separate eligible credit protection arrangement and must 
calculate a separate risk-weighted asset amount for each exposure as 
described in paragraph (c)(6) of this section.
    (6) Prepaid credit protection arrangements--The substitution 
approach. (i) Full coverage. If an eligible prepaid credit protection 
arrangement meets the conditions in paragraphs (c)(1) through (5) of 
this section and the protection amount (P) of the prepaid credit 
protection arrangement is greater than or equal to the exposure amount 
of the reference exposure, a [BANKING ORGANIZATION] may assign a zero 
percent risk weight to the reference exposure.
    (ii) Partial coverage. If an eligible prepaid credit protection 
arrangement meets the conditions in paragraphs (c)(1) through (5) of 
this section and the protection amount (P) of the prepaid credit 
protection arrangement is less than the exposure amount of the 
reference exposure, the [BANKING ORGANIZATION] must treat the reference 
exposure as two separate exposures (protected and unprotected) in order 
to recognize the credit risk mitigation benefit of the prepaid credit 
protection arrangement.
    (A) The [BANKING ORGANIZATION] may apply a risk-weight of zero 
percent for the protected exposure.
    (B) The [BANKING ORGANIZATION] must calculate the risk-weighted 
asset amount for the unprotected exposure under this subpart E, where 
the applicable risk weight is that of the unprotected portion of the 
reference exposure.

[[Page 15181]]

    (C) The treatment provided in this section is applicable when the 
credit risk of a reference exposure is covered on a partial pro rata 
basis and may be applicable when an adjustment is made to the effective 
notional amount of the prepaid credit protection arrangement under 
paragraph (d) of this section.
    (d) Required adjustments--(1) Maturity mismatch adjustment. (i) A 
[BANKING ORGANIZATION] that recognizes the credit risk mitigation 
benefits of financial collateral under paragraph (b) of this section or 
of an eligible prepaid credit protection arrangement under paragraph 
(c) of this section must adjust the amount of credit risk mitigation 
recognized to reflect any maturity mismatch.
    (ii) A maturity mismatch occurs when:
    (A) The residual maturity of the legal mechanism by which financial 
collateral is pledged is less than that of the secured exposure(s); or
    (B) The residual maturity of an eligible prepaid credit protection 
arrangement is less than that of the reference exposure.
    (iii) The residual maturity of a secured exposure under paragraph 
(b) of this section or a reference exposure under paragraph (c) of this 
section is the longest possible remaining time before the obligated 
party of the secured exposure or reference exposure is scheduled to 
fulfil its obligation on the exposure. For purposes of this paragraph 
(d)(1)(iii):
    (A) For an eligible prepaid credit protection arrangement, if the 
terms of the arrangement include embedded options that may reduce its 
term, the [BANKING ORGANIZATION] (protection purchaser) must adjust the 
residual maturity. If a call is at the discretion of the protection 
provider, the residual maturity is at the first call date. If the call 
is at the discretion of the [BANKING ORGANIZATION] (protection 
purchaser), but the terms of the arrangement at origination contain a 
positive incentive for the [BANKING ORGANIZATION] to cancel the 
arrangement before contractual maturity, the remaining time to the 
first call date is the residual maturity.
    (B) For financial collateral that is not cash on deposit at the 
[BANKING ORGANIZATION], but including cash held for the [BANKING 
ORGANIZATION] by a third-party custodian or trustee, the residual 
maturity of any amount of such financial collateral is the earliest 
date on which the [BANKING ORGANIZATION]'s rights in respect of such 
amount of financial collateral may be terminated without the pledgor 
being subject to a contemporaneous requirement to pledge additional 
financial collateral. For financial collateral that is cash on deposit 
at the [BANKING ORGANIZATION], the residual maturity of any amount of 
such cash collateral is the earliest date on which a depositor may 
withdraw such amount, notwithstanding any notice requirements or early 
withdrawal fees or penalties.
    (iv) The credit risk mitigation benefits of financial collateral or 
an eligible prepaid credit protection arrangement with a maturity 
mismatch may be recognized only if the original maturity of the legal 
mechanism by which financial collateral is pledged or the eligible 
prepaid credit protection arrangement is greater than or equal to one 
year and its residual maturity is greater than three months.
    (v) When a maturity mismatch exists, the [BANKING ORGANIZATION] 
must apply the following adjustment to reduce the protection amount:

Pm = E x (t-0.25)/(T-0.25),

where:

(A) Pm = fair value of the financial collateral or effective 
notional amount of the eligible prepaid credit protection 
arrangement, adjusted for maturity mismatch;
(B) E = fair value of the financial collateral or effective notional 
amount of the eligible prepaid credit protection arrangement;
(C) t = the lesser of T or the residual maturity of the arrangement, 
expressed in years; and
(D) T = the lesser of five or the residual maturity of the secured 
exposure or reference exposure, expressed in years.

    (2) Currency mismatch adjustment. (i) If a [BANKING ORGANIZATION] 
recognizes the credit risk mitigation benefits of financial collateral 
under paragraph (b) of this section or of an eligible prepaid credit 
protection arrangement under paragraph (c) of this section that is 
denominated in a currency different from that in which the secured or 
reference exposure is denominated, the [BANKING ORGANIZATION] must 
apply the following formula to the fair value of the financial 
collateral or the effective notional amount of the eligible prepaid 
credit protection arrangement:

Pc = Pr x (1- HFX),

where:

(A) Pc = fair value of the financial collateral or the effective 
notional amount of the eligible prepaid credit protection 
arrangement, adjusted for currency mismatch (and maturity mismatch, 
if applicable);
(B) Pr = fair value of the financial collateral or the effective 
notional amount of the eligible prepaid credit protection 
arrangement (adjusted for maturity mismatch, if applicable); and
(C) HFX = haircut appropriate for the currency mismatch between the 
financial collateral and the secured exposure or the eligible 
prepaid credit protection arrangement and the reference exposure, as 
determined under paragraphs (d)(2)(ii) through (iii) of this 
section.

    (ii) Subject to paragraph (d)(2)(iii) of this section, a [BANKING 
ORGANIZATION] must set HFX equal to eight percent.
    (iii) A [BANKING ORGANIZATION] must increase HFX as 
determined under paragraph (d)(2)(ii) of this section if the [BANKING 
ORGANIZATION] revalues the financial collateral or eligible prepaid 
credit protection arrangement less frequently than once every 10 
business days using the following formula:
[GRAPHIC] [TIFF OMITTED] TP27MR26.145


[[Page 15182]]


Risk-Weighted Assets for Securitization Exposures
Sec.  __.130 Operational Criteria for Recognizing the Transfer of Risk.
    (a) Operational criteria for traditional securitizations. A 
[BANKING ORGANIZATION] that transfers exposures it has originated or 
purchased to a third party in connection with a traditional 
securitization may exclude the exposures from the calculation of its 
risk-weighted assets only if each condition in this section is 
satisfied. A [BANKING ORGANIZATION] that meets these conditions must 
hold risk-based capital against any credit risk it retains in 
connection with the securitization. A [BANKING ORGANIZATION] that fails 
to meet these conditions must hold risk-based capital against the 
transferred exposures as if they had not been securitized and must 
deduct from common equity tier 1 capital any after-tax gain-on-sale 
resulting from the transaction and any portion of a CEIO strip that 
does not constitute after-tax gain-on-sale. If the transferred 
exposures are in connection with a resecuritization and all of the 
conditions in this paragraph (a) are satisfied, the [BANKING 
ORGANIZATION] must exclude the exposures from the calculation of its 
risk-weighted assets and must hold risk-based capital against any 
credit risk it retains in connection with the resecuritization. The 
conditions are:
    (1) The exposures are not reported on the [BANKING ORGANIZATION]'s 
consolidated balance sheet under GAAP;
    (2) The [BANKING ORGANIZATION] has transferred to one or more third 
parties credit risk associated with the underlying exposures;
    (3) Any clean-up calls relating to the securitization are eligible 
clean-up calls; and
    (4) The securitization does not:
    (i) Include one or more underlying exposures in which the borrower 
is permitted to vary the drawn amount within an agreed limit under a 
line of credit; and
    (ii) Contain an early amortization provision.
    (b) Operational criteria for synthetic securitizations. For 
synthetic securitizations, a [BANKING ORGANIZATION] may recognize for 
risk-based capital purposes the use of a credit risk mitigant to hedge 
underlying exposures only if each condition in this paragraph (b) is 
satisfied. A [BANKING ORGANIZATION] that meets these conditions must 
hold risk-based capital against any credit risk of the exposures it 
retains in connection with the synthetic securitization. A [BANKING 
ORGANIZATION] that fails to meet these conditions or chooses not to 
recognize the credit risk mitigant for purposes of this section must 
instead hold risk-based capital against the underlying exposures as if 
they had not been synthetically securitized. If the synthetic 
securitization is a resecuritization and all of the conditions in this 
paragraph (b) are satisfied, the [BANKING ORGANIZATION] must exclude 
the underlying securitization exposures from the calculation of its 
risk-weighted assets and must hold risk-based capital against any 
credit risk it retains in connection with the resecuritization. The 
conditions are:
    (1) The credit risk mitigant is:
    (i) Financial collateral;
    (ii) A guarantee that meets all criteria as set forth in the 
definition of eligible guarantee in Sec.  __.2, except for the criteria 
in paragraph (3) of that definition;
    (iii) A credit derivative that is not an nth-to-default credit 
derivative and that meets all criteria as set forth in the definition 
of eligible credit derivative in Sec.  __.2, except for the criteria in 
paragraph (3) of the definition of eligible guarantee in Sec.  __.2; or
    (iv) A prepaid credit protection arrangement that meets all 
criteria as set forth in the definition of eligible prepaid credit 
protection arrangement in Sec.  __.2, except for the criteria in 
paragraph (3) of that definition.
    (2) The [BANKING ORGANIZATION] transfers credit risk associated 
with the underlying exposures to one or more third parties, and the 
terms and conditions in the credit risk mitigants employed do not 
include provisions that:
    (i) Allow for the termination of the credit protection due to 
deterioration in the credit quality of the underlying exposures;
    (ii) Require the [BANKING ORGANIZATION] to alter or replace the 
underlying exposures to improve the credit quality of the underlying 
exposures;
    (iii) Increase the [BANKING ORGANIZATION]'s cost of credit 
protection in response to deterioration in the credit quality of the 
underlying exposures;
    (iv) Increase the yield payable to parties other than the [BANKING 
ORGANIZATION] in response to a deterioration in the credit quality of 
the underlying exposures; or
    (v) Provide for increases in a retained first loss position or 
credit enhancement provided by the [BANKING ORGANIZATION] after the 
inception of the securitization;
    (3) The [BANKING ORGANIZATION] obtains a well-reasoned opinion from 
legal counsel that confirms the enforceability of the credit risk 
mitigant in all relevant jurisdictions;
    (4) Any clean-up calls relating to the securitization are eligible 
clean-up calls;
    (5) No synthetic excess spread is permitted within the synthetic 
securitization;
    (6) Any applicable minimum payment threshold for the credit risk 
mitigant is consistent with standard market practice; and
    (7) The securitization does not:
    (i) Include one or more underlying exposures in which the borrower 
is permitted to vary the drawn amount within an agreed limit under a 
line of credit; and
    (ii) Contain an early amortization provision.
    (c) Due diligence requirements for securitization exposures. (1) 
Except for exposures that are deducted from common equity tier 1 
capital and exposures subject to Sec.  __.132(h), if a [BANKING 
ORGANIZATION] is unable to demonstrate to the satisfaction of the 
[AGENCY] a comprehensive understanding of the features of a 
securitization exposure that would materially affect the performance of 
the exposure, the [BANKING ORGANIZATION] must assign the securitization 
exposure a risk weight of 1,250 percent. The [BANKING ORGANIZATION]'s 
analysis must be commensurate with the complexity of the securitization 
exposure and the materiality of the exposure in relation to its 
capital.
    (2) A [BANKING ORGANIZATION] must demonstrate its comprehensive 
understanding of a securitization exposure under paragraph (c)(1) of 
this section, for each securitization exposure by:
    (i) Conducting an analysis of the risk characteristics of a 
securitization exposure prior to acquiring the exposure and documenting 
such analysis within 3 business days after acquiring the exposure, 
considering:
    (A) Structural features of the securitization that would materially 
impact the performance of the exposure, for example, the contractual 
cash flow waterfall, waterfall-related triggers, credit enhancements, 
liquidity enhancements, fair value triggers, the performance of 
organizations that service the exposure, and deal-specific definitions 
of default;
    (B) Relevant information regarding--
    (1) The performance the underlying credit exposure(s), for example, 
the percentage of loans 30, 60, and 90 days past due; default rates; 
prepayment

[[Page 15183]]

rates; loans in foreclosure; property types; occupancy; average credit 
score or other measures of creditworthiness; average LTV ratio; and 
industry and geographic diversification data on the underlying 
exposure(s); and
    (2) For resecuritization exposures, in addition to the information 
described in paragraph (c)(2)(i)(B)(1) of this section, performance 
information on the underlying securitization exposures, which may 
include the issuer name and credit quality, and the characteristics and 
performance of the exposures underlying the securitization exposures; 
and
    (C) Relevant market data of the securitization, for example, bid-
ask spread, most recent sales price and historic price volatility, 
trading volume, implied market rating, and size, depth and 
concentration level of the market for the securitization; and
    (ii) On an on-going basis (no less frequently than quarterly), 
evaluating, reviewing, and updating as appropriate the analysis 
required under paragraph (c)(1) of this section for each securitization 
exposure.
Sec.  __.131 Exposure Amount of a Securitization Exposure
    (a) On-balance sheet securitization exposure. The exposure amount 
of an on-balance sheet securitization exposure (excluding a repo-style 
transaction, eligible margin loan, OTC derivative contract that is not 
a credit derivative, or cleared transaction that is not a credit 
derivative) is equal to the [BANKING ORGANIZATION]'s carrying value of 
the exposure. For a credit derivative, a [BANKING ORGANIZATION] must 
apply Sec.  __.132(i) or (j), as applicable.
    (b) Off-balance sheet securitization exposure. Except as provided 
in Sec.  __.132(h), the exposure amount of an off-balance sheet 
securitization exposure that is not a repo-style transaction, eligible 
margin loan, OTC derivative contract (other than a credit derivative), 
or cleared transaction (other than a credit derivative) is the notional 
amount of the exposure. For an off-balance sheet securitization 
exposure to an ABCP program, such as an eligible ABCP liquidity 
facility, the notional amount may be reduced to the maximum potential 
amount that the [BANKING ORGANIZATION] could be required to fund given 
the ABCP program's current underlying assets (calculated without regard 
to the current credit quality of those assets).
    (c) Repo-style transaction, eligible margin loan, OTC derivative 
contract that is not a credit derivative, or cleared transaction that 
is not a credit derivative. The exposure amount of a securitization 
exposure that is a repo-style transaction, eligible margin loan, or OTC 
derivative contract (other than a credit derivative) is the exposure 
amount as calculated in accordance with Sec. Sec.  __.113 through 
__.115 or Sec.  __.112, as applicable, and the exposure amount of a 
securitization exposure that is a cleared transaction that is not a 
credit derivative is the exposure amount as calculated in Sec.  __.116.
Sec.  __.132 Risk-Weighted Assets for Securitization Exposures
    (a) General approach. Except as provided elsewhere in this section 
and in Sec.  __.130:
    (1) A [BANKING ORGANIZATION] may, subject to the limitation under 
paragraph (e) of this section, apply the securitization standardized 
approach (SEC-SA) in Sec.  __.133 to the exposure if the exposure meets 
the following requirements:
    (i) The [BANKING ORGANIZATION] has accurate information on A, D, W, 
and KG (as defined in Sec.  __.133) for the exposure. Data used to 
assign the parameters described in this paragraph (a)(1)(i) must be the 
most currently available data. If the contracts governing the 
underlying exposures of the securitization require payments on a 
monthly or quarterly basis, the data used to assign the parameters 
described in this paragraph (a)(1)(i) must be no more than 91 calendar 
days old.
    (ii) The [BANKING ORGANIZATION] has accurate information regarding 
whether the exposure is a resecuritization exposure.
    (2) If the securitization exposure is an interest rate derivative 
contract, an exchange rate derivative contract, or a cash collateral 
account related to an interest rate or exchange rate derivative 
contract, the [BANKING ORGANIZATION] must assign a risk weight to the 
exposure equal to the risk weight of a securitization exposure that is 
pari passu to the interest rate derivative contract or exchange rate 
derivative contract or, if such an exposure does not exist, the risk 
weight of any subordinate securitization exposure.
    (3) If the [BANKING ORGANIZATION] cannot apply, or chooses not to 
apply, the securitization standardized approach in Sec.  __.133, the 
[BANKING ORGANIZATION] must apply a 1,250 percent risk weight to the 
exposure.
    (b) Total risk-weighted assets for securitization exposures. A 
[BANKING ORGANIZATION]'s total risk-weighted assets for securitization 
exposures equals the sum of the risk-weighted asset amount for 
securitization exposures that the [BANKING ORGANIZATION] risk weights 
under Sec. Sec.  __.132 through __.134, as applicable.
    (c) After-tax gain-on-sale resulting from a securitization. 
Notwithstanding any other provision of this subpart, a [BANKING 
ORGANIZATION] must deduct from common equity tier 1 capital any after-
tax gain-on-sale resulting from a securitization as well as the portion 
of a CEIO that does not constitute an after-tax gain-on sale.
    (d) Overlapping exposures. (1) If a [BANKING ORGANIZATION] has 
multiple securitization exposures that provide duplicative coverage of 
the underlying exposures of a securitization (such as when a [BANKING 
ORGANIZATION] provides a program-wide credit enhancement and multiple 
pool-specific liquidity facilities to an ABCP program), the [BANKING 
ORGANIZATION] is not required to hold duplicative risk-based capital 
against the overlapping position. Instead, the [BANKING ORGANIZATION] 
may apply to the overlapping position the applicable risk-based capital 
treatment that results in the highest risk-based capital requirement.
    (2) If a [BANKING ORGANIZATION] has two or more securitization 
exposures that partially overlap with each other, the [BANKING 
ORGANIZATION] may treat the exposures as overlapping and apply the 
treatment under paragraph (d)(1). For purposes of such a treatment 
under this paragraph (d)(2), the [BANKING ORGANIZATION] must include in 
expanded total risk-weighted assets the risk-weighted asset amount for 
a hypothetical securitization exposure that would fully overlap with 
all of the partially overlapping exposures.
    (3) If a [BANKING ORGANIZATION] has a securitization exposure under 
this subpart that is an overlapping exposure with a securitization 
exposure that is a market risk covered position under subpart F of this 
part, the [BANKING ORGANIZATION] may assign to the overlapping 
securitization exposure the applicable risk-based capital treatment 
under either this subpart or subpart F, whichever results in the 
highest risk-based capital requirement.
    (e) Implicit support. If a [BANKING ORGANIZATION] provides support 
to a securitization in excess of the [BANKING ORGANIZATION]'s 
contractual obligation to provide credit support to the securitization:
    (1) The [BANKING ORGANIZATION] must calculate a risk-weighted asset 
amount for underlying exposures

[[Page 15184]]

associated with the securitization as if the exposures had not been 
securitized and must deduct from common equity tier 1 capital any 
after-tax gain-on-sale resulting from the securitization and any 
portion of a CEIO strip that does not constitute after-tax gain-on-
sale; and
    (2) The [BANKING ORGANIZATION] must disclose publicly:
    (i) That it has provided implicit support to the securitization; 
and
    (ii) The risk-based capital impact to the [BANKING ORGANIZATION] of 
providing such implicit support.
    (f) Undrawn portion of a servicer cash advance facility. (1) 
Notwithstanding any other provision of this subpart, a [BANKING 
ORGANIZATION] that is a servicer under an eligible servicer cash 
advance facility is not required to hold risk-based capital against 
potential future cash advance payments that it may be required to 
provide under the contract governing the facility.
    (2) For a [BANKING ORGANIZATION] that acts as a servicer, the 
exposure amount for a servicer cash advance facility that is not an 
eligible servicer cash advance facility is equal to the amount of all 
potential future cash advance payments that the [BANKING ORGANIZATION] 
may be contractually required to provide during the subsequent 12-month 
period under the contract governing the facility.
    (g) Interest-only mortgage-backed securities. Notwithstanding any 
other provision of this subpart, the risk weight for a non-credit-
enhancing interest-only mortgage-backed security may not be less than 
100 percent.
    (h) Small-business loans and leases on personal property 
transferred with retained contractual exposure. (1) Regardless of any 
other provision of this subpart, a [BANKING ORGANIZATION] that has 
transferred small-business loans and leases on personal property 
(small-business obligations) with recourse must include in risk-
weighted assets only its contractual exposure to the small-business 
obligations if all the following conditions are met:
    (i) The transaction must be treated as a sale under GAAP;
    (ii) The [BANKING ORGANIZATION] establishes and maintains, pursuant 
to GAAP, a non-capital reserve sufficient to meet the [BANKING 
ORGANIZATION]'s reasonably estimated liability under the contractual 
obligation;
    (iii) The small-business obligations are to businesses that meet 
the criteria for a small-business concern established by the Small 
Business Administration under section 3(a) of the Small Business Act 
(15 U.S.C. 632 et seq.); and
    (iv) The [BANKING ORGANIZATION] is well capitalized for purposes of 
the Prompt Corrective Action framework (12 U.S.C. 1831o). For purposes 
of determining whether a [BANKING ORGANIZATION] is well capitalized for 
purposes of this paragraph (h), the [BANKING ORGANIZATION]'s capital 
ratios must be calculated without regard to the capital treatment for 
transfers of small-business obligations with recourse specified in 
paragraph (h)(1) of this section.
    (2) The total outstanding amount of contractual exposure retained 
by a [BANKING ORGANIZATION] on transfers of small-business obligations 
receiving the capital treatment specified in paragraph (h)(1) of this 
section cannot exceed 15 percent of the [BANKING ORGANIZATION]'s total 
capital.
    (3) If a [BANKING ORGANIZATION] ceases to be well capitalized, or 
exceeds the 15 percent capital limitation provided in paragraph (h)(2) 
of this section, the capital treatment specified in paragraph (h)(1) of 
this section will continue to apply to any transfers of small-business 
obligations with retained contractual exposure that occurred during the 
time that the [BANKING ORGANIZATION] was well capitalized and did not 
exceed the capital limit.
    (4) The risk-based capital ratios of the [BANKING ORGANIZATION] 
must be calculated without regard to the capital treatment for 
transfers of small-business obligations specified in paragraph (h)(1) 
of this section for purposes of:
    (i) Determining whether a [BANKING ORGANIZATION] is adequately 
capitalized, undercapitalized, significantly undercapitalized, or 
critically undercapitalized under the [AGENCY]'s prompt corrective 
action regulations; and
    (ii) Reclassifying a well-capitalized [BANKING ORGANIZATION] to 
adequately capitalized and requiring an adequately capitalized [BANKING 
ORGANIZATION] to comply with certain mandatory or discretionary 
supervisory actions as if the [BANKING ORGANIZATION] were in the next 
lower prompt-corrective-action category.
    (i) Nth-to-default credit derivatives--(1) Protection provider. A 
[BANKING ORGANIZATION] providing protection through a first-to-default 
or second-or-later-to-default derivative is subject to capital 
requirements on such instruments under this paragraph (i)(1).
    (i) First-to-default. For first-to-default derivatives, a [BANKING 
ORGANIZATION] must aggregate by simple summation the risk weights of 
the assets covered up to a maximum of 1,250 percent and multiply by the 
nominal amount of the protection provided by the credit derivative to 
obtain the risk-weighted asset amount.
    (ii) Nth-to-default. For second-or-later-to-default derivatives, in 
aggregating the risk weights, a [BANKING ORGANIZATION] may exclude the 
asset with the lowest risk-weighted amount from the risk-weighted 
capital calculation. This risk-based capital treatment applies for nth-
to-default derivatives for which the n-1 assets with the lowest risk-
weighted amounts can be excluded from the risk-weighted capital 
calculation.
    (2) Protection purchaser. A [BANKING ORGANIZATION] is not permitted 
to recognize purchased protection in the form of an nth-to-default 
credit derivative as a credit risk mitigant. A [BANKING ORGANIZATION] 
must calculate the counterparty credit risk of a purchased nth-to-
default credit derivative under Sec. Sec.  __.113 through __.114.
    (j) Guarantees, credit derivatives other than nth-to-default credit 
derivatives, and prepaid credit protection arrangements--(1) Protection 
provider. For a guarantee, credit derivative (other than an nth-to-
default credit derivative), or prepaid credit protection arrangement 
provided by a [BANKING ORGANIZATION] that covers the full amount or a 
pro rata share of a securitization exposure's principal and interest, 
the [BANKING ORGANIZATION] must risk-weight the guarantee, credit 
derivative, or prepaid credit protection arrangement under paragraph 
(a) of this section as if it held the portion of the securitization 
exposure covered by the guarantee, credit derivative, or prepaid credit 
protection arrangement.
    (2) Protection purchaser. (i) A [BANKING ORGANIZATION] that 
purchases a credit derivative (other than an nth-to-default credit 
derivative) that is recognized under Sec.  __.134 as a credit risk 
mitigant (including via recognized collateral) is not required to 
compute a separate counterparty credit risk capital requirement under 
Sec. Sec.  __.113 through __.114.
    (ii) If a [BANKING ORGANIZATION] cannot, or chooses not to, 
recognize protection purchased in the form of a credit derivative as a 
credit risk mitigant under Sec.  __.134, the [BANKING ORGANIZATION] 
must determine the exposure amount of the credit derivative under Sec.  
__.114.
    (A) If the [BANKING ORGANIZATION] purchases credit protection from 
a counterparty the activities of which are limited to those appropriate 
for the specific purpose of

[[Page 15185]]

holding the underlying exposures of a securitization, the [BANKING 
ORGANIZATION] must determine the risk weight for the exposure according 
to Sec.  __.111.
    (B) If the [BANKING ORGANIZATION] purchases credit protection from 
a counterparty the activities of which are limited to those appropriate 
for the specific purpose of holding the underlying exposures of a 
securitization, the [BANKING ORGANIZATION] must determine the risk 
weight for the exposure according to this section.
    (k) Look-through approach. (1) Subject to paragraph (k)(2) of this 
section, a [BANKING ORGANIZATION] may assign a risk weight to a senior 
securitization exposure that is not a resecuritization exposure equal 
to the greater of:
    (i) The weighted-average risk weight, calculated without reference 
to, or use of, the risk weight under Sec.  __.141(b)(3)(iii), of all 
the underlying exposures where the weight for each exposure in the 
weighted-average calculation is determined by the unpaid principal 
amount of the exposure; and
    (ii) 15 percent.
    (2) A [BANKING ORGANIZATION] may assign a risk weight under this 
paragraph (k) only if the [BANKING ORGANIZATION] has knowledge of the 
composition of all of the underlying exposures.
    (l) NPL securitization. Notwithstanding any other provision of this 
subpart except for paragraph (e) of this section:
    (1) If the nonrefundable purchase price discount for the NPL 
securitization is greater than or equal to 50 percent of the 
outstanding balance of the pool of exposures at inception of the 
transaction, the risk weight for a senior securitization exposure to an 
NPL securitization is 100 percent.
    (2) If the [BANKING ORGANIZATION] is an originating [BANKING 
ORGANIZATION] with respect to the NPL securitization, the [BANKING 
ORGANIZATION] may hold risk-based capital against the transferred 
exposures as if they had not been securitized and must deduct from 
common equity tier 1 capital any after-tax gain-on-sale resulting from 
the transaction and any portion of a CEIO that does not constitute an 
after-tax gain-on-sale.
Sec.  __.133 Securitization standardized approach (SEC-SA)
    (a) In general. The risk weight assigned to a securitization 
exposure, or portion of a securitization exposure, is calculated 
according to the following formula:
[GRAPHIC] [TIFF OMITTED] TP27MR26.146


Where:

(1) KA is calculated under paragraph (b) of this section;
(2)A (attachment point) equals the greater of zero and the ratio, 
expressed as a decimal value between zero and one, of the current 
dollar amount of underlying exposures that are subordinated to the 
exposure of the [BANKING ORGANIZATION] to the current dollar amount 
of the underlying exposures, as adjusted in accordance with 
paragraph (a)(6) of this section;
(3) D (detachment point) equals the greater of zero and the sum of 
parameter A and the ratio, expressed as a decimal value between zero 
and one, of the current dollar amount of the securitization 
exposures that are pari passu with the exposure (that is, have equal 
seniority with respect to credit risk) to the current dollar amount 
of the underlying exposures, as adjusted in accordance with 
paragraph (a)(6) of this section;
(4) RWFLOOR equals 100 percent for resecuritization exposures and 
NPL securitization exposures and 15 percent for all other 
securitization exposures; and
(5) KSEC	SA is calculated according to the following formula:
[GRAPHIC] [TIFF OMITTED] TP27MR26.147


Where:

(i) a equals
[GRAPHIC] [TIFF OMITTED] TP27MR26.148

(as kA is defined in this paragraph (a)), where [rho] equals 1.5 for 
a resecuritization exposure and 0.5 for all other securitization 
exposures;
    (ii) m equals D-KA (as D and KA are defined in paragraph (a) of 
this section);
    (iii) l equals max(A-KA, 0) (as A and KA are defined in 
paragraph (a) of this section); and
    (iv) e equals the base of the natural logarithm.

    (6) A [BANKING ORGANIZATION] must include in the calculation of and 
the funded portion of any reserve account funded by the accumulated 
cash flows from the underlying exposures that is subordinated to the 
[BANKING ORGANIZATION]'s securitization exposure. Interest rate 
derivative contracts, exchange rate derivative contracts, and cash 
collateral accounts related to these contracts must not be included in 
the calculation of and . If the securitization exposure includes a 
nonrefundable purchase price discount, the nonrefundable purchase price 
discount must be included in the numerator and denominator of and A and 
D.
    (b) Calculation of KA. KA is calculated under this paragraph (b) 
according to the following formula:

KA = (1 - W) [middot] KG + (W [middot] 0.5)

Where:

(1) W equals the ratio, expressed as a decimal value between zero 
and one, of the sum of the dollar amounts of any underlying 
exposures of the securitization that are not securitization 
exposures and that meet any of the criteria in paragraphs (b)(1)(i) 
through (vii) of this section to the outstanding balance of all 
underlying exposures:
(i) Ninety days or more past due;
(ii) Subject to a bankruptcy or insolvency proceeding;
(iii) In the process of foreclosure;
(iv) Held as real estate owned;
(v) Has contractually deferred payments for 90 days or more, other 
than principal or interest payments deferred on:
(A) Federally guaranteed student loans, in accordance with the terms 
of those guarantee programs; or
(B) Consumer loans, including non-federally-guaranteed student 
loans, provided that such payments are deferred pursuant to 
provisions included in the contract at the time funds are disbursed 
that provide for period(s) of deferral that are not initiated

[[Page 15186]]

based on changes in the creditworthiness of the borrower; or
(vi) Is in default; and
(vii) Notwithstanding paragraphs (1)(i) through (vi) of this 
paragraph, an exposure that is directly and unconditionally 
guaranteed by the U.S. Government, its central bank, or a U.S. 
Government agency may be excluded from the calculation of W up to 
the amount of the guarantee; and
(2) KG equals the weighted average (with unpaid principal used as 
the weight for each credit exposure and fair value used for each 
equity exposure) total capital requirement, expressed as a decimal 
value between zero and one, of the underlying exposures calculated 
using this subpart E (that is, an average risk weight of 100 percent 
represents a value of KG equal to 0.08), as adjusted in accordance 
with this paragraph (b)(2). For purposes of KG, the determination of 
the capital requirement associated with an underlying exposure that 
is an equity exposure cannot use the risk weight under Sec.  
__.141(b)(3)(iii). For interest rate derivative contracts and 
exchange rate derivative contracts, the positive current exposure 
times the risk weight of the counterparty multiplied by 0.08 must be 
included in the numerator of KG but must be excluded from the 
denominator of KG.
Sec.  __.134 Recognition of Credit Risk Mitigants for Securitization 
Exposures
    (a) General. (1) An originating [BANKING ORGANIZATION] that has 
obtained a credit risk mitigant to hedge its exposure to a synthetic or 
traditional securitization that satisfies the operational criteria 
provided in Sec.  __.130 may recognize the credit risk mitigant under 
Sec.  __.120 or Sec.  __.121, but only as provided in this section.
    (2) An investing [BANKING ORGANIZATION] that has obtained a credit 
risk mitigant to hedge a securitization exposure may recognize the 
credit risk mitigant under Sec.  __.120 or Sec.  __.121, but only as 
provided in this section.
    (3) If the recognized credit risk mitigant hedges a portion of the 
[BANKING ORGANIZATION]'s securitization exposure, the [BANKING 
ORGANIZATION] must calculate its capital requirements for the hedged 
and unhedged portions of the exposure separately. For each unhedged 
portion, the [BANKING ORGANIZATION] must calculate capital requirements 
according to Sec.  __.131 and Sec.  __.132. For each hedged portion, 
the [BANKING ORGANIZATION] may recognize the credit risk mitigant under 
Sec.  __.120 or Sec.  __.121, but only as provided in this section.
    (4) When a [BANKING ORGANIZATION] purchases or sells credit 
protection on a portion of a senior tranche, the lower-priority 
portion, whether hedged or unhedged, must be considered a non-senior 
securitization exposure.
    (b) Mismatches. A [BANKING ORGANIZATION] must make any applicable 
adjustment to the protection amount as required in Sec. Sec.  __.120 or 
__.121 for any hedged securitization exposure. In the context of a 
synthetic securitization, when a credit risk mitigant described in 
Sec.  __.130(b)(1)(ii) through (iv) covers multiple hedged exposures 
that have different residual maturities, the [BANKING ORGANIZATION] 
must use the longest residual maturity of any of the hedged exposures 
as the residual maturity of all hedged exposures.
Risk-Weighted Assets for Equity Exposures
Sec.  __.140 Introduction and Exposure Measurement
    (a) General. (1) Calculation of risk-weighted asset amounts. To 
calculate its risk-weighted asset amounts for equity exposures that are 
not equity exposures in investment funds, a [BANKING ORGANIZATION] must 
use the approach provided in Sec.  __.141. A [BANKING ORGANIZATION] 
must use the approaches provided in Sec.  __.142 to calculate its risk-
weighted asset amounts for other equity exposures as provided in Sec.  
__.142.
    (2) Separate accounts. A [BANKING ORGANIZATION] must treat an 
investment in a separate account (as defined in Sec.  __.2) as if it 
were an equity exposure subject to Sec.  __.142.
    (3) Stable value protection--(i) Stable value protection means a 
contract where the provider of the contract is obligated to pay:
    (A) The policy owner of a separate account an amount equal to the 
shortfall between the fair value and cost basis of the separate account 
when the policy owner of the separate account surrenders the policy; or
    (B) The beneficiary of the contract an amount equal to the 
shortfall between the fair value and book value of a specified 
portfolio of assets.
    (ii) A [BANKING ORGANIZATION] that purchases stable value 
protection on its investment in a separate account must treat the 
portion of the carrying value of its investment in the separate account 
attributable to the stable value protection as an exposure to the 
provider of the protection and the remaining portion of the carrying 
value of its separate account as an equity exposure subject to Sec.  
__.142.
    (iii) A [BANKING ORGANIZATION] that provides stable value 
protection must treat the exposure as an equity derivative with an 
adjusted carrying value determined as the sum of paragraphs (b)(1) and 
(2) of this section.
    (b) Adjusted carrying value. For purposes of Sec. Sec.  __.140 
through __.142, the adjusted carrying value of an equity exposure is:
    (1) For the on-balance sheet component of an equity exposure, the 
[BANKING ORGANIZATION]'s carrying value of the exposure;
    (2) For the off-balance sheet component of an equity exposure that 
is not an equity commitment, the effective notional principal amount of 
the exposure, the size of which is equivalent to a hypothetical on-
balance sheet position in the underlying equity instrument that would 
evidence the same change in fair value (measured in dollars) given a 
small change in the price of the underlying equity instrument, minus 
the adjusted carrying value of the on-balance sheet component of the 
exposure as calculated in paragraph (b)(1) of this section; and
    (3) For a commitment to acquire an equity exposure (an equity 
commitment), the effective notional principal amount of the exposure is 
multiplied by the following conversion factors (CFs):
    (i) Conditional equity commitments receive a 40 percent conversion 
factor.
    (ii) Unconditional equity commitments receive a 100 percent 
conversion factor.
Sec.  __.141 Simple Risk-Weight Approach (SRWA)
    (a) General. A [BANKING ORGANIZATION]'s total risk-weighted assets 
for equity exposures equals the sum of the risk-weighted asset amounts 
for each of the [BANKING ORGANIZATION]'s equity exposures that are not 
equity exposures subject to Sec.  __.142, as determined under this 
section, and the risk-weighted asset amounts for each of the [BANKING 
ORGANIZATION]'s equity exposures subject to Sec.  __.142, as determined 
under Sec.  __.142.
    (b) Computation for individual equity exposures. A [BANKING 
ORGANIZATION] must determine the risk-weighted asset amount for an 
equity exposure that is not an equity exposure subject to Sec.  __.142 
by multiplying the adjusted carrying value of the exposure or the 
effective portion and ineffective portion of a hedge pair (as defined 
in paragraph (c) of this section) by the lowest applicable risk weight 
in this paragraph (b).
    (1) Zero percent risk weight equity exposures. An equity exposure 
to a

[[Page 15187]]

sovereign, a specified supranational entity, an MDB, and any other 
entity whose credit exposures receive a zero percent risk weight under 
Sec.  __.111 may be assigned a zero percent risk weight.
    (2) 20 percent risk weight equity exposures. An equity exposure to 
a PSE, Federal Home Loan Bank, or the Federal Agricultural Mortgage 
Corporation (Farmer Mac) must be assigned a 20 percent risk weight.
    (3) 100 percent risk weight. The equity exposures set forth in this 
paragraph (b)(3) must be assigned a 100 percent risk weight:
    (i) An equity exposure that qualifies as a community development 
investment under section 24 (Eleventh) of the National Bank Act, 
excluding equity exposures to an unconsolidated small business 
investment company and equity exposures held through a consolidated 
small business investment company described in section 302 of the Small 
Business Investment Act.
    (ii) The effective portion of a hedge pair; and
    (iii) Equity exposures, excluding significant investments in the 
capital of an unconsolidated institution in the form of common stock 
and exposures to an investment firm that would meet the definition of a 
traditional securitization were it not for the [AGENCY]'s application 
of paragraph (8) of that definition in Sec.  __.2 and has greater than 
immaterial leverage, to the extent that the aggregate adjusted carrying 
value of the exposures does not exceed 10 percent of the [BANKING 
ORGANIZATION]'s total capital.
    (A) To compute the aggregate adjusted carrying value of a [BANKING 
ORGANIZATION]'s equity exposures for purposes of this section, the 
[BANKING ORGANIZATION] may exclude equity exposures described in 
(b)(1), (2), (3)(i), (3)(ii), and (3)(iii) of this section, the equity 
exposure in a hedge pair with the smaller adjusted carrying value, and 
a proportion of each equity exposure to an investment fund equal to the 
proportion of the assets of the investment fund that are not equity 
exposures or that meet the criterion of paragraph (b)(3)(i) of this 
section. If a [BANKING ORGANIZATION] does not know the actual holdings 
of the investment fund, the [BANKING ORGANIZATION] may calculate the 
proportion of the assets of the fund that are not equity exposures 
based on the terms of the prospectus, partnership agreement, or similar 
contract that defines the fund's permissible investments. If the sum of 
the investment limits for all exposure classes within the fund exceeds 
100 percent, the [BANKING ORGANIZATION] must assume for purposes of 
this section that the investment fund invests to the maximum extent 
possible in equity exposures.
    (B) When determining which of a [BANKING ORGANIZATION]'s equity 
exposures qualifies for a 100 percent risk weight under this section, a 
[BANKING ORGANIZATION] first must include equity exposures to 
unconsolidated small business investment companies or held through 
consolidated small business investment companies described in section 
302 of the Small Business Investment Act, then must include publicly 
traded equity exposures (including those held indirectly through 
investment funds), and then must include non-publicly traded equity 
exposures (including those held indirectly through investment funds).
    (4) 250 percent risk weight. Significant investments in the capital 
of unconsolidated financial institutions in the form of common stock 
that are not deducted from capital pursuant to Sec.  __.22(d)(2) must 
be assigned a 250 percent risk weight.
    (5) 300 percent risk weight. An equity exposure that is publicly 
traded (other than an equity exposure described in paragraph (b)(7) of 
this section and including the ineffective portion of a hedge pair) 
must be assigned a 300 percent risk weight.
    (6) 400 percent risk weight. An equity exposure that is not 
publicly traded and is not described in paragraph (b)(7) of this 
section must be assigned a 400 percent risk weight.
    (7) 600 percent risk weight. An equity exposure to an investment 
firm must be assigned a 600 percent risk weight, provided that the 
investment firm:
    (i) Would meet the definition of a traditional securitization were 
it not for the application of paragraph (8) of that definition; and
    (ii) Has greater than immaterial leverage.
    (c) Hedge transactions--
    (1) Hedge pair. A hedge pair comprises two equity exposures that 
form an effective hedge so long as each equity exposure is publicly 
traded or has a return that is primarily based on a publicly traded 
equity exposure.
    (2) Effective hedge. Two equity exposures form an effective hedge 
if the exposures either have the same remaining maturity or each has a 
remaining maturity of at least three months; the hedge relationship is 
formally documented in a prospective manner (that is, before the 
[BANKING ORGANIZATION] acquires at least one of the equity exposures); 
the documentation specifies the measure of effectiveness (E) the 
[BANKING ORGANIZATION] will use for the hedge relationship throughout 
the life of the transaction; and the hedge relationship has an E 
greater than or equal to 0.8. A [BANKING ORGANIZATION] must measure E 
at least quarterly and must use one of three alternative measures of E 
as set forth in this paragraph (c)(2).
    (i) Under the dollar-offset method of measuring effectiveness, the 
[BANKING ORGANIZATION] must determine the ratio of value change (RVC). 
The RVC is the ratio of the cumulative sum of the changes in value of 
one equity exposure to the cumulative sum of the changes in the value 
of the other equity exposure. If RVC is positive, the hedge is not 
effective and E equals 0. If RVC is negative and greater than or equal 
to -1 (that is, between zero and -1), then E equals the absolute value 
of RVC. If RVC is negative and less than -1, then E equals 2 plus RVC.
    (ii) Under the variability-reduction method of measuring 
effectiveness:
[GRAPHIC] [TIFF OMITTED] TP27MR26.149


Where:

(A) Xt = At - Bt
(B) At = the value at time t of one exposure in a hedge pair;
(C) Bt = the value at time t of the other exposure in a hedge pair;
(iii) Under the regression method of measuring effectiveness, E 
equals the coefficient of determination of a regression in which the 
change in value of one exposure in a hedge pair is the dependent 
variable and the change in value of the other exposure in a hedge 
pair is the independent variable. However, if the estimated 
regression coefficient is positive, then E equals zero.

    (3) The effective portion of a hedge pair is E multiplied by the 
greater of the adjusted carrying values of the equity exposures forming 
a hedge pair.
    (4) The ineffective portion of a hedge pair is (1-E) multiplied by 
the greater of the adjusted carrying values of the equity exposures 
forming a hedge pair.
Sec.  __.142 Equity Exposures to Investment Funds
    (a) Available approaches.
    (1) Unless the exposure meets the requirements for a community 
development equity exposure in Sec.  __.141(b)(3)(i), a [BANKING 
ORGANIZATION] must determine the risk-weighted asset amount of an 
equity exposure to an investment fund under the full look-through 
approach

[[Page 15188]]

described in paragraph (b) of this section, the simple look-through 
approach described in paragraph (c), or the alterative modified look-
through approach described in paragraph (d) of this section, provided, 
however, that the minimum risk weight that may be assigned to an equity 
exposure under this section is 20 percent.
    (2) The risk-weighted asset amount of an equity exposure to an 
investment fund that meets the requirements for a community development 
equity exposure in Sec.  __.141(b)(3)(i) is its adjusted carrying 
value.
    (3) If an equity exposure to an investment fund is part of a hedge 
pair and the [BANKING ORGANIZATION] does not use the full look-through 
approach, the [BANKING ORGANIZATION] must use the ineffective portion 
of the hedge pair as determined under Sec.  __.141(b)(4)(i) as the 
adjusted carrying value for the equity exposure to the investment fund. 
The risk-weighted asset amount of the effective portion of the hedge 
pair is equal to its adjusted carrying value.
    (b) Full look-through approach. A [BANKING ORGANIZATION] that is 
able to calculate a risk-weighted asset amount for its proportional 
ownership share of each exposure held by the investment fund (as 
calculated under this subpart E of this part as if the proportional 
ownership share of each exposure were held directly by the [BANKING 
ORGANIZATION]) may set the risk-weighted asset amount of the [BANKING 
ORGANIZATION]'s exposure to the fund equal to the product of:
    (1) The aggregate risk-weighted asset amounts of the exposures held 
by the fund as if they were held directly by the [BANKING 
ORGANIZATION]; and
    (2) The [BANKING ORGANIZATION]'s proportional ownership share of 
the fund.
    (c) Simple modified look-through approach. Under the simple 
modified look-through approach, the risk-weighted asset amount for a 
[BANKING ORGANIZATION]'s equity exposure to an investment fund equals 
the adjusted carrying value of the equity exposure multiplied by the 
highest risk weight that applies to any exposure the fund is permitted 
to hold under its prospectus, partnership agreement, or similar 
contract that defines the fund's permissible investments (excluding 
derivative contracts that are used for hedging rather than speculative 
purposes and that do not constitute a material portion of the fund's 
exposures).
    (d) Alternative modified look-through approach. Under the 
alternative modified look-through approach, a [BANKING ORGANIZATION] 
may assign the adjusted carrying value of an equity exposure to an 
investment fund on a pro rata basis to different risk weight categories 
under this subpart based on the investment limits in the fund's 
prospectus, partnership agreement, or similar contract that defines the 
fund's permissible investments. The risk-weighted asset amount for the 
[BANKING ORGANIZATION]'s equity exposure to the investment fund equals 
the sum of each portion of the adjusted carrying value assigned to an 
exposure type multiplied by the applicable risk weight under this 
subpart. If the sum of the investment limits for all exposure types 
within the fund exceeds 100 percent, the [BANKING ORGANIZATION] must 
assume that the fund invests to the maximum extent permitted under its 
investment limits in the exposure type with the highest applicable risk 
weight under this subpart and continues to make investments in order of 
the exposure type with the next highest risk weight under this subpart 
until the maximum total investment level is reached. If more than one 
exposure type applies to an exposure, the [BANKING ORGANIZATION] must 
use the highest applicable risk weight. A [BANKING ORGANIZATION] may 
exclude derivative contracts held by the fund that are used for hedging 
rather than for speculative purposes and do not constitute a material 
portion of the fund's exposures.
Risk-Weighted Assets for Operational Risk
Sec.  __.150 Operational Risk Capital
    (a) Risk-weighted assets for operational risk. Risk-weighted assets 
for operational risk equals the product of the business indicator 
component, as calculated pursuant to paragraph (b) of this section, 
multiplied by 12.5.
    (b) Business indicator component. A [BANKING ORGANIZATION]'s 
business indicator component is calculated as follows:
    (1) If the [BANKING ORGANIZATION]'s business indicator is less than 
or equal to $1 billion, as adjusted pursuant to Sec.  __.4, the 
business indicator component equals the product of the business 
indicator and 0.12.
    (2) If the [BANKING ORGANIZATION]'s business indicator is greater 
than $1 billion, as adjusted pursuant to Sec.  __.4, and less than or 
equal to $30 billion, as adjusted pursuant to Sec.  __.4, the business 
indicator component equals $120 million, as adjusted pursuant to Sec.  
__.4, plus the product of:
    (i) The business indicator less $1 billion, as adjusted pursuant to 
Sec.  __.4; and
    (ii) 0.15.
    (3) If the [BANKING ORGANIZATION]'s business indicator is greater 
than $30 billion, as adjusted pursuant to Sec.  __.4, the business 
indicator component equals $4.47 billion, as adjusted pursuant to Sec.  
__.4 plus the product of:
    (i) The business indicator less $30 billion, as adjusted pursuant 
to Sec.  __.4; and
    (ii) 0.18.
    (c) Business indicator.
    (1) A [BANKING ORGANIZATION]'s business indicator equals the sum of 
the interest, lease, and dividend component and the noninterest 
component.
    (i) The interest, lease, and dividend component is calculated using 
the following formula:
    Interest, lease, and dividend component = min(Avg3y(Abs(total 
interest income-total interest expense)), 0.0225*Avg3y(interest earning 
assets)) + Avg3y(dividend income)
    where Avg3y refers to the three-year average of the expression in 
parenthesis; Abs refers to the absolute value of the expression in 
parenthesis; and total interest income, total interest expense, 
interest earning assets, and dividend income are the amounts determined 
in accordance with paragraph (c)(2) of this section.
    (ii) The noninterest component is calculated using the following 
formula:

Noninterest component = Avg3y(Abs(total noninterest income + realized 
gains (losses) on held-to-maturity securities + realized gains (losses) 
on available-for-sale debt securities--noninterest expense for BI-
0.7*(total noninterest income from investment management, investment 
services, and non-lending treasury services--noninterest expense for BI 
from investment management, investment services, and non-lending 
treasury services)) + total operational losses)

where Avg3y refers to the three-year average of the expression in 
parenthesis; Abs refers to the absolute value of the expression in 
parenthesis; and total noninterest income, realized gains (losses) on 
held-to-maturity securities, realized gains (losses) on available-for-
sale debt securities, noninterest expense for BI, total noninterest 
income from investment management, investment services, and non-lending 
treasury

[[Page 15189]]

services, noninterest expense for BI from investment management, 
investment services, and non-lending treasury services, and total 
operational losses are the amounts determined in accordance with 
paragraph (c)(2) of this section.
    (2) For purposes of paragraph (c)(1) of this section, to calculate 
the three-year average of the Abs(total interest income-total interest 
expense), dividend income, Abs(total noninterest income + realized 
gains (losses) on held-to-maturity securities + realized gains (losses) 
on available-for-sale debt securities-noninterest expense for BI-
0.7*(total noninterest income from investment management, investment 
services, and non-lending treasury services-noninterest expense for BI 
from investment management, investment services, and non-lending 
treasury services)), and total operational losses, a [BANKING 
ORGANIZATION] must calculate the average of the values of each of these 
items for each of the three most recent preceding four-calendar-quarter 
periods. The total operational losses for a four-calendar quarter 
period equals the sum of all operational losses for each quarter in 
that period. To calculate the three-year average of interest-earning 
assets, a [BANKING ORGANIZATION] must divide by 12 the sum of the 
quarter-end values of interest-earning assets over each of the previous 
12 quarters. For purposes of the calculations in this paragraph, the 
amounts used must be based on the consolidated financial statements of 
the [BANKING ORGANIZATION].
    (3) For purposes of paragraph (c)(1) of this section, a [BANKING 
ORGANIZATION] must exclude loss provisions and reversals of provisions, 
except for those relating to operational loss events, from the 
calculation of the business indicator.
    (4) For purposes of paragraph (c)(1) of this section, a [BANKING 
ORGANIZATION] must reflect three full years of data for entities that 
were acquired by or merged with the [BANKING ORGANIZATION], including 
for any period prior to the acquisition or merger, in the [BANKING 
ORGANIZATION]'s business indicator.
    (5) With the prior approval of the [AGENCY], a [BANKING 
ORGANIZATION] may exclude from the calculation of its business 
indicator any interest income, interest expense, dividend income, 
interest-earning assets, noninterest income, realized gains (losses) on 
held-to-maturity securities, realized gains (losses) on available-for-
sale debt securities, noninterest expense for BI, noninterest income 
from investment management, investment services, and non-lending 
treasury services, noninterest expense for BI from investment 
management, investment services, and non-lending treasury services, and 
operational losses associated with an activity if the [BANKING 
ORGANIZATION] has ceased to directly or indirectly conduct the 
activity. Approval by the [AGENCY] requires a demonstration that the 
activity does not carry legacy legal exposure.
    (d) Operational risk management and operational loss event data 
collection processes.
    (1) A [BANKING ORGANIZATION] must:
    (i) Have an operational risk management function that:
    (A) Is independent of business line management; and
    (B) Is responsible for designing, implementing, and overseeing the 
[BANKING ORGANIZATION]'s internal loss event data collection processes 
as specified in paragraph (d)(2) of this section and for overseeing the 
processes that implement paragraph (d)(1)(ii);
    (ii) Report operational loss events and other relevant operational 
risk information to business unit management, senior management, and 
the board of directors (or a designated committee of the board).
    (2) A [BANKING ORGANIZATION] must have operational loss event data 
collection processes that meet the following requirements:
    (i) The processes must produce operational loss event data that 
satisfies the following criteria:
    (A) Operational loss event data must be comprehensive and capture 
all operational loss events that resulted in operational losses equal 
to or higher than $20,000, as adjusted pursuant to Sec.  __.4, (before 
any recoveries are taken into account) from all activities and 
exposures of the [BANKING ORGANIZATION];
    (B) Operational loss event data must include operational loss event 
data relative to entities that have been acquired by or merged with the 
[BANKING ORGANIZATION] for ten full years, including for any period 
prior to the acquisition or merger during the ten-year period; and
    (C) Operational loss event data must include gross operational loss 
amounts, recovery amounts, the date when the event occurred or began 
(occurrence date), the date when the [BANKING ORGANIZATION] became 
aware of the event (discovery date), and the date (or dates) when 
losses or recoveries related to the event were recognized in the 
[BANKING ORGANIZATION]'s profit and loss accounts (accounting date). 
The [BANKING ORGANIZATION] must be able to map its operational loss 
event data into the seven operational loss event type categories. In 
addition, the [BANKING ORGANIZATION] must collect descriptive 
information about the drivers of operational loss events.
    (ii) Procedures for the identification and collection of internal 
loss event data must be documented.
    (iii) The [BANKING ORGANIZATION] must have processes to 
independently review the comprehensiveness and accuracy of operational 
loss event data.
    (iv) The [BANKING ORGANIZATION] must subject the procedures in 
paragraph (d)(2)(ii) of this section and the processes in (d)(2)(iii) 
of this section to regular independent reviews by internal or external 
audit functions.
Disclosures
Sec.  __.160 Purpose and Scope
    Sections __.160 through __.162 establish public disclosure 
requirements related to the capital requirements for a [BANKING 
ORGANIZATION] that calculates expanded total risk-weighted assets 
pursuant to this subpart E, unless the [BANKING ORGANIZATION] is a 
consolidated subsidiary of a bank holding company, savings and loan 
holding company, or depository institution that is subject to these 
disclosure requirements, or a subsidiary of a non-U.S. banking 
organization that is subject to comparable public disclosure 
requirements in its home jurisdiction.
Sec.  __.161 Disclosure Requirements
    (a) A [BANKING ORGANIZATION] described in Sec.  __.160 must provide 
timely public disclosures each calendar quarter of the information in 
the applicable tables in Sec.  __.162, except as provided in paragraph 
(d) of this section. If a significant change occurs to the information 
required to be reported in the applicable tables in Sec.  __.162 or to 
the [BANKING ORGANIZATION]'s financial condition as reported on the 
Call Report, for a bank; FR Y-9C, for a bank holding company or savings 
and loan holding company; or FFIEC 101, as applicable, then a brief 
discussion of this change and its likely impact must be disclosed as 
soon as practicable thereafter. Qualitative disclosures that typically 
do not change each quarter (for example, a general summary of the 
[BANKING ORGANIZATION]'s risk management objectives and policies, 
reporting system, and definitions) may be disclosed annually after the 
end of the fourth calendar quarter, provided

[[Page 15190]]

that any significant changes are disclosed in the interim. The [BANKING 
ORGANIZATION]'s management may provide all of the disclosures required 
by Sec.  __.162 in one place on the [BANKING ORGANIZATION]'s public 
website or may provide the disclosures in more than one public 
financial report or other regulatory report. If the [BANKING 
ORGANIZATION] does not provide all of the disclosures as required by 
Sec.  __.162 in one place on the [BANKING ORGANIZATION]'s public 
website, the [BANKING ORGANIZATION] must provide a summary table 
specifically indicating the location(s) of all such disclosures on the 
[BANKING ORGANIZATION]'s public website.
    (b) A [BANKING ORGANIZATION] described in Sec.  __.160 must have a 
formal disclosure policy approved by the board of directors that 
addresses its approach for determining the disclosures it makes. The 
policy must address the associated internal controls and disclosure 
controls and procedures. The board of directors and senior management 
are responsible for establishing and maintaining an effective internal 
control structure over financial reporting, including the disclosures 
required by this subpart, and must ensure that appropriate review of 
the disclosures takes place. One or more senior officers of the 
[BANKING ORGANIZATION] must attest that the disclosures meet the 
requirements of this subpart.
    (c) If a [BANKING ORGANIZATION] described in Sec.  __.160 
reasonably concludes that specific commercial or financial information 
that it would otherwise be required to disclose under this section 
would be exempt from disclosure by the [AGENCY] under the Freedom of 
Information Act (5 U.S.C. 552), then the [BANKING ORGANIZATION] is not 
required to disclose that specific information pursuant to this 
section. However, the [BANKING ORGANIZATION] must disclose more general 
information about the subject matter of the requirement, together with 
the fact that, and the reason why, the specific items of information 
have not been disclosed.
    (d) A [BANKING ORGANIZATION] described in Sec.  __.160 is required 
to make the disclosures in Table 4 of Sec.  __.162 only if the [BANKING 
ORGANIZATION] is subject to Sec.  __.11(b).
Sec.  __.162 Disclosures by [BANKING ORGANIZATION] Described in Sec.  
__.160
    (a) General disclosures. Except as provided in Sec.  __.161, a 
[BANKING ORGANIZATION] described in Sec.  __.160 must make the 
disclosures described in Tables 1 through 13 to Sec.  __.162. The 
[BANKING ORGANIZATION] must make these disclosures publicly available 
for each of the last twelve quarters, or such shorter period beginning 
in the quarter in which the [BANKING ORGANIZATION] becomes subject to 
subpart E of this part.
BILLING CODE 4810-33-6210-01-6714-01-P

Table 1 to Sec.  __.162--Scope of Application
[GRAPHIC] [TIFF OMITTED] TP27MR26.150

[GRAPHIC] [TIFF OMITTED] TP27MR26.151


[[Page 15191]]


[GRAPHIC] [TIFF OMITTED] TP27MR26.152

[GRAPHIC] [TIFF OMITTED] TP27MR26.153

    (b) Risk management-related disclosure requirements. (1) The 
[BANKING ORGANIZATION] must describe its risk management objectives and 
policies for the organization overall, in particular:
    (i) How the business model determines and interacts with the 
overall risk profile (for example, the key risks related to the 
business model and how each of these risks is reflected and described 
in the risk disclosures) and how this risk profile aligns with the 
parameters of the risk tolerance approved by the [BANKING 
ORGANIZATION]'s board of directors;
    (ii) The risk governance structure, including: responsibilities 
attributed throughout the [BANKING ORGANIZATION] (for example, 
oversight and delegation of authority; breakdown of responsibilities by 
type of risk, business unit, etc.); and relationships between the 
structures involved in risk management processes (for example, board of 
directors, executive management, separate risk committee, risk 
management structure, compliance function, internal audit function);
    (iii) Channels to communicate, define, and enforce the risk culture 
within the [BANKING ORGANIZATION] (for example, code of conduct; 
manuals containing operating limits or procedures to treat violations 
or breaches of risk thresholds; procedures to raise and share risk 
issues between business lines and risk functions);
    (iv) The scope and nature of risk reporting and/or measurement 
systems;
    (v) Description of the process of risk information reporting 
provided to the board and senior management, in particular the scope 
and main content of reporting on risk exposure;
    (vi) Qualitative information on stress testing (for example, 
portfolios subject to stress testing, scenarios adopted and 
methodologies used, and use of stress testing in risk management); and
    (vii) The strategies and processes to manage, hedge, and mitigate 
risks that arise from the [BANKING ORGANIZATION]'s business model, and 
the processes for monitoring the continuing effectiveness of hedges and 
mitigants.
    (2) For each separate risk area that is the subject of Tables 5 
through 13 to Sec.  __.162, the [BANKING ORGANIZATION] must describe 
its risk management objectives and policies, including:
    (i) The strategies and processes;
    (ii) The structure and organization of the relevant risk management 
function;
    (iii) The scope and nature of risk reporting and/or measurement 
systems; and
    (iv) Policies for hedging and/or mitigating risk and strategies and 
processes for monitoring the continuing effectiveness of hedges/
mitigants.


[[Page 15192]]


[GRAPHIC] [TIFF OMITTED] TP27MR26.154


[[Page 15193]]


[GRAPHIC] [TIFF OMITTED] TP27MR26.155

[GRAPHIC] [TIFF OMITTED] TP27MR26.156


[[Page 15194]]


[GRAPHIC] [TIFF OMITTED] TP27MR26.157


[[Page 15195]]


[GRAPHIC] [TIFF OMITTED] TP27MR26.158

[GRAPHIC] [TIFF OMITTED] TP27MR26.159

[GRAPHIC] [TIFF OMITTED] TP27MR26.160


[[Page 15196]]


[GRAPHIC] [TIFF OMITTED] TP27MR26.161

[GRAPHIC] [TIFF OMITTED] TP27MR26.162

    (c) Regulatory capital instrument and other instruments eligible 
for total loss absorbing capacity (TLAC) disclosures. (1) A [BANKING 
ORGANIZATION] described in Sec.  __.160 must provide a description of 
the main features of its regulatory capital instruments, in accordance 
with Table 13 to Sec.  __.162. If the [BANKING ORGANIZATION] issues or 
repays a capital instrument, or in the event of a redemption, 
conversion, write down, or other material change in the nature of an 
existing instrument, but in no event less frequently than semiannually, 
the [BANKING ORGANIZATION] must update the disclosures provided in 
accordance with Table 13 of this section. A [BANKING ORGANIZATION] also 
must disclose the full terms and conditions of all instruments included 
in regulatory capital.
    (2) In addition to the disclosure requirement in Sec.  
__.162(c)(1), a [BANKING ORGANIZATION] that is a global systemically 
important BHC also must provide a description of the main features of 
each eligible debt security, as defined in 12 CFR 252.61, that the 
[BANKING ORGANIZATION] has issued and outstanding, in accordance with 
Table 13 to Sec.  __.162. If the global systemically important BHC 
issues or repays an eligible debt security, or in the event of a 
redemption, conversion, write down, or other material change in the 
nature of an existing instrument, but in no event less frequently than 
semiannually, the global systemically important BHC must update the 
disclosures provided in accordance with Table 13 to Sec.  __.162. A 
global systemically important BHC also must disclose the full terms and 
conditions of all eligible debt securities.

[[Page 15197]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.163


[[Page 15198]]


[GRAPHIC] [TIFF OMITTED] TP27MR26.164

Subpart F--Risk-Weighted Assets--Market Risk and Credit Valuation 
Adjustment (CVA)

Sec.  __.201 Purpose, Applicability, and Reservations of Authority.
    (a) Purpose. This subpart establishes risk-based capital 
requirements in a manner that:
    (1) For [BANKING ORGANIZATIONS] with significant exposure to market 
risk, provides methods for these [BANKING ORGANIZATIONS] to calculate 
their standardized measure for market risk and, if applicable, their 
models-based measure for market risk, and establishes public disclosure 
requirements; and
    (2) For [BANKING ORGANIZATIONS] with significant exposure to CVA 
risk, provides methods for these [BANKING ORGANIZATIONS] to calculate 
their basic measure for CVA risk and, if applicable, their standardized 
measure for CVA risk, and establishes public disclosure requirements.
    (b) Applicability--(1) Market risk. The market risk capital 
requirements and related reporting and public disclosure requirements 
specified in Sec. Sec.  __.203 through __.217 apply to a [BANKING 
ORGANIZATION] that meets one or more of the standards in this paragraph 
(b)(1):
    (i) The [BANKING ORGANIZATION] is a depository institution holding 
company that is either a Category I [BANKING ORGANIZATION] or a 
Category II [BANKING ORGANIZATION]; or
    (ii) The [BANKING ORGANIZATION] has aggregate trading assets and 
trading liabilities, excluding customer and proprietary broker-dealer 
reserve bank accounts, equal to:
    (A) 10 percent or more of quarter-end total assets as reported on 
the most recent quarterly [REGULATORY REPORT]; or
    (B) $5 billion, [as adjusted pursuant to Sec.  __.4], or more, on 
average for the four most recent quarters as reported in the [BANKING 
ORGANIZATION]'s [REGULATORY REPORT]s.
    (2) CVA risk. The CVA risk-based capital requirements specified in 
Sec. Sec.  __.220 through __.225 and related reporting and public 
disclosure requirements specified in Sec.  __.217 apply to any [BANKING 
ORGANIZATION] that is:
    (i) A depository institution holding company that is a Category I 
[BANKING ORGANIZATION] or a Category II [BANKING ORGANIZATION];
    (ii) A depository institution subsidiary of an institution 
described in paragraph (b)(2)(i) of this section where such subsidiary 
is subject to the market risk framework pursuant to Sec.  __.201(b)(1); 
or
    (iii) A [BANKING ORGANIZATION] that is subject to the market risk 
framework pursuant to Sec.  __.201(b)(1) and engages in OTC derivative 
contracts with an aggregate gross notional value, as reported on the 
[BANKING ORGANIZATION]'s [REGULATORY REPORT]s of $1 trillion[, as 
adjusted pursuant to 12 CFR 217.4,] or more on average for the prior 
four quarters.
    (3) Initial applicability. A [BANKING ORGANIZATION] must satisfy 
the requirements of this subpart beginning [on the first day of] the 
quarter after a [BANKING ORGANIZATION] meets the criteria of paragraph 
(b)(1) or (b)(2) of this section, as applicable.
    (4) Monitoring of trading assets and liabilities. A [BANKING 
ORGANIZATION] must monitor (i) its aggregate trading assets and trading 
liabilities to determine the applicability of this subpart F in 
accordance with paragraph (b)(1) of this section; and (ii) the 
aggregate gross notional value of the OTC derivative contracts the 
[BANKING ORGANIZATION] engages in to determine the applicability of 
this subpart F in accordance with paragraph (b)(2) of this section.
    (5) Ongoing applicability. (i) A [BANKING ORGANIZATION] that is 
subject to the market risk capital requirements and related reporting 
and public disclosure requirements of this subpart F shall remain 
subject to those requirements unless and until it does not meet any of 
the standards in paragraph (b)(1) of this section, applying the 
adjusted thresholds specified in paragraph (b)(1)(ii)(B) of this 
section effective on the date of comparison.

[[Page 15199]]

    (ii) A [BANKING ORGANIZATION] that is subject to the CVA risk-based 
capital requirements and related reporting and public disclosure 
requirements of this subpart F shall remain subject to those 
requirements unless and until it does not meet any of the standards in 
paragraph (b)(2) of this section, applying the adjusted thresholds 
specified in paragraph (b)(2)(iii) of this section effective on the 
date of comparison.
    (6) Exclusions. The [AGENCY] may exclude a [BANKING ORGANIZATION] 
that meets one or more of the standards of paragraph (b)(1) of this 
section or in paragraph (b)(2) of this section from application of 
Sec. Sec.  __.203 through __.217 or Sec. Sec.  __.220 through __.225 if 
the [AGENCY] determines that the exclusion is appropriate based on the 
level of market risk or level of CVA risk, respectively, of the 
[BANKING ORGANIZATION] and is consistent with safe and sound banking 
practices.
    (7) Data availability. A [BANKING ORGANIZATION] that does not have 
four quarters of aggregate data on trading assets and trading 
liabilities (excluding customer and proprietary broker-dealer reserve 
bank accounts) or gross notional value of OTC derivatives must 
calculate the average in paragraph (b)(1)(ii) or paragraph (b)(2)(iii) 
of this section, respectively, by averaging as much data as the 
[BANKING ORGANIZATION] has available, unless the [AGENCY] notifies the 
[BANKING ORGANIZATION] in writing to use an alternative method.
    (c) Reservations of authority. (1) The [AGENCY] may apply 
Sec. Sec.  __.203 through __.217 or Sec. Sec.  __.220 through __.225 to 
any [BANKING ORGANIZATION] if the [AGENCY] deems it necessary or 
appropriate because of the level of market risk or CVA risk, 
respectively, of the [BANKING ORGANIZATION] or to ensure safe and sound 
banking practices.
    (2) The [AGENCY] may require a [BANKING ORGANIZATION] to hold an 
amount of capital greater than otherwise required under this subpart F 
if the [AGENCY] determines that the [BANKING ORGANIZATION]'s capital 
requirement for market risk or CVA risk as calculated under this 
subpart F is not commensurate with the market risk or the CVA risk of 
the [BANKING ORGANIZATION]'s market risk covered positions or CVA risk 
covered positions, respectively.
    (3) If the [AGENCY] determines that the risk-based capital 
requirement calculated under this subpart F by the [BANKING 
ORGANIZATION] for one or more market risk covered positions or CVA risk 
covered positions or categories of such positions is not commensurate 
with the risks associated with those market risk covered positions or 
CVA risk covered positions or categories of such positions, the 
[AGENCY] may require the [BANKING ORGANIZATION] to assign a different 
risk-based capital requirement to the market risk covered positions or 
CVA risk covered positions or categories of such positions that more 
accurately reflects the risk of the market risk covered positions or 
CVA risk covered positions or categories of such positions.
    (4) The [AGENCY] may also require a [BANKING ORGANIZATION] to 
calculate market risk capital requirements for specific positions or 
categories of positions under this subpart F instead of risk-based 
capital requirements under subpart D or subpart E of this part, as 
applicable; or to calculate risk-based capital requirements for 
specific exposures or categories of exposures under subpart D or 
subpart E of this part, as applicable, instead of market risk capital 
requirements under this subpart F, as appropriate, to more accurately 
reflect the risks of the positions or exposures. In such cases, the 
[AGENCY] may alternatively require a [BANKING ORGANIZATION] to apply 
the capital add-ons for re-designations as described in Sec.  
__.204(f).
    (5) The [AGENCY] may require a [BANKING ORGANIZATION] that 
calculates the models-based measure for market risk to modify the 
methodology or observation period used to measure market risk.
    (d) In making determinations under paragraphs (b)(6), (b)(7), and 
(c)(1) through (5) of this section, the [AGENCY] will apply notice and 
response procedures generally in the same manner as the notice and 
response procedures set forth in [12 CFR 3.404, 263.202, and 324.5(c)]. 
Nothing in this subpart F limits the authority of the [AGENCY] under 
any other provision of law or regulation to take supervisory or 
enforcement action, including action to address unsafe or unsound 
practices or conditions, deficient capital levels, or violations of 
law.
Sec.  __.202 Definitions
    (a) Terms set forth in Sec.  __.2 and used in this subpart F have 
the definitions assigned thereto in Sec.  __.2.
    (b) For the purposes of this subpart F, the following terms are 
defined as follows:
    Actual profit and loss means the actual profit and loss derived 
from the daily trading activity for market risk covered positions. 
Intraday trading and net interest income must be included; valuation 
adjustments for which separate regulatory capital requirements have 
been otherwise specified, fees, reserves, and commissions must be 
excluded.
    Backtesting means the comparison of a [BANKING ORGANIZATION]'s 
daily actual profit and loss and hypothetical profit and loss with the 
VaR-based measure as described in Sec. Sec.  __.204(g) and __.213(b).
    Basic CVA hedge means an eligible CVA hedge that is included in the 
basic CVA approach capital requirement under the standardized measure 
for CVA risk, pursuant to Sec.  __.221(c)(3).
    Basic CVA risk covered position means a CVA risk covered position 
that is included in the basic CVA approach capital requirement, 
pursuant to Sec.  __.221(c)(2).
    Cash equity position means an equity position that is not a 
derivative contract.
    Commodity position means a market risk covered position for which 
price risk arises from changes in the price of one or more commodities.
    Commodity risk means the risk of loss that could arise from changes 
in underlying commodity risk factors.
    Corporate position means a market risk covered position that is a 
corporate exposure.
    Correlation trading position means:
    (1) Except as provided in paragraph (2) of this definition:
    (i) A securitization position for which all or substantially all of 
the value of the underlying exposures reference the credit exposures to 
single name companies for which a two-way market exists, or on commonly 
traded indices based on such exposures, for which a two-way market 
exists; or
    (ii) A position that is not a securitization position and that 
hedges a position described in paragraph (1)(i) of this definition.
    (2) Notwithstanding paragraph (1) of this definition, a correlation 
trading position does not include:
    (i) A resecuritization position;
    (ii) A derivative of a securitization position that does not 
provide a pro rata share in the proceeds of a securitization tranche; 
or
    (iii) A securitization position for which the underlying assets or 
reference exposures are retail exposures, residential mortgage 
exposures, or commercial mortgage exposures.
    Counterparty credit spread risk means the risk of loss resulting 
from a change in the credit spread of a counterparty that results in an 
increase in CVA.
    Covered bond means a bond issued by a financial institution that 
satisfies all of

[[Page 15200]]

the criteria in paragraphs (1) through (6) of this definition from 
inception through its remaining maturity:
    (1) The bond is subject to a specific regulatory regime under the 
law of the jurisdiction governing the bond that is designed to protect 
bond holders;
    (2) The bond has a pool of underlying assets consisting exclusively 
of:
    (i) Claims on, or guaranteed by, sovereigns, their central banks, 
PSEs, or MDBs;
    (ii) Claims secured by first lien residential mortgages that would 
qualify for a 55 percent or lower risk weight under subpart E of this 
part; or
    (iii) Claims secured by commercial real estate that would qualify 
for a 100 percent or lower risk weight under subpart E of this part and 
have a loan-to-value ratio of 60 percent or lower; and
    (3) If the pool of underlying assets has any claims described in 
paragraphs (2)(ii) or (2)(iii) of this definition, then, for purposes 
of calculating the loan-to-value ratios for these assets:
    (i) The collateral is valued at or less than the current fair 
market value under which the property could be sold under private 
contract between a willing seller and an arm's-length buyer on the date 
of valuation;
    (ii) The issuing financial institution monitors the value of the 
collateral regularly and at least once per year; and
    (iii) A qualified professional evaluates the property when 
information indicates that the value of the collateral may have 
declined materially relative to general market prices or when a credit 
event, such as a default, occurs;
    (4) The nominal value of the pool of assets assigned to the bond 
exceeds the bond's nominal outstanding value by at least 10 percent;
    (5) If the law governing the bond does not provide for the 
requirement in paragraph (4) of this definition, then the issuing 
financial institution discloses publicly on a regular basis that the 
issuing financial institution in practice meets the requirement in 
paragraph (4) of this definition; and
    (6) The proceeds deriving from the bond are invested by law in 
assets that, during the entire duration of the bond--
    (i) Are capable of covering claims attached to the bond; and
    (ii) In the event of the failure of the issuer, would be used on a 
priority basis for the payment of principal and accrued interest.
    Credit spread risk means the risk of loss that could arise from 
changes in underlying credit spread risk factors.
    Credit valuation adjustment (CVA) means the fair value adjustment 
to reflect counterparty credit risk in the valuation of derivative 
contracts.
    Cross-currency basis means the basis spread added to the associated 
reference rate of the non-USD leg or non-EUR leg of a cross-currency 
basis swap.
    Currency union means an agreement by treaty among countries or 
territorial entities, under which the members agree to use a single 
currency, where the currency used is described in Sec.  
__.209(b)(1)(iv).
    Curvature risk means the incremental risk of loss of a market risk 
covered position that is not captured by the delta capital requirement 
arising from changes in the value of an option or embedded option and 
is measured based on two stress scenarios (curvature scenarios) 
involving an upward shock and a downward shock to each prescribed 
curvature risk factor.
    Customer and proprietary broker-dealer reserve bank accounts means 
segregated accounts established by a subsidiary of a [BANKING 
ORGANIZATION] that fulfill the requirements of 17 CFR 240.15c3-3 or 17 
CFR 1.20.
    CVA hedge means a transaction that a [BANKING ORGANIZATION] enters 
into with a third party or an internal trading desk and manages for the 
purpose of mitigating CVA risk.
    CVA risk means the risk of loss due to an increase in CVA resulting 
from the deterioration in the creditworthiness of a counterparty 
perceived by the market or changes in the exposure of CVA risk covered 
positions.
    CVA risk covered position means a position that is a derivative 
contract that is not a cleared transaction or a client-facing 
derivative transaction, provided that a position that is an eligible 
credit derivative the credit risk mitigation benefits of which are 
recognized under Sec.  __.36 or Sec.  __.120, as applicable, may be 
excluded from being a CVA risk covered position.
    Default risk means the risk of loss on a non-securitization debt or 
equity position or a securitization position that could result from the 
failure of an obligor to make timely payments of principal or interest 
on its debt obligations, and the risk of loss that could result from 
bankruptcy, insolvency, or similar proceeding.
    Default risk position means a market risk covered position, 
including a defaulted market risk covered position, that is subject to 
default risk.
    Delta risk means the risk of loss that could result from changes in 
the value of a position due to small changes in underlying risk 
factors. Delta risk is measured based on the sensitivities of a 
position to prescribed delta risk factors, which are specified in 
Sec. Sec.  __.207 and __.208 for purposes of calculating the 
sensitivities-based capital requirement and Sec. Sec.  __.224 and 
__.225 for purposes of calculating the standardized CVA approach 
capital requirement.
    Eligible CVA hedge. (1) Except as provided in paragraph (2) of this 
definition, eligible CVA hedge means a CVA hedge with an external party 
or a CVA hedge that is the CVA segment of an internal risk transfer 
that:
    (i) For purposes of calculating the basic CVA approach capital 
requirement, is a CVA hedge of counterparty credit spread risk, 
specifically:
    (A) An index credit default swap (CDS); or
    (B) A single-name CDS or a single-name contingent CDS that:
    (1) References the counterparty directly; or
    (2) References an affiliate of the counterparty; or
    (3) References an entity that belongs to the same sector and region 
as the counterparty.
    (ii) For purposes of calculating the standardized CVA approach 
capital requirement, can include:
    (A) Instruments that hedge variability of the counterparty credit 
spread component of CVA risk; and
    (B) Instruments that hedge the exposure component of CVA risk.
    (2) Notwithstanding paragraph (1) of this definition, an eligible 
CVA hedge does not include:
    (i) A CVA hedge that is not a whole transaction;
    (ii) A securitization position;
    (iii) A correlation trading position; and
    (iv) A CVA hedge at a [BANKING ORGANIZATION] that is not required 
to apply the CVA risk-based capital requirements, pursuant to Sec.  
__.201(b)(2).
    Emerging market economy means a country or territorial entity that 
is not a liquid market economy.
    Equity position means a market risk covered position that is not a 
securitization position or a correlation trading position and that has 
a value that reacts primarily to changes in equity prices.
    Equity risk means the risk of loss that could arise from changes in 
underlying equity risk factors.
    Equity repo rate means the equity repurchase agreement rate.
    Exotic exposure means an underlying exposure that is not in scope 
of any of the risk classes under the sensitivities-based capital 
requirement or is not captured by the default risk capital requirement, 
which includes, but is not limited to, longevity risk, weather risk, 
and natural disaster risk.

[[Page 15201]]

    Expected shortfall (ES) means a measure of the average of all 
potential losses exceeding the VaR at a given confidence level and over 
a specified horizon, as specified in Sec.  __.215.
    Exposure model means a CVA exposure model used by the [BANKING 
ORGANIZATION] for financial reporting purposes or such a CVA exposure 
model that has been adjusted to satisfy the requirements of this 
subpart F.
    Foreign exchange risk means the risk of loss that could arise from 
changes in underlying foreign exchange risk factors.
    Foreign exchange position means a position for which price risk 
arises from changes in foreign exchange rates.
    GSE debt means an exposure to a GSE that is not an equity exposure 
or exposure to a subordinated debt instrument issued by a GSE.
    Hedge means a position or positions that offset all, or 
substantially all, of the price risk of another position or positions.
    Hybrid instrument means an instrument that has characteristics in 
common with both debt and equity instruments, including traditional 
convertible bonds.
    Hypothetical profit and loss means the change in the value of the 
market risk covered positions that would have occurred due to changes 
in the market data at end of current day if the end-of-previous-day 
market risk covered positions remained unchanged. Valuation adjustments 
that are updated daily must be included, unless the [BANKING 
ORGANIZATION] has received approval from the [AGENCY] to exclude them. 
Valuation adjustments for which separate regulatory capital 
requirements have been otherwise specified, commissions, fees, 
reserves, net interest income, and intraday trading must be excluded.
    Idiosyncratic risk means the risk of loss in the value of a 
position that arises from changes in risk factors unique to the issuer.
    Idiosyncratic risk factor means categories of risk factors that 
present idiosyncratic risk.
    Interest rate risk means the risk of loss that could arise from 
changes in underlying interest rate risk factors.
    Internal risk management model means a valuation model that the 
independent risk control unit within the [BANKING ORGANIZATION] uses to 
report market risks and risk-theoretical profits and losses to senior 
management.
    Internal risk transfer means a transfer, executed through internal 
derivatives trades:
    (1) Of credit risk or interest rate risk arising from an exposure 
capitalized under subpart D or subpart E of this part to a trading desk 
under this subpart F; or
    (2) Of CVA risk from a CVA desk (or the functional equivalent if a 
[BANKING ORGANIZATION] does not have any CVA desks) to a trading desk 
under this subpart F.
    Large market cap means a market capitalization equal to or greater 
than $2 billion, [as adjusted pursuant to Sec.  __.4].
    Liquid market economy means:
    (1) A country or territorial entity that, based on an annual 
review, the [BANKING ORGANIZATION] has determined meets all of the 
following criteria:
    (i) The country or territorial entity has at least $10,000 in gross 
domestic product per capita in current prices;
    (ii) The country or territorial entity has at least $95 billion in 
total market capitalization of all domestic stock markets;
    (iii) The country or territorial entity has export diversification 
such that no single sector or commodity comprises more than 50 percent 
of the country or territorial entity's total annual exports;
    (iv) The country or territorial entity does not impose material 
controls on liquidation of direct investment; and
    (v) The country or territorial entity does not have sovereign 
entities, public sector entities, or sovereign-controlled enterprises 
subject to sanctions by the U.S. Office of Foreign Assets Control.
    (2) A country or territorial entity that is in a currency union 
with at least one country or territorial entity that meets the criteria 
in paragraph (1) of this definition.
    Liquidity horizon means the time required to exit or hedge a market 
risk covered position without materially affecting market prices in 
stressed market conditions.
    Look-through approach means an approach in which a [BANKING 
ORGANIZATION] treats a market risk covered position that has multiple 
underlying exposures, such as an index instrument, multi-underlying 
option, an equity position in an investment fund, or a correlation 
trading position, as if the underlying exposures were held directly by 
the [BANKING ORGANIZATION].
    Market capitalization means the aggregate value of all outstanding 
publicly traded shares issued by a company and its affiliates as 
determined by multiplying each share price by the number of outstanding 
shares.
    Market risk means the risk of loss that could result from market 
movements, such as changes in the level of interest rates, credit 
spreads, equity prices, foreign exchange rates, or commodity prices.
    Market risk covered position. (1) Except as provided in paragraph 
(2) of this definition, market risk covered position means the 
following positions:
    (i) A trading asset or trading liability (whether on- or off-
balance sheet),\800\ as reported on [REGULATORY REPORT], that is a 
trading position, a position that is held for the purpose of regular 
dealing or making a market in securities or in other instruments, or 
hedges another market risk covered position and that is free of any 
restrictive covenants on its tradability or where the [BANKING 
ORGANIZATION] is able to hedge the material risk elements of the 
position in a two-way market; \801\ and
---------------------------------------------------------------------------

    \800\ Securities subject to repurchase and lending agreements 
are included as if they are still owned by the lender.
    \801\ A position that hedges a trading position must be within 
the scope of the [BANKING ORGANIZATION]'s hedging strategy as 
described in Sec.  __.203(a)(2).
---------------------------------------------------------------------------

    (ii) The following positions, regardless of whether the position is 
a trading asset or trading liability, and hedges of such positions:
    (A) A foreign exchange position or commodity position, excluding:
    (1) A CVA hedge; and
    (2) Any structural position in a foreign currency that the [BANKING 
ORGANIZATION] chooses to exclude with prior approval from the [AGENCY];
    (B) A publicly traded equity position that is not excluded from 
being a market risk covered position by paragraph (2)(iv) of this 
definition;
    (C) An equity position in an investment fund that is not excluded 
from being a market risk covered position by paragraph (2)(vi) of this 
definition;
    (D) A net short risk position of $20 million, [as adjusted pursuant 
to Sec.  __.4], or more;
    (E) An embedded derivative on instruments issued by the [BANKING 
ORGANIZATION] that relates to the [BANKING ORGANIZATION]'s credit or 
equity risk that the [BANKING ORGANIZATION] either:
    (1) Bifurcates for accounting purposes; or
    (2) Elects the fair value option for purposes of financial 
reporting;
    (F) With prior approval from the [AGENCY], an entire instrument 
with an embedded derivative issued by the [BANKING ORGANIZATION] that 
relates to credit or equity risk, for which the [BANKING ORGANIZATION] 
elects the fair value option for purposes of financial reporting;

[[Page 15202]]

    (G) The trading desk segment of an eligible internal risk transfer 
of credit risk as described in Sec.  __.205(g)(1)(i);
    (H) The trading desk segment of an eligible internal risk transfer 
of interest rate risk as described in Sec.  __.205(g)(1)(ii);
    (I) A position arising from a transaction between a trading desk 
and an external party conducted as part of an internal risk transfer 
that meets the criteria described in Sec.  __.205(g);
    (J) The trading desk segment of an eligible internal risk transfer 
of CVA risk as described in Sec.  __.205(g); and
    (K) Instruments resulting from securities underwriting commitments, 
where the securities are expected to be purchased by the [BANKING 
ORGANIZATION] on the settlement date but are not securities expected to 
be purchased by the [BANKING ORGANIZATION] for held to maturity (HTM) 
or available for sale (AFS) purposes.
    (2) Notwithstanding paragraph (1) of this definition, a market risk 
covered position does not include:
    (i) An intangible asset, including a servicing asset;
    (ii) A hedge of a trading position that the [AGENCY] determines to 
be outside the scope of the [BANKING ORGANIZATION]'s trading and 
hedging strategy required in Sec.  __.203(a)(2);
    (iii) An instrument that, in form or substance, acts as a liquidity 
facility that provides support to asset-backed commercial paper;
    (iv) A publicly traded equity position with restrictions on 
tradability;
    (v) A non-publicly traded equity position that is not an equity 
position in an investment fund;
    (vi) An equity position in an investment fund that does not meet at 
least one of the two following criteria:
    (A) The [BANKING ORGANIZATION] has access to the investment fund's 
prospectus, partnership agreement, or similar contract that defines the 
fund's permissible investments and investment limits and is able to use 
the look-through approach to calculate market risk capital requirements 
for its proportional ownership share of each exposure held by the 
investment fund; or
    (B) The [BANKING ORGANIZATION] has access to the investment fund's 
prospectus, partnership agreement, or similar contract that defines the 
fund's permissible investments and investment limits and obtains daily 
price quotes for the investment fund;
    (vii) Any position a [BANKING ORGANIZATION] holds with the intent 
to securitize;
    (viii) Real estate directly held by the [BANKING ORGANIZATION] or 
an affiliate;
    (ix) A derivative instrument or an exposure to a fund that has 
material exposure to the instrument types described in paragraphs 
(2)(i) through (viii) of this definition as underlying assets;
    (x) An equity position arising from a deferred compensation plan, 
or bank owned life insurance or corporate owned life insurance owned by 
an affiliate of [BANKING ORGANIZATION] that is consistent with the 
requirements of [Volcker Rule Sec.  __.10(c)(7)];
    (xi) A significant investment in the capital of unconsolidated 
financial institutions in the form of common stock that is not deducted 
from capital pursuant to Sec.  __.22(d)(2), as applicable;
    (xii) An instrument held for the purpose of hedging a particular 
risk of a position in the types of instruments described in paragraphs 
(2)(i) through (xi) of this definition;
    (xiii) A CVA hedge;
    (xiv) An equity position in an investment fund that the [BANKING 
ORGANIZATION] or an affiliate organizes and offers, which the [BANKING 
ORGANIZATION] acquired for the purpose of providing such fund with 
sufficient initial equity for investment to permit the fund to attract 
unaffiliated investors and which the [BANKING ORGANIZATION] has held 
for fewer than five years from the date on which the investment adviser 
or similar entity to the fund begins making investments pursuant to the 
written investment strategy for the fund; and
    (xv) Hedges that are effective hedges, pursuant to the treatment in 
Sec.  __.52(c) or Sec.  __.141(c), as applicable.
    Mid-prime RMBS means a security that references underlying 
exposures that consist primarily of residential mortgages that is not a 
prime RMBS or a sub-prime RMBS.
    Model-eligible position means a market risk covered position on a 
model-eligible trading desk that is not a model-ineligible position.
    Model-eligible trading desk means a trading desk (including a 
notional trading desk) that received approval of the [AGENCY] to be a 
model-eligible trading desk pursuant to Sec.  __.212(b)(2) and 
continues to remain a model-eligible trading desk.
    Model-ineligible position means an equity position in an investment 
fund where the [BANKING ORGANIZATION] is not able to identify the 
underlying positions held by an investment fund on a quarterly basis, a 
securitization position, or a correlation trading position.
    Model-ineligible trading desk means a trading desk that is not a 
model-eligible trading desk.
    Modellable risk factor means a risk factor that satisfies both the 
risk factor qualitative test in Sec.  __.214(b)(2) and the risk factor 
quantitative test in Sec.  __.214(b)(3), consistent with Sec.  
__.214(b)(1).
    Net short risk position means a position that is calculated by 
comparing the notional amounts of a [BANKING ORGANIZATION]'s long and 
short positions for a given exposure, provided that the notional 
amounts of the short position exceed the notional amounts of the long 
position and that the position is:\802\
---------------------------------------------------------------------------

    \802\ For equity derivatives, the notional long and short 
positions are based on the adjusted notional amount, which is the 
product of the current price of one unit of the stock (for example, 
a share of equity) and the number of units referenced by the trade.
---------------------------------------------------------------------------

    (1) From a credit derivative that the [BANKING ORGANIZATION] 
recognizes as a guarantee for risk-weighted asset amount calculation 
purposes under subpart D or subpart E of this part and other exposures 
recognized under subpart D or subpart E of this part;
    (2) Arises under subpart D or subpart E of this part from the 
credit risk segment of an internal risk transfer described in Sec.  
__.205(g)(1)(i) that the [BANKING ORGANIZATION] recognizes as a 
guarantee for risk-weighted asset amount calculation purposes under 
subpart D or subpart E of this part; and
    (3) An equity position or a credit position that arises under 
subpart D or subpart E of this part that is not referenced in paragraph 
(1) or (2) of this definition provided that:
    (i) For a [BANKING ORGANIZATION] that hedges at the single name 
level, the notional amounts of the positions are compared at the name 
or obligor level; and
    (ii) For a [BANKING ORGANIZATION] that hedges at the portfolio 
level using indices, the notional amounts of the positions are compared 
at the portfolio level.
    Non-modellable risk factor means a type A non-modellable risk 
factor or a type B non-modellable risk factor.
    Non-securitization position means a market risk covered position 
that is not a securitization position or a correlation trading position 
and that has a value that reacts primarily to changes in interest rates 
or credit spreads.
    Non-securitization debt or equity position means a non-
securitization

[[Page 15203]]

position or an equity position that is subject to default risk.
    Notional trading desk means a trading desk created for regulatory 
capital purposes to account for market risk covered positions arising 
under subpart D or subpart E of this part, such as net short risk 
positions, embedded derivatives on instruments issued by the [BANKING 
ORGANIZATION] that relate to credit or equity risk that the [BANKING 
ORGANIZATION] either bifurcates for accounting purposes or elects the 
fair value option for purposes of financial reporting, instruments with 
an embedded derivative issued by the [BANKING ORGANIZATION] that relate 
to credit or equity risk, for which the [BANKING ORGANIZATION] elects 
the fair value option for purposes of financial reporting, and foreign 
exchange positions and commodity positions. Notional trading desks are 
not required to fulfill the requirements set forth in Sec.  
__.203(b)(2) and (c).
    Pension fund means:
    (1) An employee benefit plan (as defined in 29 U.S.C. 1002(3)) that 
is not exempt from ERISA, under 29 U.S.C. 1003(b), and that complies 
with the tax deferral qualification requirements provided in the 
Internal Revenue Code;
    (2) A governmental plan (as defined in 29 U.S.C. 1002(32)) that 
complies with the tax deferral qualification requirements provided in 
the Internal Revenue Code; or
    (3) A fund for employee benefit plans subject to ERISA that is 
exempt from the definition of an investment company under section 
3(c)(11) of the Investment Company Act (15 U.S.C. 80a-1 et seq.).
    Pricing model means:
    (1) A valuation model used for financial reporting such as models 
used in reporting actual profits and losses; or
    (2) A valuation model used for internal risk management.
    Prime RMBS means a security that references underlying exposures 
that consist primarily of qualified residential mortgages as defined 
under 12 CFR 244.13(a).
    Profit and loss attribution (PLA) means a method for assessing the 
robustness of a [BANKING ORGANIZATION]'s internal models used to 
calculate the ES-based measure in Sec.  __.215(b) by comparing the 
risk-theoretical profit and loss predicted by the internal models with 
the hypothetical profit and loss.
    PSE position means a market risk covered position that is an 
exposure to a public sector entity (PSE).
    P-value means the probability, when using the VaR-based measure for 
purposes of backtesting, of observing a profit that is less than, or a 
loss that is greater than, the profit or loss that actually occurred on 
a given date.
    Real price means:
    (1) A price at which the [BANKING ORGANIZATION] has executed a 
transaction;
    (2) A price provided by a regulated exchange, a qualifying central 
counterparty, a sovereign entity, or a specified supranational entities 
and multilateral development banks (MDBs);
    (3) A verifiable price for an actual transaction between other 
arm's-length parties or a bona fide competitive bid or offer by a party 
transacting at arm's length either made to or received by the [BANKING 
ORGANIZATION] itself or obtained from a third-party provider, provided 
that, for any transaction, bid, or offer obtained from a third-party 
provider:
    (i) The transaction, bid, or offer has been processed through a 
third-party provider; or
    (ii) The third-party provider agrees to provide evidence of the 
transaction, bid, or offer to the [BANKING ORGANIZATION] upon request.
    Reference credit spread risk means the risk of loss that could 
arise from changes in the underlying credit spread risk factors that 
drive the exposure component of CVA risk.
    Resecuritization position means a market risk covered position that 
is a resecuritization exposure.
    Residential mortgage-backed security (RMBS) means a prime RMBS, 
mid-prime RMBS, or sub-prime RMBS.
    Risk class means:
    (1) For the purpose of calculating the sensitivities-based capital 
requirement, one of the classes specified in Sec.  __.206(a)(1);
    (2) For the purpose of calculating the models-based non-default 
capital requirement, one of the following: interest rate risk, equity 
risk, foreign exchange risk, commodity risk, credit risk, and any other 
risk class established by the agency; and
    (3) For the purpose of calculating the standardized CVA approach 
capital requirement, one of the classes relevant to the capital 
requirement specified in Sec.  __.224.
    Risk factor means underlying variables, such as market rates and 
prices that affect the value of a market risk covered position or a CVA 
risk covered position. For purposes of calculating the sensitivities-
based capital requirement, the risk factors are specified in Sec.  
__.208. For purposes of calculating the standardized CVA approach 
capital requirement, the risk factors are specified in Sec.  __.225.
    Risk-theoretical profit and loss means the daily trading desk-level 
profit and loss on the end-of-previous-day market risk covered 
positions generated by the [BANKING ORGANIZATION]'s internal risk 
management models. The risk-theoretical profit and loss must take into 
account all risk factors, including non-modellable risk factors that 
can be included in the [BANKING ORGANIZATION]'s internal risk 
management models.
    Securitization position means a market risk covered position that 
is a securitization exposure.
    Securitization position non-CTP means a securitization position 
other than a correlation trading position.
    Small market cap means a market capitalization of less than $2 
billion, as adjusted pursuant to Sec.  __.4.
    Sovereign position means a market risk covered position that is a 
sovereign exposure.
    Standardized CVA hedge means a CVA hedge that is an eligible CVA 
hedge that:
    (1) Is not a basic CVA hedge; and
    (2) Is included in the standardized CVA approach capital 
requirement.
    Standardized CVA risk covered position means a CVA risk covered 
position that is not a basic CVA risk covered position.
    Structural position in a foreign currency means a position that is 
not a trading position and that is:
    (1) Subordinated debt, equity, or minority interest in a 
consolidated subsidiary that is denominated in a foreign currency;
    (2) Capital assigned to foreign branches that is denominated in a 
foreign currency;
    (3) A position related to an unconsolidated subsidiary or another 
item that is denominated in a foreign currency and that is deducted 
from the [BANKING ORGANIZATION]'s tier 1 or tier 2 capital; or
    (4) A position designed to hedge a [BANKING ORGANIZATION]'s capital 
ratios or earnings against the effect on paragraph (1), (2), or (3) of 
this definition of adverse exchange rate movements.
    Sub-prime RMBS means a security that references underlying 
exposures consisting primarily of higher-priced mortgage loans as 
defined in 12 CFR 1026.35, high-cost mortgages as defined in 12 CFR 
1026.32, or both.
    Systematic risk means the risk of loss that could arise from 
changes in risk factors that represent broad market movements and that 
are not specific to an issue or issuer.
    Systematic risk factors means categories of risk factors that 
present systematic risk, such as economy, region, and sector.

[[Page 15204]]

    Term repo-style transaction means a repo-style transaction that has 
an original maturity in excess of one business day.
    Time effects means the effects on the profit and loss solely due to 
the passage of time.
    Trading desk means a unit of organization of a [BANKING 
ORGANIZATION] that purchases or sells market risk covered positions 
that is:
    (1) Structured by the [BANKING ORGANIZATION] to implement a well-
defined business strategy;
    (2) Organized to ensure appropriate setting, monitoring, and 
management review of the desk's trading and hedging limits and 
strategies; and
    (3) Characterized by a clearly defined unit of organization that:
    (i) Engages in coordinated trading activity with a unified approach 
to the key elements described in Sec.  __.203(b)(2) and (c);
    (ii) Operates subject to a common and calibrated set of risk 
metrics, risk levels, and joint trading limits;
    (iii) Submits compliance reports and other information as a unit 
for monitoring by management; and
    (iv) Books its trades together.
    Trading position means a position that is held by a [BANKING 
ORGANIZATION] for the purpose of short-term resale or with the intent 
of benefiting from actual or expected short-term price movements, or to 
lock in arbitrage profits.
    Two-way market means a market where there are independent bona fide 
offers to buy and sell so that a price reasonably related to the last 
sales price or current bona fide competitive bid and offer quotations 
can be determined within one day and settled at that price within a 
relatively short time frame conforming to trade custom.
    Type A non-modellable risk factor means a risk factor that 
satisfies the risk factor qualitative test in Sec.  __.214(b)(2) but 
not the risk factor quantitative test in Sec.  __.214(b)(3), consistent 
with Sec.  __.214(b)(1).
    Type B non-modellable risk factor means a risk factor that is not a 
modellable risk factor or a type A non-modellable risk factor, 
consistent with Sec.  __.214(b)(1).
    Value-at-Risk (VaR) means the estimate of the maximum amount that 
the value of one or more market risk covered positions could decline 
due to market price or rate movements during a fixed holding period 
within a stated confidence interval.
    Vega risk means the risk of loss that could arise from changes in 
the value of a position due to changes in the volatility of the 
underlying exposure. Vega risk is measured based on the sensitivities 
of a position to prescribed vega risk factors as specified in 
Sec. Sec.  __.207 and __.208 for purposes of calculating the 
sensitivities-based capital requirement and Sec. Sec.  __.224 and 
__.225 for purposes of calculating the standardized CVA approach 
capital requirement.
Sec.  __.203 General Requirements for Market Risk
    (a) Market risk covered positions--(1) Identification of market 
risk covered positions. A [BANKING ORGANIZATION] must have clearly 
defined policies and procedures for determining its market risk covered 
positions, which the [BANKING ORGANIZATION] must update at least 
annually. These policies and procedures must include:
    (i) Identification of trading assets and trading liabilities that 
are trading positions and of trading positions that are correlation 
trading positions;
    (ii) Identification of trading assets and trading liabilities that 
are positions held for the purpose of regular dealing or making a 
market in securities or other instruments;
    (iii) Identification of equity positions in an investment fund that 
are market risk covered positions;
    (iv) Identification of positions that are market risk covered 
positions, regardless of whether the position is a trading asset or 
trading liability, including net short risk positions (and the 
calculation of such positions), eligible internal risk transfer 
positions as described in Sec.  __.205(g), embedded derivatives on 
instruments issued by the [BANKING ORGANIZATION] that relate to credit 
or equity risk that the [BANKING ORGANIZATION] either bifurcates for 
accounting purposes or elects the fair value option for purposes of 
financial reporting, and instruments with an embedded derivative issued 
by the [BANKING ORGANIZATION] that relate to credit or equity risk, for 
which the [BANKING ORGANIZATION] elects the fair value option for 
purposes of financial reporting;
    (v) Consideration of the extent to which a position, or a hedge of 
its material risks, can be marked-to-market daily by reference to a 
two-way market;
    (vi) Consideration of possible impairments to the liquidity of a 
position or its hedge;
    (vii) Identification of positions that must be excluded from market 
risk covered positions; and
    (viii) A process for determining whether a position needs to be re-
designated after its initial identification as a market risk covered 
position or otherwise, which must include re-designation restrictions 
and a description of the events or circumstances under which a [BANKING 
ORGANIZATION] would consider a re-designation, a process for 
identifying such events or circumstances, and a process for obtaining 
senior management approval and for notifying the [AGENCY] of material 
re-designations.
    (2) Market risk trading and hedging strategies. A [BANKING 
ORGANIZATION] must have clearly defined trading and hedging strategies 
for its market risk covered positions that are approved by senior 
management of the [BANKING ORGANIZATION].
    (i) The trading strategy must articulate the expected holding 
period of, and the market risk associated with, each portfolio of 
market risk covered positions.
    (ii) The hedging strategy must articulate for each portfolio of 
market risk covered positions the level of market risk that the 
[BANKING ORGANIZATION] is willing to accept and must detail the 
instruments, techniques, and strategies that the [BANKING ORGANIZATION] 
will use to hedge the risk of the portfolio.
    (b) Trading desks--(1) Trading desk structure. A [BANKING 
ORGANIZATION] must define its trading desk structure. That structure 
must include:
    (i) Definition of each trading desk;
    (ii) Identification of model-eligible trading desks, consistent 
with Sec.  __.212(b);
    (iii) Identification of model-ineligible trading desks used in both 
the standardized measure for market risk and the models-based measure 
for market risk (as applicable);
    (iv) Identification of trading desks that are used for internal 
risk transfers (as applicable); and
    (v) Identification of notional trading desks (as applicable).
    (2) Trading desk policies. For each trading desk that is not a 
notional trading desk, a [BANKING ORGANIZATION] must have a clearly 
defined policy that is approved by senior management of the [BANKING 
ORGANIZATION] and describes the general strategy of the trading desk, 
the risk and position limits established for the trading desk, and the 
internal controls and governance structure established to oversee the 
risk-taking activities of the trading desk, and that includes, at a 
minimum:
    (i) A written description of the general strategy of the trading 
desk that addresses the economics of the business

[[Page 15205]]

strategy, the primary activities, and the trading and hedging 
strategies of the trading desk;
    (ii) A clearly defined trading strategy for the trading desk's 
market risk covered positions, approved by senior management of the 
[BANKING ORGANIZATION], which details the types of market risk covered 
positions purchased and sold by the trading desk; indicates which of 
these are the main types of market risk covered positions purchased and 
sold by the trading desk; and articulates the expected holding period 
of, and the market risk associated with, each portfolio of market risk 
covered positions held by the trading desk;
    (iii) A clearly defined hedging strategy for the trading desk's 
market risk covered positions, approved by senior management of the 
[BANKING ORGANIZATION], which articulates for each trading desk the 
level of market risk the [BANKING ORGANIZATION] is willing to accept 
and details the instruments, techniques, and strategies that the 
trading desk will use to hedge the risk of the portfolio; and
    (iv) A business strategy that includes regular reports on the 
revenue, costs, and market risk capital requirements of the trading 
desk.
    (c) Active management of market risk covered positions. A [BANKING 
ORGANIZATION] must have clearly defined policies and procedures 
describing the internal controls, ongoing monitoring, management, and 
authorization procedures, including escalation procedures, for actively 
managing all market risk covered positions. At a minimum, these 
policies and procedures must identify the key groups and personnel 
responsible for overseeing the activities of the [BANKING 
ORGANIZATION]'s trading desks that are not notional trading desks and 
require:
    (1) Determining the fair value of the market risk covered positions 
on a daily basis;
    (2) Ongoing assessment of the ability of trading desks to hedge 
market risk covered positions and portfolio risks and of the extent of 
market liquidity;
    (3) Establishment by each trading desk of clear trading limits with 
well-defined trader mandates and articulation of why the risk factors 
used to establish the limits appropriately reflect the general strategy 
of the trading desk;
    (4) Establishment and daily monitoring by trading desks of the 
following risk-management measurements:
    (i) Trading limits, usage, and remediation of breaches;
    (ii) Sensitivities to risk factors;
    (iii) VaR and expected shortfall (as applicable);
    (iv) Backtesting and p-values at the trading desk level and at the 
aggregate level for all model-eligible trading desks (as applicable);
    (v) Comprehensive profit and loss attribution (as applicable); and
    (vi) Market risk covered positions and transaction volumes;
    (5) Establishment and daily monitoring by a risk control unit 
independent of the trading business unit of the risk-management 
measurements listed in paragraph (c)(4) of this section;
    (6) Strategy to appropriately mitigate risks when stress tests 
reveal particular vulnerabilities to a given set of circumstances;
    (7) Daily monitoring by senior management of information described 
in paragraphs (c)(1) through (4) of this section;
    (8) Reassessment of established limits on market risk covered 
positions, performed by senior management annually or more frequently; 
and
    (9) Assessments of the quality of market inputs to the valuation 
process, the soundness of key assumptions, the reliability of parameter 
estimation in pricing models, and the stability and accuracy of model 
calibration under alternative market scenarios, performed by qualified 
personnel annually or more frequently.
    (d) Stress testing. (1) A [BANKING ORGANIZATION] must stress test 
its market risk covered positions at the aggregate level and on each 
trading desk at a frequency appropriate to manage risk, but in no case 
less frequently than quarterly. The stress tests must take into account 
concentration risk (including but not limited to concentrations in 
single issuers, industries, sectors, or markets), illiquidity under 
stressed market conditions, and risks arising from the [BANKING 
ORGANIZATION]'s trading activities that may not be adequately captured 
in the standardized measure for market risk or in the models-based 
measure for market risk, as applicable.
    (2) The results of the stress testing must be reviewed by the 
[BANKING ORGANIZATION]'s senior management when available, and 
reflected in the policies and limits set by the [BANKING 
ORGANIZATION]'s management and its board of directors (or a committee 
thereof).
    (e) Control and oversight. (1) A [BANKING ORGANIZATION] must have 
in place internal market risk management systems and processes for 
identifying, measuring, monitoring, and managing market risk that are 
conceptually sound.
    (2) A [BANKING ORGANIZATION] must have a risk control unit that is 
responsible for the design and implementation of the [BANKING 
ORGANIZATION]'s market risk management system and that reports directly 
to senior management and is independent from the business trading 
units.
    (3) A [BANKING ORGANIZATION] must have an internal audit function 
independent of business line management that at least annually assesses 
the effectiveness of the controls supporting the [BANKING 
ORGANIZATION]'s market risk measurement systems, including the 
activities of the business trading units and independent risk control 
unit, the initial designation of positions as market risk covered 
positions and any re-designations of positions, compliance with 
policies and procedures, and the calculation of the [BANKING 
ORGANIZATION]'s measures for market risk under this subpart F, 
including the mapping of risk factors to liquidity horizons, as 
applicable. At least annually, the internal audit function must report 
its findings to the [BANKING ORGANIZATION]'s board of directors (or a 
committee thereof).
    (f) Valuation of market risk covered positions. A [BANKING 
ORGANIZATION] must have a process for the prudent valuation of its 
market risk covered positions that includes policies and procedures on 
the valuation of its market risk covered positions, determining the 
fair value of its market risk covered positions, independent price 
verification, and independent validation of the valuation models and 
valuation adjustments or reserves.
    (g) Internal assessment of capital adequacy. A [BANKING 
ORGANIZATION] must have a rigorous process for assessing its overall 
capital adequacy in relation to its market risk. The assessment must 
take into account risks that may not be captured fully by the 
standardized measure for market risk or in the models-based measure for 
market risk, including concentration and liquidity risk under stressed 
market conditions.
    (h) Due diligence requirements for securitization positions. (1) A 
[BANKING ORGANIZATION] must demonstrate to the satisfaction of the 
[AGENCY] a comprehensive understanding of the features of a 
securitization position that would materially affect the performance of 
the position. The [BANKING ORGANIZATION]'s analysis must be

[[Page 15206]]

commensurate with the complexity of the securitization position and the 
materiality of the position in relation to its regulatory capital under 
this part.
    (2) A [BANKING ORGANIZATION] must demonstrate its comprehensive 
understanding of a securitization position under this paragraph (h), 
for each securitization position by:
    (i) Conducting an analysis of the risk characteristics of a 
securitization position prior to acquiring the exposure and documenting 
such analysis promptly after acquiring the exposure, considering:
    (A) Structural features of the securitization that would materially 
impact the performance of the exposure, which may include the 
contractual cash flow waterfall, waterfall-related triggers, credit 
enhancements, liquidity enhancements, fair value triggers, the 
performance of organizations that service the exposure, and deal-
specific definitions of default;
    (B) Relevant information regarding--
    (1) The performance of the underlying credit exposure(s) by 
exposure amount, which may include the percentage of loans 30, 60, and 
90 days past due; default rates; prepayment rates; loans in 
foreclosure; property types; occupancy; average credit score or other 
measures of creditworthiness; average loan-to-value ratio; and industry 
and geographic diversification data on the underlying exposure(s); and
    (2) For resecuritization positions, performance information on the 
underlying securitization exposures by exposure amount, which may 
include the issuer name and credit quality, and the characteristics and 
performance of the exposures underlying the securitization exposures, 
in addition to the information described in paragraph (h)(2)(i)(B)(1) 
of this section; and
    (C) Relevant market data of the securitization, which may include 
bid-ask spreads, most recent sales price and historical price 
volatility, trading volume, implied market rating, and size, depth and 
concentration level of the market for the securitization; and
    (ii) On an ongoing basis (not less frequently than quarterly), 
evaluating and updating as appropriate the analysis required under this 
section for each securitization position.
    (i) Documentation. (1) A [BANKING ORGANIZATION] must adequately 
document all material aspects of its identification, management, and 
valuation of market risk covered positions, including internal risk 
transfers and any re-designations of its positions, including market 
risk covered positions; its control, oversight and review processes; 
and its internal assessment of capital adequacy.
    (2) A [BANKING ORGANIZATION] must adequately document its trading 
desk structure and must document policies describing how each trading 
desk satisfies the applicable requirements in this section.
    (3) A [BANKING ORGANIZATION] that calculates the models-based 
measure for market risk must adequately document all material aspects 
of its internal models, including validation and review processes and 
results and an explanation of the empirical techniques used to measure 
market risk.
    (4) A [BANKING ORGANIZATION] that calculates the models-based 
measure for market risk must document policies and procedures around 
processes related to:
    (i) The risk factor qualitative and quantitative tests, including 
the description of the mapping of real price observations to risk 
factors, as described in Sec. Sec.  __.214(b)(2) and (3);
    (ii) Data alignment of hypothetical profit and loss and risk-
theoretical profit and loss time series used in PLA testing as 
described in Sec.  __.213(c)(1); and
    (iii) The assignment of risk factors to liquidity horizons as 
described in Sec.  __.215(b)(1) and any empirical correlations 
recognized with respect to risk classes.
Sec.  __.204 Measure for Market Risk
    (a) General requirements. (1) A [BANKING ORGANIZATION] must 
calculate its measure for market risk as the standardized measure for 
market risk in accordance with paragraph (b) of this section, unless 
the [BANKING ORGANIZATION] has one or more model-eligible trading 
desks, in which case the [BANKING ORGANIZATION] must calculate its 
measure for market risk as the models-based measure for market risk in 
accordance with paragraph (c) of this section. A [BANKING ORGANIZATION] 
must calculate the standardized measure for market risk at least weekly 
and must calculate the models-based measure for market risk daily.
    (2) Notwithstanding paragraph (a)(1) of this section, when a 
[BANKING ORGANIZATION] is required to calculate market risk capital for 
a trading desk on a stand-alone basis, the [BANKING ORGANIZATION] must 
calculate its measure for market risk as the sum of:
    (i) The primary measure, calculated by applying the provisions of 
paragraph (a)(1) of this section to all market risk covered positions 
that are not included in a stand-alone measure for market risk in 
paragraph (a)(2)(ii) of this section; and
    (ii) The stand-alone measure for each trading desk that is required 
to calculate market risk capital on a stand-alone basis, calculated by 
applying the provisions of paragraph (a)(1) of this section to the 
positions on that trading desk as if those positions were the entire 
portfolio of market risk covered positions.
    (b) Standardized measure for market risk. The standardized measure 
for market risk equals the sum of the standardized non-default capital 
requirement as defined in this paragraph (b), the default risk capital 
requirement as defined in paragraph (d) of this section, the fallback 
capital requirement as defined in paragraphs (e)(1) and (2) of this 
section, and the capital add-ons for re-designations as defined in 
paragraph (f) of this section. The standardized non-default capital 
requirement equals the sum of the sensitivities-based capital 
requirement and the residual risk add-on as defined under this 
paragraph (b).
(1) Sensitivities-based capital requirement. A [BANKING ORGANIZATION]'s 
sensitivities-based capital requirement equals the sensitivities-based 
capital requirement, as calculated in accordance with Sec. Sec.  __.206 
through __.209 for market risk covered positions.
(2) Residual risk add-on. A [BANKING ORGANIZATION]'s residual risk add-
on equals any residual risk add-on that is required under Sec.  
__.211(a) and calculated in accordance with Sec.  __.211(c) for market 
risk covered positions.
(c) Models-based measure for market risk. The models-based measure for 
market risk equals:

Models-based measure for market risk = NDCR + DRC + fallback capital 
requirement + capital add-on for redesignations

Where:

(1) NDCR is the non-default capital requirement under the models-
based measure and is calculated as follows, except that, with 
supervisory approval, the non-default capital requirement under the 
models-based measure can instead be equal to SAall desks:

NDCR = IMAG,A + (SAall desks - SAG,A)

Where:

(i) IMAG,A is the models-based non-default capital requirement 
calculated for model-eligible positions on model-eligible trading 
desks and is calculated as follows:


[[Page 15207]]


IMAG,A = max ((IMCCt-1 + SESt-1), ((mc x IMCCaverage) + SESaverage)) + 
PLA add-on

Where:

(A) IMCC is the internally modelled capital calculation, which is 
the aggregate capital measure for modellable risk factors and type A 
non-modellable risk factors based on the weighted average of the 
constrained and unconstrained ES-based measures and calculated in 
accordance with Sec.  __.215(c) for the most recent outcome, denoted 
as t - 1, and for the average of the previous 60 business days, 
denoted as average;
(B) SES is the stressed expected shortfall, which is the aggregate 
capital measure for non-modellable risk factors, calculated in 
accordance with Sec.  __.215(d) for the most recent outcome, denoted 
as t-1, and for the average of the previous 60 business days, 
denoted as average;
(C) The capital multiplier mc equals 1.5 unless otherwise specified 
in paragraph (g) of this section; and
(D) PLA add-on equals any PLA add-on that is required under Sec.  
__.212(b)(2)(ii)(D), Sec.  __.212(b)(4), or Sec.  __.213(c)(3)(iii) 
and is calculated in accordance with Sec.  __.213(c)(4);
(ii) SAall desks equals the standardized non-default capital 
requirement as defined in paragraph (b) of this section for market 
risk covered positions on all trading desks;
(iii) SAG,A equals the standardized non-default capital requirement 
as defined in paragraph (b) of this section for model-eligible 
positions on model-eligible trading desks;
(2) DRC is the default risk capital requirement as defined in 
paragraph (d) of this section;
(3) Fallback capital requirement is defined in paragraph (e) of this 
section; and
(4) Capital add-on for redesignations is defined in paragraph (f) of 
this section.

(d) Default risk capital requirement. A [BANKING ORGANIZATION]'s 
default risk capital requirement equals the sum of the default risk 
capital requirements for non-securitization debt or equity positions, 
correlation trading positions, and securitization positions non-CTP, as 
calculated in accordance with Sec.  __.210 for market risk covered 
positions.
(e) Fallback capital requirement--(1) Calculation of the fallback 
capital requirement. Unless the [BANKING ORGANIZATION] receives prior 
approval of the [AGENCY] to use alternative techniques that 
appropriately measure the market risk associated with those market risk 
covered positions, a [BANKING ORGANIZATION]'s fallback capital 
requirement equals the sum of:
(i) The standardized non-default capital requirement and the default 
risk capital requirement for any market risk covered positions 
described by paragraph (e)(3)(ii)(A) for which the [BANKING 
ORGANIZATION] is able to calculate all parts of those capital 
requirements; and
(ii) The sum of the absolute value of the fair values of all other 
market risk covered positions that must be included in the fallback 
capital requirement in accordance with paragraphs (e)(2)(ii) and 
(e)(3)(ii) of this section, respectively.
(2) Standardized measure for market risk--(i) Market risk covered 
positions excluded from certain calculations. Notwithstanding paragraph 
(b) of this section, for a [BANKING ORGANIZATION] that calculates the 
standardized measure for market risk, if for any reason, a [BANKING 
ORGANIZATION] is unable to calculate the sensitivities-based capital 
requirement or the default risk capital requirement for a market risk 
covered position, that position must be excluded from the calculation 
of the standardized non-default capital requirement and the default 
risk capital requirement.
(ii) Market risk covered positions included in the fallback capital 
requirement. A [BANKING ORGANIZATION] that calculates the standardized 
measure for market risk must include all market risk covered positions 
excluded under paragraph (e)(2)(i) of this section in the calculation 
of the fallback capital requirement.
(3) Models-based measure for market risk--(i) Market risk covered 
positions excluded from certain calculations. Notwithstanding paragraph 
(c) of this section, for a [BANKING ORGANIZATION] that calculates the 
models-based measure for market risk: in cases where, for any reason, a 
[BANKING ORGANIZATION] is unable to calculate any portion of SAall 
desks, IMAG,A, SAG.A, SAi as part of the calculation of the PLA add-on, 
or the default risk capital requirement for a market risk covered 
position subject to that calculation, that market risk covered position 
must be excluded from the calculation of IMAG,A, SAall desks, SAG,A, 
SAi, and the default risk capital requirement, unless the [BANKING 
ORGANIZATION] receives prior approval from the [AGENCY].
(ii) Market risk covered positions included in the fallback capital 
requirement. A [BANKING ORGANIZATION] that calculates the models-based 
measure for market risk must include the following market risk covered 
positions in the calculation of the fallback capital requirement:
(A) All model-eligible positions excluded from the calculation of 
IMAG,A under paragraph (e)(3)(i) of this section; and
(B) All market risk covered positions excluded from the calculation of 
SAall desks under paragraph (e)(3)(i) of this section; and
(C) All market risk covered positions excluded from the default risk 
capital requirement under paragraph (e)(3)(i) of this section.
(f) Capital add-ons for re-designations. (1) After the initial 
designation of an exposure to be capitalized under subpart D or subpart 
E of this part or a position to be capitalized as a market risk covered 
position under this subpart F, a [BANKING ORGANIZATION] may make a re-
designation if:
(i) The [BANKING ORGANIZATION] receives prior approval of senior 
management and documents the re-designation; and
(ii) The [BANKING ORGANIZATION] sends notification within 30 days of 
any material re-designation to the [AGENCY].
(2) For each re-designation, a [BANKING ORGANIZATION] must calculate 
its capital add-on for re-designation following the provisions below.
(i) For the calculation of Expanded Total Risk-Weighted Assets, the 
capital add-on for re-designation is the higher of zero and the total 
capital requirement under subpart E of this part and under this subpart 
F before the re-designation minus the total capital requirement under 
subpart E of this part and under this subpart after the re-designation.
(ii) For the calculation of Standardized Total Risk-Weighted Assets, 
the capital add-on for re-designation is the higher of zero and the 
total capital requirement under subpart D of this part and under this 
subpart F before the re-designation minus the total capital requirement 
under subpart D of this part and under this subpart after the re-
designation.
(iii) The capital add-on for re-designation must initially be 
calculated at the time of the re-designation.
(iv) The capital add-on for re-designation may decrease over time, 
proportionate to the decrease in the balance sheet value of the 
position from the time of re-designation.
(v) Notwithstanding paragraphs (f)(2)(i) through (iv) of this section, 
with

[[Page 15208]]

prior notification to the [AGENCY], no capital add-on for re-
designation is required if the re-designation is due to circumstances 
that are outside of the [BANKING ORGANIZATION]'s control, including any 
re-designation required for accounting purposes or a change in the 
characteristics of the exposure or position that would change its 
qualification as a market risk covered position.
(3) Any re-designation is irrevocable unless the [BANKING ORGANIZATION] 
receives approval of the [AGENCY].
(g) Aggregate trading portfolio backtesting and capital multiplier. (1) 
Beginning on the business day a [BANKING ORGANIZATION] begins 
calculating the models-based measure for market risk, the [BANKING 
ORGANIZATION] must generate backtesting data by separately comparing 
each business day's aggregate actual profit and loss for transactions 
on model-eligible trading desks and aggregate hypothetical profit and 
loss for transactions on model-eligible trading desks with the 
corresponding aggregate VaR-based measures for that business day 
calibrated to a one-day holding period and at a one-tail, 99.0th 
percent confidence level for market risk covered positions on model-
eligible trading desks, subject to Sec.  __.212(b)(1)(iii)(B) of this 
part. Time effects must be treated in a consistent manner in the 
hypothetical profit and loss used for backtesting.
(i) An exception for actual profit and loss occurs when the aggregate 
actual loss exceeds the corresponding aggregate VaR-based measure. An 
exception for hypothetical profit and loss occurs when the aggregate 
hypothetical loss exceeds the corresponding VaR-based measure.
(ii) If either the business day's actual or hypothetical profit and 
loss is not available or impossible to compute for a particular day, an 
exception for actual profit and loss or for hypothetical profit and 
loss, respectively, occurs. If the VaR-based measure for a business day 
is not available or impossible to compute for a particular day, 
exceptions for actual profit and loss and for hypothetical profit and 
loss occur. No exception occurs if the unavailability or impossibility 
is related to an official holiday.
(iii) With approval of the [AGENCY], a [BANKING ORGANIZATION] may 
consider an exception not to have occurred if:
(A) The [BANKING ORGANIZATION] can demonstrate that the exception is 
due to technical issues that are unrelated to the [BANKING 
ORGANIZATION]'s internal models;
(B) The [BANKING ORGANIZATION] can demonstrate that one or more non-
modellable risk factors caused the relevant loss, and the portion of 
the aggregate stressed expected shortfall, as described in paragraph 
(c)(2)(ii) of this section, that can be attributed to these non-
modellable risk factors for that business day exceeds the difference 
between the [BANKING ORGANIZATION]'s VaR-based measure and the actual 
or hypothetical loss for that business day; or
(C) The [BANKING ORGANIZATION] can demonstrate that one or more model-
ineligible positions caused the relevant loss, and the portion of the 
aggregate non-default capital requirement under the models-based 
measure, as described in paragraph (c)(2)(ii) of this section, that can 
be attributed to these model-ineligible positions for that business day 
exceeds the difference between the [BANKING ORGANIZATION]'s VaR-based 
measure and the actual or hypothetical loss for that business day.
    (2) A [BANKING ORGANIZATION] must specify the scope of its model-
eligible trading desks for the purposes of this paragraph (g) by 
determining which trading desks are model-eligible trading desks and 
taking into consideration any changes to the model eligibility status 
of trading desks as soon as practicable. A [BANKING ORGANIZATION] must 
use this scope of model-eligible trading desks for the purposes of this 
paragraph (g) unless the [AGENCY] notifies the [BANKING ORGANIZATION] 
in writing that a different scope of model-eligible trading desks must 
be used.
    (3) A [BANKING ORGANIZATION] that calculates the models-based 
measure for market risk must conduct aggregate trading portfolio 
backtesting on a quarterly basis. In order to conduct aggregate trading 
portfolio backtesting, a [BANKING ORGANIZATION] must count the number 
of exceptions that have occurred over the most recent 250 business 
days, provided that in the first year that the [BANKING ORGANIZATION] 
begins backtesting, the [BANKING ORGANIZATION] must count the number of 
exceptions that have occurred since the date that the [BANKING 
ORGANIZATION] began backtesting. A [BANKING ORGANIZATION] must count 
exceptions for aggregate actual profit and loss separately from 
exceptions for aggregate hypothetical profit and loss. The overall 
number of exceptions is the greater of the number of exceptions for 
aggregate actual profit and loss and the number of exceptions for 
aggregate hypothetical profit and loss.
    (4) A [BANKING ORGANIZATION] must use the multiplication factor in 
Table 1 to Sec.  __.204 that corresponds to the overall number of 
exceptions identified in paragraph (g)(3) of this section to determine 
the multiplication factor for the models-based non-default capital 
requirement under paragraph (c)(2)(iii) of this section until the 
[BANKING ORGANIZATION] conducts aggregate trading portfolio backtesting 
for the next quarter, unless the [AGENCY] notifies the [BANKING 
ORGANIZATION] in writing that a different adjustment or other action is 
appropriate.

[[Page 15209]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.165

    (h) Maximum loss. Notwithstanding any other paragraph of this 
section, a [BANKING ORGANIZATION] may cap the market risk capital 
requirements of a market risk covered position at the maximum loss of 
that market risk covered position.
Sec.  __.205 Treatment of Certain Market Risk Covered Positions and 
Term Repo-Style Transactions the [BANKING ORGANIZATION] Elects To 
Include in Market Risk: Net Short Risk Positions; Defaulted and 
Distressed Positions; Hybrid Instruments; Index Instruments and Multi-
Underlying Options; Equity Positions in an Investment Fund; Certain 
Term Repo-Style Transactions; and Internal Risk Transfers.
    (a) Net short risk positions. A [BANKING ORGANIZATION] must 
calculate its net short risk positions on a quarterly basis.
    (b) Treatment of defaulted and distressed market risk covered 
positions.
    (1) For purposes of calculating the default risk capital 
requirement, a [BANKING ORGANIZATION] must include defaulted market 
risk covered positions. Notwithstanding Sec.  __.204, a [BANKING 
ORGANIZATION] is not required to include defaulted and distressed 
market risk covered positions in the standardized non-default capital 
requirement or the models-based non-default capital requirement.
    (2) A [BANKING ORGANIZATION] may treat a distressed position as a 
defaulted position for the purpose of calculating market risk capital 
requirements.
    (c) Treatment of hybrid instruments that are market risk covered 
positions. For purposes of calculating the standardized non-default 
capital requirement, a [BANKING ORGANIZATION] must assign risk 
sensitivities of hybrid instruments into the applicable risk classes 
such as interest rate, credit spread, and equity risk for calculating 
the delta, vega, and curvature capital requirements. For the default 
risk capital requirement, a [BANKING ORGANIZATION] must decompose a 
hybrid instrument into a non-securitization position and an equity 
position and calculate the default risk capital requirement for each 
position respectively.
    (d) Index instruments and multi-underlying options. For a market 
risk covered position that is an index instrument or a multi-underlying 
option, the [BANKING ORGANIZATION] must apply:
    (1) For purposes of calculating the standardized non-default 
capital requirement,
    (i) One of the following approaches to calculate the delta capital 
requirement and the curvature capital requirement:
    (A) The look-through approach; or
    (B) The single-sensitivity approach, whereby a single sensitivity 
is calculated to the index and assigned to the relevant bucket in Sec.  
__.209, in accordance with:
    (1) For an equity or credit index where at least 75 percent of the 
market or notional value, respectively, of the underlying constituents, 
taking into account the weightings of such index, relate to the same 
sector, the sensitivity must be assigned to the corresponding sector 
bucket, otherwise the sensitivity must be mapped to an index bucket;
    (2) For an equity index that is not described in paragraph 
(d)(1)(i)(B)(1) of this section, if at least 75 percent of the market 
value of the constituents in the index, taking into account the 
weightings of such index, is invested in large market cap and liquid 
market economy, then the sensitivity must be assigned to bucket 12 in 
Table 8 to Sec.  __.209; otherwise, the sensitivity must be assigned to 
bucket 13 in Table 8 to Sec.  __.209;
    (3) For a credit index that is not described in paragraph 
(d)(1)(i)(B)(1) of this section, if at least 75 percent of the notional 
value of the constituents in the index taking into account the 
weightings of such index, is invested in investment grade positions, 
the sensitivity must be assigned to bucket 19 in Table 3 to Sec.  
__.209; otherwise, the sensitivity must be assigned to bucket 20 in 
Table 3 to Sec.  __.209;
    (4) For an index that is not described in paragraphs 
(d)(1)(i)(B)(1) through (3) of this section, the [BANKING ORGANIZATION] 
must allocate the index proportionately to the relevant risk classes 
following the methodology in paragraphs (d)(1)(i)(B)(1) through (3) of 
this section;
    (5) For credit indices, the [BANKING ORGANIZATION] may calculate 
the delta sensitivity for interest rate risk specified in Sec.  
__.207(b)(1) or the delta sensitivity for any credit spread risk 
specified in Sec.  __.207(b)(2) as delta sensitivity for equity risk 
specified in Sec.  __.207(b)(3) multiplied by effective duration; and
    (6) For options on credit indices, the [BANKING ORGANIZATION] must 
calculate curvature capital requirement specified in Sec.  __.206(d) 
for interest rate risk and credit spread risk for non-securitization 
positions using the risk weights specified in Sec.  __.209(d) 
multiplied by the duration of the fund; and
    (ii) One of the following approaches to calculate the vega capital 
requirement:

[[Page 15210]]

    (A) The look-through approach;
    (B) For an index, the vega capital requirement with respect to the 
implied volatility based on the appropriate sector specific bucket or 
index bucket, which is the same sector specific bucket or index bucket 
used to calculate the delta capital requirement and the curvature 
capital requirement in paragraph (d)(1)(i)(B) of this section if the 
[BANKING ORGANIZATION] calculates the delta capital requirement and the 
curvature capital requirement under paragraph (d)(1)(i)(B) of this 
section; or
    (C) For a multi-underlying option, the vega capital requirement 
based on the implied volatility of the option; and
    (2) For purposes of calculating the models-based non-default 
capital requirement, one of the following approaches:
    (i) The look-through approach;
    (ii) The hypothetical portfolio approach, consistent with paragraph 
(e)(3)(ii) of this section; or
    (iii) After receiving prior approval of the [AGENCY], an 
alternative modelling approach; and
    (3) For purposes of calculating the default risk capital 
requirement, one of the following approaches:
    (i) The look-through approach provided that a [BANKING 
ORGANIZATION] must set the gross default exposure assigned to a single 
name, referenced by the instrument, equal to the difference between the 
value of the instrument assuming only the single name defaults and 
assuming the LGD for the single name is the appropriate LGD specified 
in Sec.  __.210(b)(1)(iv) and the value of the instrument assuming none 
of the single names referenced by the instrument default;
    (ii) A single exposure mapped to an appropriate bucket, provided 
that the index or option substantially meets the criteria for that 
bucket; or
    (iii) A single sub-speculative exposure.
    (e) Treatment of equity positions in an investment fund. For an 
equity position in an investment fund that is a market risk covered 
position, the [BANKING ORGANIZATION] must apply the following 
provisions.
    (1) A [BANKING ORGANIZATION] must determine whether it is able to 
use the look-through approach to calculate market risk capital 
requirements for its proportional ownership share of all or a portion 
of the underlying positions in the fund. If a [BANKING ORGANIZATION] is 
able to use the look-through approach to calculate market capital 
requirements for only a portion of the underlying positions in the 
fund, the [BANKING ORGANIZATION] must treat the equity position in the 
investment fund as two separate market risk covered positions: one 
market risk covered position for which the [BANKING ORGANIZATION] is 
able to apply the look-through approach and one market risk covered 
position for which the [BANKING ORGANIZATION] is not able to apply the 
look-through approach, with each position representing the proportional 
amount of the original position corresponding to the portion of the 
investment fund that the [BANKING ORGANIZATION] is able to use the 
look-through approach or not able to use the look-through approach, 
respectively.
    (2) With respect to a position subject to this paragraph (e) for 
which the [BANKING ORGANIZATION] is able to use the look-through 
approach to calculate market risk capital requirements, the [BANKING 
ORGANIZATION] must apply the treatment specified in paragraph (d) of 
this section.
    (3) With respect to a position subject to this paragraph (e) for 
which the [BANKING ORGANIZATION] is not able to use the look-through 
approach to calculate market risk capital requirements, the [BANKING 
ORGANIZATION] must apply one of the following three methods in 
paragraphs (e)(3)(i) through (e)(3)(iii) of this section, provided that 
the [BANKING ORGANIZATION] must not include such market risk covered 
positions in the calculation of the models-based non-default capital 
requirement:
    (i) Tracked index method. For an investment fund that closely 
tracks an index benchmark, the [BANKING ORGANIZATION] treats the 
investment fund as the tracked index and calculates the standardized 
non-default capital requirement by applying the treatment specified in 
paragraphs (d)(1)(i)(B) and (d)(1)(ii)(B) of this section, and the 
default risk capital requirement by applying the treatment specified in 
paragraph (d)(3) of this section.
    (ii) Hypothetical portfolio approach. The [BANKING ORGANIZATION] 
decomposes the investment fund into a hypothetical portfolio for the 
standardized non-default capital requirement and the default risk 
capital requirement, provided that the hypothetical portfolio either:
    (A) Assumes the fund invests to the maximum extent permitted under 
the fund's investment limits in the exposure types subject to the 
highest applicable risk weights, provided that if more than one risk 
weight can be applied to a given exposure, the maximum risk weight 
applicable must be used, that cause the fund to be fully invested; or
    (B) Is based on the most recent quarterly disclosure of the 
investment fund's holdings of underlying positions.
    (iii) Backstop fund method. (A) For purposes of calculating the 
standardized non-default capital requirement, a [BANKING ORGANIZATION] 
may allocate the equity position in an investment fund to the other 
sector bucket 11 in Table 8 to Sec.  __.209. If an investment fund's 
investment mandate permits the investment fund to maintain exposure 
types as described in Sec.  __.211(a), the [BANKING ORGANIZATION] must 
apply the residual risk add-on to the portion of the fund permitted to 
be invested in such exposure types, assuming the fund would invest in 
such exposure types to the maximum extent permitted under the mandate.
    (B) For purposes of calculating the default risk capital 
requirement, the [BANKING ORGANIZATION] must calculate the default risk 
capital requirement based on either:
    (1) A hypothetical portfolio, as described in paragraph (e)(3)(ii) 
of this section; or
    (2) A single sub-speculative equity exposure.
    (f) Term repo-style transactions that the [BANKING ORGANIZATION] 
elects to include in market risk. A [BANKING ORGANIZATION] may elect to 
include a term repo-style transaction in market risk, provided that the 
[BANKING ORGANIZATION]:
    (1) Includes all such term repo-style transactions consistently 
over time;
    (2) Marks the transaction to market;
    (3) Captures the market price risk and the issuer-default risk of 
the transaction by:
    (i) Including the risk factor sensitivity to each applicable risk 
factor pursuant to Sec.  __.208; and
    (ii) Calculating the default risk capital requirement under Sec.  
__.210 using:
    (A) For the calculation of Expanded Total Risk-Weighted Assets, the 
exposure amount that would apply to the transaction under Sec. Sec.  
__.113 through __.115 multiplied by 8 percent; or
    (B) For the calculation of Standardized Total Risk-Weighted Assets, 
the collateral haircut approach that would apply to the transaction 
under Sec.  __.37(c) multiplied by 8 percent;
    (4) Recognizes:
    (i) For the calculation of Expanded Total Risk-Weighted Assets, the 
credit risk mitigation benefits of collateral pursuant to Sec.  __.115; 
or
    (ii) For the calculation of Standardized Total Risk-Weighted

[[Page 15211]]

Assets, the credit risk mitigation benefits of collateral pursuant to 
Sec.  __.37(c); and
    (5) Treats the term repo-style transactions the [BANKING 
ORGANIZATION] elects to include in market risk as market risk covered 
positions for the purposes of calculations under this part.
    (g) Internal risk transfers. (1) A [BANKING ORGANIZATION] that is 
subject to the market risk capital requirements in this subpart F may 
recognize the risk mitigation benefits of an external hedge under 
subpart D or subpart E of this part if the internal risk transfer meets 
the applicable criteria in this paragraph (g).
    (i) Credit risk. A [BANKING ORGANIZATION] may capitalize under 
subpart D or subpart E of this part the leg of an eligible internal 
risk transfer to hedge credit risk transferred by the trading desk to 
another unit within the [BANKING ORGANIZATION].
    (A) For credit risk, an eligible internal risk transfer means an 
internal risk transfer for which:
    (1) The documentation of the internal risk transfer identifies the 
exposure under subpart D or subpart E of this part that is being hedged 
and its source(s) of credit risk;
    (2) The terms of the internal risk transfer, aside from amount, are 
identical to the terms of the external hedge of credit risk at trade 
initiation; and
    (3) The external hedge meets the requirements of Sec.  __.36 or 
Sec.  __.120, as applicable.
    (B) If the amount of the internal risk transfer exceeds the 
exposure being hedged under subpart D or subpart E of this part, the 
[BANKING ORGANIZATION] must treat the amount equal to the exposure 
being hedged under subpart D or subpart E of this part as an eligible 
internal risk transfer, and the excess amount as a separate internal 
risk transfer that is not an eligible internal risk transfer, which 
must be capitalized as a net short credit position.
    (ii) Interest rate risk. A [BANKING ORGANIZATION] may capitalize 
the trading desk segment of an eligible internal risk transfer as a 
market risk covered position. For interest rate risk, an eligible 
internal risk transfer means an internal risk transfer:
    (A) For which the documentation of the internal risk transfer 
identifies the exposure being hedged and its source(s) of interest rate 
risk;
    (B) If the position is on a dedicated notional trading desk, that 
desk calculates market risk capital on a stand-alone basis, pursuant to 
Sec.  __.204(a)(2)(ii); and
    (C) Is executed on a trading desk that the [BANKING ORGANIZATION] 
has established for conducting internal risk transfers to hedge 
interest rate risk and that has received approval from the [AGENCY] to 
execute such internal risk transfers to hedge interest rate risk.
    (2) CVA risk. A [BANKING ORGANIZATION] that is subject to the 
market risk capital requirements and CVA risk-based capital 
requirements in this subpart F may hedge CVA risk arising from a 
derivative contract through internal CVA hedges executed with the 
[BANKING ORGANIZATION]'s trading desk, using an eligible internal risk 
transfer.
    (i) The [BANKING ORGANIZATION] may consider the internal risk 
transfer of CVA risk to be an eligible internal risk transfer, if the 
following requirements are satisfied:
    (A) The CVA segment of the transaction is an eligible CVA hedge; 
and
    (B) The documentation of the internal risk transfer of CVA risk 
identifies the CVA risk being hedged and the source(s) of such risk.
    (ii) The [BANKING ORGANIZATION] must designate a CVA desk or the 
functional equivalent to manage internal risk transfers of CVA risk to 
the [BANKING ORGANIZATION]'s trading desks.
Sec.  __.206 Sensitivities-Based Capital Requirement
    (a) Overview of the calculation. A [BANKING ORGANIZATION] must 
follow the steps below to calculate the sensitivities-based capital 
requirement:
    (1) The [BANKING ORGANIZATION] must identify the market risks in 
each of its portfolios of market risk covered positions and include the 
relevant risk classes in its calculation of the sensitivities-based 
capital requirement. The risk classes are:
    (i) Interest rate risk;
    (ii) Credit spread risk for non-securitization positions;
    (iii) Credit spread risk for correlation trading positions;
    (iv) Credit spread risk for securitization positions non-CTP;
    (v) Equity risk;
    (vi) Commodity risk; and
    (vii) Foreign exchange risk.
    (2) For each market risk covered position, a [BANKING ORGANIZATION] 
must identify all of the relevant risk factors as described in Sec.  
__.208 for which it will calculate sensitivities for delta risk and 
vega risk as described in Sec.  __.207 and curvature scenarios for 
curvature risk as described in both paragraph (d) of this section and 
in Sec.  __.207. A [BANKING ORGANIZATION] must also identify the 
corresponding buckets related to these risk factors as described in 
Sec.  __.209.
    (3) To calculate risk-weighted sensitivities a [BANKING 
ORGANIZATION] must aggregate the delta sensitivities and vega 
sensitivities, respectively, for each risk factor across all market 
risk covered positions and apply the corresponding risk weights as 
described in Sec.  __.209(b) and (c). To calculate the net curvature 
risk position, a [BANKING ORGANIZATION] must aggregate the incremental 
loss beyond the delta capital requirement by applying an upward and 
downward shock to each risk factor in accordance with paragraph (d)(1) 
of this section.
    (4) For each bucket, a [BANKING ORGANIZATION] must calculate a 
bucket-level risk position separately for delta risk and vega risk by 
aggregating the risk-weighted sensitivities across risk factors with 
common characteristics as described in paragraphs (b)(2) and (c)(2) of 
this section. Similarly, for curvature risk, a [BANKING ORGANIZATION] 
must calculate a bucket-level risk position for each bucket by 
aggregating the net curvature risk positions within each bucket as 
described in paragraph (d)(2) of this section.
    (5) To calculate the risk class-level capital requirement a 
[BANKING ORGANIZATION] must aggregate the bucket-level risk positions 
for each risk class for delta risk, vega risk, and curvature risk 
(separately) under three correlation scenarios in accordance with 
paragraphs (b)(3), (c)(3), and (d)(3) of this section. For each risk 
class, the risk class-level capital requirement is the sum of the delta 
capital requirement, the vega capital requirement and the curvature 
capital requirement for the respective correlation scenario.
    (i) The delta capital requirement is described in paragraph (b) of 
this section.
    (ii) The vega capital requirement is described in paragraph (c) of 
this section.
    (iii) The curvature capital requirement is described in paragraph 
(d) of this section.
    (iv) The correlation scenarios are provided in paragraph (e) of 
this section and Sec.  __.209.
    (6) To calculate the sensitivities-based capital requirement, a 
[BANKING ORGANIZATION] must sum the risk class-level capital 
requirements for each risk class under each correlation scenario. The 
sensitivities-based capital requirement equals the largest capital

[[Page 15212]]

requirement produced under the three correlation scenarios.
    (b) Delta capital requirement. For each risk class, a [BANKING 
ORGANIZATION] must calculate the delta capital requirement for all of 
its market risk covered positions, except for market risk covered 
positions whose value at any point in time exclusively depends on an 
exotic exposure. To calculate the delta capital requirement, for each 
risk class, a [BANKING ORGANIZATION] must calculate its market risk 
covered positions' delta sensitivities in accordance with Sec.  __.207 
to the relevant risk factors specified in Sec.  __.208, multiply the 
sensitivities by the corresponding risk weights specified in paragraph 
Sec.  __.209(b), and aggregate the resulting risk-weighted delta 
sensitivities in accordance with the following:
    (1) Weighted sensitivity calculation. For each risk factor, a 
[BANKING ORGANIZATION] must calculate the delta sensitivity as 
described in Sec.  __.207. A [BANKING ORGANIZATION] must net the delta 
sensitivities of a risk factor k, irrespective of the market risk 
covered positions from which they derive, to produce a net delta 
sensitivity, sk, across all market risk covered positions. The risk-
weighted delta sensitivity, WSk, equals the product of the net 
sensitivity, sk, and the corresponding risk weight specified in 
paragraph Sec.  __.209(b).
    (2) Within bucket aggregation. For each bucket, b, specified in 
paragraph Sec.  __.209(b), a [BANKING ORGANIZATION] must calculate the 
delta bucket-level risk position, Kb, by aggregating the risk-weighted 
delta sensitivities of all risk factors that are within the same 
bucket, using the correlation parameter [rho]kl as specified in 
Sec. Sec.  __.206(e) and __.209(b), as follows:
[GRAPHIC] [TIFF OMITTED] TP27MR26.166

    (3) Across bucket aggregation. A [BANKING ORGANIZATION] must 
calculate the delta capital requirement for each risk class by 
aggregating the delta bucket-level risk positions across all of the 
buckets within the risk class, using the cross-bucket correlation 
parameter gbc as specified in Sec. Sec.  __.206(e) and __.209(b), as 
follows:
[GRAPHIC] [TIFF OMITTED] TP27MR26.167

Where:

(i) Sb = [Sigma]k WSk for all risk factors in bucket b and Sc = 
[Sigma]k WSk for all risk factors in bucket c; and
(ii) If Sb and Sc produce a negative number for the 
overall sum of
[GRAPHIC] [TIFF OMITTED] TP27MR26.324

[Sigma]b[Sigma]c[ne]b [gamma]bcSbSc, the [BANKING ORGANIZATION] must 
calculate the delta capital requirement using an alternative 
specification, whereby:
    (A) Sb = max(min([Sigma]kWSkKb),-Kb) for all risk factors in 
bucket b; and
    (B) Sc = max(min([Sigma]kWSkKc),-Kc) for all risk factors in 
bucket c.

    (c) Vega capital requirement. For each risk class, a [BANKING 
ORGANIZATION] must calculate the vega capital requirement for market 
risk covered positions that are options or are positions with embedded 
optionality, including positions with material prepayment risk. 
Callable and puttable bonds that are priced based on yield to maturity 
are not required to estimate vega capital requirement. To calculate the 
vega capital requirement, for each risk class, a [BANKING ORGANIZATION] 
must calculate its market risk covered positions' vega sensitivities in 
accordance with Sec.  __.207 to the relevant risk factors specified in 
Sec.  __.208, multiply the sensitivities by the corresponding risk 
weights specified in Sec.  __.209(c), and aggregate the resulting risk-
weighted sensitivities for vega risk in accordance with the following:
    (1) Weighted sensitivity calculation. For each risk factork, a 
[BANKING ORGANIZATION] must calculate the vega sensitivity as described 
in Sec.  __.207(c). A [BANKING ORGANIZATION] must net the vega 
sensitivities of a risk factor k, irrespective of the market risk 
covered positions from which they derive, to produce a net vega 
sensitivity, sk, across all market risk covered positions. The risk-
weighted vega sensitivity, WSk, equals the product of the net 
sensitivity sk and the corresponding risk weight specified in Sec.  
__.209(c).
    (2) Within bucket aggregation. Unless otherwise specified in Sec.  
__.209(c), for each bucket, b, specified in Sec.  __.209(c), a [BANKING 
ORGANIZATION] must calculate the vega bucket-level risk position, Kb, 
by aggregating the risk-weighted vega sensitivities of all risk factors 
that are within the same bucket, using the correlation parameter, 
[rho]kl, as specified in Sec. Sec.  __.206(e) and __.209(c), as 
follows:
[GRAPHIC] [TIFF OMITTED] TP27MR26.168


[[Page 15213]]


    (3) Across bucket aggregation. A [BANKING ORGANIZATION] must 
calculate the vega capital requirement for each risk class by 
aggregating the vega bucket-level risk positions across all of the 
buckets within the risk class, using the cross-bucket correlation 
parameter, [gamma]bc, specified in Sec. Sec.  __.206(e) and __.209(c), 
as follows:
[GRAPHIC] [TIFF OMITTED] TP27MR26.169

Where:

(i) Sb = [Sigma]kWSk for all risk factors in bucket b and Sc = 
[Sigma]kWSk for all risk factors in bucket c; and
(ii) If Sb and Sc produce a negative number for the overall sum of 
[sigma]bK2b + [Sigma]b[Sigma]c[ne]b [gamma]bcSbSc, the 
[BANKING ORGANIZATION] must calculate the vega capital requirement 
using an alternative specification, whereby:
(A) Sb = max(min([sigma]kWSk,Kb), - Kb) for all risk factors in 
bucket b; and
(B) Sc = max(min([sigma]kWSk, Kc) -Kc) for all risk factors in 
bucket c.

    (d) Curvature capital requirement. For each risk class, a [BANKING 
ORGANIZATION] must calculate the curvature capital requirement by 
applying an upward shock and a downward shock to each risk factor and 
calculate the incremental loss in excess of that already captured by 
the delta capital requirement for all market risk covered positions 
that are options or positions with embedded optionality, including 
positions with material prepayment risk, using the approach in 
paragraph (d)(1) of this section and in accordance with Sec. Sec.  
__.207 and __.209(d). A [BANKING ORGANIZATION] may, on a trading desk 
by trading desk basis, choose to include market risk covered positions 
without optionality in the calculation of its curvature capital 
requirement, provided that the [BANKING ORGANIZATION] does so 
consistently through time.
    (1) Curvature risk position calculation. For each market risk 
covered position for which the curvature capital requirement is 
calculated, an upward shock and a downward shock must be applied to 
risk factor, k. The size of the shock, i.e., the risk weight, is 
specified in Sec.  __.209(d). The net curvature risk position for the 
portfolio is calculated as,
[GRAPHIC] [TIFF OMITTED] TP27MR26.170

Where:

(i) i is a market risk covered position subject to curvature risk 
for risk factor k;
(ii) xk is the current level of risk factor k;
(iii) Vi(xk) is the value of market risk covered position i at the 
current level of risk factor k;
 (iv) Vi(xk(RW(curvature)+)) and Vi 
(RW(curvature)-)) denote the value of market risk covered 
position i after xk is shifted (i.e., ``shocked'') upward and 
downward, respectively;
(v) RWk (curvature)is the risk weight for curvature risk 
for factor k and market risk covered position i; and
(vi) sik is the delta sensitivity of market risk covered position i 
with respect to curvature risk factor k, such that:

    (A) For the following risk classes, sik is the delta sensitivity of 
market risk covered position i:
    (1) Foreign exchange risk; and
    (2) Equity risk;
    (B) For the following risk classes, sik is the sum of the delta 
sensitivities to all tenors of the relevant curve of market risk 
covered position i with respect to curvature risk factor k:
    (1) Interest rate risk;
    (2) Credit spread risk for non-securitization positions;
    (3) Credit spread risk for correlation trading positions;
    (4) Credit spread risk for securitization positions non-CTP; and
    (5) Commodity risk; and
    (C) The delta sensitivity sik must be the delta sensitivity 
described in Sec.  __.207 used in calculating the delta capital 
requirement.
    (2) Within bucket aggregation. Unless otherwise specified in Sec.  
__.209(d), for each bucket specified in Sec.  __.209(d), a [BANKING 
ORGANIZATION] must calculate a curvature bucket-level risk position by 
aggregating the net curvature risk positions within the bucket using 
the correlation parameter, [gamma]kl, as specified in Sec. Sec.  
__.206(e) and __.209(d) as follows:

Kb = max(K+b, K-b)

[[Page 15214]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.171

    and
    (i) The bucket-level capital requirement, Kb, is calculated as the 
greater of the capital requirement under the upward scenario, 
K+b, or the capital requirement under the downward scenario, 
K-b;
    (ii) In the specific case where K+b = K-b, if 
[Sigma]kCVR+k > [Sigma]kCVR-k, the upward 
scenario is selected, otherwise the downward scenario is selected; and
    (iii) C (CVRk, CVRl) = 0 if CVRk and CVRl both have negative signs; 
and C (CVRk, CVRl) = 1 otherwise.
    (3) Across bucket aggregation. A [BANKING ORGANIZATION] must 
calculate the curvature capital requirement for each risk class by 
aggregating the curvature bucket-level risk positions across buckets 
within each risk class, using the prescribed cross-bucket correlation 
parameter, , as specified in Sec. Sec.  __.206(e) and __.209(d), as 
follows:
[GRAPHIC] [TIFF OMITTED] TP27MR26.172

Where:

(i) Sb = [Sigma]kCVR+k for all risk factors in bucket b 
when the upward scenario has been selected for bucket b, and Sb = 
[Sigma]kCVR-k otherwise; and
(ii) C(Sb, Sc) = 0, if Sb and Sc both have negative signs, and c 
(Sb, Sc = 1 otherwise.

    (e) Correlation scenarios. A [BANKING ORGANIZATION] must repeat the 
aggregation of the bucket-level risk positions and risk class-level 
capital requirements for delta risk, vega risk, and curvature risk for 
three different values of the correlation parameters (correlation 
between risk factors within a bucket) and (correlation across buckets 
within a risk class) as specified below:
    (1) For the medium correlation scenario, the correlation parameters 
and specified in Sec.  __.209 apply;
    (2) For the high correlation scenario, the specified correlation 
parameters and are uniformly multiplied by 1.25, with and subject to a 
cap at 100 percent; and
    (3) For the low correlation scenario, the specified correlation 
parameters and are replaced by,
[GRAPHIC] [TIFF OMITTED] TP27MR26.325

Sec.  __.207 Sensitivities-Based Capital Requirement: Calculation of 
Delta Sensitivities, Vega Sensitivities and Curvature Scenarios
    (a) General requirements. For purposes of calculating the delta 
capital requirement, the vega capital requirement, and the curvature 
capital requirement, a [BANKING ORGANIZATION] must calculate the delta 
sensitivities, vega sensitivities, and curvature scenarios in 
accordance with the requirements set forth in this section.
    (1) To calculate delta sensitivities, a [BANKING ORGANIZATION] must 
use the sensitivity definitions for delta risk as provided in paragraph 
(b) of this section.
    (2) To calculate its vega sensitivities, a [BANKING ORGANIZATION] 
must use the sensitivity definitions for vega risk as provided in 
paragraph (c) of this section.
    (3) A [BANKING ORGANIZATION] must calculate delta sensitivities, 
vega sensitivities, and curvature scenarios based on pricing models.
    (4) For each risk factor as provided in Sec.  __.208, a [BANKING 
ORGANIZATION] must calculate the delta sensitivities, vega 
sensitivities, and curvature scenarios as the change in the value of a 
market risk covered position as a result of applying a specified shift 
to each risk factor, assuming all other relevant risk factors are held 
at the current level. In cases where applying this assumption is 
ambiguous, a [BANKING ORGANIZATION] must perform the calculation 
consistently with the models specified in paragraph (a)(3) of this 
section. With prior approval from the [AGENCY], a [BANKING 
ORGANIZATION] may calculate delta sensitivities, vega sensitivities, 
and

[[Page 15215]]

curvature scenarios using an alternative basis.
    (5) When calculating delta sensitivities for market risk covered 
positions that are options or positions with embedded options, a 
[BANKING ORGANIZATION] must use one of the following assumptions:
    (i) The dynamics of the implied volatility are such that when the 
price of the underlying changes, the implied volatility of an option or 
a market risk covered position with an embedded option will remain 
unchanged for any given moneyness (sticky delta rule); or
    (ii) When the price of the underlying changes, the implied 
volatility of an option or a market risk covered position with an 
embedded option will remain unchanged for any given strike price 
(sticky strike rule); or
    (iii) With prior approval from the [AGENCY], another assumption.
    (6) The curvature scenarios and sensitivities to the delta risk 
factors for credit spread risk for securitization positions non-CTP (as 
specified in Sec.  __.208(d)) must be calculated with respect to the 
spread of the tranche rather than the spread of the underlying 
position.
    (7) The curvature scenarios and sensitivities to the delta risk 
factors for credit spread risk for correlation trading positions (as 
specified in Sec.  __.208(e)) must be computed with respect to the 
underlying names of the securitization position or nth-to-default 
position.
    (8) A [BANKING ORGANIZATION] must calculate the delta 
sensitivities, vega sensitivities, and curvature scenarios for each 
risk class in the reporting currency of the [BANKING ORGANIZATION], 
except for the foreign exchange risk class where, with prior approval 
of the [AGENCY], the [BANKING ORGANIZATION] may calculate sensitivities 
and curvature scenarios relative to a base currency instead of the 
reporting currency as specified in Sec.  __.208(h).
    (9) A [BANKING ORGANIZATION] must calculate all sensitivities 
ignoring the impact of CVA on fair values.
    (b) Sensitivity definitions for delta risk--(1) Interest rate risk. 
The delta sensitivity for interest rate risk is calculated by changing 
the interest rate at tenor of the relevant interest rate curve in a 
given currency by one basis point (0.0001 in absolute terms) and 
dividing the resulting change in the value of the market risk covered 
position, by 0.0001 as follows:
[GRAPHIC] [TIFF OMITTED] TP27MR26.174

Where:

(i) k is a given risk factor;
(ii) i is a given market risk covered position;
(iii) rt is the interest rate curve at tenor t;
(iv) cst is the credit spread curve at tenor t; and
(v) Vi is the value of the market risk covered position 
as a function of the interest rate curve and credit spread curve.

    (2) Credit spread risk. The delta sensitivity for credit spread 
risk for non-securitization positions, credit spread risk for 
securitization positions non-CTP, and credit spread risk for 
correlation trading positions is calculated by changing the relevant 
credit spread at tenor by one basis point (0.0001 in absolute terms) 
and dividing the resulting change in the value of the market risk 
covered position, by 0.0001 as follows:
[GRAPHIC] [TIFF OMITTED] TP27MR26.175

Where:

(i) k is a given risk factor;
(ii) i is a given market risk covered position;
(iii) rt is the interest rate curve at tenor t;
(iv) cst is the credit spread curve at tenor t; and
(v) Vi is the value of the market risk covered position 
as a function of the interest rate curve and credit spread curve.

    (3) Equity risk. A [BANKING ORGANIZATION] must calculate the delta 
sensitivity for equity risk using the equity spot price and the equity 
repo rate as follows:
    (i) A [BANKING ORGANIZATION] must calculate the delta sensitivity 
for equity spot price by changing the relevant equity spot price by one 
percentage point (0.01 in relative terms) and dividing the resulting 
change in the value of the market risk covered position, , by 0.01 as 
follows:
[GRAPHIC] [TIFF OMITTED] TP27MR26.176

Where:

(A) k is a given equity;
(B) i is a given market risk covered position;
(C) EQk is the value of equity k; and
(D) Vi is the value of market risk covered position as a 
function of the price of equity k.

    (ii) A [BANKING ORGANIZATION] must calculate the delta sensitivity 
for equity repo rate by applying a parallel shift to the equity repo 
rate term structure by one basis point (0.0001 in absolute terms) and 
dividing the resulting change in the value of the market risk covered 
position, Vi, by 0.0001 as follows:

[[Page 15216]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.177

Where:

(A) k is a given equity;
(B) RTSk is the repo term structure of equity k; and
(C) Vi is the value of market risk covered position as a function of 
the repo term structure of equity k.

    (4) Commodity risk. A [BANKING ORGANIZATION] must calculate the 
delta sensitivity for commodity risk by changing the relevant commodity 
spot price by one percentage point (0.01 in relative terms) and 
dividing the resulting change in the value of the market risk covered 
position (Vi) by 0.01 as follows:
[GRAPHIC] [TIFF OMITTED] TP27MR26.178

Where:

(i) k is a given commodity;
(ii) CTYk is the value of commodity k; and
(iii) Vi is the value of market risk covered position as a function 
of the spot price of commodity k:

    (5) Foreign exchange risk. A [BANKING ORGANIZATION] must calculate 
the delta sensitivity for foreign exchange risk by changing the 
relevant exchange rate by one percentage point (0.01 in relative terms) 
and dividing the resulting change in the value of the market risk 
covered position, Vi, by 0.01 as follows:
[GRAPHIC] [TIFF OMITTED] TP27MR26.179

Where:

(i) k is a given currency;
(ii) FXk is the exchange rate between a given currency and a 
[BANKING ORGANIZATION]'s reporting currency or base currency, as 
applicable, where the foreign exchange spot rate is the current 
market price of one unit of another currency expressed in the units 
of the [BANKING ORGANIZATION]'s reporting currency or base currency, 
as applicable; and
(iii) Vi is the value of market risk covered position as 
a function of the exchange rate k.

    (c) Sensitivity definitions for vega risk. (1) A [BANKING 
ORGANIZATION] must calculate the vega sensitivity to a given risk 
factor (provided in Sec.  __.208) by multiplying vega by the volatility 
of the option as follows:

Sk = vega x volatility

Where:

(i) vega is defined as the change in the value of the option Vi as a 
result of a small amount of change to the volatility si, which can 
be represented as
[GRAPHIC] [TIFF OMITTED] TP27MR26.180

and
(ii) Volatility is defined as either the implied volatility or at-
the-money volatility of the option, depending on which is used by 
the models used to calculate vega sensitivity to determine the 
intrinsic value of volatility in the price of the option.

    (2) For interest rate risk, a [BANKING ORGANIZATION] must map the 
implied volatility of the option to one or more tenors specified in the 
risk factors definitions in Sec.  __.208(b)(2).
    (3) A [BANKING ORGANIZATION] must assign market risk covered 
positions that are options or positions with embedded options that do 
not have a maturity to the longest prescribed maturity tenor.
    (4) A [BANKING ORGANIZATION] must map market risk covered positions 
that are options or positions with embedded options that do not have a 
strike price, that have multiple strike prices, or are barrier options, 
to the strike prices and maturities used for models used to calculate 
vega sensitivity to value these positions.
Sec.  __.208 Sensitivities-Based Capital Requirement: Risk Factor 
Definitions
    (a) For purposes of calculating the sensitivities-based capital 
requirement, a [BANKING ORGANIZATION] must identify all of the relevant 
risk factors in accordance with the requirements in this section for 
its market risk covered positions. Where specified, a [BANKING 
ORGANIZATION] must use the tenors or maturities specified in this 
section and assign risk factors and corresponding sensitivities to 
specified tenors or maturities by linear interpolation or a method that 
is most consistent with the pricing functions used by the internal risk 
management models.
    (b) Risk factors for interest rate risk--(1) Delta risk factors for 
interest rate risk. The delta risk factors for interest rate risk are 
defined for each currency and consist of interest rate risk factors as 
well as inflation rate risk factors and cross-currency basis risk 
factors, as applicable.
    (i) For each currency, the delta risk factors for interest rate 
risk are defined along two dimensions:
    (A) An interest rate curve, for the currency, in which interest 
rate-sensitive market risk covered positions are denominated; and
    (B) Tenor: 0.25 years, 0.5 years, 1 year, 2 years, 3 years, 5 
years, 10 years, 15 years, 20 years, and 30 years.
    (ii) For each currency (each interest rate risk bucket), a [BANKING 
ORGANIZATION] must calculate, in addition to paragraph (b)(1)(i) of 
this section, separate delta sensitivities for each of the following 
delta risk factors, as applicable:
    (A) Inflation rate risk factors. Inflation rate risk factors apply 
to any market risk

[[Page 15217]]

covered position whose cash flows are functionally dependent on a 
measure of inflation (inflation positions). Inflation rate risk factors 
must be based on the market-implied inflation rates for each currency 
where term structure is not recognized. All inflation rate risk for a 
given currency must be aggregated as the sum of the delta sensitivities 
to the inflation rate risk factors of all inflation positions.
    (B) Cross-currency basis risk factors. The delta risk factors for 
interest rate risk include one of two possible cross-currency basis 
risk factors for each currency where term structure is not recognized. 
The two cross-currency basis risk factors are basis of each currency 
over USD or basis of each currency over EUR. Cross-currency bases that 
do not relate to either basis over USD or basis over EUR must be 
computed either on ``basis over USD'' or ``basis over EUR,'' but not 
both.
    (2) Vega risk factors for interest rate risk. The vega risk factors 
for interest rate risk are defined for each currency and consist of:
    (i) The implied volatilities of inflation rate risk-sensitive 
options as defined along paragraph (b)(2)(iii)(A) of this section;
    (ii) The implied volatilities of cross-currency basis risk-
sensitive options as defined along paragraph (b)(2)(iii)(A) of this 
section; and
    (iii) The implied volatilities of interest rate risk-sensitive 
options as defined along paragraphs (b)(2)(iii)(A) and (B) of this 
section.
    (A) The maturity of the option: 0.5 years, 1 year, 3 years, 5 
years, and 10 years; and
    (B) The residual maturity of the underlying instrument at the 
expiry date of the option: 0.5 years, 1 year, 3 years, 5 years, and 10 
years.
    (3) Curvature risk factors for interest rate risk. The curvature 
risk factors for interest rate risk are defined along one dimension, 
the relevant interest rate curve, per currency, where term structure is 
not recognized. To calculate curvature scenarios, a [BANKING 
ORGANIZATION] must shift all tenors provided in paragraph (b)(1)(i)(B) 
of this section, in parallel. There is no curvature capital requirement 
for inflation risk and cross-currency basis risks.
    (c) Risk factors for credit spread risk for non-securitization 
positions--(1) Delta risk factors for credit spread risk for non-
securitization positions. The delta risk factors for credit spread risk 
for non-securitization positions are defined along two dimensions:
    (i) The issuer credit spread curve; and
    (ii) Tenor: 0.5 years, 1 year, 3 years, 5 years, and 10 years.
    (2) Vega risk factors for credit spread risk for non-securitization 
positions. For each credit spread curve, the vega risk factors for 
credit spread risk for non-securitization positions are the implied 
volatilities of options as defined along one dimension for the maturity 
of the option: 0.5 years, 1 year, 3 years, 5 years, and 10 years.
    (3) Curvature risk factors for credit spread risk for non-
securitization positions. The curvature risk factors for credit spread 
risk for non-securitization positions are defined along the relevant 
issuer credit spread curves. For purposes of calculating curvature 
scenarios, a [BANKING ORGANIZATION] must ignore the bond-CDS basis and 
treat the bond-inferred spread curve of an issuer and the CDS-inferred 
spread curve of that same issuer as a single spread curve. To calculate 
curvature scenarios, a [BANKING ORGANIZATION] must shift all tenors 
provided in paragraph (c)(1)(ii) of this section, in parallel.
    (d) Risk factors for credit spread risk for securitization 
positions non-CTP--(1) Delta risk factors for credit spread risk for 
securitization positions non-CTP. The delta risk factors for credit 
spread risk for securitization positions non-CTP are defined along two 
dimensions:
    (i) The tranche credit spread curve; and
    (ii) Tenor of the tranche: 0.5 years, 1 year, 3 years, 5 years, and 
10 years.
    (2) Vega risk factors for credit spread risk for securitization 
positions non-CTP. For each tranche credit spread curve, the vega risk 
factors for credit spread risk for securitization positions non-CTP are 
the implied volatilities of options as defined along one dimension for 
the maturity of the option: 0.5 years, 1 year, 3 years, 5 years, and 10 
years.
    (3) Curvature risk factors for credit spread risk for 
securitization positions non-CTP. The curvature risk factors for credit 
spread risk for securitization positions non-CTP are defined along one 
dimension, the relevant tranche credit spread curves. For purposes of 
calculating curvature scenarios, a [BANKING ORGANIZATION] must ignore 
the bond-CDS basis and treat the bond-inferred spread curve of a 
tranche and the CDS-inferred spread curve of that same tranche as a 
single spread curve. To calculate curvature scenarios, a [BANKING 
ORGANIZATION] must shift all tenors provided in paragraph (d)(1)(ii) of 
this section in parallel.
    (e) Risk factors for credit spread risk for correlation trading 
positions--(1) Delta risk factors for credit spread risk for 
correlation trading positions. The delta risk factors for credit spread 
risk for correlation trading positions are defined along two 
dimensions:
    (i) The underlying credit spread curve; and
    (ii) Tenor of the underlying name: 0.5 years, 1 year, 3 years, 5 
years, and 10 years.
    (2) Vega risk factors for credit spread risk for correlation 
trading positions. For each underlying credit spread curve, the vega 
risk factors for the credit spread risk for correlation trading 
positions are the implied volatilities of options as defined along one 
dimension for the maturity of the option: 0.5 years, 1 year, 3 years, 5 
years, and 10 years.
    (3) Curvature risk factors for credit spread risk for correlation 
trading positions. The curvature risk factors for credit spread risk 
for correlation trading positions are defined along one dimension, the 
relevant underlying credit spread curves. For purposes of calculating 
curvature scenarios, a [BANKING ORGANIZATION] must disregard the bond-
CDS basis and treat the bond-inferred spread curve of a given name in 
an index and the CDS-inferred spread curve of that same underlying name 
as a single spread curve. To calculate curvature scenarios, a [BANKING 
ORGANIZATION] must shift all tenors provided in paragraph (e)(1)(ii) of 
this section in parallel.
    (f) Risk factors for equity risk--(1) Delta risk factors for equity 
risk. The delta risk factors for equity risk are defined for each 
issuer and consist of equity spot prices and equity repo rates, as 
appropriate.
    (2) Vega risk factors for equity risk. The vega risk factors for 
equity risk are defined for each issuer and consist of the implied 
volatilities of the spot prices of equity risk-sensitive options as 
defined along the maturity of the option: 0.5 years, 1 year, 3 years, 5 
years, and 10 years.
    (3) Curvature risk factors for equity risk. The curvature risk 
factors for equity risk are defined for each issuer and consist of all 
equity spot prices. There are no curvature risk factors for equity repo 
rates.
    (g) Risk factors for commodity risk--(1) Delta risk factors for 
commodity risk. The delta risk factors for commodity risk are all 
commodity spot prices or forward prices and are defined along two 
dimensions for each commodity:
    (i) The contracted delivery location of the commodity; and
    (ii) Remaining maturity of the contract: 0 years, 0.25 years, 0.5 
years, 1 year, 2 years, 3 years, 5 years, 10 years, 15 years, 20 years, 
and 30 years.

[[Page 15218]]

    (2) Vega risk factors for commodity risk. The vega risk factors for 
commodity risk are the implied volatilities of commodity-sensitive 
options as defined along one dimension for each commodity, the maturity 
of the option: 0.5 years, 1 year, 3 years, 5 years, and 10 years.
    (3) Curvature risk factors for commodity risk. The curvature risk 
factors for commodity risk are defined along one dimension per 
commodity, the constructed curve per commodity spot prices or forward 
prices, consistent with the delta risk factor, where term structure is 
not recognized. For the calculation of sensitivities, all tenors 
provided in paragraph (g)(1)(ii) of this section, are to be shifted in 
parallel.
    (h) Risk factors for foreign exchange risk--(1) Delta risk factors 
for foreign exchange risk. The delta risk factors for foreign exchange 
risk are all the exchange rates between the currency in which a market 
risk covered position is denominated and the reporting currency.
    (i) For market risk covered positions that reference an exchange 
rate between a pair of non-reporting currencies, the delta risk factors 
for foreign exchange risk are all the exchange rates between:
    (A) The reporting currency; and
    (B) The currency in which a market risk covered position is 
denominated and any other currencies referenced by the market risk 
covered position.
    (ii) Alternatively, a [BANKING ORGANIZATION] may calculate delta 
risk factors for foreign exchange risk relative to a base currency 
instead of the reporting currency if approved by the [AGENCY]. In such 
case a [BANKING ORGANIZATION] must account for the foreign exchange 
risk against the base currency and the foreign exchange risk between 
the reporting currency and the base currency (i.e., translation risk). 
The resulting foreign exchange risk calculated relative to the base 
currency must be converted to the capital requirements in the reporting 
currency using the spot reporting/base exchange rate reflecting the 
foreign exchange risk between the base currency and the reporting 
currency.
    (A) To use this alternative, a [BANKING ORGANIZATION] may only 
consider a single currency as its base currency; and
    (B) A [BANKING ORGANIZATION] must demonstrate to the [AGENCY] that 
calculating foreign exchange risk relative to its base currency 
provides an appropriate risk representation of the [BANKING 
ORGANIZATION]'s market risk covered positions and that the translation 
risk between the base currency and the reporting currency is addressed.
    (2) Vega risk factors for foreign exchange risk. The vega risk 
factors for foreign exchange risk-sensitive options are the implied 
volatility of options that reference exchange rates between currency 
pairs defined along the maturity of the option: 0.5 years, 1 year, 3 
years, 5 years, and 10 years.
    (3) Curvature risk factors for foreign exchange risk. The curvature 
risk factors for foreign exchange risk are all the exchange rates 
between the currency in which a market risk covered position is 
denominated and the reporting currency.
    (i) For market risk covered positions that reference an exchange 
rate between a pair of non-reporting currencies, the curvature risk 
factors for foreign exchange risk are all the exchange rates between:
    (A) The reporting currency; and
    (B) The currency in which a market risk covered position is 
denominated and any other currencies referenced by the market risk 
covered position.
    (ii) If the [BANKING ORGANIZATION] has received prior approval of 
the [AGENCY] to use the base currency approach in paragraph (h)(1)(ii) 
of this section, curvature risk factors for foreign exchange risk must 
be calculated relative to the base currency instead of the reporting 
currency, and then converted to the capital requirements in the 
reporting currency using the spot reporting/base exchange rate.
Sec.  __.209 Sensitivities-Based Method: Definitions of Buckets, Risk 
Weights and Correlation Parameters
    (a) For the purpose of calculating the sensitivities-based capital 
requirement, a [BANKING ORGANIZATION] must identify all of the relevant 
buckets, corresponding risk weights and correlation parameters for each 
risk class as provided in paragraph (b) of this section (delta capital 
requirement), paragraph (c) of this section (vega capital requirement), 
and paragraph (d) of this section (curvature capital requirement), for 
its market risk covered positions.
    (b) Delta capital requirement--(1) Delta buckets, risk weights, and 
correlations for interest rate risk. (i) A [BANKING ORGANIZATION] must 
establish a separate interest rate risk bucket for each currency.
    (ii) For calculating risk-weighted delta sensitivities, the risk 
weights for each tenor of an interest rate curve are set out in Table 1 
to Sec.  __.209.
[GRAPHIC] [TIFF OMITTED] TP27MR26.181

    (iii) The risk weight for inflation rate risk factors and cross-
currency basis risk factors equals 1.6 percent.
    (iv) For United States Dollar, Australian Dollar, Canadian Dollar, 
Euro, Japanese Yen, Swedish Krona, and United Kingdom Pound, and any 
other currencies specified by the [AGENCY], a [BANKING ORGANIZATION] 
may divide the risk weights in paragraphs (b)(1)(ii) and (iii) of this 
section by [radic]2.

[[Page 15219]]

    (v) For purposes of aggregating risk-weighted delta sensitivities 
of interest rate risk within a bucket as specified in Sec.  
__.206(b)(2), a [BANKING ORGANIZATION] must use the following 
correlation parameters:
    (A) The correlation parameter [rho]kl between risk-weighted delta 
sensitivities WSk and WSl within the same bucket, with the same tenor 
but different interest rate curves equals 99.9 percent.
    (B) The correlation parameter [rho]kl between risk-weighted delta 
sensitivities WSk and WSl within the same bucket, with different tenors 
and the same interest rate curve are set out in Table 2 to Sec.  
__.209.
[GRAPHIC] [TIFF OMITTED] TP27MR26.182

    (C) The correlation parameter [rho]kl between risk-weighted delta 
sensitivities WSk and WSl within the same bucket, with different tenors 
and different interest rate curves equals the correlation parameter 
[rho]kl specified in Table 2 to Sec.  __.209 multiplied by 99.9 
percent.
    (D) The correlation parameter [rho]kl between risk-weighted delta 
sensitivities WSk and WSl to different inflation curves within the same 
bucket equals 99.9 percent.
    (E) The correlation parameter [rho]kl between a risk-weighted delta 
sensitivity WSk to the inflation curve and a risk weighted delta 
sensitivity WSl to a given tenor of the relevant interest rate curve 
equals 40 percent.
    (F) The correlation parameter [rho]kl equals zero percent between 
risk-weighted delta sensitivity WSk to a cross-currency basis curve and 
a risk weighted delta sensitivity WSl to each of the following curves:
    (1) A given tenor of the relevant interest rate curve;
    (2) The inflation curve; and
    (3) Any other cross-currency basis curve.
    (vi) For purposes of aggregating delta bucket-level risk positions 
across buckets within the interest rate risk class as specified in 
Sec.  __.206(b)(3), the cross-bucket correlation parameter Ybc equals 
50 percent.
    (2) Delta buckets, risk weights, and correlations for credit spread 
risk for non-securitizations. (i) For credit spread risk for non-
securitizations, a [BANKING ORGANIZATION] must establish buckets along 
two dimensions, credit quality and sector, as set out in Table 3 to 
Sec.  __.209. In assigning a delta sensitivity to a sector, a [BANKING 
ORGANIZATION] must follow market convention. A [BANKING ORGANIZATION] 
must assign each delta sensitivity to one and only one of the sector 
buckets in Table 3 to Sec.  __.209. Delta sensitivities that a [BANKING 
ORGANIZATION] cannot assign to a sector must be assigned to the other 
sector, bucket 18 in Table 3 to Sec.  __.209.
    (ii) For calculating risk weighted delta sensitivities for credit 
spread risk for non-securitizations, a [BANKING ORGANIZATION] must use 
the risk weights in Table 3 to Sec.  __.209. The risk weights are the 
same for all tenors within a bucket.
BILLING CODE 4810-33-6210-01-6714-01-P

[[Page 15220]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.183


[[Page 15221]]


[GRAPHIC] [TIFF OMITTED] TP27MR26.184

BILLING CODE 4810-33-6210-01-6714-01-C
    (iii) For purposes of aggregating risk weighted delta sensitivities 
of credit spread risk for non-securitizations within a bucket as 
specified in Sec.  __.206(b)(2), a [BANKING ORGANIZATION] must use the 
following correlation parameters:
    (A) For buckets 1 to 17, the correlation parameter [rho]kl between 
risk weighted delta sensitivities WSk and WSl equals:

[GRAPHIC] [TIFF OMITTED] TP27MR26.185


Where:

(1) [rho](name)kl equals 100 percent if the two names of the delta 
sensitivities to risk factors k and l are identical, and 35 percent 
otherwise;
(2) [rho](tenor)kl equals 100 percent if the two tenors of the delta 
sensitivities to risk factors k and l are identical, and 65 percent 
otherwise; and
(3) [rho](basis)kl equals 100 percent if the two delta sensitivities 
are related to the same curve, and 99.9 percent otherwise.

    (B) For bucket 18, the risk delta bucket level risk position equals 
the sum of the absolute values of the risk weighted delta sensitivities 
allocated to this bucket,
[GRAPHIC] [TIFF OMITTED] TP27MR26.186

    (C) For buckets 19 and 20, the correlation parameter [rho]kl 
between risk weighted delta sensitivities WSk and WSl equals:

[GRAPHIC] [TIFF OMITTED] TP27MR26.187


Where:
[GRAPHIC] [TIFF OMITTED] TP27MR26.188

    (iv) For purposes of aggregating delta bucket-level risk 
positions across buckets within the credit spread risk for non-
securitizations risk class as specified in Sec.  __.206(b)(3), a 
[BANKING ORGANIZATION] must calculate the cross-bucket correlation 
parameter [gamma]bc as follows:
[GRAPHIC] [TIFF OMITTED] TP27MR26.189

Where:

[[Page 15222]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.190

[GRAPHIC] [TIFF OMITTED] TP27MR26.191

    (3) Delta buckets, risk weights, and correlations for credit spread 
risk for correlation trading positions. (i) For credit spread risk for 
correlation trading positions, a [BANKING ORGANIZATION] must establish 
buckets along two dimensions, credit quality and sector as set out in 
Table 5 to Sec.  __.209. In assigning a delta sensitivity to a sector, 
a [BANKING ORGANIZATION] must follow market convention. A [BANKING 
ORGANIZATION] must assign each delta sensitivity to one and only one of 
the sector buckets in Table 5 to Sec.  __.209. Delta sensitivities that 
a [BANKING ORGANIZATION] cannot assign to a sector must be assigned to 
the other sector, bucket 16 in Table 5 to Sec.  __.209.
    (ii) For calculating risk weighted delta sensitivities for credit 
spread risk for correlation trading positions, a [BANKING ORGANIZATION] 
must use

[[Page 15223]]

the risk weights in Table 5 to Sec.  __.209. The risk weights are the 
same for all tenors within a bucket.
[GRAPHIC] [TIFF OMITTED] TP27MR26.192

    (iii) For purposes of aggregating risk weighted delta sensitivities 
of credit spread risk for correlation trading positions within a bucket 
as specified in Sec.  __.206(b)(2), a [BANKING ORGANIZATION] must use 
the following correlation parameters:
    (A) For buckets 1 to 15, the correlation parameter rkl between risk 
weighted delta sensitivities WSk and WSl equals:
[GRAPHIC] [TIFF OMITTED] TP27MR26.193

Where:

[[Page 15224]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.194

    (B) For bucket 16, the delta bucket-level risk position equals the 
sum of the absolute values of the risk weighted delta sensitivities 
allocated to this bucket,
[GRAPHIC] [TIFF OMITTED] TP27MR26.195

    (C) For purposes of aggregating delta bucket-level risk positions 
across buckets within the credit spread risk for correlation trading 
positions risk class as specified in Sec.  __.206(b)(3), a [BANKING 
ORGANIZATION] must calculate the cross-bucket correlation parameter Ybc 
as follows:
[GRAPHIC] [TIFF OMITTED] TP27MR26.196

Where:
[GRAPHIC] [TIFF OMITTED] TP27MR26.197

[GRAPHIC] [TIFF OMITTED] TP27MR26.198


[[Page 15225]]


    (4) Delta buckets, risk weights, and correlations for credit spread 
risk for securitization positions non-CTP. (i) For credit spread risk 
for securitization positions non-CTP, a [BANKING ORGANIZATION] must 
establish buckets along two dimensions, credit quality and sector, as 
set out in Table 7 to Sec.  __.209. In assigning a delta sensitivity to 
a credit quality, a [BANKING ORGANIZATION] must take into account the 
structural features of the securitization position non-CTP. In 
assigning a delta sensitivity to a sector, a [BANKING ORGANIZATION] 
must follow market convention. Delta sensitivities of any tranche that 
a [BANKING ORGANIZATION] cannot assign to a sector must be assigned to 
the other sector bucket.
    (ii) For calculating risk weighted delta sensitivities for credit 
spread risk for securitization positions non-CTP, a [BANKING 
ORGANIZATION] must use the risk weights in Table 7 to Sec.  __.209.

[[Page 15226]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.199

    (iii) For purposes of aggregating risk weighted delta sensitivities 
of credit spread risk for securitization positions non-CTP within a 
bucket as specified in Sec.  __.206(b)(2), a [BANKING ORGANIZATION] 
must use the following correlation parameters:
    (A) For buckets 1 through 24, the correlation parameter rkl between 
risk weighted delta sensitivities WSk and WSl , equals:

[[Page 15227]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.200

Where:
[GRAPHIC] [TIFF OMITTED] TP27MR26.201

    (B) For bucket 25, the delta bucket-level risk position equals the 
sum of the absolute values of the risk weighted delta sensitivities 
allocated to this bucket,
[GRAPHIC] [TIFF OMITTED] TP27MR26.202

    (iv) For purposes of aggregating delta bucket-level risk positions 
across buckets within the credit spread risk for securitization 
positions non-CTP risk class as specified in Sec.  __.206(b)(3), the 
cross-bucket correlation parameter equals zero percent.
    (5) Delta buckets, risk weights, and correlations for equity risk. 
(i) For equity risk, a [BANKING ORGANIZATION] must establish buckets 
along three dimensions, market capitalization, economy and sector as 
set out in Table 8 to Sec.  __.209. To assign a delta sensitivity to an 
economy, a [BANKING ORGANIZATION], at least annually, must review and 
update the countries and territorial entities that satisfy the 
requirements of a liquid market economy using the most recent economic 
data available. To assign a delta sensitivity to a sector, a [BANKING 
ORGANIZATION] must follow market convention by using classifications 
that are commonly used in the market for grouping issuers by industry 
sector. A [BANKING ORGANIZATION] must assign each issuer to one of the 
sector buckets and must assign all issuers from the same industry to 
the same sector. Delta sensitivities of any equity issuer that a 
[BANKING ORGANIZATION] cannot assign to a sector must be assigned to 
the other sector. For multinational, multi-sector equity issuers, the 
allocation to a particular bucket must be done according to the most 
material economy and sector in which the issuer operates.
    (ii) For calculating risk weighted delta sensitivities for equity 
risk, a [BANKING ORGANIZATION] must use the risk weights in Table 8 to 
Sec.  __.209.

[[Page 15228]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.203

    (iii) For purposes of aggregating risk weighted delta sensitivities 
of equity risk within a bucket as specified in Sec.  __.206(b)(2), a 
[BANKING ORGANIZATION] must use the following correlation parameters:
    (A) For buckets 1 through 10 and 12 through 13, the correlation 
parameter pkl between two risk weighted delta sensitivities WSk and WSl 
is as follows:
    (1) pkl equals 99.9 percent, where one delta sensitivity is to an 
equity spot

[[Page 15229]]

price and the other delta sensitivity is to an equity repo rate, and 
both are related to the same equity issuer;
    (2) Where both delta sensitivities are to equity spot prices, or 
both delta sensitivities are to equity repo rates, pkl equals:
    (i) 15 percent between delta sensitivities assigned to buckets 1, 
2, 3, and 4 of Table 8 to Sec.  __.209 (large market cap, emerging 
market economy);
    (ii) 25 percent between delta sensitivities assigned to buckets 5, 
6, 7, or 8 of Table 8 to Sec.  __.209 (large market cap, liquid market 
economy);
    (iii) 7.5 percent between delta sensitivities assigned to bucket 9 
of Table 8 to Sec.  __.209 (small market cap, emerging market economy);
    (iv) 12.5 percent between delta sensitivities assigned to bucket 10 
of Table 8 to Sec.  __.209 (small market cap, liquid market economy); 
and
    (v) 80 percent between delta sensitivities assigned to buckets 12 
or 13 of Table 8 to Sec.  __.209 (either index bucket); and
    (3) Where one delta sensitivity is to an equity spot price and the 
other delta sensitivity is to an equity repo rate, and each delta 
sensitivity is related to a different equity issuer, the applicable 
correlation parameter equals pkl, as defined in paragraph 
(b)(5)(iii)(A)(2) of this section, multiplied by 99.9 percent; and
    (B) For bucket 11, the delta bucket-level risk position equals the 
sum of the absolute values of the risk weighted delta sensitivities 
allocated to this bucket,
[GRAPHIC] [TIFF OMITTED] TP27MR26.204

    (iv) For purposes of aggregating delta bucket-level risk positions 
across buckets within the equity risk class as specified in Sec.  
__.206(b)(3), the cross-bucket correlation parameter ybc equals:
    (A) 15 percent if bucket b and bucket c fall within buckets 1 to 10 
of Table 8 to Sec.  __.209;
    (B) Zero percent if either of bucket b and bucket c is bucket 11 of 
Table 8 to Sec.  __.209;
    (C) 75 percent if bucket b and bucket c are buckets 12 and 13 of 
Table 8 to Sec.  __.209 (i.e., one is bucket 12 and one is bucket 13); 
and
    (D) 45 percent otherwise.
    (6) Delta buckets, risk weights, and correlations for commodity 
risk.
    (i) For commodity risk, a [BANKING ORGANIZATION] must establish 
buckets for each commodity type as set out in Table 9 to Sec.  __.209. 
A [BANKING ORGANIZATION] must assign each contract to one of the 
commodity buckets and must assign all contracts with the same 
underlying commodity to the same bucket. Delta sensitivities of any 
contract that a [BANKING ORGANIZATION] cannot assign to a commodity 
type must be assigned to the other commodity bucket.
    (ii) For calculating risk weighted delta sensitivities for 
commodity risk, a [BANKING ORGANIZATION] must use the risk weights in 
Table 9 to Sec.  __.209.

[[Page 15230]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.205

    (iii) For purposes of aggregating risk weighted delta sensitivities 
of commodity risk within a bucket as specified in Sec.  __.206(b)(2), a 
[BANKING ORGANIZATION] must use the following correlation parameters:

[[Page 15231]]

    (A) For buckets 1 through 12, the correlation parameter pkl between 
two risk weighted delta sensitivities WSk and WSl equals:
[GRAPHIC] [TIFF OMITTED] TP27MR26.206

Where:
[GRAPHIC] [TIFF OMITTED] TP27MR26.207

[GRAPHIC] [TIFF OMITTED] TP27MR26.208

    (iv) For purposes of aggregating delta bucket-level risk positions 
across buckets within the commodity risk class as specified in Sec.  
__.206(b)(3), the cross-bucket correlation parameter ybc equals:
    (A) 20 percent if bucket b and bucket c fall within buckets 1 to 10 
or 12 of Table 10 to Sec.  __.209; and
    (B) Zero percent if either bucket b or bucket c is bucket number 11 
of Table 10 to Sec.  __.209.
    (7) Delta buckets, risk weights, and correlations for foreign 
exchange risk. (i) For foreign exchange risk, a [BANKING ORGANIZATION] 
must establish buckets for each exchange rate between the currency in 
which a market risk covered position is denominated and the reporting 
currency (or alternative base currency).
    (ii) For calculating risk weighted delta sensitivities for foreign 
exchange risk, a [BANKING ORGANIZATION] must apply a risk weight equal 
to 15 percent, except for any currency pair formed by the following 
list of currencies, a [BANKING ORGANIZATION] may divide the above risk 
weight by the [radic]2: United States Dollar, Australian Dollar, 
Brazilian Real, Canadian Dollar, Chinese Yuan, Euro, Hong Kong Dollar, 
Indian Rupee, Japanese Yen, Mexican Peso, New Zealand Dollar, Norwegian 
Krone, Singapore Dollar, South African Rand, South Korean Won, Swedish 
Krona, Swiss Franc, Turkish Lira, United Kingdom Pound, and any 
additional currencies specified by the [AGENCY].
    (iii) For purposes of aggregating delta bucket-level risk positions 
across buckets within the foreign exchange risk

[[Page 15232]]

class, the cross-bucket correlation parameter gbc equals 60 percent.
    (c) Vega capital requirement--(1) Vega buckets. For each risk 
class, a [BANKING ORGANIZATION] must use the same buckets as specified 
in paragraph (b) of this section for the calculation of the vega 
capital requirement.
    (2) Vega risk weights. For calculating risk weighted sensitivities 
for vega risk as described in Sec.  __.206(c)(1), a [BANKING 
ORGANIZATION] must use the corresponding risk weight for each risk 
class specified in Table 11 to Sec.  __.209.
    (i) Equity risk (large market cap and indices) applies to vega risk 
factors that correspond to buckets 1 to 8, 12 and 13 of Table 8 to 
Sec.  __.209.
    (ii) Equity risk (small market cap and other sector) applies to 
vega risk factors that correspond to buckets 9 to 11 of Table 8 to 
Sec.  __.209.
[GRAPHIC] [TIFF OMITTED] TP27MR26.209

    (3) Vega correlation parameters. For purposes of aggregating risk 
weighted vega sensitivities within a bucket as specified in Sec.  
__.206(c)(2) a [BANKING ORGANIZATION] must use the following 
correlation parameters:
    (i) For interest rate risk, where tenor is a dimension of the risk 
factor, correlation parameter rkl equals:
[GRAPHIC] [TIFF OMITTED] TP27MR26.210


Where:

[[Page 15233]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.211

    (ii) Except as noted in paragraph (c)(3)(iii) of this section, for 
purposes of aggregating risk weighted vega sensitivities within a 
bucket of:
    (A) Interest rate risk, where term structure is not recognized 
(inflation rate risk factors and cross-currency basis risk factors); 
and
    (B) The other risk classes (numbered 2 through 8 in Table 11 to 
Sec.  __.209), the correlation parameter rkl equals:
[GRAPHIC] [TIFF OMITTED] TP27MR26.212


Where:
[GRAPHIC] [TIFF OMITTED] TP27MR26.213


[[Page 15234]]


[GRAPHIC] [TIFF OMITTED] TP27MR26.214

    (iii) For purposes of aggregating risk weighted vega sensitivities 
within the other sector buckets (for credit spread risk for non-
securitizations, bucket 18 in Table 3 to Sec.  __.209, for credit 
spread risk for correlation trading positions, bucket 16 in Table 5 to 
Sec.  __.209, for credit spread risk for securitization positions non-
CTP, bucket 25 in Table 7 to Sec.  __.209, and for equity risk, bucket 
11 in Table 8 to Sec.  __.209), the vega bucket-level risk position 
equals the sum of the absolute values of the risk weighted vega 
sensitivities allocated to this bucket.
    (iv) For purposes of aggregating vega bucket-level risk positions 
across different buckets within a risk class as specified in Sec.  
__.206(c)(3), a [BANKING ORGANIZATION] must use the same cross-bucket 
correlation parameters gbc as specified for delta risk in paragraph (b) 
of this section.
    (d) The curvature capital requirement--(1) Curvature buckets. For 
each risk class, a [BANKING ORGANIZATION] must use the same buckets as 
specified in paragraph (b) of this section for the calculation of the 
curvature capital requirement.
    (2) Curvature risk weights. (i) For calculating the net curvature 
risk position CVRk, as described in Sec.  __.206(d)(1), for the risk 
classes of foreign exchange risk and equity risk, the curvature risk 
weight that represents a shock to risk factor k is a relative shift 
equal to the delta risk weight corresponding to risk factor k.
    (A) For options that do not reference a [BANKING ORGANIZATION]'s 
reporting currency or base currency as an underlying exposure, a 
[BANKING ORGANIZATION] may divide the net curvature risk positions 
CVR+k and CVR-kfor foreign exchange risk by a 
scalar of 1.5.
    (B) A [BANKING ORGANIZATION] may apply the scalar of 1.5 
consistently to all market risk covered positions subject to foreign 
exchange risk, provided curvature scenarios are calculated for all 
currencies, including curvature scenarios calculated by shocking the 
reporting currency (or base currency where used) relative to all other 
currencies.
    (ii) For calculating the net curvature risk position CVRk, as 
described in Sec.  __.206(d)(1), for the risk classes below, the 
curvature risk weight corresponding to risk factor k is the consistent, 
relative shock to all tenor points for each curve based on the highest 
prescribed delta risk weight for each bucket:
    (A) Interest rate risk;
    (B) Credit spread risk for non-securitization positions;
    (C) Credit spread risk for correlation trading positions;
    (D) Credit spread risk for securitization positions non-CTP; and
    (E) Commodity risk.
    (iii) A [BANKING ORGANIZATION] may floor credit spreads at zero in 
cases where applying the delta risk weight described in paragraph 
(d)(2)(ii) of this section results in negative credit spreads for the 
credit spread risk classes referenced in paragraphs (d)(2)(ii)(B) 
through (D) of this section.
    (3) Curvature correlation parameters. For purposes of aggregating 
the net curvature risk positions within a bucket as described in Sec.  
__.206(d)(2), a [BANKING ORGANIZATION] must use the following 
correlation parameters:
    (i) Except as noted in paragraph (d)(3)(vi) of this section, for 
the risk class of interest rate risk, the curvature risk correlation 
parameter, rkl, equals 99.8 percent where risk factors k and l relate 
to different interest rate curves and 100 percent otherwise;
    (ii) Except as noted in paragraph (d)(3)(vi) of this section, for 
the risk classes of credit spread risk for non-securitization positions 
and credit spread risk for correlation trading positions, the curvature 
risk correlation parameter, rkl, equals the corresponding delta 
correlation parameter,
[GRAPHIC] [TIFF OMITTED] TP27MR26.215

as specified in paragraphs (b)(2)(iii)(A)(1) and (b)(3)(iii)(A)(1) of 
this section, respectively, squared.
    (iii) Except as noted in paragraph (d)(3)(vi) of this section, for 
the risk class of credit spread risk for securitization positions non-
CTP, the curvature risk correlation parameter, rkl, equals the 
corresponding delta correlation parameter,

[[Page 15235]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.216

as specified in paragraph (b)(4)(iii)(A) of this section, squared;
    (iv) Except as noted in paragraph (d)(3)(vi) of this section, for 
the risk class of commodity risk, the curvature risk correlation 
parameter, rkl, equals the corresponding delta correlation parameter,
[GRAPHIC] [TIFF OMITTED] TP27MR26.217

as specified in paragraph (b)(6)(iii)(A)(1) of this section, squared;
    (v) Except as noted in paragraph (d)(3)(vi) of this section, for 
the risk class of equity risk, the curvature risk correlation parameter 
equals the corresponding delta correlation parameters, rkl, as 
specified in paragraph (b)(5)(iii)(A)(2) of this section, squared;
    (vi) For purposes of aggregating the net curvature risk positions 
within the other sector buckets (for credit spread risk for non-
securitizations, bucket 18 in Table 3 to Sec.  __.209, for credit 
spread risk for correlation trading positions, bucket 16 in Table 5 to 
Sec.  __.209, for credit spread risk for securitization positions non-
CTP, bucket 25 in Table 7 to Sec.  __.209, and for equity risk, bucket 
11 in Table 8 to Sec.  __.209), the curvature bucket-level risk 
position equals:
[GRAPHIC] [TIFF OMITTED] TP27MR26.218

    (4) For purposes of aggregating curvature bucket-level risk 
positions across buckets within each risk class as specified in Sec.  
__.206(d)(3), a [BANKING ORGANIZATION] must calculate the cross-bucket 
correlation parameters [ggr]bc for curvature risk by squaring the 
corresponding delta correlation parameters [ggr]bc.
    (5) In applying the high and low correlations scenarios in Sec.  
__.206(e), a [BANKING ORGANIZATION] must calculate the curvature 
capital requirements by applying the correlation parameters rkl as 
calculated in paragraph (d)(3) of this section and the cross-bucket 
correlation parameter [ggr]bc as calculated in paragraph (d)(4) of this 
section.
Sec.  __.210 Default Risk Capital Requirement
    (a) Overview of the default risk capital requirements. (1) A 
[BANKING ORGANIZATION] must calculate default risk capital requirements 
for its default risk positions across the following default risk 
categories:
    (i) Non-securitization debt or equity positions, other than U.S. 
sovereign exposures, specified supranational entities, or MDBs;
    (ii) Securitization positions non-CTP; and
    (iii) Correlation trading positions.
    (2) For each default risk category, the default risk capital 
requirement must be calculated as follows:
    (i) Assign each default risk position to one of the prescribed 
buckets.
    (ii) Calculate the gross default exposure for each default risk 
position.
    (iii) Calculate obligor-level net default exposure by offsetting, 
where permissible, the gross default exposure amounts of long and short 
default risk positions.
    (A) To account for defaults within the one-year capital horizon, a 
[BANKING ORGANIZATION] must scale the gross default exposures for 
default risk positions of maturity less than one year, and their 
hedges, by the corresponding fraction of a year. The maturity weighting 
applied to the gross default exposure for any default risk position 
with a maturity of less than three months (such as short-term lending) 
must be floored at three months. No scaling is applied to the gross 
default exposures for default risk positions with maturities of one 
year or greater.
    (1) A [BANKING ORGANIZATION] may assign unhedged cash equity 
positions to a maturity of either three months or one year. For cash 
equity positions that hedge derivative contracts, a [BANKING 
ORGANIZATION] may assign the same maturity to the cash equity position 
as the maturity of the derivative contract it hedges.
    (2) For derivative transactions, eligibility for offsetting 
treatment is determined by the maturity of the derivative contract, not 
the maturity of the underlying. In the case where a default risk 
position can be delivered into a derivative contract that it hedges in 
fulfillment of the contract, a [BANKING ORGANIZATION] may align the 
maturity of the default risk position with the derivative contract it 
hedges to permit full offsetting.
    (B) A [BANKING ORGANIZATION] may offset gross default exposures of 
different maturities that meet the offsetting criterion specified for 
the default risk category as follows:
    (1) Gross default exposures with maturities longer than the one-
year capital horizon may be fully offset;
    (2) Gross default exposures with a mix of long and short exposures 
where some maturities are less than the one-year capital horizon must 
be weighted by the ratio of each gross default exposure's maturity 
relative to the one-year capital horizon. In the case where long and 
short gross default exposures both have maturities under the one-year 
capital horizon, scaling must be applied to both the long and short 
gross default exposure.
    (iv) Within a bucket, a [BANKING ORGANIZATION] must:
    (A) Calculate a hedge benefit ratio (HBR) to recognize hedging 
between long and short net default exposures within a bucket as 
follows:

[[Page 15236]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.219

Where:

(1) Net default exposure(long) equals the aggregate net long default 
exposure, calculated as the simple sum of the net long default 
exposures across obligors;
(2) Net default exposure(short) equals the aggregate net short 
default exposure, calculated as the simple sum of the net short 
default exposures across obligors.
    (B) Assign risk weights to the obligor-level net default exposures 
using the corresponding risk weights specified for the default risk 
category; and

    (C) Generate bucket-level default risk capital requirements by 
aggregating risk weighted obligor-level net default exposures according 
to the specified aggregation formulas in paragraphs (b)(3)(ii), 
(c)(3)(iii) and (d)(3)(iv) of this section.
    (v) The default risk capital requirement for non-securitization 
debt and equity positions or securitization positions non-CTP equals 
the sum of the bucket-level default risk capital requirements.
    (3) The default risk capital requirement for correlation trading 
positions must be calculated in accordance with the aggregation formula 
in paragraph (d)(3)(v) of this section, provided that such positions 
may be decomposed into single positions, applying the appropriate loss 
given default rates and risk weights for non-securitization debt or 
equity positions, specified below.
    (4) A [BANKING ORGANIZATION] may not recognize any diversification 
benefits across default risk categories. The overall default risk 
capital requirement is the sum of the default risk capital requirement 
for each default risk category.
    (b) Default risk capital requirement for non-securitization debt or 
equity positions--(1) Gross default exposure. (i) A [BANKING 
ORGANIZATION] must calculate the gross default exposure for each non-
securitization debt or equity position.
    (ii) A [BANKING ORGANIZATION] must determine the long and short 
direction of a gross default exposure with respect to whether there 
would be a loss (long) or a gain (short) in the event of a default.
    (iii) A [BANKING ORGANIZATION] must calculate the gross default 
exposure based on the loss given default (LGD) rate, notional amount 
(or face value) and the cumulative profit and loss (P&L) already 
realized on the non-securitization position, as follows:
    Gross default exposure(long) = max((LGD rate x national amount + 
P&L), 0),
    Gross default exposure(short) = max((LGD rate x national amount + 
P&L), 0),
    (iv) A [BANKING ORGANIZATION] must assign LGD rates to non-
securitization debt or equity positions as follows:
    (A) 100 percent for equity, non-senior debt and defaulted 
positions;
    (B) 75 percent for senior debt, unless a lower LGD is assigned;
    (C) 75 percent for GSE debt issued, but not guaranteed, by GSEs;
    (D) 50 percent for positions in a PSE that is organized under the 
laws of the United States or any state or political subdivision 
thereof;
    (E) 25 percent for GSE debt guaranteed by GSEs;
    (F) 25 percent for covered bonds; and
    (G) Zero percent if the value of the non-securitization debt or 
equity position is not linked to the recovery rate of the defaulter.
    (v) For credit derivatives, a [BANKING ORGANIZATION] must use the 
LGD rate of the reference exposure.
    (vi) A [BANKING ORGANIZATION] must reflect the notional amount of a 
non-securitization debt or equity position that gives rise to a long 
(short) gross default exposure as a positive (negative) value and the 
loss (gain) as a negative (positive) value. If the contractual or legal 
terms of the derivative contract allow for the unwinding of the 
instrument, with no exposure to default risk, the gross default 
exposure equals zero.
    (vii) For all non-securitization debt or equity positions, the 
notional amount equals the amount of the non-securitization debt or 
equity position relative to which the loss of principal is calculated. 
For a call option on a non-securitization position, the notional amount 
to be used in the gross default exposure calculation is zero.
    (2) Net default exposure. To calculate the net default exposure to 
an obligor, a [BANKING ORGANIZATION] must sum the maturity-weighted 
default exposures to the issuer and in doing so, may offset long and 
short gross default exposures to the same obligor, provided the short 
gross default exposures have the same or lower seniority relative to 
the long gross default exposures. In determining whether a market risk 
covered position that has an eligible guarantee is an exposure to the 
underlying obligor or an exposure to the eligible guarantor, the credit 
risk mitigation requirements set out in Sec.  __.36 and Sec.  __.120 
apply. For purposes of this section, GSEs may be considered eligible 
guarantors and each GSE must be considered a separate obligor, provided 
that a [BANKING ORGANIZATION] may fully offset long and short gross 
default exposures to Uniform Mortgage-Backed Securities that are issued 
by two different obligors.
    (3) Calculation of the default risk capital requirement for non-
securitization debt or equity positions. (i) To calculate the default 
risk capital requirement for non-securitization debt or equity 
positions, a [BANKING ORGANIZATION] must assign each non-securitization 
debt or equity position to one of four buckets:
    (A) Non-U.S. sovereign exposures;
    (B) PSE and GSE debt positions;
    (C) Corporate positions; and
    (D) Defaulted positions.
    (ii) A [BANKING ORGANIZATION] must calculate the bucket-level 
default risk capital requirement, DRCb, for each bucket, b, for non-
securitization debt or equity positions as follows:

[[Page 15237]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.329

Where:

i refers to a non-securitization debt or equity position belonging 
to bucket b and the corresponding risk weights, RWi, are set out in 
Table 1 to Sec.  __.210:
[GRAPHIC] [TIFF OMITTED] TP27MR26.330

    (iii) The default risk capital requirement for non-securitization 
debt or equity positions equals the sum of the four bucket-level 
default risk capital requirements.
    (c) Default risk capital requirement for securitization positions 
non-CTP--(1) Gross default exposure. A [BANKING ORGANIZATION] must 
determine the gross default exposure for each securitization position 
non-CTP using the approach for non-securitization debt or equity 
positions in paragraphs (b)(1)(i) and (ii) of this section, treating 
each securitization position non-CTP as a non-securitization debt or 
equity position. The gross default exposure for a securitization 
position non-CTP equals the position's market value.
    (2) Net default exposure. (i) A [BANKING ORGANIZATION] may offset 
long and short securitization positions non-CTP if the positions have 
the same underlying asset pools and belong to the same tranche.
    (ii) A [BANKING ORGANIZATION] may offset long and short 
securitization positions non-CTP with one or more long and short non-
securitization positions by decomposing the exposures of the non-
tranched index instruments. To recognize offsetting for securitization 
positions non-CTP, a [BANKING ORGANIZATION] must sum the equivalent 
underlying assets of the decomposed non-tranche index instruments to 
the equivalent replicating tranches that span the entire capital 
structure of the securitized instrument. Non-securitization positions 
that are recognized as offsetting in this way must be excluded from the 
calculation of the default risk capital requirement for non-
securitization debt or equity positions under paragraph (b) of this 
section.
    (iii) Securitization positions non-CTP that can be replicated 
through decomposition may offset. Specifically, if a collection of long 
securitization positions non-CTP can be replicated by a collection of 
short securitization positions non-CTP, then the long and short 
securitization positions non-CTP may offset.
    (3) Calculation of the default risk capital requirement for 
securitization positions non-CTP. (i) To calculate the default risk 
capital requirement for securitization positions non-CTP, a [BANKING 
ORGANIZATION] must assign each securitization position non-CTP to one 
of the following buckets:
    (A) Corporate positions;
    (B) Asset class buckets defined along two dimensions:
    (1) Asset class: asset-backed commercial paper, auto loans/leases, 
RMBS, credit cards, commercial mortgage-backed securities, 
collateralized loan obligations, collateralized debt obligations 
squared, small and medium enterprises, student loans, other retail, and 
other wholesale; and
    (2) Region: Asia, Europe, North America, and other.
    (ii) When assigning securitization positions non-CTP to a bucket, a 
[BANKING ORGANIZATION] must rely on market convention for classifying 
securitization positions non-CTP by asset class and region of the 
underlying assets. In addition, a [BANKING ORGANIZATION] must assign:
    (A) Each securitization position non-CTP to exactly one bucket and 
must

[[Page 15238]]

assign all securitization positions non-CTP with underlying exposures 
in the same asset class and region to the same bucket;
    (B) Any securitization position non-CTP that is not a corporate 
position and that a [BANKING ORGANIZATION] cannot assign to a specific 
asset class or region, must be assigned to one of the ``other'' 
buckets.
    (iii) A [BANKING ORGANIZATION] must calculate the bucket-level 
default risk capital requirement, for each DRCb, bucket, b, for 
securitization positions non-CTP as follows:
[GRAPHIC] [TIFF OMITTED] TP27MR26.331

Where:
(A) i refers to a securitization position non-CTP belonging to 
bucket b;
(B) HBR equals the hedge benefit ratio specified in paragraph 
(a)(3)(i) of this section; and
(C) RWi equals:
(1) For the calculation of Expanded Total Risk-Weighted Assets, the 
corresponding risk weight that would apply to the securitization 
exposure under Sec.  __.132 or Sec.  __.133 multiplied by 8 percent; 
or
(2) For the calculation of Standardized Total Risk-Weighted Assets, 
the corresponding risk weight that would apply to the securitization 
exposure under Sec.  __. 42, Sec.  __.43, or Sec.  __.44 multiplied 
by 8 percent.
(3) Provided that a [BANKING ORGANIZATION] may cap the default risk 
capital requirement for an individual cash securitization position 
non-CTP at its fair value.

    (iv) The default risk capital requirement for securitization 
positions non-CTP equals the sum of the bucket-level default risk 
capital requirements.
    (d) Default risk capital requirement for correlation trading 
positions--(1) Gross default exposure. (i) A [BANKING ORGANIZATION] 
must determine the gross default exposure for each correlation trading 
position using the approach for non-securitization debt or equity 
positions in paragraphs (b)(1)(i) and (ii) of this section, including 
the determination of the direction (long or short) of the correlation 
trading position, provided that the gross default exposure for a 
correlation trading position is its market value.
    (ii) A [BANKING ORGANIZATION] must treat a Nth-to-default position 
as a tranched position with attachment and detachment points calculated 
as:
[GRAPHIC] [TIFF OMITTED] TP27MR26.332

Where:

``total names'' is the total number of single names in the 
underlying basket or pool.

    (2) Net default exposure. (i) A [BANKING ORGANIZATION] may 
recognize offsetting for correlation trading positions that are 
otherwise identical, except for maturity, including index tranches of 
the same series.
    (ii) A [BANKING ORGANIZATION] may offset combinations of long gross 
default exposures and combinations of short gross default exposures of 
tranches that are perfect replications of non-tranched correlation 
trading positions.
    (iii) A [BANKING ORGANIZATION] may offset long and short gross 
default exposures of the types of exposures listed in paragraphs 
(d)(2)(i) and (ii) through decomposition of a correlation trading 
position, including an equivalent exposure that arises from 
decomposition, provided that the long and short gross default exposures 
are otherwise equivalent except for a residual component and that a 
[BANKING ORGANIZATION] must account for the residual exposure in the 
calculation of the net default exposure.
    (iv) A [BANKING ORGANIZATION] may offset long and short gross 
default exposures of different tranches of the same index and series 
through replication and decomposition, if the residual component has 
the attachment and detachment point nested with the original tranche or 
the combination of tranches. A [BANKING ORGANIZATION] must account for 
the residual component of the unhedged tranche.
    (3) Calculation of the default risk capital requirement for 
correlation trading positions. (i) To calculate the default risk 
capital requirement for a correlation trading position, a [BANKING 
ORGANIZATION] must assign each index to a bucket of its own.
    (ii) A [BANKING ORGANIZATION] must assign a bespoke correlation 
trading position that is substantially similar to an index to the 
bucket corresponding to the index. A [BANKING ORGANIZATION] must assign 
each bespoke correlation trading position that is not substantially 
similar to an index to a bucket of its own.

[[Page 15239]]

    (iii) For a non-securitization position that hedges a correlation 
trading position, a [BANKING ORGANIZATION] must assign such position 
and the related correlation trading position to the same bucket.
    (iv) A [BANKING ORGANIZATION] must calculate the bucket-level 
default risk capital requirement, DRCb, for each bucket, b, for 
correlation trading positions as follows:
[GRAPHIC] [TIFF OMITTED] TP27MR26.333

Where:

(A) i refers to a correlation trading position belonging to bucket 
b.
(B) HBRCTP equals the hedge benefit ratio specified in paragraph 
(a)(2)(iv)(A) of this section, but calculated using the combined 
long and short net default exposures across all indices in the 
correlation trading position default risk category.
(C) The summation of risk-weighted net default exposures in the 
formula spans all exposures relating to the index.
(D) RWi equals:
(1) For tranched correlation trading positions:
(i) For the calculation of Expanded Total Risk-Weighted Assets, the 
corresponding risk weight that would apply to the securitization 
exposure under Sec.  __.132 or Sec.  __.133 multiplied by 8 percent; 
or
(ii) For the calculation of Standardized Total Risk-Weighted Assets, 
the corresponding risk weight that would apply to the securitization 
exposure under Sec.  __. 42, Sec.  __.43, or Sec.  __.44 multiplied 
by 8 percent.
(2) For non-tranched hedges of correlation trading positions or 
decomposed single name exposures, the same loss given default rates 
and risk weights as for non-securitization debt or equity positions, 
provided that such hedges or decomposed single exposures must be 
excluded from the calculation of the default risk capital 
requirement for non-securitization debt or equity positions.

    (v) A [BANKING ORGANIZATION] must calculate the default risk 
capital requirement for correlation trading positions by aggregating 
the bucket-level capital requirements as follows:
[GRAPHIC] [TIFF OMITTED] TP27MR26.334

Sec.  __.211 Residual Risk Add-On
    (a) Included positions. A [BANKING ORGANIZATION] must calculate the 
residual risk add-on for all market risk covered positions identified 
as follows:
    (1) Market risk covered positions that have an exotic exposure.
    (2) Market risk covered positions that are:
    (i) Correlation trading positions with three or more underlying 
exposures, except for market risk covered positions that are hedges of 
correlation trading positions;
    (ii) Subject to the curvature capital requirement, but are not 
market risk covered positions without optionality that a [BANKING 
ORGANIZATION] chooses to include in the calculation of its curvature 
capital requirement as described under Sec.  __.206(d), or subject to 
the vega capital requirements and have pay-offs that cannot be 
replicated as a finite linear combination of vanilla options or the 
underlying instrument;
    (iii) Options or positions with embedded options that do not have a 
maturity; and
    (iv) Options or positions with embedded options that do not have a 
strike price or barrier, or that have multiple strike prices or 
barriers;
    (3) The portion of the exposure amount resulting from an equity 
position in an investment fund required to be included in the residual 
risk add-on under Sec.  __.205(e)(3)(iii); and
    (4) Any other market risk covered positions that the [AGENCY] 
determines must be subject to the residual risk add-on in order to 
capture the material risks of the position.
    (b) Excluded positions. (1) Notwithstanding paragraph (a)(2) of 
this section, a [BANKING ORGANIZATION] may exclude the following market 
risk covered positions from the residual risk add-on:
    (i) Market risk covered position that are listed;
    (ii) Market risk covered position that are eligible to be cleared 
by a CCP or QCCP; and
    (iii) Market risk covered position that are options without path 
dependent pay-offs or with two or fewer underlyings.
    (2) Notwithstanding paragraphs (a)(1) and (2) of this section, a 
[BANKING ORGANIZATION] may exclude the following market risk covered 
positions from the residual risk add-on:
    (i) In the case where a market risk covered position is a 
transaction that exactly matches that with a third-party transaction 
(back-to-back transactions), both transactions;
    (ii) In the case where a market risk covered position can be 
delivered into a derivative contract that it hedges in fulfillment of 
the contract, both the market risk covered position and the derivative 
contract;
    (iii) Securities issued or guaranteed by the U.S. government or GSE 
debt;
    (iv) Any market risk covered position that is subject to the 
fallback capital requirement;
    (v) Internal transactions between two trading desks, if only one 
trading desk is a model-eligible trading desk; and
    (vi) Any other market risk covered positions that the [AGENCY] 
determines are not required to be subject to the residual risk add-on 
because the material risks are sufficiently capitalized under this 
subpart F.
    (c) Calculation of the residual risk add-on. (1) The residual risk 
add-on equals the sum of the gross effective notional amounts of market 
risk covered

[[Page 15240]]

positions identified in paragraph (a) of this section, multiplied by 
the prescribed risk weight as set out as follows:
    (i) The risk weight for market risk covered positions identified in 
paragraph (a)(1) of this section is 1.0 percent.
    (ii) The risk weight for market risk covered positions identified 
in paragraph (a)(2) of this section is 0.1 percent.
    (2) For purposes of calculating the residual risk add-on, the gross 
effective notional amount means the notional amount as a [BANKING 
ORGANIZATION] reports in the most recent Call Report or FR Y-9C.
Models-Based Non-Default Capital Requirement
Sec.  __.212 Operational Requirements for the Models-Based Measure for 
Market Risk
    (a) General requirements. In order to calculate the models-based 
measure for market risk, a [BANKING ORGANIZATION] must:
    (1) Have at least one model-eligible trading desk; and
    (2) Receive prior approval from the [AGENCY] of the [BANKING 
ORGANIZATION]'s trading desk structure.
    (b) Trading desk identification and approval process--(1) 
Identification of trading desks. A [BANKING ORGANIZATION] must identify 
a trading desk for which the [BANKING ORGANIZATION] will seek approval 
to be a model-eligible trading desk and in making this identification 
must:
    (i) Consider whether having the trading desk be a model-eligible 
trading desk would better reflect the market risk of the market risk 
covered positions on the trading desk;
    (ii) Exclude any trading desk that includes more than de minimis 
amounts of model-ineligible positions; and
    (iii) For any trading desk that includes de minimis amounts of 
model-ineligible positions:
    (A) Not consider model-ineligible positions on model-eligible 
trading desks to be model-eligible positions for the calculations in 
Sec.  __.215; and
    (B) Exclude model-ineligible positions on model-eligible trading 
desks from aggregate trading portfolio backtesting, under Sec.  
__.204(g), and the relevant trading desks' backtesting and PLA-testing, 
under Sec.  __.213, unless the [BANKING ORGANIZATION] receives approval 
from the [AGENCY] to include such positions for backtesting and PLA-
testing purposes.
    (2) Approval process for trading desks. A [BANKING ORGANIZATION] 
must receive prior approval of the [AGENCY] for a trading desk to be a 
model-eligible trading desk. To receive such approval, a [BANKING 
ORGANIZATION] must:
    (i) Receive approval by [AGENCY] of the internal models to be used 
by the trading desk pursuant to Sec.  __.212(c); and
    (ii) Comply with one of the following:
    (A) Provide at least 250 business days of trading desk level 
backtesting and, beginning [THREE YEARS AFTER EFFECTIVE DATE], PLA test 
results for the trading desk to the [AGENCY];
    (B) Provide at least 125 business days of trading desk level 
backtesting and, beginning [THREE YEARS AFTER EFFECTIVE DATE], PLA test 
results for the trading desk to the [AGENCY] and demonstrate to the 
satisfaction of the [AGENCY] that the internal models will be able to 
meet the backtesting and, beginning [THREE YEARS AFTER EFFECTIVE DATE], 
PLA testing on an ongoing basis;
    (C) Demonstrate that the trading desk consists of similar market 
risk covered positions to another trading desk of the [BANKING 
ORGANIZATION], which has been approved by the [AGENCY] and has provided 
at least 250 business days of trading desk level backtesting and, 
beginning [THREE YEARS AFTER EFFECTIVE DATE], PLA test results to the 
[AGENCY]; or
    (D) Beginning [THREE YEARS AFTER EFFECTIVE DATE], subject the 
trading desk to the PLA add-on until the trading desk provides at least 
250 business days of trading desk-level backtesting and PLA test 
results, produces results in the PLA test green zone, and passes 
trading desk-level backtesting.
    (3) Changes to trading desk structure. (i) A [BANKING ORGANIZATION] 
must receive prior approval from the [AGENCY] before the [BANKING 
ORGANIZATION] implements any change to its trading desk structure that 
would result in a material change in the [BANKING ORGANIZATION]'s 
market risk capital requirements for a portfolio of market risk covered 
positions.
    (ii) A [BANKING ORGANIZATION] must promptly notify the [AGENCY] 
when the [BANKING ORGANIZATION] makes any change to its trading desk 
structure that would result in a non-material change in the [BANKING 
ORGANIZATION]'s market risk capital requirements for a portfolio of 
market risk covered positions.
    (4) The [AGENCY] may rescind its approval of a model-eligible 
trading desk or subject such trading desk to the PLA add-on if the 
[AGENCY] determines that the trading desk no longer complies with any 
of the applicable requirements of this subpart F, provided that the 
trading desk may not be subjected to the PLA add-on if the approval for 
a stressed expected shortfall methodology used by the trading desk was 
rescinded. A model-eligible trading desk that becomes subject to the 
PLA add-on under this paragraph (b)(4) shall remain subject to the PLA 
add-on until the [AGENCY] determines that the trading desk is no longer 
subject to the PLA add-on under this paragraph (b)(4).
    (c) Approval of internal models and stressed expected shortfall 
methodologies--(1) Initial approval. A [BANKING ORGANIZATION] must 
receive prior approval of the [AGENCY] to use an internal model for the 
ES-based measure in Sec.  __.215(b), and the stressed expected 
shortfall methodologies in Sec.  __.215(d). To receive [AGENCY] 
approval of an internal model or methodology, a [BANKING ORGANIZATION] 
must demonstrate:
    (i) The internal model properly measures all the material risks of 
the market risk covered positions to which it is applied;
    (ii) The internal model has been properly validated, consistent 
with paragraph (d)(3) of this section;
    (iii) The level of sophistication of the internal model or 
methodology is commensurate with the complexity and amount of its 
market risk covered positions; and
    (iv) The internal model or methodology meets the applicable 
requirements of this subpart F.
    (2) Changes to internal models and stressed expected shortfall 
methodologies. (i) A [BANKING ORGANIZATION] must receive prior approval 
from the [AGENCY] before the [BANKING ORGANIZATION] implements any 
change to an approved model, including any change to its modelling 
assumptions, that would result in a material change in the [BANKING 
ORGANIZATION]'s ES-based measure for a trading desk, the [BANKING 
ORGANIZATION]'s IMCC, or the [BANKING ORGANIZATION]'s stressed expected 
shortfall.
    (ii) A [BANKING ORGANIZATION] must promptly notify the [AGENCY] 
when the [BANKING ORGANIZATION] makes any change to an approved model, 
including any change to its modelling assumptions, that would result in 
a non-material change in the [BANKING ORGANIZATION]'s ES-based measure 
for a trading desk, the [BANKING ORGANIZATION]'s IMCC, or the [BANKING 
ORGANIZATION]'s stressed expected shortfall.

[[Page 15241]]

    (3) If the [AGENCY] determines that the [BANKING ORGANIZATION] no 
longer complies with this subpart F or that the [BANKING 
ORGANIZATION]'s internal models or methodologies fail to accurately 
reflect the risks of any of the [BANKING ORGANIZATION]'s market risk 
covered positions, the [AGENCY] may rescind its approval of an internal 
model or methodology previously approved under paragraph (c)(1) of this 
section, or impose the PLA add-on on the trading desk using the 
internal model for the ES-based measure pursuant to paragraph (b)(4) of 
this section. When approval for an internal model or methodology is 
rescinded, any trading desk that had used that internal model or 
methodology must be a model-ineligible trading desk.
    (d) Review, risk management, and validation. (1) A [BANKING 
ORGANIZATION] must, no less frequently than annually, review its 
internal models in light of developments in financial markets and 
modeling technologies, and enhance those internal models as appropriate 
to ensure that they continue to meet the [AGENCY]'s standards for model 
approval and employ risk measurement methodologies that are the most 
appropriate for the [BANKING ORGANIZATION]'s market risk covered 
positions.
    (2) A [BANKING ORGANIZATION] must integrate the internal models 
used for calculating the ES-based measure in Sec.  __.215(b) into its 
daily risk management process.
    (3) A [BANKING ORGANIZATION] must validate its internal models 
initially and on an ongoing basis. A [BANKING ORGANIZATION] must 
revalidate its internal models when it makes any material changes to 
the models or when there have been significant structural changes in 
the market or changes in the composition of the [BANKING 
ORGANIZATION]'s market risk covered positions that might lead to the 
[BANKING ORGANIZATION]'s internal models to be no longer adequate. The 
[BANKING ORGANIZATION]'s validation process must be independent of the 
internal models' development, implementation, and operation, or the 
validation process must be subjected to an independent review of its 
adequacy and effectiveness. Validation must include:
    (i) An evaluation of the conceptual soundness of the internal 
models;
    (ii) An evaluation that the internal models adequately reflect all 
material risks and that assumptions are appropriate and do not 
underestimate risk;
    (iii) An ongoing monitoring process that includes verification of 
processes and the comparison of the [BANKING ORGANIZATION]'s model 
outputs with relevant internal and external data sources or estimation 
techniques;
    (iv) An outcomes analysis process that includes backtesting and PLA 
testing at the trading desk level; and
    (v) Backtesting conducted at the aggregate level for all model-
eligible trading desks.
    (e) Supervisory action for model-eligible trading desks. If 
required by the [AGENCY], a [BANKING ORGANIZATION] that has one or more 
model-eligible trading desks must calculate the standardized measure 
for market risk for one or more specified model-eligible trading desks 
as if that trading desk were a stand-alone regulatory portfolio, as 
directed by the [AGENCY].
Sec.  __.213 Trading Desk-Level Backtesting and PLA Testing
    (a) A model-eligible trading desk must conduct backtesting as 
described in paragraph (b) of this section and PLA testing as described 
in paragraph (c) of this section at the trading desk level on a 
quarterly basis.
    (b) Trading desk-level backtesting requirements. (1) Beginning on 
the business day a trading desk becomes a model-eligible trading desk, 
the [BANKING ORGANIZATION] must generate backtesting data by separately 
comparing each business day's actual profit and loss and hypothetical 
profit and loss with the corresponding VaR-based measure calculated by 
the [BANKING ORGANIZATION]'s internal models for that business day, at 
both the 97.5th percentile and the 99.0th percentile one-tail 
confidence levels at the trading desk level. Time effects must be 
treated in a consistent manner in the hypothetical profit and loss used 
for backtesting.
    (i) An exception for actual profit and loss at either percentile 
occurs when the actual loss of the model-eligible trading desk exceeds 
the corresponding VaR-based measure calculated at that percentile. An 
exception for hypothetical profit and loss at either percentile occurs 
when the hypothetical loss of the model-eligible trading desk exceeds 
the corresponding VaR-based measure calculated at that percentile.
    (ii) If either the business day's actual or hypothetical profit and 
loss is not available or the [BANKING ORGANIZATION] is unable to 
compute the business day's actual or hypothetical profit and loss, an 
exception for actual profit and loss or for hypothetical profit and 
loss, respectively, at each percentile occurs. If the VaR-based measure 
for a business day is not available or the [BANKING ORGANIZATION] is 
unable to compute the VaR-based measure for a particular business day, 
exceptions for actual profit and loss and for hypothetical profit and 
loss at each percentile occur. No exception will occur if the 
unavailability or inability is related to an official holiday.
    (iii) With approval of the [AGENCY], a [BANKING ORGANIZATION] may 
consider an exception not to have occurred if:
    (A) The [BANKING ORGANIZATION] can demonstrate that the exception 
is due to technical issues that are unrelated to the [BANKING 
ORGANIZATION]'s internal models; or
    (B) The [BANKING ORGANIZATION] can demonstrate that one or more 
non-modellable risk factors caused the relevant loss, and the portion 
of the stressed expected shortfall, as defined in Sec.  
__.204(c)(2)(ii), that can be attributed to these non-modellable risk 
factors on that business day exceeds the difference between the 
[BANKING ORGANIZATION]'s VaR-based measure and the actual or 
hypothetical loss for that business day.
    (2) In order to conduct backtesting, a [BANKING ORGANIZATION] must 
count the number of exceptions over the most recent 250 business days. 
A [BANKING ORGANIZATION] must count exceptions for actual profit and 
loss at each percentile separately from exceptions for hypothetical 
profit and loss.
    (3) If any given model-eligible trading desk experiences either 
more than 12 exceptions for actual profit and loss or 12 exceptions for 
hypothetical profit and loss at the 99.0th percentile, or 30 exceptions 
for actual profit and loss or 30 exceptions for hypothetical profit and 
loss at the 97.5th percentile in the most recent 250 business day 
period, then the trading desk becomes a model-ineligible trading desk, 
upon the completion of the [AGENCY]'s quarterly review of the relevant 
backtesting data.
    (4) Notwithstanding paragraphs (b)(2) and (3) of this section, in 
cases where a model-eligible trading desk is approved pursuant to Sec.  
__.212(b)(2)(ii)(B), (C) or (D):
    (i) The model-eligible trading desk that has fewer than 250 
business days of backtesting data available must use all available 
backtesting data; and
    (ii) The [BANKING ORGANIZATION] must prorate the number of 
allowable exceptions under paragraph (b)(3) of this section by the 
number of business days for which backtesting data are available for 
the model-eligible trading desk.

[[Page 15242]]

    (5) A trading desk that becomes a model-ineligible trading desk 
under paragraph (b)(3) of this section becomes a model-eligible trading 
desk when:
    (i) The trading desk experiences less than or equal to 12 
exceptions for actual profit and loss and 12 exceptions for 
hypothetical profit and loss at the 99.0th percentile, and 30 
exceptions for actual profit and loss and 30 exceptions for 
hypothetical profit and loss at the 97.5th percentile in the most 
recent 250 business day period and, beginning [THREE YEARS AFTER 
EFFECTIVE DATE], the trading desk produces results in the PLA test 
green zone or PLA test amber zone; or
    (ii) The [BANKING ORGANIZATION] receives approval of the [AGENCY].
    (c) Trading desk level PLA test requirements--(1) General 
requirements. At the trading desk level, the [BANKING ORGANIZATION] 
must compare each of its most recent 250 business days' hypothetical 
profit and loss with the corresponding daily risk-theoretical profit 
and loss. Time effects must be treated in a consistent manner in the 
hypothetical profit and loss and the risk-theoretical profit and loss.
    (i) For the purpose of PLA testing, the [BANKING ORGANIZATION] may 
align risk-theoretical profit and loss input data for its risk factors 
with the data used in hypothetical profit and loss, where the [BANKING 
ORGANIZATION] is able to demonstrate that hypothetical profit and loss 
input data can be used appropriately for risk-theoretical profit and 
loss purposes.
    (ii) The [BANKING ORGANIZATION] may adjust risk-theoretical profit 
and loss input data when the input data for a given risk factor that is 
included in both the risk-theoretical profit and loss and the 
hypothetical profit and loss differs due to different market data 
sources, time fixing of market data sources, or transformations of 
market data into input data suitable for the risk factors of the 
underlying valuation engines. When transforming input data into a 
format that can be applied to the risk factors used in internal risk 
management models, the [BANKING ORGANIZATION] must demonstrate that no 
differences in the risk factors or in the valuation models have been 
omitted.
    (iii) The [BANKING ORGANIZATION] must be able to assess the effect 
that input data alignments would have on the risk-theoretical profit 
and loss. The [BANKING ORGANIZATION] must be able to compare the risk-
theoretical profit and loss based on the hypothetical profit and loss 
aligned market data with the risk-theoretical profit and loss based on 
market data without alignment. This comparison must be performed when 
designing or changing the input data alignment process or at the 
request of the [AGENCY].
    (2) PLA test metric. (i) A [BANKING ORGANIZATION] must calculate 
the Kolmogorov-Smirnov metric in this paragraph (c)(2) at the trading 
desk level, using the most recent 250 business days of the risk-
theoretical profit and loss and the hypothetical profit and loss.
    (ii) A [BANKING ORGANIZATION] must calculate the empirical 
cumulative distribution function of the risk-theoretical profit and 
loss where, for any value of risk-theoretical profit and loss, the 
empirical cumulative distribution is the product of 0.004 and the 
number of risk-theoretical profit and loss observations that are less 
than or equal to the specified risk-theoretical profit and loss.
    (iii) A [BANKING ORGANIZATION] must calculate the empirical 
cumulative distribution function of hypothetical profit and loss where, 
for any value of hypothetical profit and loss, the empirical cumulative 
distribution is the product of 0.004 and the number of hypothetical 
profit and loss observations that are less than or equal to the 
specified hypothetical profit and loss.
    (iv) A [BANKING ORGANIZATION] must calculate the Kolmogorov-Smirnov 
metric as the largest absolute difference observed between these two 
empirical cumulative distribution functions at any profit and loss 
value.
    (3) PLA test evaluation. (i) A [BANKING ORGANIZATION] must identify 
the PLA test zone of the trading desk's PLA test results as set out in 
Table 1 to Sec.  __.213.
[GRAPHIC] [TIFF OMITTED] TP27MR26.335

    (ii) Notwithstanding paragraph (c)(3)(i) of this section, the 
[AGENCY] may determine that a [BANKING ORGANIZATION] must identify the 
PLA test zone of a trading desk's PLA test results as a different PLA 
test zone.
    (iii) Beginning [THREE YEARS AFTER EFFECTIVE DATE], upon the 
completion of the quarterly review of the relevant PLA test data, a 
trading desk that produces results in the PLA test amber zone, pursuant 
to paragraph (c)(3)(i) or (c)(3)(ii) of this section, is subject to the 
PLA add-on.
    (iv) Beginning [THREE YEARS AFTER EFFECTIVE DATE], upon the 
completion of the quarterly review of the relevant PLA test data, a 
trading desk that produces results in the PLA test red zone, pursuant 
to paragraph (c)(3)(i) or (c)(3)(ii) of this section, is a model-
ineligible trading desk.
    (v) A trading desk that becomes a model-ineligible trading desk 
under paragraph (c)(3)(iv) of this section will become a model-eligible 
trading desk when:
    (A) The trading desk produces results in the PLA test green zone or 
PLA test amber zone; and in the most recent 250 business day period, 
the trading desk experiences less than or equal to 12 backtesting 
exceptions for actual profit and loss and 12 exceptions for 
hypothetical profit and loss at the 99.0th percentile, or less than or 
equal to 30 backtesting exceptions for actual profit and loss and 30 
backtesting exceptions for hypothetical profit and loss at the 97.5th 
percentile; or
    (B) The [BANKING ORGANIZATION] receives approval of the [AGENCY].
    (4) PLA add-on. The PLA add-on, if required under paragraph 
(c)(3)(iii) of

[[Page 15243]]

this section, Sec.  __.212(b)(2)(ii)(D), or Sec.  __.212(b)(4), equals:
[GRAPHIC] [TIFF OMITTED] TP27MR26.336

(A) SAi denotes the standardized non-default capital requirement for 
market risk covered positions on trading desk, i;
(B) [Sigma]i[egr]ASAi equals the sum of the standardized non-default 
capital requirement, calculated separately, for each trading desk i 
that is subject to the PLA add-on; and
(C) [Sigma]i[egr]G,ASAi equals the sum of the standardized non-
default capital requirement, calculated separately, for each model-
eligible trading desk i (including trading desks subject to the PLA 
add-on); and
(ii) All other terms have the meaning specified in Sec.  
__.204(c)(2).
Sec.  __.214 Risk Factor Identification
    (a) Identification of risk factors. A [BANKING ORGANIZATION] must 
identify an appropriate set of risk factors to be used for purposes of 
calculating the internally modelled capital calculation, IMCC, and the 
stressed expected shortfall, SES, subject to the requirements below:
    (1) The set of risk factors must be sufficient to represent the 
risks inherent in the market risk covered positions held by model-
eligible trading desks;
    (2) The [BANKING ORGANIZATION] must include all risk factors 
included in the [BANKING ORGANIZATION]'s internal risk management 
models or models used in reporting actual profits and losses; and
    (3) The [BANKING ORGANIZATION] must include all risk factors that 
are specified in Sec.  __.208 for each corresponding risk class, unless 
the [BANKING ORGANIZATION] is able to support the omission of specific 
risk classes to the satisfaction of the [AGENCY].
    (b) Risk factor eligibility tests. (1) Conduct of tests and 
classification of risk factors. A [BANKING ORGANIZATION] must classify 
each risk factor according to the risk factor qualitative test 
specified in paragraph (b)(2) of this section and the risk factor 
quantitative test specified in paragraph (b)(3) of this section as 
follows:
    (i) A risk factor that passes both the risk factor quantitative 
test and the risk factor qualitative test is a modellable risk factor;
    (ii) A risk factor that passes the risk factor qualitative test but 
fails the risk factor quantitative test is a type A non-modellable risk 
factor; and
    (iii) A risk factor that is not a modellable risk factor or a type 
A non-modellable risk factor is a type B non-modellable risk factor.
    (2) Risk factor qualitative test. To pass the risk factor 
qualitative test, the data that a [BANKING ORGANIZATION] uses to 
calculate the models-based non-default capital requirement 
corresponding to a risk factor must be consistent with each of the 
standards in this paragraph (b)(2).
    (i) The data must allow the internal models used to calculate the 
ES-based measure to capture both idiosyncratic risk and systematic 
risk, if applicable.
    (ii) The data must allow the internal models used to calculate the 
ES-based measure to reflect volatility and correlation of risk factors 
of market risk covered positions.
    (iii) The data must be reflective of prices observed or quoted in 
the market. Where data used are not derived from real price 
observations, the [BANKING ORGANIZATION] must be able to demonstrate 
that the data used are reasonably representative of real price 
observations.
    (iv) The data must be updated at a sufficient frequency to 
adequately reflect the performance of the risk factor, and at a minimum 
on a weekly basis. Where the [BANKING ORGANIZATION] uses regressions to 
estimate risk factor parameters, these must be re-estimated on a 
regular basis. The [BANKING ORGANIZATION] must have clear policies and 
procedures for backfilling and gap-filling missing data and for 
updating the sources of data used.
    (v) The data to determine the liquidity horizon-adjusted ES-based 
measure must be reflective of market prices observed or quoted in the 
period of stress specified in Sec.  __.215(b)(5). The data should be 
sourced directly from the historical period whenever possible. The 
[BANKING ORGANIZATION] must empirically justify any instances where the 
market prices used in the period of stress are different from the 
market prices actually observed during that period. In cases where 
market risk covered positions that are currently traded did not exist 
during a period of significant financial stress, the [BANKING 
ORGANIZATION] must demonstrate that the prices used match changes in 
prices or spreads of similar instruments during the stress period.
    (vi) The data may include proxies provided the [BANKING 
ORGANIZATION] can demonstrate to the satisfaction of the [AGENCY] that 
the proxies are appropriate and that the following standards are 
satisfied:
    (A) There is sufficient evidence demonstrating the appropriateness 
of the proxies, such as an appropriate track record for their 
representation of a market risk covered position;
    (B) The proxies have sufficiently similar characteristics to the

[[Page 15244]]

transactions they represent in terms of volatility level and 
correlations; and
    (C) The proxies are appropriate for the region, credit spread, 
quality and type of instrument they are intended to represent.
    (vii) The [AGENCY] has not determined that the data is unsuitable 
to calibrate the [BANKING ORGANIZATION]'s ES-based measure.
    (3) Risk factor quantitative test. To conduct the risk factor 
quantitative test, a [BANKING ORGANIZATION] must identify real price 
observations that meet the requirements set forth in paragraph 
(b)(3)(i) and allocate each real price observation into a bucket for a 
risk factor, as specified in paragraph (b)(3)(ii). To pass the risk 
factor quantitative test, a [BANKING ORGANIZATION] must identify real 
price observations in the bucket corresponding to the risk factor over 
the prior 12 months equal to or greater than the minimum number of real 
price observations specified in paragraph (b)(3)(iii).
    (i) Requirements for real price observations.
    (A) A real price is representative of a risk factor provided it can 
be used by the [BANKING ORGANIZATION] to inform the value of the risk 
factor.
    (B) The [BANKING ORGANIZATION] must not count more than one real 
price observation in a single day.
    (C) When a [BANKING ORGANIZATION] uses real prices from a third-
party provider:
    (1) The third-party provider must provide a minimum necessary set 
of identifier information to enable the [BANKING ORGANIZATION] to map 
real prices observed to risk factors;
    (2) The third-party provider that is not a U.S. Government agency, 
an exchange, or a QCCP must be subject to an audit regarding the 
validity of its pricing information and the results and reports of this 
audit must be made public or available on request to the [BANKING 
ORGANIZATION], provided that if the audit of a third-party provider is 
not satisfactory to the [AGENCY], the data from the third-party 
provider may not be used for purposes of the risk factor quantitative 
test; and
    (3) When the real price observations are provided with a time lag, 
the period used for the risk factor quantitative test may differ from 
the period used to calibrate the [BANKING ORGANIZATION]'s ES-based 
measure, provided that the difference is no greater than one month.
    (ii) Bucketing approaches. For the risk factor quantitative test, a 
[BANKING ORGANIZATION] must allocate real price observations into 
buckets corresponding to risk factors and must count all real price 
observations allocated to a bucket in order to establish whether the 
risk factors in the bucket pass the risk factor quantitative test. To 
allocate real price observations into buckets, the [BANKING 
ORGANIZATION] must group risk factors on a curve or surface level. Real 
price observations may be mapped to more than one risk factor. Each 
bucket may be defined by using either of the bucketing approaches 
specified in this paragraph (b)(3)(ii).
    (A) Own bucketing approach. Under this approach, each bucket must 
include only one risk factor. Each risk factor must correspond to a 
risk factor included in the risk-theoretical profit and loss of the 
[BANKING ORGANIZATION].
    (B) Standard bucketing approach. Under this approach, the [BANKING 
ORGANIZATION] must use the standard buckets as set out as follows:
    (1) For interest rate, foreign exchange and commodity risk factors 
with a single maturity dimension (excluding implied volatilities), (t, 
where t is measured in years), the buckets corresponding to the t 
values in row (A) of Table 1 to Sec.  __.214 must be used.
    (2) For interest rate, foreign exchange and commodity risk factors 
with several maturity dimensions (excluding implied volatilities) (, 
where is measured in years), the buckets corresponding to the t values 
in row (B) of Table 1 to Sec.  __.214 must be used.
    (3) Credit spread and equity risk factors with one or several 
maturity dimensions (excluding implied volatilities) (, where is 
measured in years), the buckets corresponding to the t values in row 
(C) of Table 1 to Sec.  __.214 must be used.
    (4) For any risk factors with one or several strike dimensions (the 
probability that an option is ``in the money'' at maturity, [delta]), 
the buckets corresponding to the [delta] values in row (D) of Table 1 
to Sec.  __.214 must be used.
    (5) For expiry and strike dimensions of implied volatility risk 
factors (excluding those of interest rate swaptions), only the buckets 
corresponding to the t or [delta] values in rows (C) and (D), 
respectively, of Table 1 to Sec.  __.214 must be used.
    (6) For maturity, expiry and strike dimensions of implied 
volatility risk factors from options on swaps, only the buckets 
corresponding to the t or [delta] values in row (B), (C) and (D), 
respectively, of Table 1 to Sec.  __.214 must be used.
    (7) For options markets where alternative definitions of moneyness 
are customary, a [BANKING ORGANIZATION] must convert the standard 
buckets to the market-standard convention using the [BANKING 
ORGANIZATION]'s own pricing models.

[[Page 15245]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.220

    (C) For purposes of the risk factor quantitative test, a real price 
observation must be counted in a single bucket based on the maturity or 
based on the probability that an option is ``in the money'' at maturity 
associated with the position, provided that real price observations 
that have been identified within the prior 12 months must be either:
    (1) Counted in the maturity bucket to which they were initially 
allocated; or
    (2) Re-allocated to the shorter maturity bucket that reflects the 
market risk covered position's remaining maturity.
    (D) A [BANKING ORGANIZATION] may decompose risks associated with 
credit or equity indices into systematic risk factors within its 
internal models designed to capture market-wide movements for a given 
economy, region or sector.
    (iii) Minimum sufficient number of real price observations.
    (A) The minimum sufficient number of real price observations is 24 
if the liquidity horizon is 10 or 20 days, and 16 otherwise.
    (B) Notwithstanding other provisions of this paragraph (b)(3), for 
new issuances, the observation period for the risk factor quantitative 
test may begin on the issuance date and the number of real price 
observations required to pass the risk factor quantitative test may be 
prorated until 12 months after the issuance date.
    (c) Calibration. The [BANKING ORGANIZATION] must choose the most 
appropriate data for modellable risk factors and type A non-modellable 
risk factors to calibrate the ES-based measure. For the calibration of 
the ES-based measure, the [BANKING ORGANIZATION] may use different data 
than the data used to pass the risk factor quantitative test.
Sec.  __.215 The Models-Based Non-Default Capital Requirement
    (a) A [BANKING ORGANIZATION] that calculates the models-based non-
default capital requirement must calculate the ES-based measure, the 
internally modelled capital calculation, IMCC, and the stressed 
expected shortfall, SES, in accordance with this section.
    (b) ES-based measure. Any internal model used by a [BANKING 
ORGANIZATION] to calculate the ES-based measure must meet the following 
minimum requirements.
    (1) The ES-based measure must be computed for each business day at 
the trading desk level, at the aggregate level, and on the aggregate 
for each risk class for all model-eligible trading desks.
    (2) The ES-based measure must be calculated using a one-tail, 
97.5th percentile confidence level.
    (3) A liquidity horizon-adjusted ES-based measure must be 
calculated from an ES-based measure at a base liquidity horizon of 10 
days, with scaling applied to this base horizon result as specified 
below:
[GRAPHIC] [TIFF OMITTED] TP27MR26.221

Where:

(i) ES is the liquidity horizon-adjusted ES-based measure;
(ii) T is the length of the base liquidity horizon, 10 days;
(iii) EST(P) is ES at base liquidity horizon T of a portfolio with 
market risk covered positions P;
(iv) EST(P,J) is the at base liquidity horizon T of a portfolio with 
market risk covered positions T for all risk factors whose liquidity 
horizon is at least as long as the liquidity horizon corresponding 
to the index value j, LH,j as specified in Table 1 to Sec.  __.215;
(v) LH,j is the liquidity horizon corresponding to the index value, 
j, specified in Table 1 to Sec.  __.215.

[[Page 15246]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.222

    (4) The time series of changes in risk factors over the base 
liquidity horizon T may be calculated using observations of price 
differentials from overlapping 10-day periods, provided, a [BANKING 
ORGANIZATION] must not scale up from a shorter horizon.
    (5) Stress period. A [BANKING ORGANIZATION] must identify a 12-
month period of stress over the observation horizon in which the 
[BANKING ORGANIZATION]'s model-eligible positions would experience the 
largest loss, pursuant to policies and procedures approved by the 
[AGENCY]. Such policies and procedures must:
    (i) Base the identification of the period of stress using either 
the full set of risk factors or a reduced set of risk factors;
    (ii) Provide that when using a reduced set of risk factors to 
identify the period of stress the [BANKING ORGANIZATION] must:
    (A) Specify a reduced set of risk factors for which there is a 
sufficiently long history of observations that meet requirements of the 
risk factor qualitative test specified in Sec.  __.214(b)(2) and for 
which:
    (1) The [BANKING ORGANIZATION] uses data that are reflective of 
market prices observed or quoted in the historical stress period used 
by the expected shortfall model and sourced from the historical stress 
period, when possible;
    (2) Where the market prices used for the historical stress period 
in the expected shortfall calculation differ from the market prices 
actually observed for that period, the [BANKING ORGANIZATION] 
empirically justifies the selection of the stress period; and
    (3) For model-eligible positions that did not exist during the 
historical stress period, the [BANKING ORGANIZATION] demonstrates that 
the prices used match changes in the prices or spreads of instruments 
that traded during that period and that are similar to the model-
eligible positions;
    (B) Update the reduced set of risk factors whenever the [BANKING 
ORGANIZATION] updates its 12-month period of stress; and
    (C) Ensure that the variation of the full ES-based measure 
explained by the ES-based measure for the reduced set of risk factors 
over the previous 60 business days is at least 75 percent, where, on 
date t, the variation explained equals
[GRAPHIC] [TIFF OMITTED] TP27MR26.223


Where:

(1) ESF,C,h is the liquidity horizon-adjusted ES-based measure based 
on the most recent 12-month observation period (the current ES-based 
measure) using the full set of risk factors calculated at date h, 
which ranges from one day prior to date t to 60 days prior to date 
t;
(2) ESR,C,h is the current liquidity horizon-adjusted ES-based 
measure using the reduced set of risk factors calculated at date h, 
which ranges from one day prior to date t to 60 days prior to date 
t; and
(3) Mean(ESF,C) is the mean of ESF,C over the previous 60 business 
days.

    (iii) Consider 12-month periods going back to, at a minimum, 2007;
    (iv) Equally weight observations within the 12-month period; and
    (v) Provide for updating, as appropriate, the 12-month stressed 
period at least quarterly, or whenever there are material changes in 
the risk factors in the portfolio.
    (6) Liquidity horizon-adjusted ES-based measure. A [BANKING 
ORGANIZATION] must calibrate the liquidity horizon-adjusted ES-based 
measure to a period of stress for its entire portfolio of model-
eligible positions using one of the two approaches set forth in this 
paragraph (b)(6).
    (i) Direct approach. A [BANKING ORGANIZATION] using the direct 
approach must use the full set of risk factors to calculate the 
liquidity horizon-adjusted ES-based measure, provided a [BANKING 
ORGANIZATION] may use proxies to fill in data on missing risk factors 
in accordance with Sec.  __.214(b)(2)(vi).
    (ii) Indirect approach. A [BANKING ORGANIZATION] using the indirect 
approach must follow the steps below to calculate the liquidity 
horizon-adjusted ES-based measure:
    (A) Calculate a liquidity horizon-adjusted ES-based measure in 
accordance with paragraph (b)(3) of this section;
    (B) Convert the three types of liquidity horizon-adjusted ES-based 
measures defined below into one liquidity horizon-adjusted ES-based 
measure, as follows:

[[Page 15247]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.224


Where:

(1) ESR,C is the liquidity horizon-adjusted ES-based measure for the 
[BANKING ORGANIZATION]'s model-eligible positions using the reduced 
set of risk factorscalculated based on the 12-month period of 
stress;
(2) ESF,C is the liquidity horizon-adjusted ES-based measure based 
on the most recent 12-month observation period (the current ES-based 
measure) using the full set of risk factors; and
(3) ESR,C is the liquidity horizon-adjusted ES-based measure for the 
[BANKING ORGANIZATION]'s model-eligible positions using the reduced 
set of risk factors.

    (7) Input data. A [BANKING ORGANIZATION] must update its input data 
for internal models used to calculate the ES-based measure no less 
frequently than quarterly and reassess its input data whenever market 
prices are subject to material changes. This updating process must be 
flexible enough to allow for updates when warranted by material changes 
in market prices.
    (8) Risk capture. Internal models used to calculate the ES-based 
measure must address non-linearities, as well as correlation and 
relevant basis risks, such as basis risk between credit default swaps 
and bonds.
    (9) Empirical correlations. A [BANKING ORGANIZATION] may recognize 
empirical correlations within risk classes. Empirical correlations 
across risk classes are constrained by the aggregation scheme as 
described in paragraph (c) of this section.
    (10) Options. With respect to options, a [BANKING ORGANIZATION]'s 
internal models used to calculate the ES-based measure must:
    (i) Capture the risks associated with options, including non-linear 
price characteristics, within each of the risk classes;
    (ii) Have a set of risk factors that captures the volatilities of 
the underlying rates and prices of options; and
    (iii) Model the volatility surface across both strike price and 
maturity.
    (11) Assignment of liquidity horizons. At a minimum on a quarterly 
basis, a [BANKING ORGANIZATION] must map each of its risk factors to 
one of the risk factor categories and corresponding liquidity horizons, 
n, in Table 2 to Sec.  __.215 and must assign a liquidity horizon of 
10, 20, 40, 60, or 120 days to each of its risk factors, in accordance 
with the requirements of this paragraph (b)(11).
    (i) A [BANKING ORGANIZATION] must assign a liquidity horizon to a 
risk factor on a particular trading desk, which must be greater than or 
equal to the minimum liquidity horizon corresponding to the value, n, 
for the risk factor category in Table 2 to Sec.  __.215, unless 
otherwise specified in paragraphs (b)(11)(ii) and (iii) of this 
section.
    (ii) If the maturity of a market risk covered position is shorter 
than the respective liquidity horizon, n, of the risk factor category 
as set forth in Table 2 to Sec.  __.215, the minimum liquidity horizon 
is the next longer liquidity horizon, n, from the maturity of the 
market risk covered position.
    (iii) The minimum liquidity horizon for credit and equity indices 
and other similar multi-underlying instruments must be the shortest 
liquidity horizon, n, that is equal to or longer than the weighted 
average of the liquidity horizons of the underlyings, calculated by 
multiplying the respective liquidity horizon, n, of the risk factor 
category as set forth in Table 2 to Sec.  __.215 of each individual 
underlying by its weight in the index and summing the weighted 
liquidity horizons across all underlyings.
---------------------------------------------------------------------------

    \1\ Any currency pair formed by the following list of 
currencies: United States Dollar, Australian Dollar, Brazilian Real, 
Canadian Dollar, Chinese Yuan, Euro, Hong Kong Dollar, Indian Rupee, 
Japanese Yen, Mexican Peso, New Zealand Dollar, Norwegian Krone, 
Singapore Dollar, South African Rand, South Korean Won, Swedish 
Krona, Swiss Franc, Turkish Lira, United Kingdom Pound, and any 
additional currencies specified by the [AGENCY] under Sec.  
__.209(b)(7)(ii).

---------------------------------------------------------------------------

[[Page 15248]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.337

    (c) Internally modelled capital calculation. A [BANKING 
ORGANIZATION] must calculate an internally modelled capital 
calculation, IMCC, on each business day in accordance with the below:
    (1) For all model-eligible trading desks, a [BANKING ORGANIZATION] 
must include in its internal models used to calculate the aggregate 
liquidity horizon-adjusted ES-based measure all modellable risk factors 
and type A non-modellable risk factors.
    (2) The [BANKING ORGANIZATION] must calculate its aggregate 
liquidity horizon-adjusted ES-based measure,

[[Page 15249]]

IMCC(C), using the liquidity horizon-adjusted ES-based measure 
specified in paragraph (b) of this section, with no supervisory 
constraints on cross-risk class correlations.
    (3) The [BANKING ORGANIZATION] must also calculate a series of 
partial liquidity horizon-adjusted ES-based measures (with risk factors 
of all other risk classes held constant) for each risk class using the 
liquidity horizon-adjusted ES-based measure specified in paragraph (b) 
of this section. These partial, non-diversifiable liquidity horizon-
adjusted ES-based measures, IMCC(Ci), must be summed to provide an 
aggregated risk class ES-based measure. The stress period used to 
calculate IMCC(C) and IMCC(Ci) must be the same.
    (4) The internally modelled capital calculation, IMCC, must be 
calculated as the weighted average of the constrained and unconstrained 
ES-based measures as follows:
[GRAPHIC] [TIFF OMITTED] TP27MR26.338

Where:

(i) w equals 0.5;
(ii) i is the index of risk classes, which are the following: 
interest rate risk, credit spread risk, equity risk, commodity risk 
and foreign exchange risk;
(iii) IMCC(C) equals the aggregate liquidity horizon-adjusted ES-
based measure specified in paragraph (c)(2) of this section; and
(iv) IMCC(Ci) equals the partial liquidity horizon-adjusted ES-based 
measure specified in paragraph (c)(3) of this section for risk class 
i.

    (d) Stressed expected shortfall. (1) General. A [BANKING 
ORGANIZATION] must calculate a stressed expected shortfall, SES, that 
meets the following requirements:
    (i) The [BANKING ORGANIZATION] must calculate a capital measure for 
each non-modellable risk factor using a stress scenario that is 
calibrated to be at least as conservative as the ES-based measure, as 
described in paragraph (b), used for the internally modelled capital 
calculation, as described in paragraph (c), provided that:
    (A) To determine the applicable stress scenario, the [BANKING 
ORGANIZATION] must select a common 12-month period of stress for all 
non-modellable risk factors in the same risk class,
    (B) In determining the stress scenario, a [BANKING ORGANIZATION] 
may use proxies, provided the proxies meet the standards in Sec.  
__.214(b)(2)(vi),
    (C) Methodologies used to calculate any stressed expected shortfall 
must address non-linearities, as well as correlation and relevant basis 
risks, such as basis risk between credit default swaps and bonds; and
    (D) For each non-modellable risk factor, the liquidity horizon of 
the stress scenario must be the greater of (1) the risk factor's 
liquidity horizon assigned pursuant to paragraph (b)(1) of this section 
and (2) 20 days; and
    (E) When the [BANKING ORGANIZATION] cannot determine a stress 
scenario capital measure for any risk factor under paragraph (d)(1)(i) 
of this section, the [BANKING ORGANIZATION] must use the scenario 
capital requirement that produces the maximum possible loss for each 
risk factor as the stress scenario capital requirement, for purposes of 
calculating the stressed expected shortfall.
    (ii) Notwithstanding paragraph (d)(i) of this section, with 
approval of the [AGENCY], a [BANKING ORGANIZATION] also may use an 
alternative approach to determine the stress scenario.
    (2) Stressed expected shortfall calculation. A [BANKING 
ORGANIZATION] must calculate the stressed expected shortfall, SES, for 
all non-modellable risk factors, as follows:
[GRAPHIC] [TIFF OMITTED] TP27MR26.339

Where:

(i) SESNM,k is the stress scenario capital measure for the type A 
non-modellable risk factor k;
(ii) K is the number of type A non-modellable risk factors;
(iii) rb is 0.36;
(iv) SESNM,j is the stress scenario capital measure for the type B 
non-modellable risk factor j; and
(v) J is the number of type B non-modellable risk factors.
Sec.  __.216 [RESERVED]
Sec.  __.217 Market Risk Reporting and Disclosures
    (a) Scope. Paragraphs (b) through (f) of this section apply to 
[BANKING ORGANIZATIONS] subject to the market risk capital requirements 
as described in Sec.  __.201(b)(1) and paragraphs (b) through (e) and 
(g) of this section apply to [BANKING ORGANIZATIONS] subject to the CVA 
risk-based capital requirements as described in Sec.  __.201(b)(2), 
provided that a [BANKING ORGANIZATION] that is a consolidated 
subsidiary of a bank holding company, a covered savings and loan 
holding company that is a banking organization as defined in 12 CFR 
238.2, or a depository institution that is subject to these 
requirements or of a non-U.S. banking organization that is subject to 
comparable public disclosure requirements in its home jurisdiction is 
not required to make the disclosures required by paragraphs (f) or (g) 
of this section.
    (b) Timing. A [BANKING ORGANIZATION] must make the reports and 
disclosures described herein beginning on [THE FIRST DATE OF THE 
QUARTER THE RULE TAKES

[[Page 15250]]

EFFECT]. A [BANKING ORGANIZATION] must make timely public reports and 
disclosures each calendar quarter. If a significant change occurs, such 
that the most recent reporting amounts are no longer reflective of the 
[BANKING ORGANIZATION]'s capital adequacy and risk profile, then a 
brief discussion of this change and its likely impact must be provided 
in a public disclosure as soon as practicable thereafter. Qualitative 
disclosures that typically do not change each quarter may be disclosed 
annually, provided any significant changes are disclosed in the 
interim.
    (c) Reporting and disclosure policy. The [BANKING ORGANIZATION] 
must have a formal reporting and disclosure policy approved by the 
board of directors that addresses the [BANKING ORGANIZATION]'s approach 
for determining its market risk and CVA risk reports and disclosures. 
The policy must address the associated internal controls and reporting 
and disclosure controls and procedures. The board of directors and 
senior management must ensure that appropriate verification of the 
reports and disclosures takes place and that effective internal 
controls and reporting and disclosure controls and procedures are 
maintained. One or more senior officers of the [BANKING ORGANIZATION] 
must attest that the reports and disclosures meet the requirements of 
this subpart F, and the board of directors and senior management are 
responsible for establishing and maintaining an effective internal 
control structure over financial reporting, including the reports and 
disclosures required by this section.
    (d) Proprietary and confidential information. If a [BANKING 
ORGANIZATION] reasonably believes that reporting or disclosure of 
specific commercial or financial information would materially prejudice 
its position by making public certain information that is either 
proprietary or confidential in nature, the [BANKING ORGANIZATION] is 
not required to publicly report or disclose these specific items, but 
must report or disclose more general information about the subject 
matter of the requirement, together with the fact that, and the reason 
why, the specific items of information have not been disclosed.
    (e) Location. The [BANKING ORGANIZATION] must either provide all of 
the public reports and disclosures required by this section in one 
place on the [BANKING ORGANIZATION]'s public website or provide the 
reporting and disclosures in more than one public financial report or 
other public regulatory reports, provided that the [BANKING 
ORGANIZATION] publicly provides a summary table specifically indicating 
the location(s) of all such reporting and disclosures.
    (f) Market risk disclosures and reports--(1) Quarterly public 
disclosures. A [BANKING ORGANIZATION] must disclose publicly the 
following information at least quarterly:
    (i) The aggregate amount of on-balance sheet and off-balance sheet 
securitization positions by exposure type;
    (ii) The soundness criteria on which the [BANKING ORGANIZATION]'s 
internal capital adequacy assessment is based and a description of each 
methodology used to achieve a capital adequacy assessment that is 
consistent with the required soundness criteria, including, for a 
[BANKING ORGANIZATION] that calculates the models-based measure for 
market risk, for categories of non-modellable risk factors;
    (iii) The aggregate amount of correlation trading positions; and
    (iv) For a [BANKING ORGANIZATION] that calculates the models-based 
measure for market risk, a comparison of VaR-based estimates with 
actual gains or losses experienced by the [BANKING ORGANIZATION] for 
each material portfolio of market risk covered positions, including an 
analysis of important outliers.
    (2) Annual public disclosures. A [BANKING ORGANIZATION] must 
provide timely public disclosures of the following information at least 
annually:
    (i) A description of the structure and organization of the market 
risk management system, including a description of the market risk 
governance structure established to implement the strategies and 
processes of the [BANKING ORGANIZATION] described in this paragraph 
(f);
    (ii) A description of the policies and processes for determining 
whether a position is designated as a market risk covered position and 
the risk management policies for monitoring market risk covered 
positions;
    (iii) The composition of material portfolios of market risk covered 
positions;
    (iv) A description of the scope and nature of risk reporting and/or 
measurement systems and the strategies and processes implemented by the 
[BANKING ORGANIZATION] to identify, measure, monitor and control the 
[BANKING ORGANIZATION]'s market risks, including policies for hedging;
    (v) A description of the trading desk structure and the types of 
market risk covered positions included on the trading desks or in 
trading desk categories, which must include:
    (A) A description of the model-eligible trading desks for which a 
[BANKING ORGANIZATION] calculates the models-based non-default capital 
requirement; and
    (B) Any changes in the scope of model-ineligible trading desks and 
the market risk covered positions on those trading desks.
    (vi) The [BANKING ORGANIZATION]'s valuation policies, procedures, 
and methodologies for each material portfolio of market risk covered 
positions including, for securitization positions, the methods and key 
assumptions used for valuing such securitization positions, any 
significant changes since the last reporting period, and the impact of 
such change;
    (vii) The characteristics of the internal models used for purposes 
of calculating the models-based measure for market risk and the 
specific approaches used in the validation of these models. For the 
models-based non-default capital requirement, this must include a 
general description of the model(s) used to calculate the ES-based 
measure in Sec.  __.215(b), the frequency by which data is updated, and 
a description of the calculation based on current and stressed 
observations.
    (viii) A description of the approaches used for validating and 
evaluating the accuracy of internal models and modeling processes for 
purposes of this subpart F;
    (ix) For each market risk category (that is, interest rate risk, 
credit spread risk, equity risk, foreign exchange risk, and commodity 
risk), a description of the stress tests applied to the market risk 
covered positions subject to the category;
    (x) The results of the comparison of the [BANKING ORGANIZATION]'s 
internal estimates for purposes of this subpart F with actual outcomes 
during a sample period not used in model development;
    (xi) A description of the [BANKING ORGANIZATION]'s processes for 
monitoring changes in the credit and market risk of securitization 
positions, including how those processes differ for resecuritization 
positions; and
    (xii) A description of the [BANKING ORGANIZATION]'s policy 
governing the use of credit risk mitigation to mitigate the risks of 
securitization positions and resecuritization positions.
    (3) Public reports. A [BANKING ORGANIZATION] subject to the market 
risk capital requirements as described in

[[Page 15251]]

Sec.  __.201(b)(1) must provide, in the manner and form prescribed by 
the [AGENCY], a public report of its measure for market risk, on a 
quarterly basis. A [BANKING ORGANIZATION] must report additional 
information and reports as the [AGENCY] may require.
    (4) Confidential supervisory reports. (i) A [BANKING ORGANIZATION] 
that calculates the models-based measure for market risk must provide 
to the [AGENCY], in the manner and form prescribed by the [AGENCY], a 
confidential supervisory report of backtesting and PLA testing 
information, on a quarterly basis.
    (ii) A [BANKING ORGANIZATION] must report to the [AGENCY] the 
following information at the aggregate level for all model-eligible 
trading desks for each business day over the previous 500 business 
days, or all available business days, if 500 business days are not 
available, with no more than a 20-day lag:
    (A) Daily VaR-based measures calibrated to the 99.0th percentile as 
described in Sec.  __.204(g)(1);
    (B) Daily ES-based measure calculated in accordance with Sec.  
__.215(b) calibrated at the 97.5th percentile;
    (C) The actual profit and loss;
    (D) The hypothetical profit and loss; and
    (E) The p-value of the profit or loss on each day, which is the 
probability of observing a profit that is less than, or a loss that is 
greater than, the amount reported for purposes of paragraph 
(f)(4)(ii)(C) of this section based on the model used to calculate the 
VaR-based measure described in paragraph (f)(4)(ii)(A) of this section.
    (iii) A [BANKING ORGANIZATION] must report to the [AGENCY] the 
following information for each trading desk for each business day over 
the previous 500 business days, or all available business days, if 500 
business days are not available, with no more than a 20-day lag:
    (A) Daily VaR-based measures for the trading desk calibrated at 
both the 97.5th percentile and the 99.0th percentile as described in 
Sec.  __.213(b)(1);
    (B) Daily ES-based measure calculated in accordance with Sec.  
__.215(b) calibrated at the 97.5th percentile;
    (C) The actual profit and loss;
    (D) The hypothetical profit and loss;
    (E) Risk-theoretical profit and loss; and
    (F) The p-values of the profit or loss on each day (that is, the 
probability of observing a profit that is less than, or a loss that is 
greater than, the amount reported for purposes of paragraph 
(f)(4)(iii)(C) of this section based on the model used to calculate the 
VaR-based measure described in paragraph (f)(4)(iii)(A) of this 
section).
    (g) CVA risk disclosures and reports--(1) Risk management-related 
disclosure requirements. Except as provided in paragraphs (a) and (d) 
of this section, a [BANKING ORGANIZATION] subject to the CVA risk-based 
capital requirements as described in Sec.  __.201(b)(2) must make the 
disclosures described in Tables 1 and 2 to Sec.  __.217. The [BANKING 
ORGANIZATION] must make these disclosures publicly available for each 
of the last twelve quarters, or such shorter period beginning in the 
quarter in which the [BANKING ORGANIZATION] becomes subject to subpart 
F of this part.
[GRAPHIC] [TIFF OMITTED] TP27MR26.340

[GRAPHIC] [TIFF OMITTED] TP27MR26.341

CVA Risk-Based Capital Requirements
Sec.  __.220 General Requirements for CVA Risk
    (a) Identification of CVA risk covered positions and eligible CVA 
hedges. A [BANKING ORGANIZATION] must:
    (1) Identify all CVA risk covered positions and all transactions 
that hedge or are intended to hedge CVA risk;
    (2) Identify all eligible CVA hedges and ineligible CVA hedges; and
    (3) For a [BANKING ORGANIZATION] that has approval to use the 
standardized measure for CVA risk, identify all eligible CVA hedges for 
the purposes of calculating the basic CVA approach capital requirement 
and all eligible CVA hedges for the purpose of calculating the 
standardized CVA approach capital requirement.

[[Page 15252]]

    (b) CVA hedging policy. A [BANKING ORGANIZATION] that hedges its 
CVA risk must have a clearly defined hedging policy for CVA risk that 
is reviewed and approved by senior management at least annually. The 
hedging policy must quantify the level of CVA risk that the [BANKING 
ORGANIZATION] is willing to accept and must detail the instruments, 
techniques, and strategies that the [BANKING ORGANIZATION] will use to 
hedge CVA risk.
    (c) Documentation. A [BANKING ORGANIZATION] must have policies and 
procedures for determining its CVA risk-based capital requirement. A 
[BANKING ORGANIZATION] must adequately document all material aspects of 
its identification and management of CVA risk covered positions and 
eligible CVA hedges, and control, oversight, and review processes. A 
[BANKING ORGANIZATION] that calculates the standardized measure for CVA 
risk must adequately document:
    (1) Policies and procedures of the CVA desk, or similar dedicated 
function, and the independent risk control unit;
    (2) The internal auditing process;
    (3) The internal policies, controls, and procedures concerning the 
[BANKING ORGANIZATION]'s CVA calculations for financial reporting 
purposes;
    (4) The initial and ongoing validation of the [BANKING 
ORGANIZATION]'s models used for calculating regulatory CVA under Sec.  
__.224(d), including exposure models; and
    (5) The [BANKING ORGANIZATION]'s process to assess the performance 
of models used for calculating regulatory CVA under Sec.  __.224(d), 
including exposure models, and implement remedies.
Sec.  __.221 Measure for CVA Risk
    (a) General requirements. A [BANKING ORGANIZATION] must calculate 
its measure for CVA risk as the basic measure for CVA risk in 
accordance with paragraph (b) of this section, unless the [BANKING 
ORGANIZATION] has prior approval of the [AGENCY] and chooses to 
calculate its measure for CVA risk as the standardized measure for CVA 
risk in accordance with paragraph (c) of this section.
    (b) Basic measure for CVA risk. The basic measure for CVA risk 
equals the basic CVA approach capital requirement as provided in Sec.  
__.222 for all CVA risk covered positions and eligible CVA hedges, plus 
any additional capital requirement for CVA risk established by the 
[AGENCY] pursuant to Sec.  __.201(c).
    (c) Standardized measure for CVA risk. The standardized measure for 
CVA risk equals the sum of the standardized CVA approach capital 
requirement as provided in paragraph (c)(1) of this section for all 
standardized CVA risk covered positions and standardized CVA hedges, 
the basic CVA approach capital requirement as provided in Sec.  __.222 
for all basic CVA risk covered positions and basic CVA hedges, and any 
additional capital requirement for CVA risk established by the [AGENCY] 
pursuant to Sec.  __.201(c).
    (1) The standardized CVA approach capital requirement equals the 
sum of the CVA delta capital requirement and the CVA vega capital 
requirement as calculated in accordance with Sec.  __.224.
    (2) A [BANKING ORGANIZATION] that has received approval from the 
[AGENCY] to use the standardized measure for CVA risk must include the 
following CVA risk covered positions as basic CVA risk covered 
positions to be included in the calculation of the basic CVA approach 
capital requirement:
    (i) Any CVA risk covered position that the [AGENCY] specifies must 
be included in the basic CVA approach capital requirement pursuant to 
Sec.  __.223(a)(1);
    (ii) Any CVA risk covered position in a netting set that the 
[BANKING ORGANIZATION] chooses to exclude from the calculation of the 
standardized CVA approach capital requirement; and
    (iii) Any CVA risk covered position in a partial netting set 
designated for inclusion in the basic CVA approach.
    (3) A [BANKING ORGANIZATION] that has received approval from the 
[AGENCY] to use the standardized measure for CVA risk must include the 
following eligible CVA hedges as basic CVA hedges to be included in the 
calculation of the basic CVA approach capital requirement:
    (i) Any eligible CVA hedge that the [AGENCY] specifies must be 
included in the basic CVA approach capital requirement pursuant to 
Sec.  __.223(a)(1); and
    (ii) Any CVA hedge that is an eligible CVA hedge for purposes of 
calculating the basic CVA approach capital requirement that the 
[BANKING ORGANIZATION] chooses to include in the basic CVA approach 
capital requirement.
Sec.  __.222 Basic CVA Approach
    (a) Basic CVA approach capital requirement. The basic CVA approach 
capital requirement equals Kbasic, which is calculated as follows:

Kbasic = 0.65 [middot] ([beta] [middot] Kunhedged + (1-[beta]) [middot] 
Khedged)

Where:

(1) The parameter, [beta], equals 0.25;
(2) Kunhedged is calculated as follows:
[GRAPHIC] [TIFF OMITTED] TP27MR26.342

Where:

    (i) The correlation parameter, [rho], equals 50 percent;
(ii) Sc( ) refers to a summation across all counterparties, c, of 
CVA risk covered positions;
(iii) SCVAc is equal to:
[GRAPHIC] [TIFF OMITTED] TP27MR26.226

Where:

(A) a equals:
(1) 1 for counterparties for which the [BANKING ORGANIZATION] 
calculates exposure amount under Sec.  __.114(e)(4); and

[[Page 15253]]

(2) 1.4 for all other counterparties.
(B) SNS( ) refers to a summation across all netting sets with the 
counterparty;
(C) MNS is the effective maturity for the netting set, NS, measured in 
years, calculated as the weighted-average remaining maturity of the 
individual CVA risk covered positions within the netting set, with the 
weight of each individual position equal to the notional amount of the 
position divided by the aggregate notional amount of all positions in 
the netting set;
(D) EADNS is the EAD of the netting set, NS, which must be determined 
using the same methodology it uses to calculate the exposure amount for 
counterparty credit risk for its OTC derivative contracts under Sec.  
__.34 or Sec. Sec.  __.113 through __.114, as applicable;
[GRAPHIC] [TIFF OMITTED] TP27MR26.225

(F) RWc is the risk weight for counterparty c, based on the sector and 
credit quality of the counterparty, as specified in Table 1 to Sec.  
__.222.
[GRAPHIC] [TIFF OMITTED] TP27MR26.229

(3) Khedged is calculated as follows:
[GRAPHIC] [TIFF OMITTED] TP27MR26.228


Where:

(i) The correlation parameter, r, is defined in paragraph (a)(2)(i) of 
this section;
(ii) Sc( ) refers to a summation across all counterparties, c, of CVA 
risk covered positions, SCVAc, as defined in paragraph (a)(2)(iii) of 
this section;
(iii) SNHc is calculated as follows:

[[Page 15254]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.227


Where:

    (A) She( ) refers to a summation across all single-name eligible 
CVA hedges, h, that the [BANKING ORGANIZATION] uses to hedge the CVA 
risk of counterparty, c;
    (B) rhc is the correlation between the credit spread of 
counterparty, c, and the credit spread of a single-name hedge, h, of 
counterparty, c, as specified in Table 2 to Sec.  __.222;
    (C) RWh is the risk weight of single-name hedge, h, as prescribed 
in Table 1 to Sec.  __.222, for the sector and credit quality of the 
reference name of the hedge;
[GRAPHIC] [TIFF OMITTED] TP27MR26.232

[GRAPHIC] [TIFF OMITTED] TP27MR26.231

(iv) IH is calculated as follows:
[GRAPHIC] [TIFF OMITTED] TP27MR26.230


Where:

(A) Si( ) refers to a summation across all eligible CVA hedges that are 
index hedges, i, that the [BANKING ORGANIZATION] uses to hedge CVA 
risk;
(B) RWi is the risk weight of the index hedge, i, as follows:
(1) For an index hedge where all index constituents belong to the same 
sector and are of the same credit quality, the value in Table 1 to 
Sec.  __.222 corresponding to that sector and credit quality, 
multiplied by 0.7; or
    (2) For an index spanning multiple sectors or with a mixture of 
investment grade constituents and other grade constituents, the 
notional-weighted average of the risk weights from Table 1 to Sec.  
__.222 corresponding to the sectors and credit qualities of the 
constituents, multiplied by 0.7;

[[Page 15255]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.234

(v) HMAc is calculated as follows where all terms have the same 
definitions as set out in paragraph (a)(3)(iii) of this section:
[GRAPHIC] [TIFF OMITTED] TP27MR26.233

    (b) [Reserved]
Sec.  __.223 Requirements for the Standardized Measure for CVA Risk
    (a) Eligibility requirements. (1) A [BANKING ORGANIZATION] must 
receive approval of the [AGENCY] prior to using the standardized 
measure for CVA risk for calculating CVA capital requirements. Such 
approval may specify certain CVA risk covered positions and eligible 
CVA hedges that must be included in the calculation of the basic CVA 
approach capital requirement. In order to be eligible to use the 
standardized measure for CVA risk, a [BANKING ORGANIZATION] must meet 
the following requirements:
    (i) A [BANKING ORGANIZATION] must be able to calculate, on at least 
a monthly basis, regulatory CVA and CVA sensitivities to market risk 
factors and counterparty credit spreads specified in Sec.  __.224 and 
Sec.  __.225;
    (ii) A [BANKING ORGANIZATION] must have a CVA desk, or a similar 
dedicated function, responsible for CVA risk management and hedging 
consistent with the [BANKING ORGANIZATION]'s policies and procedures;
    (iii) A [BANKING ORGANIZATION] must determine the EAD for 
derivative contracts using the standardized approach for counterparty 
credit risk as specified in Sec.  __.114; and
    (iv) A [BANKING ORGANIZATION] must meet all of the requirements 
listed in paragraph (b) of this section and the requirements in Sec.  
__.220(c) on an ongoing basis.
    (2) The [AGENCY] may rescind its approval of the use of the 
standardized measure for CVA risk (in whole or in part), if the 
[AGENCY] determines that the model no longer complies with this subpart 
or fails to reflect accurately the CVA risk of the [BANKING 
ORGANIZATION]'s CVA risk covered positions.
    (3) The [AGENCY] may specify that one or more CVA risk covered 
positions or one or more eligible CVA hedges must be included in the 
basic CVA approach capital requirement or prescribe an alternative 
capital requirement, if the [AGENCY] determines that the [BANKING 
ORGANIZATION]'s implementation of the standardized CVA approach capital 
requirement no longer complies with this subpart F or fails to reflect 
accurately the CVA risk.
    (b) Ongoing requirements. (1) Exposure models used in the 
calculation of regulatory CVA under Sec.  __.224(d) must be part of a 
CVA risk management framework that includes the identification, 
measurement, management, approval, and internal reporting of CVA risk.
    (2) Senior management must have oversight of the risk control 
process.
    (3) A [BANKING ORGANIZATION] must have an independent risk control 
unit that is responsible for the effective initial and ongoing 
validation (no less than annual) of the models used for calculating 
regulatory CVA under Sec.  __.224(d), including exposure models. This 
unit must be independent from the business unit that evaluates 
counterparties and sets limits, a [BANKING ORGANIZATION]'s trading 
desks, and the CVA desk, or similar dedicated function, and must report 
directly to senior management of the [BANKING ORGANIZATION].
    (4) A [BANKING ORGANIZATION] must document the process for initial 
and ongoing validation of its models used for calculating regulatory 
CVA under Sec.  __.224(d), including exposure models, which must 
recreate the analysis, to a level of detail that would enable a third 
party to understand how the models operate, their limitations, and 
their key assumptions. This documentation must set out the minimum 
frequency (no less than annual) with which ongoing validation will be 
conducted as well as other circumstances (such as a sudden change in 
market behavior) under which additional validation must be conducted 
more frequently. In addition, the documentation must sufficiently 
describe how the validation is conducted with respect to data flows and 
portfolios, what analyses are used, and how representative counterparty 
portfolios are constructed.
    (5) A [BANKING ORGANIZATION] must test the pricing models used to 
calculate exposure for given paths of market risk factors against 
appropriate independent benchmarks for a wide range of market states as 
part of the initial and ongoing model validation process. A [BANKING 
ORGANIZATION]'s pricing models for options must account for the non-
linearity of option value with respect to market risk factors.
    (6) An independent review of the overall CVA risk management 
process must be conducted as part of the [BANKING ORGANIZATION]'s own 
regular internal auditing process. This review must include both the 
activities of the CVA desk, or similar dedicated function, and of the 
independent risk control unit.
    (7) A [BANKING ORGANIZATION] must define criteria on which to 
assess the exposure models and their inputs and have a written policy 
in place to describe the process to assess the performance of exposure 
models and remedy unacceptable performance.
    (8) A [BANKING ORGANIZATION]'s exposure models must capture 
transaction-specific information in order to aggregate exposures at the 
level of the netting set. A [BANKING ORGANIZATION] must verify that

[[Page 15256]]

transactions are assigned to the appropriate netting set within the 
model.
    (9) A [BANKING ORGANIZATION]'s exposure models must reflect 
transaction terms and specifications accurately. The terms and 
specifications must reside in a secure database that is subject to 
formal and periodic audit no less than annually. The transmission of 
transaction terms and specifications data to the exposure model must 
also be subject to internal audit, and formal reconciliation processes 
must be in place between the internal model and source data systems to 
verify on an ongoing basis that transaction terms and specifications 
are being reflected correctly or at least conservatively.
    (10) A [BANKING ORGANIZATION] must acquire current and historical 
market data that are either independent of the lines of business or 
validated independently from the lines of business and be compliant 
with applicable accounting standards. The data must be input into the 
exposure models in a timely and complete fashion, and maintained in a 
secure database subject to formal and periodic audit. A [BANKING 
ORGANIZATION] must also have a well-developed data integrity process to 
handle the data of erroneous and anomalous observations. In the case 
where an exposure model relies on proxy market data, a [BANKING 
ORGANIZATION] must set internal policies to identify suitable proxies 
and the [BANKING ORGANIZATION] must demonstrate empirically on an 
ongoing basis that the proxy provides a conservative representation of 
the underlying risk under adverse market conditions.
Sec.  __.224 Calculation of the Standardized CVA Approach
    (a) General. A [BANKING ORGANIZATION] must calculate the CVA delta 
capital requirement pursuant to paragraph (b) of this section and the 
CVA vega capital requirement pursuant to paragraph (c) of this section, 
in both cases for all standardized CVA risk covered positions and for 
the market value of all standardized CVA hedges, in accordance with the 
requirements set forth below.
    (1) For each standardized CVA risk covered position and 
standardized CVA hedge, a [BANKING ORGANIZATION] must identify all of 
the relevant risk factors as described in Sec.  __.225 for which it 
will calculate sensitivities for delta risk and vega risk as described 
in paragraphs (b) and (c) of this section. A [BANKING ORGANIZATION] 
must also identify the corresponding buckets related to these risk 
factors as described in Sec.  __.225.
    (2) A [BANKING ORGANIZATION] must assign a standardized CVA hedge 
that mitigates credit spread delta risk either to the counterparty 
credit spread risk class or to the reference credit spread risk class.
    (b) CVA delta capital requirement. (1) General. The CVA delta 
capital requirement equals the sum of the risk class-level CVA delta 
capital requirements calculated pursuant to paragraph (b)(4) of this 
section for each of the following six risk classes:
    (i) Interest rate risk;
    (ii) Foreign exchange risk;
    (iii) Counterparty credit spread risk;
    (iv) Reference credit spread risk;
    (v) Equity risk; and
    (vi) Commodity risk.
    (2) Net weighted sensitivity calculation. For each risk factor, k, 
specified in Sec.  __.225(a), a [BANKING ORGANIZATION] must:
[GRAPHIC] [TIFF OMITTED] TP27MR26.343

    (3) Within bucket aggregation. For each bucket, b, as provided in 
Sec.  __.225(a), a [BANKING ORGANIZATION] must calculate the bucket-
level CVA delta capital requirement, kb, by aggregating the net

[[Page 15257]]

weighted delta sensitivities for each risk factor in a bucket, b , 
using the buckets and correlation parameters, rkl, applicable to each 
risk class as specified in Sec.  __.225(a), as follows:
[GRAPHIC] [TIFF OMITTED] TP27MR26.344

Where:
R is the hedging disallowance parameter equal to 0.01.

    (4) Across bucket aggregation. A [BANKING ORGANIZATION] must 
calculate the risk class-level CVA delta capital requirement, K, by 
aggregating the bucket-level CVA delta capital requirements, Kb, for 
each bucket in the risk class using the correlation parameters, gbc, 
applicable to each risk class as specified in Sec.  __.225(a), as 
follows:
[GRAPHIC] [TIFF OMITTED] TP27MR26.345

Where:

(i) Sb is defined for bucket, b, as:
[GRAPHIC] [TIFF OMITTED] TP27MR26.346

(ii) Sc is defined for bucket c as:
[GRAPHIC] [TIFF OMITTED] TP27MR26.347

(iii) The multiplier, mcvA , equals 1, unless the [AGENCY] notifies 
the [BANKING ORGANIZATION] in writing that a different value must be 
used. The [AGENCY] may increase a [BANKING ORGANIZATION]'s 
multiplier if it determines that the [BANKING ORGANIZATION]'s CVA 
model risk warrants it.

    (c) CVA vega capital requirement. (1) General. The CVA vega capital 
requirement equals the sum of the risk class-level CVA vega capital 
requirements calculated pursuant to paragraph (c)(4) of this section 
for each of the following five risk classes:
    (i) Interest rate risk;
    (ii) Foreign exchange risk;
    (iii) Reference credit spread risk;
    (iv) Equity risk; and
    (v) Commodity risk.
    (2) Net weighted sensitivity calculation. For each risk factor, k, 
specified in Sec.  __.225(b), a [BANKING ORGANIZATION] must:

[[Page 15258]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.348

    (3) Within bucket aggregation. For each bucket, b, as provided in 
Sec.  __.225(b), a [BANKING ORGANIZATION] must calculate the bucket-
level CVA vega capital requirement, Kb, by aggregating the net weighted 
vega sensitivities for each risk factor in a bucket, b, using the 
buckets and correlation parameters, rkl, applicable to each risk class 
as specified in Sec.  __.225(b), as follows:
[GRAPHIC] [TIFF OMITTED] TP27MR26.349

Where:
R is the hedging disallowance parameter equal to 0.01.

    (4) Across bucket aggregation. A [BANKING ORGANIZATION] must 
calculate the risk class-level CVA vega capital requirement, K, by 
aggregating the bucket-level CVA vega capital requirements, Kb, for 
each bucket in the risk class using the correlation parameters, Ybc, 
applicable to each risk class as specified in Sec.  __.225(b), as 
follows:
[GRAPHIC] [TIFF OMITTED] TP27MR26.350

Where:


    (i) Sb is defined for bucket b as:

Sb = max (min ([Sigma]k[egr]b WSk, Kb), -Kb)

(ii) Sc is defined for bucket c as:
Sc = max (min ([Sigma]k[egr]c WSk, Kc), -Kc)

(iii) The multiplier, mcvA , equals 1, unless the [AGENCY] notifies 
the [BANKING ORGANIZATION] in writing that a different value must be 
used. The [AGENCY] may increase a [BANKING ORGANIZATION]'s 
multiplier if it determines that the [BANKING ORGANIZATION]'s CVA 
model risk warrants it.

    (d) Calculation of regulatory CVA. A [BANKING ORGANIZATION] must 
calculate aggregate regulatory CVA as the sum of regulatory CVA for 
each counterparty.
    (1) A [BANKING ORGANIZATION] must calculate regulatory CVA at the 
counterparty level as the expected loss resulting from default of the 
counterparty and assuming non-default of the [BANKING ORGANIZATION]. In 
expressing the regulatory CVA, non-zero losses must have a positive 
sign.
    (2) The calculation of regulatory CVA must be based, at a minimum, 
on the following inputs, consistent with the requirements of this 
paragraph (d) of this section:

[[Page 15259]]

    (i) Term structure of market-implied probability of default;
    (ii) Market-consensus expected loss-given-default; and
    (iii) Simulated paths of discounted future exposure.
    (3) The term structure of market-implied probability of default 
must be estimated from credit spreads observed in the markets. For 
counterparties whose credit is not actively traded (illiquid 
counterparties), the market-implied probability of default must be 
estimated from proxy credit spreads, estimated for such counterparties 
according to the following requirements:
    (i) A [BANKING ORGANIZATION] must estimate the credit spread curves 
of illiquid counterparties from credit spreads observed in the markets 
of the counterparty's liquid peers via an algorithm that is based, at a 
minimum, on the following inputs:
    (A) A measure of credit quality;
    (B) Industry; and
    (C) Region;
    (ii) A [BANKING ORGANIZATION] may map an illiquid counterparty to a 
single liquid reference name if the [BANKING ORGANIZATION] demonstrates 
to the [AGENCY] that such mapping is appropriate; and
    (iii) When no credit spread of any of the counterparty's peers is 
available due to the counterparty's specific type, a [BANKING 
ORGANIZATION] may use an estimate of credit risk to proxy the spread of 
an illiquid counterparty; provided that where a [BANKING ORGANIZATION] 
uses historical probabilities of default as part of this assessment, 
the resulting spread must relate to credit markets and cannot be based 
on historical probabilities of default alone.
    (4) The market-consensus expected loss-given-default value must be 
the same as the one used to calculate the market-implied probability of 
default from credit spreads unless the seniority of the exposure 
resulting from CVA risk covered positions differs from the seniority of 
senior unsecured bonds.
    (5) The simulated paths of discounted future exposure are produced 
by pricing all standardized CVA risk covered positions with the 
counterparty along simulated paths of relevant market risk factors and 
discounting the prices to today using risk-free interest rates along 
the path.
    (6) All market risk factors material for the transactions with a 
counterparty must be simulated as stochastic processes for an 
appropriate number of paths defined on an appropriate set of future 
time points extending to the maturity of the longest transaction.
    (7) For transactions with a significant level of dependence between 
exposure and the counterparty's credit quality, a [BANKING 
ORGANIZATION] must account for this dependence in regulatory CVA 
calculations.
    (8) For margined counterparties, only financial collateral that 
qualifies for inclusion in the net independent collateral amount or 
variation margin amount under Sec. Sec.  __.113 through __.114 may be 
recognized as a risk mitigant.
    (9) For margined counterparties, the simulated paths of discounted 
future exposure must capture the effects of margining collateral that 
is recognized as a risk mitigant along each exposure path. All of the 
relevant contractual features such as the nature of the margin 
agreement (unilateral vs bilateral), the frequency of margin calls, the 
type of collateral, thresholds, independent amounts, initial margins, 
and minimum transfer amounts must be appropriately captured by the 
exposure model. To determine collateral available to a [BANKING 
ORGANIZATION] at a given exposure measurement time point, the exposure 
model must assume that the counterparty will not post or return any 
collateral within a certain time period immediately prior to that time 
point, the margin period of risk (MPoR). For all standardized CVA risk 
covered positions, the MPoR must not be less than 9 + N business days. 
For purposes of this paragraph (d)(9), N is the re-margining period 
specified in the margin agreement.
    (10) A [BANKING ORGANIZATION] must obtain the simulated paths of 
discounted future exposure using the same CVA exposure models used by 
the [BANKING ORGANIZATION] for financial reporting purposes, adjusted 
to meet the requirements of this section. For purposes of this section, 
a [BANKING ORGANIZATION] must use the same model calibration process, 
market data, and transaction data as the [BANKING ORGANIZATION] uses in 
its CVA calculations for financial reporting purposes, adjusted to meet 
the requirements of this calculation.
    (11) A [BANKING ORGANIZATION]'s generation of market risk factor 
paths underlying the exposure models must satisfy the following 
requirements:
    (i) Drifts of risk factors must be consistent with a risk-neutral 
probability measure and a [BANKING ORGANIZATION] may not calibrate 
drifts of risk factors on a historical basis;
    (ii) A [BANKING ORGANIZATION] must calibrate the volatilities and 
correlations of market risk factors to market data; provided that, 
where sufficient data from a liquid derivatives market does not exist, 
a [BANKING ORGANIZATION] may calibrate volatilities and correlations of 
market risk factors on a historical basis; and
    (iii) The distribution of modelled risk factors must adequately 
account for the possible non-normality of the distribution of 
exposures.
    (12) For purposes of the calculation of the regulatory CVA, a 
[BANKING ORGANIZATION] must recognize netting in the same manner as 
used by the [BANKING ORGANIZATION] for financial reporting purposes.
    (e) CVA Sensitivities. For purposes of calculating the CVA delta 
capital requirement and the CVA vega capital requirement, a [BANKING 
ORGANIZATION] must calculate the CVA delta sensitivities and CVA vega 
sensitivities in accordance with the requirements set forth below.
    (1) Reference value. For purposes of calculating the CVA delta 
sensitivity or CVA vega sensitivity of aggregate regulatory CVA to a 
risk factor, , the reference value is the aggregate regulatory CVA of 
all standardized CVA risk covered positions. For purposes of 
calculating the CVA delta sensitivity or CVA vega sensitivity of 
aggregate market value of standardized CVA hedges to a risk factor, , 
the reference value is the aggregate market value of all standardized 
CVA hedges.
    (2) CVA delta sensitivities definitions--(i) Interest rate risk. 
(A) For currencies specified in Sec.  __.225(a)(1)(ii), a [BANKING 
ORGANIZATION] must calculate the CVA delta sensitivity to each delta 
risk factor by changing the risk-free yield for a given tenor for all 
curves in a given currency by 0.0001 and dividing the resulting change 
in the reference value by 0.0001. A [BANKING ORGANIZATION] must measure 
the delta sensitivity to the inflation rate by changing the inflation 
rate by 0.0001 and dividing the resulting change in the reference value 
by 0.0001.
    (B) For currencies not specified in Sec.  __.225(a)(1)(ii), a 
[BANKING ORGANIZATION] must measure the CVA delta sensitivity to each 
delta risk factor by applying a parallel shift to all risk-free yield 
curves in a given currency by 0.0001 and dividing the resulting change 
in the reference value by 0.0001. A [BANKING ORGANIZATION] must measure 
the delta sensitivity to the inflation rate by changing the inflation 
rate by 0.0001 and dividing the resulting change in the reference value 
by 0.0001.
    (ii) Foreign exchange risk. A [BANKING ORGANIZATION] must measure 
the CVA delta sensitivity to each delta risk factor by multiplying the

[[Page 15260]]

current value of the exchange rate between the [BANKING ORGANIZATION]'s 
reporting currency and the other currency (i.e., the value of one unit 
of another currency expressed in units of the reporting currency) by 
1.01 and dividing the resulting change in the reference value by 0.01. 
For transactions that reference an exchange rate between a pair of non-
reporting currencies, a [BANKING ORGANIZATION] must measure the CVA 
delta sensitivities to the foreign exchange spot rate between the 
[BANKING ORGANIZATION]'s reporting currency and each of the referenced 
non-reporting currencies.
    (iii) Counterparty credit spread risk. For each entity and each 
tenor point, a [BANKING ORGANIZATION] must measure the CVA delta 
sensitivity to each delta risk factor for counterparty credit risk by 
shifting the relevant credit spread by 0.0001 and dividing the 
resulting change in the reference value by 0.0001.
    (iv) Reference credit spread risk. A [BANKING ORGANIZATION] must 
measure the CVA delta sensitivity to each delta risk factor for 
reference credit spread risk by simultaneously shifting all of the 
credit spreads for all tenors of all reference names in the bucket by 
0.0001 and dividing the resulting change in the reference value by 
0.0001.
    (v) Equity risk. A [BANKING ORGANIZATION] must measure the CVA 
delta sensitivity to each delta risk factor for equity risk by 
multiplying the current values of all of the equity spot prices for all 
reference names in the bucket by 1.01 and dividing the resulting change 
in the reference value by 0.01.
    (vi) Commodity risk. A [BANKING ORGANIZATION] must measure the CVA 
delta sensitivities to each delta risk factor for commodity risk by 
multiplying the current values of all of the spot prices of all 
commodities in the bucket by 1.01 and dividing the resulting change in 
the reference value by 0.01.
    (3) CVA vega sensitivities definitions--(i) Interest rate risk. A 
[BANKING ORGANIZATION] must measure the CVA vega sensitivity to each 
vega risk factor by multiplying the current values of all interest rate 
or inflation rate volatilities, respectively, by 1.01 and dividing the 
resulting change in the reference value by 0.01.
    (ii) Foreign exchange risk. A [BANKING ORGANIZATION] must measure 
the CVA vega sensitivity to each vega risk factor for foreign exchange 
risk by multiplying the current values of all volatilities for a given 
exchange rate between the [BANKING ORGANIZATION]'s reporting currency 
and another currency by 1.01 and dividing the resulting change in the 
reference value by 0.01. For transactions that reference an exchange 
rate between a pair of non-reporting currencies, a [BANKING 
ORGANIZATION] must measure the volatilities of the foreign exchange 
spot rates between the [BANKING ORGANIZATION]'s reporting currency and 
each of the referenced non-reporting currencies.
    (iii) Reference credit spread risk. A [BANKING ORGANIZATION] must 
measure the CVA vega sensitivity to each vega risk factor for reference 
credit spread risk by multiplying the current values of the 
volatilities of all credit spreads of all tenors for all reference 
names in the bucket by 1.01 and dividing the resulting change in the 
reference values by 0.01.
    (iv) Equity risk. A [BANKING ORGANIZATION] must measure the CVA 
vega sensitivity to each risk factor for equity risk by multiplying the 
current values of the volatilities for all reference names in the 
bucket by 1.01 and dividing the resulting change in the reference value 
by 0.01.
    (v) Commodity risk. A [BANKING ORGANIZATION] must measure the CVA 
vega sensitivity to each vega risk factor for commodity risk by 
multiplying the current values of the volatilities for all commodities 
in the bucket by 1.01 and dividing the resulting change in the 
reference value by 0.01.
    (4) Notwithstanding paragraphs (e)(2) and (3) of this section, a 
[BANKING ORGANIZATION] may use smaller values of risk factor changes 
than what is specified in paragraphs (e)(2) and (3) of this section if 
doing so is consistent with internal risk management calculations.
    (5) When CVA vega sensitivities are calculated, the volatility 
shift must apply to both types of volatilities that appear in exposure 
models:
    (i) Volatilities used for generating risk factor paths; and
    (ii) Volatilities used for pricing options.
    (6) In cases where a standardized CVA risk covered position or a 
standardized CVA hedge references an index, the sensitivities of the 
aggregate regulatory CVA or the market value of the eligible CVA hedge 
to all risk factors upon which the value of the index depends must be 
calculated. The sensitivity of the aggregate regulatory CVA or the 
market value of the standardized CVA hedge to risk factor, , must be 
calculated by applying the shift of risk factor, , to all index 
constituents that depend on this risk factor and recalculating the 
aggregate regulatory CVA or the market value of the standardized CVA 
hedge.
    (7) Notwithstanding paragraph (e)(6) of this section, for credit 
and equity indices:
    (i) For the risk classes of counterparty credit spread risk, 
reference credit spread risk, and equity risk, a [BANKING ORGANIZATION] 
may choose to introduce a set of additional risk factors that directly 
correspond to the indices (index risk factors);
    (ii) If a [BANKING ORGANIZATION] chooses to introduce such 
additional risk factors, a [BANKING ORGANIZATION] must calculate CVA 
sensitivities to the index risk factors in addition to sensitivities to 
the other index risk factors; and
    (iii) For a standardized CVA risk covered position or a 
standardized CVA hedge whose underlying is an index, its contribution 
to sensitivities to the index constituents is replaced with its 
contribution to a single sensitivity to the underlying index, provided 
that:
    (A) For equity indices where at least 75 percent of market value of 
the constituents of the index, taking into account the weightings of 
the constituents, are mapped to the same sector, the entire index must 
be mapped to that sector and treated as a single-name sensitivity in 
that bucket;
    (B) For credit indices where at least 75 percent of notional value 
of the constituents of the index, taking into account the weightings of 
the constituents, are mapped to the same sector, the entire index must 
be mapped to that sector and treated as a single-name sensitivity in 
that bucket; and
    (C) In all other cases, the sensitivity must be mapped to the 
applicable index bucket.
Sec.  __.225 Standardized CVA Approach: Definitions of Buckets, Risk 
Factors, Risk Weights, and Correlation Parameters
    (a) CVA delta capital requirement--(1) Interest rate risk--(i) 
Delta buckets for interest rate risk. A [BANKING ORGANIZATION] must 
establish a separate interest rate risk bucket for each currency.
    (ii) For the purposes of this section, specified currencies mean 
United States Dollar, Australian Dollar, Canadian Dollar, Euro, 
Japanese Yen, Swedish Krona, and United Kingdom Pound, and any 
additional currencies specified by the [AGENCY].
    (A) Delta risk factors for interest rate risk, specified 
currencies. The delta risk factors for interest rate risk for the 
specified currencies are the absolute changes of the inflation rate and 
of the

[[Page 15261]]

risk-free yields for the following five tenors: 1 year, 2 years, 5 
years, 10 years, and 30 years.
    (B) Delta risk weights for interest rate risk, specified 
currencies. The delta risk weights, RWk, for interest rate risk for the 
specified currencies are set out in Table 1 to Sec.  __.225.
[GRAPHIC] [TIFF OMITTED] TP27MR26.351

    (C) Delta within-bucket correlation parameter for interest rate 
risk, specified currencies. The correlation parameters, rkl, related to 
the specified currencies are set out in Table 2 to Sec.  __.225.
[GRAPHIC] [TIFF OMITTED] TP27MR26.352

    (iii) For currencies not specified in paragraph (a)(2)(ii) of this 
section:
    (A) Delta risk factors for interest rate risk, other currencies. 
The delta risk factors for interest rate risk equal the absolute change 
of the inflation rate and the parallel shift of the entire risk-free 
yield curve for a given currency;
    (B) Delta risk weights for interest rate risk, other currencies. 
The delta risk weights, RWk, for both the risk-free yield curve and the 
inflation rate equal 1.58 percent; and
    (C) Delta within-bucket correlation parameter for interest rate 
risk, other currencies. The correlation parameter, rkl, between the 
risk-free yield curve and the inflation rate equals 40 percent.
    (iv) Delta cross-bucket correlation parameter for interest rate 
risk. The delta cross-bucket correlation parameter, gbc, 50 percent for 
all currency pairs.
    (2) Foreign exchange risk--(i) Delta buckets for foreign exchange 
risk. A [BANKING ORGANIZATION] must establish a separate delta foreign 
exchange risk bucket for each currency, except for a [BANKING 
ORGANIZATION]'s own reporting currency.
    (ii) Delta risk factors for foreign exchange risk. The delta risk 
factors for foreign exchange risk equal the relative change of the 
foreign exchange spot rate between a given currency and a [BANKING 
ORGANIZATION]'s reporting currency or base currency, where the foreign 
exchange spot rate is the current market price of one unit of another 
currency expressed in the units of the [BANKING ORGANIZATION]'s 
reporting currency or base currency.
    (iii) Delta risk weights for foreign exchange risk. The delta risk 
weights, RWk, for foreign exchange risk for all exchange rates between 
the [BANKING ORGANIZATION]'s reporting currency or base currency and 
another currency equal 11 percent.
    (iv) Delta cross-bucket correlation parameter for foreign exchange 
risk. The delta cross-bucket correlation parameter, gbc, equals 60 
percent for all currency pairs.
    (3) Counterparty credit spread risk--(i) Delta buckets for 
counterparty credit spread risk. Delta buckets for counterparty credit 
spread risk are set out in Table 3 to Sec.  __.225. Delta buckets 1 to 
7 represent the non-index risk factors and bucket 8 is available for 
the optional treatment of indices. Under the optional treatment of 
indices, only standardized CVA hedges of counterparty credit spread 
risk and reference indices can be assigned to bucket 8, whereas buckets 
1 to 7 must be used for calculations of CVA delta sensitivities for 
standardized CVA risk covered positions and all single-name and all 
non- index hedges. For any CVA index hedge assigned to buckets 1 to 7, 
the sensitivity of the hedge to each index constituent must be 
calculated as described in Sec.  __.224(e)(6).
    (ii) Delta risk factors for counterparty credit spread risk. The 
delta risk factors for counterparty credit spread risk equal the 
absolute shifts of credit spreads of individual entities 
(counterparties and reference names for counterparty credit spread 
hedges) and indices (under the optional treatment of indices) for the 
following tenors: 0.5 years, 1 year, 3 years, 5 years, and 10 years.
    (iii) Delta risk weights for counterparty credit spread risk. The 
delta risk weights, RWk, for counterparty credit spread risk are set 
out in Table 3 to Sec.  __.225. The same risk weight for a given bucket 
and given credit quality applies to all tenors.

[[Page 15262]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.353

    (iv) Delta within-bucket correlation parameters, rkl, for 
counterparty credit spread risk. The delta correlation parameters, rkl, 
for counterpart credit spread risk must be defined as follows:
    (A) For buckets 1 through 7 of Table 3 to Sec.  __.225, a [BANKING 
ORGANIZATION] must calculate the correlation parameter, rkl, between 
two weighted sensitivities WSk and WSl as follows:

[[Page 15263]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.354

    (B) For bucket 8 of Table 3 to Sec.  __.225, a [BANKING 
ORGANIZATION] must calculate the correlation parameter, , between two 
weighted sensitivities and as follows:
[GRAPHIC] [TIFF OMITTED] TP27MR26.355

    (v) Delta cross-bucket correlation parameters for counterparty 
credit spread risk. The delta cross-bucket correlation parameters, , 
for counterparty credit spread risk are set out in Table 4 to Sec.  
__.225.

[[Page 15264]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.356

    (4) Reference credit spread risk--(i) Delta buckets for reference 
credit spread risk. Delta buckets for reference credit spread risk are 
set out in Table 5 to Sec.  __.225.
    (ii) Delta risk factors for reference credit spread risk. The delta 
risk factor for reference credit spread risk equals the simultaneous 
absolute shift of all credit spreads for all tenors of all reference 
names in the bucket.
    (iii) Delta risk weights for reference credit spread risk. The 
delta risk weights, RWk, for reference credit spread risk are set out 
in Table 5 to Sec.  __.225.

[[Page 15265]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.357

    (iv) Delta cross-bucket correlation parameters for reference credit 
spread risk. The delta cross-bucket correlation parameter, gbc, for 
reference credit spread risk equals:
    (A) The cross-bucket correlation parameters, gbc, between buckets 
of the same credit quality (where speculative and sub-speculative grade 
is treated as one credit quality category) are set out in Table 6 to 
Sec.  __.225.

[[Page 15266]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.358

    (B) The cross-bucket correlation parameters, gbc, between buckets 1 
to 14 of different credit quality (where speculative and sub-
speculative grade is treated as one credit quality category), are set 
out in Table 7 to Sec.  __.225.
[GRAPHIC] [TIFF OMITTED] TP27MR26.359

    (5) Equity risk--(i) Delta buckets for equity risk. For equity 
risk, a [BANKING ORGANIZATION] must establish buckets along three 
dimensions: the reference entity's market capitalization, economy and 
sector as set out in Table 8 to Sec.  __.225. To assign a delta 
sensitivity to an economy, a [BANKING ORGANIZATION], at least annually, 
must review and update the countries and territorial entities that 
satisfy the requirements of a liquid market economy using the most 
recent economic data available. To assign a delta sensitivity to a 
sector, a [BANKING ORGANIZATION] must follow market convention by using 
classifications that are commonly used in the market for grouping 
issuers by industry sector. A [BANKING ORGANIZATION] must assign each 
issuer to one of the sector buckets and must assign all issuers from 
the same industry to the same sector. Delta sensitivities of any equity 
issuer that a [BANKING ORGANIZATION] cannot assign to a sector must be 
assigned to the other sector. For multinational, multi-sector equity 
issuers, the allocation to a particular bucket must be done according 
to the most material economy and sector in which the issuer operates.

[[Page 15267]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.360

    (ii) Delta risk factors for equity risk. The delta risk factor for 
equity risk equals the simultaneous relative shift of all equity spot 
prices for all reference entities in the bucket.
    (iii) Delta risk weights for equity risk. The delta risk weights, 
RWk, for equity risk are set out in Table 8 to Sec.  __.225.
    (iv) Delta cross-bucket correlation parameters for equity risk. The 
delta cross-bucket correlation parameter, gbc, for equity risk equals 
15 percent for all cross-bucket pairs in Table 8 to Sec.  __.225 
assigned to bucket numbers 1 to 10 and zero percent for all cross-
bucket pairs that include bucket 11. The cross-bucket correlation 
between buckets 12 and 13 in Table 8 to Sec.  __.225 equals 75 percent 
and the cross-bucket correlation between buckets 12 or 13 and any of 
the buckets 1 through 10 equals 45 percent.
    (6) Commodity risk--(i) Delta buckets for commodity risk. Delta 
buckets for commodity risk are set out in Table 9 Sec.  __.225.
    (ii) Delta risk factors for commodity risk. The delta risk factor 
for commodity risk equals the simultaneous relative shift of all of the 
commodity spot prices for all commodities in the bucket.
    (iii) Delta risk weights for commodity risk. The delta risk 
weights, RWk, for commodity risk are set out in Table 9 to Sec.  
__.225.

[[Page 15268]]

[GRAPHIC] [TIFF OMITTED] TP27MR26.361

    (iv) Delta cross-bucket correlation parameters for commodity risk. 
The delta cross-bucket correlation, gbc, for commodity risk equals 20 
percent for all cross-bucket pairs in Table 9 to Sec.  __.225 assigned 
to bucket numbers 1

[[Page 15269]]

to 10 or 12 and zero percent for all cross-bucket pairs that include 
bucket 11.
    (b) CVA vega capital requirement--(1) Interest rate risk.
    (i) Vega buckets for interest rate risk. A [BANKING ORGANIZATION] 
must establish a separate vega interest rate risk bucket for each 
currency.
    (ii) Vega risk factors for interest rate risk. The vega risk 
factors for interest rate risk for all currencies equal a simultaneous 
relative change of all inflation rate volatilities for each currency 
and a simultaneous relative change of all interest rate volatilities 
for each currency.
    (iii) Vega risk weights for interest rate risk. The vega risk 
weights, RWk, for interest rate risk equal 100 percent.
    (iv) Vega within-bucket correlation parameters for interest rate 
risk. The vega within-bucket correlation parameter, rkl, for interest 
rate risk equals 40 percent.
    (v) Vega cross-bucket correlation parameter for interest rate risk. 
The vega cross-bucket correlation parameter, gbc, for interest rate 
risk equals 50 percent for all currency pairs.
    (2) Foreign exchange risk--(i) Vega buckets for foreign exchange 
risk. A [BANKING ORGANIZATION] must establish a separate vega foreign 
exchange risk bucket for each currency, except for a [BANKING 
ORGANIZATION]'s own reporting currency.
    (ii) Vega risk factors for foreign exchange risk. The vega risk 
factors for foreign exchange risk equal the simultaneous, relative 
change of all volatilities for the exchange rate between a [BANKING 
ORGANIZATION]'s reporting currency or base currency and each other 
currency.
    (iii) Vega risk weights for foreign exchange risk. The vega risk 
weights, , for foreign exchange risk equal 100 percent.
    (iv) Vega cross-bucket correlation parameter for foreign exchange 
risk. The vega cross-bucket correlation parameter, , for foreign 
exchange risk equals 60 percent for all currency pairs.
    (3) Reference credit spread risk--(i) Vega buckets for reference 
credit spread risk. Vega buckets for reference credit spread risk are 
set out in Table 5 Sec.  __.225.
    (ii) Vega risk factors for reference credit spread risk. The vega 
risk factors for reference credit spread risk equal the simultaneous 
relative shift of the volatilities of all credit spreads of all tenors 
for all reference names in the bucket.
    (iii) Vega risk weights for reference credit spread risk. The vega 
risk weights, , for reference credit spread risk equal 100 percent.
    (iv) Vega cross-bucket correlation parameters for reference credit 
spread risk. The vega cross-bucket correlation parameter, , for 
reference credit spread risk is defined in the same manner as the delta 
cross-bucket correlation parameter for reference credit spread risk, 
pursuant to paragraph (a)(4)(iv) of this section.
    (4) Equity risk--(i) Vega buckets for equity risk. The vega buckets 
for equity risk are defined in the same manner as the delta buckets for 
equity risk, pursuant to paragraph (a)(5)(i) of this section.
    (ii) Vega risk factors for equity risk. The vega risk factor for 
equity risk equals the simultaneous relative shift of the volatilities 
for all reference entities in the bucket.
    (iii) Vega risk weights for equity risk. The vega risk weights, , 
for equity risk equal 78 percent for large market cap buckets and 100 
percent otherwise.
    (iv) Vega cross-bucket correlation parameters for equity risk. The 
vega cross-bucket correlation parameter, , for equity risk equals 15 
percent for all cross-bucket pairs within Table 8 to Sec.  __.225 that 
fall within bucket numbers 1 to 10 and zero percent for all cross-
bucket pairs that include bucket 11. The cross-bucket correlation 
between buckets 12 and 13, in Table 8 to Sec.  __.225, is set at 75 
percent and the cross-bucket correlation between buckets 12 or 13 and 
any of the buckets 1 to 10 is 45 percent.
    (5) Commodity risk--(i) Vega buckets for commodity risk. The vega 
buckets for commodity risk are defined in the same manner as the delta 
buckets for commodity risk, pursuant to paragraph (a)(6)(i) of this 
section.
    (ii) Vega risk factors for commodity risk. The vega risk factor for 
commodity risk equals the simultaneous relative shift of the 
volatilities for all commodities in the bucket.
    (iii) Vega risk weights for commodity risk. The vega risk weights 
for commodity risk are 100 percent.
    (iv) Vega cross-bucket correlation parameters for commodity risk. 
The vega cross-bucket correlation parameter, , for commodity risk 
equals 20 percent for all cross-bucket pairs in Table 9 to Sec.  __.225 
that fall within bucket numbers 1 to 10 or 12 and zero percent for all 
cross-bucket pairs that include bucket 11.
    End of Common Rule.

List of Subjects

12 CFR Part 3

    Administrative practice and procedure, Banks, banking, Federal 
Reserve System, Investments, National banks, Reporting and 
recordkeeping requirements, Savings association.

12 CFR Part 6

    Federal Reserve System, National banks, Penalties.

12 CFR Part 32

    National banks, Reporting and recordkeeping requirements, Savings 
Associations.

12 CFR Part 208

    Confidential business information, Crime, Currency, Federal Reserve 
System, Mortgages, Reporting and recordkeeping requirements, 
Securities.

12 CFR Part 217

    Administrative practice and procedure, Banks, banking, Capital, 
Federal Reserve System, Holding companies.

12 CFR Part 225

    Administrative practice and procedure, Banks, banking, Federal 
Reserve System, Holding companies, Reporting and recordkeeping 
requirements, Securities.

12 CFR Part 238

    Administrative practice and procedure, Banks, banking, Federal 
Reserve System, Holding companies, Reporting and recordkeeping 
requirements, Securities.

12 CFR Part 252

    Administrative practice and procedure, Banks, banking, Credit, 
Federal Reserve System, Holding companies, Investments, Qualified 
financial contracts, Reporting and recordkeeping requirements, 
Securities.

12 CFR Part 324

    Administrative practice and procedure, Banks, Banking, Capital 
adequacy, Reporting and recordkeeping requirements, Savings 
associations, State non-member banks.

Adoption of Common Rule

    The proposed adoption of the common rule by the agencies, as 
modified by the agency-specific text, is set forth below:

[[Page 15270]]

DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency

12 CFR Chapter I

Authority and Issuance

    For the reasons set forth in the common preamble, the OCC proposes 
to amend parts 3, 6, and 32 of chapter I of title 12 of the Code of 
Federal Regulations as follows:

PART 3--CAPITAL ADEQUACY STANDARDS

0
1. The authority citation for part 3 continues to read as follows:

    Authority:  12 U.S.C. 93a, 161, 1462, 1462a, 1463, 1464, 1818, 
1828(n), 1828 note, 1831n note, 1835, 3907, 3909, 5412(b)(2)(B), and 
Pub. L. 116-136, 134 Stat. 281.

0
2. In Sec.  3.1, revise paragraphs (c)(3)(ii), (c)(4)(i) and (iii), and 
(f), and add paragraph (g) to read as follows:


Sec.  3.1   Purpose, applicability, reservations of authority, and 
timing.

* * * * *
    (c) * * *
    (3) * * *
    (i) Each national bank or Federal savings association subject to 
subpart D of this part must use the methodologies in subpart D (and 
subpart F of this part if the national bank or Federal savings 
association meets the trading activity threshold to be a market risk 
national bank or Federal savings association) to calculate standardized 
total risk-weighted assets.
    (ii) Each national bank or Federal savings association subject to 
subpart E of this part must use the methodologies in subpart E (and 
subpart F of this part if the national bank or Federal savings 
association meets the trading activity threshold to be a market risk 
national bank or Federal savings association) to calculate expanded 
total risk-weighted assets.
    (4) * * *
    (i) Except for a national bank or Federal savings association 
subject to subpart E of this part, each national bank or Federal 
savings association with total consolidated assets of $50 billion or 
more must make the public disclosures described in subpart D of this 
part.
* * * * *
    (iii) Each national bank or Federal savings association subject to 
subpart E of this part must make the public disclosures described in 
subpart E of this part.
* * * * *
    (f) Transitions and timing.--(1) Transitions. Notwithstanding any 
other provision of this part, a national bank or Federal savings 
association must make any adjustments provided in subpart G of this 
part for purposes of implementing this part.
    (2) Timing. A national bank or Federal savings association that 
changes from one category to another category, or that changes from 
having no category to having a category, must comply with the 
requirements of its category in this part, including applicable 
transition provisions of the requirements in this part, no later than 
on the first day of the second quarter following the change in the 
national bank's or Federal savings association's category.
    (g) Severability. If any provision of this part, or the application 
thereof to any person or circumstances, is held invalid, such 
invalidity shall not affect the validity of other provisions or the 
application of such provision to other persons or circumstances that 
can be given effect without the invalid provision or application.
0
3. In Sec.  3.2:
0
a. Revise the definition of ``Adjusted allowances for credit losses 
(AACL)'';
0
b. Remove the definitions for ``Advanced approaches national bank or 
Federal savings association'', ``Advanced approaches total risk-
weighted assets'', ``Advanced market risk-weighted assets'', and 
``Allowances for loan and lease losses (ALLL)'';
0
c. Revise the definition for ``Carrying value'';
0
d. Add, in alphabetical order, the definition for ``Category I national 
bank or Federal savings association'';
0
e. Revise the definitions for ``Category II national bank or Federal 
savings association'' and ``Category III national bank or Federal 
savings association'';
0
f. Add, in alphabetical order, the definition for ``Category IV 
national bank or Federal savings association'';
0
g. Revise footnote 3 to the definition for ``Cleared transaction'';
0
h. Revise the definition for ``Commitment'';
0
i. Revise the definition for ``Corporate exposure'';
0
j. Remove the definition for ``Credit-risk-weighted assets'';
0
k. Add, in alphabetical order, the definition for ``CVA risk-weighted 
assets'';
0
l. Add, in alphabetical, order the definition for ``Dependent on the 
cash flows generated by the real estate'';
0
m. Revise the definition for ``Effective notional amount'';
0
n. Revise the definition for ``Eligible clean-up call'';
0
o. Remove the definition for ``Eligible credit reserves'';
0
p. Revise the definition for ``Eligible guarantee'';
0
q. Add, in alphabetical order, the definition for ``Eligible prepaid 
credit protection arrangement'';
0
r. Add, in alphabetical, order the definition for ``Expanded total 
risk-weighted assets'';
0
s. Remove the definition for ``Expected credit loss (ECL)'';
0
t. Revise the definition for ``Exposure amount'';
0
u. Revise paragraph (4)(i)(A) in the definition of ``Financial 
institution'';
0
v. Revise the definition for ``Market risk national bank or Federal 
savings association'';
0
w. Add, in alphabetical, order the definition for ``Market risk-
weighted assets'';
0
x. Revise the definitions for ``Net independent collateral amount'' and 
``Netting set'';
0
y. Add, in alphabetical order, the definitions for ``Non-performing 
loan securitization (NPL securitization)'' and ``Nonrefundable purchase 
price discount (NRPPD)'';
0
z. Revise the definition for ``Non-significant investment in the 
capital of an unconsolidated financial institution'';
0
aa. Add, in alphabetical, order the definition for ``Prepaid credit 
protection arrangement'';
0
bb. Revise the definition for ``Protection amount (P)'';
0
cc. Add, in alphabetical order, the definition of ``Qualifying cross-
product master netting agreement'';
0
dd. Revise paragraphs (3) and (4) of the definition for ``Qualifying 
master netting agreement'';
0
ee. In the definition of ``Residential mortgage exposure'':
0
i. Remove paragraph (2);
0
ii. Redesignate paragraphs (1)(i) and (1)(ii) as paragraphs (1) and 
(2), respectively; and
0
iii. In paragraph (2) (as redesignated), remove the words ``family; 
and'' and add, in their place, the word ``family.'';
0
ff. Remove the definition for ``Securitization special purpose entity 
(securitization SPE)'';
0
gg. Revise the definition for ``Significant investment in the capital 
of an unconsolidated financial institution'';
0
hh. Remove the definition for ``Specific wrong-way risk'';
0
ii. Add, in alphabetical order, the definition of ``Specified 
supranational entity'';
0
jj. Revise the definitions for ``Speculative grade'' and ``Standardized 
market risk-weighted assets'';
0
kk. Revise the definitions for ``Standardized total risk-weighted 
assets'', ``Sub-speculative grade'', and ``Synthetic securitization'';

[[Page 15271]]

0
ll. Add, in alphabetical order, the definition for ``Synthetic excess 
spread'';
0
mm. Add, in alphabetical order, the definition for ``Total credit risk-
weighted assets'';
0
nn. Revise the definition for ``Traditional securitization'' ;
0
oo. Remove the definition for ``Value-at-risk (VaR)'';
0
pp. Revise the definition for ``Variation margin amount''; and
0
qq. Remove the definition for ``Unconditionally cancelable''.
    The additions and revisions read as follows:


Sec.  3.2  Definitions

* * * * *
    Adjusted allowances for credit losses (AACL) means valuation 
allowances that have been established through a charge against earnings 
or retained earnings for expected credit losses on financial assets 
measured at amortized cost and a lessor's net investment in leases that 
have been established to reduce the amortized cost basis of the assets 
to amounts expected to be collected as determined in accordance with 
GAAP. For purposes of this part, adjusted allowances for credit losses 
include allowances for expected credit losses on off-balance sheet 
credit exposures not accounted for as insurance as determined in 
accordance with GAAP. Adjusted allowances for credit losses exclude 
allocated transfer risk reserves and allowances created that reflect 
credit losses on purchased credit deteriorated assets, purchased 
seasoned loans, assets required to record an allowance for credit 
losses through a gross-up adjustment to the purchase price of the 
asset, and available-for-sale debt securities.
* * * * *
    Carrying value means, with respect to an asset, the value of the 
asset on the balance sheet of the national bank or Federal savings 
association as determined in accordance with GAAP. For all assets other 
than available-for-sale debt securities, purchased credit deteriorated 
assets, purchased seasoned loans, or assets required to record an 
allowance for credit losses through a gross-up adjustment to the 
purchase price of the asset, the carrying value is not reduced by any 
associated credit loss allowance that is determined in accordance with 
GAAP.
* * * * *
    Category I national bank or Federal savings association means a 
national bank or Federal savings association that is a subsidiary of a 
global systemically important BHC, as defined pursuant to 12 CFR 252.5.
    Category II national bank or Federal savings association means a 
national bank or Federal savings association that is not a subsidiary 
of a global systemically important BHC, as defined pursuant to 12 CFR 
252.5, and that:
    (1) Is a subsidiary of a Category II banking organization, as 
defined pursuant to 12 CFR 252.5 or 12 CFR 238.10, as applicable; or
    (2)(i) Has total consolidated assets, calculated based on the 
average of the national bank's or Federal savings association's total 
consolidated assets for the four most recent calendar quarters as 
reported on the Call Report, equal to $700 billion or more. If the 
national bank or Federal savings association has not filed the Call 
Report for each of the four most recent calendar quarters, total 
consolidated assets is calculated based on its total consolidated 
assets, as reported on the Call Report, for the most recent quarter or 
the average of the most recent quarters, as applicable; or
    (ii)(A) Has total consolidated assets, calculated based on the 
average of the national bank's or Federal savings association's total 
consolidated assets for the four most recent calendar quarters as 
reported on the Call Report, of $100 billion or more but less than $700 
billion. If the national bank or Federal savings association has not 
filed the Call Report for each of the four most recent quarters, total 
consolidated assets is based on its total consolidated assets, as 
reported on the Call Report, for the most recent quarter or average of 
the most recent quarters, as applicable; and
    (B) Has cross-jurisdictional activity, calculated based on the 
average of its cross-jurisdictional activity for the four most recent 
calendar quarters, of $75 billion or more. Cross-jurisdictional 
activity is the sum of cross-jurisdictional claims and cross-
jurisdictional liabilities, calculated in accordance with the 
instructions to the FR Y-15 or equivalent reporting form.
    (3) After meeting the criteria in paragraph (2) of this definition, 
a national bank or Federal savings association continues to be a 
Category II national bank or Federal savings association until the 
national bank or Federal savings association has:
    (i) Less than $700 billion in total consolidated assets, as 
reported on the Call Report, for each of the four most recent calendar 
quarters; and
    (ii) (A) Less than $75 billion in cross-jurisdictional activity for 
each of the four most recent calendar quarters. Cross-jurisdictional 
activity is the sum of cross-jurisdictional claims and cross-
jurisdictional liabilities, calculated in accordance with the 
instructions to the FR Y-15 or equivalent reporting form; or
    (B) Less than $100 billion in total consolidated assets, as 
reported on the Call Report, for each of the four most recent calendar 
quarters.
* * * * *
    Category III national bank or Federal savings association means a 
national bank or Federal savings association that is not a Category II 
national bank or Federal savings association, and that:
    (1) Is a subsidiary of a Category III banking organization, as 
defined pursuant to 12 CFR 252.5 or 12 CFR 238.10, as applicable; or
    (2)(i) Has total consolidated assets, calculated based on the 
average of the national bank's or Federal savings association's total 
consolidated assets for the four most recent calendar quarters as 
reported on the Call Report, equal to $250 billion or more. If the 
national bank or Federal savings association has not filed the Call 
Report for each of the four most recent calendar quarters, total 
consolidated assets is calculated based on its total consolidated 
assets, as reported on the Call Report, for the most recent quarter or 
average of the most recent quarters, as applicable; or
    (ii)(A) Has total consolidated assets, calculated based on the 
average of the national bank's or Federal savings association's total 
consolidated assets for the four most recent calendar quarters as 
reported on the Call Report, of $100 billion or more but less than $250 
billion. If the depository institution has not filed the Call Report 
for each of the four most recent calendar quarters, total consolidated 
assets is calculated based on its total consolidated assets, as 
reported on the Call Report, for the most recent quarter or average of 
the most recent quarters, as applicable; and
    (B) Has at least one of the following in paragraphs (2)(ii)(B)(1) 
through (3) of this definition, each calculated as the average of the 
four most recent calendar quarters, or if the national bank or Federal 
savings association has not filed each applicable reporting form for 
each of the four most recent calendar quarters, for the most recent 
quarter or quarters, as applicable:
    (1) Total nonbank assets, calculated in accordance with the 
instructions to the FR Y-9LP or equivalent reporting form, equal to $75 
billion or more;
    (2) Off-balance sheet exposure equal to $75 billion or more. Off-
balance sheet exposure is a national bank's or Federal savings 
association's total exposure, calculated in accordance with the 
instructions to the Call Report or

[[Page 15272]]

equivalent reporting form, minus the total consolidated assets of the 
national bank or Federal savings association, as reported on the Call 
Report; or
    (3) Weighted short-term wholesale funding, calculated in accordance 
with the instructions to the FR Y-15 or equivalent reporting form, 
equal to $75 billion or more.
    (iii) After meeting the criteria in paragraph (2)(ii) of this 
definition, a national bank or Federal savings association continues to 
be a Category III national bank or Federal savings association until 
the national bank or Federal savings association:
    (A) Has:
    (1) Less than $250 billion in total consolidated assets, as 
reported on the Call Report, for each of the four most recent calendar 
quarters;
    (2) Less than $75 billion in total nonbank assets, calculated in 
accordance with the instructions to the FR Y-9LP or equivalent 
reporting form, for each of the four most recent calendar quarters;
    (3) Less than $75 billion in weighted short-term wholesale funding, 
calculated in accordance with the instructions to the FR Y-15 or 
equivalent reporting form, for each of the four most recent calendar 
quarters; and
    (4) Less than $75 billion in off-balance sheet exposure for each of 
the four most recent calendar quarters. Off-balance sheet exposure is a 
national bank's or Federal savings association's total exposure, 
calculated in accordance with the instructions to the FR Y-15 or 
equivalent reporting form, minus the total consolidated assets of the 
national bank or Federal savings association, as reported on the Call 
Report; or
    (B) Has less than $100 billion in total consolidated assets, as 
reported on the Call Report, for each of the four most recent calendar 
quarters; or
    (C) Is a Category II national bank or Federal savings association.
* * * * *
    Category IV national bank or Federal savings association means a 
national bank or Federal savings association that is not a Category II 
national bank or Federal savings association, or a Category III 
national bank or Federal savings association and that:
    (1) Is a subsidiary of a Category IV banking organization, as 
defined pursuant to 12 CFR 252.5 or 12 CFR 238.10, as applicable; or:
    (2) Has total consolidated assets, calculated based on the average 
of the national bank's or Federal savings association's total 
consolidated assets for the four most recent calendar quarters as 
reported on the Call Report, of $100 billion or more. If the national 
bank or Federal savings association has not filed the Call Report for 
each of the four most recent calendar quarters, total consolidated 
assets is calculated based on the average of its total consolidated 
assets, as reported on the Call Report, for the most recent quarter(s) 
available.
    (3) After meeting the criterion in paragraph (4)(iii) of this 
definition, a national bank or Federal savings association continues to 
be a Category IV national bank or Federal savings association until it:
    (i) Has less than $100 billion in total consolidated assets, as 
reported on the Call Report, for each of the four most recent calendar 
quarters; or
    (ii) Is a Category II national bank or Federal savings association 
or Category III national bank or Federal savings association.
* * * * *
    Cleared transaction * * *
    (2) * *\3\
* * * * *
    Commitment means a contractual arrangement under which a national 
bank or Federal savings association and an obligor agree to terms 
applicable to one or more future extensions of credit, purchases of 
assets, or issuances of credit substitutes by the national bank or 
Federal savings association, whether or not such arrangement is 
unconditionally cancelable. A commitment is unconditionally cancelable 
if, by its terms, it either: (a) provides that a national bank or 
Federal savings association is not obligated to extend credit, purchase 
assets, or issue credit substitutes; or (b) permits a national bank or 
Federal savings association, at any time, with or without cause, to 
refuse to extend credit, purchase assets, or issue credit substitutes 
under the arrangement (to the extent permitted under applicable law).
* * * * *
    Corporate exposure means an exposure to a company that is not:
    (1) An exposure to a sovereign, a specified supranational entity, a 
multi-lateral development bank (MDB), a depository institution, a 
foreign bank, or a credit union, a public sector entity (PSE);
    (2) An exposure to a Government-Sponsored Enterprises (GSE);
    (3) For purposes of subpart D of this part, a residential mortgage 
exposure;
    (4) A pre-sold construction loan;
    (5) A statutory multifamily mortgage;
    (6) A high volatility commercial real estate (HVCRE) exposure;
    (7) A cleared transaction;
    (8) A default fund contribution;
    (9) A securitization exposure;
    (10) An equity exposure;
    (11) An unsettled transaction;
    (12) A policy loan;
    (13) A separate account;
    (14) A Paycheck Protection Program covered loan as defined in 
section 7(a)(36) or (37) of the Small Business Act (15 U.S.C. 
636(a)(36)-(37));
    (15) For purposes of subpart E of this part, a real estate 
exposure, as defined in Sec.  3.101 of this part; or
    (16) For purposes of subpart E of this part, a retail exposure as 
defined in Sec.  3.101 of this part.
* * * * *
    CVA risk-weighted assets means the measure for CVA risk calculated 
under Sec.  3.221(a) multiplied by 12.5.
* * * * *
    Dependent on the cash flows generated by the real estate means, for 
a real estate exposure, the underwriting, at the time of origination, 
includes the cash flows generated by lease, rental, or sale of the real 
estate securing the loan as a source of repayment. For purposes of this 
definition, a residential mortgage exposure that is secured by the 
borrower's principal residence is deemed not dependent on the cash 
flows generated by the real estate.
* * * * *
    Effective notional amount means for an eligible guarantee, eligible 
credit derivative, or eligible prepaid credit protection arrangement, 
the lesser of the contractual notional amount of the credit risk 
mitigant and the exposure amount of the hedged exposure, multiplied by 
the percentage coverage of the credit risk mitigant.
* * * * *
    Eligible clean-up call means a clean-up call that:
    (1) Is exercisable solely at the discretion of the originating 
national bank or Federal savings association or servicer;
    (2) Is not structured to avoid allocating losses to securitization 
exposures held by investors or otherwise structured to provide credit 
enhancement to the securitization; and
    (3) Is only exercisable:
    (i) For a traditional securitization, when 10 percent or less of 
the principal amount of the underlying exposures or securitization 
exposures (determined as of the inception of the securitization) is 
outstanding;
    (ii) For a synthetic securitization, when 10 percent or less of the 
principal amount of the reference portfolio of underlying exposures 
(determined as of the inception of the securitization) is outstanding;

[[Page 15273]]

    (iii) Upon the occurrence of a regulatory event that significantly 
changes the risk-weighted asset amount for the securitization exposure 
under this part; or
    (iv) Upon the occurrence of a tax event that significantly changes 
the tax treatment of the securitization exposure under applicable tax 
laws.
* * * * *
    Eligible guarantee means a guarantee that:
    (1) Is written;
    (2) Is either:
    (i) Unconditional, or
    (ii) A contingent obligation of the U.S. government or its 
agencies, the enforceability of which is dependent upon some 
affirmative action on the part of the beneficiary of the guarantee or a 
third party (for example, meeting servicing requirements);
    (3) Covers all or a pro rata portion of all contractual payments of 
the obligated party on the reference exposure;
    (4) Gives the beneficiary a direct claim against the protection 
provider;
    (5) Is not unilaterally cancelable by the protection provider for 
reasons other than the breach of the contract by the beneficiary;
    (6) Except for a guarantee by a sovereign, is legally enforceable 
against the protection provider in a jurisdiction where the protection 
provider has sufficient assets against which a judgment may be attached 
and enforced;
    (7) Requires the protection provider to make payment to the 
beneficiary on the occurrence of a default (as defined in the 
guarantee) of the obligated party on the reference exposure in a timely 
manner without the beneficiary first having to take legal actions to 
pursue the obligor for payment;
    (8) Does not increase the beneficiary's cost of credit protection 
on the guarantee in response to deterioration in the credit quality of 
the reference exposure;
    (9) Is not provided by an affiliate of the national bank or Federal 
savings association, unless the affiliate is an insured depository 
institution, foreign bank, securities broker or dealer, or insurance 
company that:
    (i) Does not control the national bank or Federal savings 
association; and
    (ii) Is subject to consolidated supervision and regulation 
comparable to that imposed on depository institutions, U.S. securities 
broker-dealers, or U.S. insurance companies (as the case may be); and
    (10) Is provided by an eligible guarantor.
* * * * *
    Eligible prepaid credit protection arrangement means a prepaid 
credit protection arrangement that:
    (1) Is written;
    (2) Is unconditional;
    (3) Covers all or a pro rata portion of all contractual payments 
due to be paid on the reference exposure or reference exposures;
    (4) Provides that the amount and timing of payments due from the 
protection purchaser to the protection provider are incorporated into 
the arrangement and the arrangement only allows these terms to change 
in the event of a breach of the arrangement by the protection 
purchaser;
    (5) Provides that entry of the protection provider into 
receivership, insolvency, liquidation, conservatorship, or similar 
proceeding does not change the amounts or timing of payments due to be 
paid by the protection purchaser under the arrangement;
    (6) Is legally valid and enforceable under applicable law of the 
relevant jurisdictions;
    (7) Upon a failure by the obligor on the one or more reference 
exposures to make a contractually required payment, or the occurrence 
of other credit events as described in the arrangement, allows the 
protection purchaser promptly to reduce the outstanding balance of the 
initial principal amount due to the protection provider by the loss of 
the protection purchaser on the reference exposures without input from 
the protection provider; and
    (8) Does not increase the protection purchaser's cost of credit 
protection in response to deterioration in the credit quality of any of 
the reference exposures.
* * * * *
    Expanded total risk-weighted assets means:
    (1) The sum of:
    (i) Total credit risk-weighted assets;
    (ii) Total risk-weighted assets for equity exposures as calculated 
under Sec. Sec.  3.141 and 3.142;
    (iii) Risk-weighted assets for operational risk as calculated under 
Sec.  3.150;
    (iv) Market risk-weighted assets, if applicable; and
    (v) CVA risk-weighted assets, if applicable; minus
    (vi) Any amount of the national bank's or Federal savings 
association's adjusted allowance for credit losses that is not included 
in tier 2 capital and any amount of allocated transfer risk reserves.
* * * * *
    Exposure amount means:
    (1) For the on-balance sheet component of an exposure (other than 
an available-for-sale or held-to-maturity security, if the national 
bank or Federal savings association has made an AOCI opt-out election 
(as defined in Sec.  3.22(b)(2)); a derivative contract; a repo-style 
transaction or an eligible margin loan for which the national bank or 
Federal savings association determines the exposure amount under Sec.  
3.37, Sec. Sec.  3.113 through 3.115 or Sec.  3.121, as applicable; a 
cleared transaction; a default fund contribution; or a securitization 
exposure), the national bank's or Federal savings association's 
carrying value of the exposure.
    (2) For a security (that is not a securitization exposure, equity 
exposure, or preferred stock classified as an equity security under 
GAAP) classified as available-for-sale or held-to-maturity if the 
national bank or Federal savings association has made an AOCI opt-out 
election (as defined in Sec.  3.22(b)(2)), the national bank's or 
Federal savings association's carrying value (including net accrued but 
unpaid interest and fees) for the exposure less any net unrealized 
gains on the exposure and plus any net unrealized losses on the 
exposure.
    (3) For available-for-sale preferred stock classified as an equity 
security under GAAP if the national bank or Federal savings association 
has made an AOCI opt-out election (as defined in Sec.  3.22(b)(2)), the 
national bank's or Federal savings association's carrying value of the 
exposure less any net unrealized gains on the exposure that are 
reflected in such carrying value but excluded from the national bank's 
or Federal savings association's regulatory capital components.
    (4) For the off-balance sheet component of an exposure (other than 
a derivative contract; a repo-style transaction or an eligible margin 
loan for which the national bank or Federal savings association 
calculates the exposure amount under Sec.  3.37 or Sec.  3.121, as 
applicable; a cleared transaction; a default fund contribution; or a 
securitization exposure), the notional amount of the off-balance sheet 
component multiplied by the appropriate credit conversion factor (CCF) 
in Sec.  3.33 or Sec.  3.112, as applicable.
    (5) For an exposure that is a derivative contract (other than a 
cleared transaction), the exposure amount determined under Sec.  3.34 
or Sec. Sec.  3.113 through 3.114, as applicable.
    (6) For an exposure that is a cleared transaction, the exposure 
amount determined under Sec.  3.35 or Sec.  3.116, as applicable.

[[Page 15274]]

    (7) For an exposure that is an eligible margin loan or repo-style 
transaction (other than a cleared transaction) for which the bank 
calculates the exposure amount as provided in Sec.  3.37 or Sec. Sec.  
3.113 through 3.115, as applicable, the exposure amount determined 
under Sec.  3.37 or Sec. Sec.  3.113 through 3.115, as applicable.
    (8) For an exposure that is a securitization exposure, the exposure 
amount determined under Sec.  3.42 or Sec.  3.131, as applicable.
* * * * *
    Financial institution means:
* * * * *
    (4) * * *
    (i) * * *
    (A) An investment in GAAP equity instruments of the company with an 
adjusted carrying value or exposure amount equal to or greater than $10 
million, as adjusted pursuant to Sec.  3.4; or
* * * * *
    Market risk national bank or Federal savings association means a 
national bank or Federal savings association that is described in Sec.  
3.201(b)(1).
* * * * *
    Market risk-weighted assets means the measure for market risk 
calculated pursuant to Sec.  3.204(a) multiplied by 12.5.
* * * * *
    Net independent collateral amount means the fair value amount of 
the independent collateral, as adjusted by the haircuts under Sec.  
3.121(c)(2)(iii), as applicable, that a counterparty to a netting set 
has posted to a national bank or Federal savings association less the 
fair value amount of the independent collateral, as adjusted by the 
haircuts under Sec.  3.121(c)(2)(iii), as applicable, posted by the 
national bank or Federal savings association to the counterparty, 
excluding such amounts held in a bankruptcy-remote manner or posted to 
a QCCP and held in conformance with the operational requirements in 
Sec.  3.3.
* * * * *
    Netting set means: a group of transactions with a single 
counterparty that are subject to a qualifying master netting agreement. 
For derivative contracts, netting set also includes a single derivative 
contract between a national bank or Federal savings association and a 
single counterparty.
* * * * *
    Non-performing loan securitization (NPL securitization) means a 
traditional securitization, that is not a resecuritization, where 
parameter W (as defined in Sec.  3.133(b)(1)) for the underlying 
exposures is greater than or equal to 90 percent at the origination 
cut-off date and at any subsequent date on which exposures are added to 
or removed from the pool of underlying exposures due to replenishment 
or restructuring.
    Nonrefundable purchase price discount (NRPPD) means the difference 
between the outstanding principal balance of the underlying exposures 
at the time of sale and the price at which these exposures are sold by 
the originator to a company the activities of which are limited to 
those appropriate for the specific purpose of holding the underlying 
exposures of a securitization, when neither originator nor the original 
lender are reimbursed for this difference. In cases where the 
originator underwrites tranches of an NPL securitization for subsequent 
sale, the NRPPD may include the differences between the outstanding 
principal balance of the underlying exposures at the time of sale and 
the price at which all of the tranches are first sold to unrelated 
third parties. For any given piece of a securitization tranche, only 
its initial sale from the originator to investors is taken into account 
in the determination of NRPPD. The purchase prices of subsequent re-
sales of a securitization tranche are not considered.
* * * * *
    Non-significant investment in the capital of an unconsolidated 
financial institution means an investment by a national bank or Federal 
savings association subject to subpart E of this part in the capital of 
an unconsolidated financial institution where the national bank or 
Federal savings association owns 10 percent or less of the issued and 
outstanding common stock of the unconsolidated financial institution.
* * * * *
    Prepaid credit protection arrangement means a contractual 
arrangement under which a protection purchaser transfers the credit 
risk of one or more reference exposures to a protection provider where:
    (1) The protection provider pays an initial principal amount in 
cash to the protection purchaser at the inception of the transaction; 
and
    (2) The protection purchaser is obligated to repay the initial 
principal amount to the protection provider on or before the maturity 
date of the transaction, less any losses that the protection purchaser 
realizes or otherwise recognizes due to nonpayment of all contractual 
payments due to be paid on the reference exposure or reference 
exposures by the obligors.
* * * * *
    Protection amount (P) means, with respect to an exposure hedged by 
an eligible guarantee, eligible credit derivative, or eligible prepaid 
credit protection arrangement, or secured by financial collateral, the 
effective notional amount of the guarantee, credit derivative, or 
prepaid credit protection arrangement, or the fair value of the 
financial collateral, reduced to reflect any currency mismatch, 
maturity mismatch, or lack of restructuring coverage (as provided in 
Sec. Sec.  3.36-3.37 or Sec. Sec.  3.120-3.121, as appropriate).
* * * * *
    Qualifying cross-product master netting agreement means a 
qualifying master netting agreement that provides for termination and 
close-out netting across multiple types of financial transactions or 
qualifying master netting agreements in the event of a counterparty's 
default, provided that the underlying financial transactions are 
derivative contracts or repo-style transactions that are not cleared 
transactions. In order to treat an agreement as a qualifying cross-
product master netting agreement, a national bank or Federal savings 
association must comply with the requirements of Sec.  3.3(c) of this 
part with respect to that agreement.
* * * * *
    Qualifying master netting agreement means a written, legally 
enforceable agreement provided that:
* * * * *
    (3) The agreement does not contain a walkaway clause (that is, a 
provision that permits a non-defaulting counterparty to make a lower 
payment than it otherwise would make under the agreement, or no payment 
at all, to a defaulter or the estate of a defaulter, even if the 
defaulter or the estate of the defaulter is a net creditor under the 
agreement); and
    (4) In order to recognize an agreement as a qualifying master 
netting agreement for purposes of this subpart, a national bank or 
Federal savings association must comply with the requirements of Sec.  
3.3(d) with respect to that agreement.
* * * * *
    Significant investment in the capital of an unconsolidated 
financial institution means an investment by a national bank or Federal 
savings association subject to subpart E of this part in the capital of 
an unconsolidated financial institution where the national bank or 
Federal savings association owns more than 10 percent of the issued and 
outstanding common stock of the unconsolidated financial institution.
* * * * *

[[Page 15275]]

    Specified supranational entity means the Bank for International 
Settlements, the European Central Bank, the European Commission, the 
International Monetary Fund, the European Stability Mechanism, or the 
European Financial Stability Facility.
* * * * *
    Speculative grade means that the entity to which the national bank 
or Federal savings association is exposed through a loan or security, 
or the reference entity with respect to a credit derivative, has 
adequate capacity to meet financial commitments in the near term, but 
is vulnerable to adverse economic conditions, such that should economic 
conditions deteriorate, the issuer or the reference entity would 
present an elevated default risk.
* * * * *
    Standardized market risk-weighted assets means the standardized 
measure for market risk calculated under Sec.  3.204(b) multiplied by 
12.5.
* * * * *
    Standardized total risk-weighted assets means:
    (1) The sum of:
    (i) Total risk-weighted assets for general credit risk as 
calculated under Sec.  3.31;
    (ii) Total risk-weighted assets for cleared transactions and 
default fund contributions as calculated under Sec.  3.35;
    (iii) Total risk-weighted assets for unsettled transactions as 
calculated under Sec.  3.38;
    (iv) Total risk-weighted assets for securitization exposures as 
calculated under Sec.  3.42;
    (v) Total risk-weighted assets for equity exposures as calculated 
under Sec.  3.52 and Sec.  3.53; and
    (vi) For a market risk national bank or federal savings association 
only, market risk-weighted assets; less
    (2) Any amount of the national bank's or Federal savings 
association's adjusted allowance for credit losses, as applicable, that 
is not included in tier 2 capital and any amount of ``allocated 
transfer risk reserves.''
* * * * *
    Sub-speculative grade means that the entity to which the national 
bank or Federal savings association is exposed through a loan or 
security, or the reference entity with respect to a credit derivative, 
depends on favorable economic conditions to meet its financial 
commitments, such that should such economic conditions deteriorate the 
issuer or the reference entity likely would default on its financial 
commitments.
* * * * *
    Synthetic securitization means a transaction in which:
    (1) All or a portion of the credit risk of one or more underlying 
exposures is retained or transferred to one or more third parties 
through the use of one or more credit derivatives, or guarantees (other 
than a guarantee that transfers only the credit risk of an individual 
retail exposure) or prepaid credit protection arrangements;
    (2) The credit risk associated with the underlying exposures has 
been separated into at least two tranches reflecting different levels 
of seniority;
    (3) Performance of the securitization exposures depends solely upon 
the performance of the underlying exposures; and
    (4) All or substantially all of the underlying exposures are 
financial exposures with credit risk (such as loans, commitments, 
credit derivatives, guarantees, receivables, asset-backed securities, 
mortgage-backed securities, other debt securities, or equity 
securities).
* * * * *
    Total credit risk-weighted assets means the sum of:
    (1) Total risk-weighted assets for general credit risk as 
calculated under Sec.  3.110;
    (2) Total risk-weighted assets for cleared transactions and default 
fund contributions as calculated under Sec.  3.116;
    (3) Total risk-weighted assets for unsettled transactions as 
calculated under Sec.  3.117; and
    (4) Total risk-weighted assets for securitization exposures as 
calculated under Sec.  3.132.
* * * * *
    Traditional securitization means a transaction in which:
    (1) All or a portion of the credit or equity risk of one or more 
underlying exposures is transferred to one or more third parties other 
than through the use of credit derivatives, guarantees, or prepaid 
credit protection arrangements;
    (2) The credit risk associated with the underlying exposures has 
been separated into at least two tranches reflecting different levels 
of seniority;
    (3) Performance of the securitization exposures depends solely upon 
the performance of the underlying exposures;
    (4) All or substantially all of the underlying exposures are 
financial exposures (such as loans, commitments, credit derivatives, 
guarantees, receivables, asset-backed securities, mortgage-backed 
securities, other debt securities, or equity securities);
    (5) The underlying exposures are not owned by an operating company;
    (6) The underlying exposures are not owned by a small business 
investment company defined in section 302 of the Small Business 
Investment Act;
    (7) The underlying exposures are not owned by a firm an investment 
in which qualifies as a community development investment under section 
24(Eleventh) of the National Bank Act;
    (8) The OCC may determine that a transaction in which the 
underlying exposures are owned by an investment firm that exercises 
substantially unfettered control over the size and composition of its 
assets, liabilities, and off-balance sheet exposures is not a 
traditional securitization based on the transaction's leverage, risk 
profile, or economic substance;
    (9) The OCC may deem a transaction that meets the definition of a 
traditional securitization, notwithstanding paragraph (5), (6), or (7) 
of this definition, to be a traditional securitization based on the 
transaction's leverage, risk profile, or economic substance; and
    (10) The transaction is not:
    (i) An investment fund;
    (ii) A collective investment fund (as defined in 12 CFR 9.18 
(national banks), 12 CFR 151.40 (Federal saving associations));
    (iii) An employee benefit plan (as defined in paragraphs (3) and 
(32) of section 3 of ERISA), a ``governmental plan'' (as defined in 29 
U.S.C. 1002(32)) that complies with the tax deferral qualification 
requirements provided in the Internal Revenue Code, or any similar 
employee benefit plan established under the laws of a foreign 
jurisdiction;
    (iv) A synthetic exposure to the capital of a financial institution 
to the extent deducted from capital under Sec.  3.22; or
    (v) Registered with the SEC under the Investment Company Act of 
1940 (15 U.S.C. 80a-1) or foreign equivalents thereof.
* * * * *
    Variation margin amount means the fair value amount of the 
variation margin, as adjusted by the standard supervisory haircuts 
under Sec.  3.121(c)(2)(iii), as applicable, that a counterparty to a 
netting set has posted to a national bank or Federal savings 
association less the fair value amount of the variation margin, as 
adjusted by the standard supervisory haircuts under Sec.  
3.121(c)(2)(iii), as applicable, posted by the national bank or Federal 
savings association to the counterparty.
* * * * *

[[Page 15276]]

Footnotes--3.2

    \3\ For the standardized approach treatment of these exposures, 
see Sec.  3.34(e) (OTC derivative contracts) or Sec.  3.37(c) (repo-
style transactions). For the treatment of these exposures under 
subpart E, see Sec.  3.113.
* * * * *
0
4. In Sec.  3.3, revise paragraph (c) to read as follows:


Sec.  3.3  Operational requirements for counterparty credit risk.

* * * * *
    (c) Qualifying cross-product master netting agreement. In order to 
recognize an agreement as a qualifying cross-product master netting 
agreement as defined in Sec.  3.2, a national bank or Federal savings 
association must obtain a written legal opinion verifying the validity 
and enforceability of the agreement under applicable law of the 
relevant jurisdictions if the counterparty fails to perform upon an 
event of default, including upon receivership, insolvency, liquidation, 
or similar proceeding.
* * * * *
0
5. Add a new section Sec.  3.4 to read as follows:


Sec.  3.4  Threshold Indexing.

    (a) Methodology. The dollar thresholds specified in paragraph (c) 
of this section shall be adjusted by multiplying the baseline threshold 
values specified in paragraph (c) of this section by one plus the 
cumulative percent change in the non-seasonally adjusted Consumer Price 
Index for Urban Wage Earners and Clerical Workers, measured from the 
effective date of this rule, as further described in paragraph (b) of 
this section, and shall be rounded in accordance with paragraph (d) of 
this section.
    (b) Frequency. (1) In general--biennial adjustments. Except as 
otherwise provided in paragraph (b)(2) and (b)(3) of this section, the 
adjustments described in paragraph (a) of this section shall be 
effective on October 1 following each consecutive two year period 
ending August 30, and using the non-seasonally adjusted Consumer Price 
Index for Urban Wage Earners and Clerical Workers as of August 30 of 
that year.
    (2) Off-year adjustments. In the event that the OCC determines, 
during a year where no adjustment would be made under paragraph (b)(1), 
that the non-seasonally adjusted Consumer Price Index for Urban Wage 
Earners and Clerical Workers, measured over the twelve month period 
ending August 30 of that year, is such that an adjustment under this 
section would be appropriate for that year, the OCC may make an 
adjustment under this section for that year.
    (3) Periods of negative inflation. Notwithstanding paragraph (b)(1) 
or (b)(2) of this section, if an adjustment of dollar thresholds using 
the cumulative percent change of the non-seasonally adjusted Consumer 
Price Index for Urban Wage Earners and Clerical Workers from the 
effective date of this rule or the most recent adjustment, as 
applicable, would not result in an increase from the current dollar 
thresholds, no adjustment will be made pursuant to paragraph (a) of 
this section.
    (c) Specified thresholds. The thresholds in the following sections 
shall be adjusted in accordance with paragraph (a) of this section 
relative to the baseline threshold values as specified below.
    (1) Sec.  3.2, definition of Financial institution, paragraph 
(4)(i)(A), baseline threshold value $10 million;
    (2) Sec.  3.101, definition of Regulatory retail exposure, 
paragraph (2), baseline threshold value $1 million;
    (3) Sec.  3.101, definition of Small or medium-sized entity (SME), 
baseline threshold value $50 million;
    (4) Sec.  3.150(b)(1), baseline threshold value $1 billion;
    (5) Sec.  3.150(b)(2), baseline threshold values $1 billion, $30 
billion, and $120 million;
    (6) Sec.  3.150(b)(2)(i), baseline threshold value $1 billion;
    (7) Sec.  3.150(b)(3), baseline threshold values $30 billion and 
$4.47 billion
    (8) Sec.  3.150(b)(3)(i), baseline threshold value $30 billion;
    (9) Sec.  3.150(d)(2)(i)(A), baseline threshold value $20,000;
    (10) Sec.  3.201(b)(1)(ii)(B), baseline threshold value $5 billion;
    (11) Sec.  3.201(b)(2)(ii), baseline threshold value $1 trillion;
    (12) Sec.  3.202 ``Large market cap'', baseline threshold value $2 
billion;
    (13) Sec.  3.202, ``Market risk covered position'' (1)(ii)(D), 
baseline value $20 million;
    (14) Sec.  3.202, ``Small market cap'', baseline threshold value $2 
billion.
    (d) Rounding. When adjusting thresholds under this section, each 
threshold shall be rounded based on the size of the threshold (e.g., 
thousands, millions, billions) to the nearest number with two 
significant digits.
    (e) Effective date of threshold adjustments. The OCC shall announce 
the thresholds adjusted in accordance with this section by publication 
in the Federal Register. Such adjusted thresholds shall be effective on 
October 1 of the year during which an adjustment is made.
    (f) Failure to publish in the Federal Register. In the event, for 
any reason, the thresholds adjusted in accordance with this section are 
not published in the Federal Register in a year in which an adjustment 
is made under this section, the thresholds specified in paragraph (c) 
of this section will adjust as provided in this section and be 
effective on October 1, notwithstanding the lack of publication in the 
Federal Register.
* * * * *
0
6. Add a new section Sec.  3.5 to read as follows:


Sec.  3.5  Calculation of loan-to-value (LTV) ratio.

    (a) Loan-to-Value ratio. The loan-to-value (LTV) ratio must be 
calculated as the extension of credit divided by the value of the 
property.
    (b) Extension of credit. For purposes of a LTV ratio calculated 
under this section, the extension of credit is equal to the total 
outstanding amount of the loan including any undrawn committed amount 
of the loan.
    (c) Value of the property. (1) For purposes of a LTV ratio 
calculated under this section, the value of the property is the market 
value of all real estate properties securing or being improved by the 
extension of credit plus the amount of any readily marketable 
collateral and other acceptable collateral, as defined in 12 CFR part 
34, appendix A to subpart D, that secures the extension of credit, 
subject to the following:
    (i) For exposures subject to 12 CFR part 34, subpart C, the market 
value of property is a valuation that meets all requirements of that 
rule.
    (ii) For exposures not subject to 12 CFR part 34, subpart C:
    (A) The market value of real estate must be obtained from an 
independent valuation of the property using prudently conservative 
valuation criteria;
    (B) The valuation must be done independently from the national 
bank's or Federal savings association's origination and underwriting 
process, and
    (C) To ensure that the market value of the real estate is 
determined in a prudently conservative manner, the valuation must 
exclude expectations of price increases and must be adjusted downward 
to take into account the potential for the current market price to be 
significantly above the value that would be sustainable over the life 
of the loan.
    (2) In the case where the exposure finances the purchase of the 
property, the value of the property is the lower of the market value 
obtained under

[[Page 15277]]

paragraph (c)(1)(i) or (ii), as applicable, and the actual acquisition 
cost.
    (3) The value of the property must be measured at the time of 
origination, except in the following circumstances:
    (i) The OCC requires a national bank or Federal savings association 
to revise the value of the property downward;
    (ii) The value of the property must be adjusted downward due to an 
extraordinary event that results in a permanent reduction of the 
property value; or
    (iii) The value of the property may be increased to reflect 
modifications made to the property that increase the market value, as 
determined according to the requirements in paragraphs (c)(1)(i) or 
(ii) of this section.
    (4) Readily marketable collateral and other acceptable collateral, 
as defined in 12 CFR part 34, appendix A to subpart D, must be 
appropriately discounted by the national bank or Federal savings 
association consistent with the national bank's or Federal savings 
association's usual practices for making loans secured by such 
collateral.
* * * * *
0
7. In Sec.  3.10:
0
a. Revise paragraph (a)(1)(v);
0
b. Revise paragraph (b);
0
c. Revise paragraph (c);
0
d. Revise paragraph (d) introductory text; and
0
e. Revise paragraph (d)(3)(ii).
    The revisions read as follows:


Sec.  3.10   Minimum capital requirements.

    (a) * * *
    (1) * * *
    (v) For a Category I national bank or Federal savings association, 
a Category II national bank or Federal Savings association, and a 
Category III national bank or Federal savings association, a 
supplementary leverage ratio of 3 percent.
* * * * *
    (b) Standardized capital ratio calculations. For a national bank or 
Federal savings association that is not a Category I national bank or 
Federal savings association or a Category II national bank or Federal 
savings association:
    (1) Common equity tier 1 capital ratio. The national bank's or 
Federal savings association's common equity tier 1 capital ratio is the 
ratio of the national bank's or Federal savings association's common 
equity tier 1 capital to selected total risk-weighted assets;
    (2) Tier 1 capital ratio. The national bank's or Federal savings 
association's tier 1 capital ratio is the ratio of the national bank's 
or Federal savings association's tier 1 capital to selected total risk-
weighted assets;
    (3) Total capital ratio. The national bank's or Federal savings 
association's total capital ratio is the ratio of the national bank's 
or Federal savings association's total capital to selected total risk-
weighted assets; and
    (4) Leverage ratio. The national bank's or Federal savings 
association's leverage ratio is the ratio of the national bank's or 
Federal savings association's tier 1 capital to the national bank's or 
Federal savings association's average total consolidated assets as 
reported on the national bank's or Federal savings association's Call 
Report, minus amounts deducted from tier 1 capital under Sec.  3.22(a), 
(c) and (d).
    (5) Selected total risk-weighted assets. A national bank's or 
Federal savings association's selected total risk-weighted assets is 
either the national bank's or Federal savings association's 
standardized total risk-weighted assets or expanded total risk-weighted 
assets, as selected by the national bank or Federal savings 
association. A national bank or Federal savings association may change 
its choice for selected total risk-weighted assets by providing the OCC 
with prior notice of the change at least four full calendar quarters 
before the calendar quarter in which the change will take effect.
    (c) Supplementary leverage ratio. (1) The supplementary leverage 
ratio of a Category I national bank or Federal savings association, a 
Category II national bank or Federal Savings association, or a Category 
III national bank or Federal savings association is the ratio of its 
tier 1 capital to total leverage exposure. Total leverage exposure is 
calculated as the sum of:
    (i) The mean of the on-balance sheet assets calculated as of each 
day of the reporting quarter; and
    (ii) The mean of the off-balance sheet exposures calculated as of 
the last day of each of the most recent three months, minus the 
applicable deductions under Sec.  3.22(a), (c), and (d).
    (2) For purposes of this part, total leverage exposure means the 
sum of the items described in paragraphs (c)(2)(i) through (viii) of 
this section, as adjusted pursuant to paragraph (c)(2)(ix) of this 
section for a clearing member national bank or Federal savings 
association and paragraph (c)(2)(x) of this section for a custody bank:
    (i) The balance sheet carrying value of all of the national bank's 
or Federal savings association's on-balance sheet assets, net of 
adjusted allowances for credit losses, plus the value of securities 
sold under a repurchase transaction or a securities lending transaction 
that qualifies for sales treatment under GAAP, less amounts deducted 
from tier 1 capital under Sec.  3.22(a), (c), and (d), less the value 
of securities received in security-for-security repo-style 
transactions, where the national bank or Federal savings association 
acts as a securities lender and includes the securities received in its 
on-balance sheet assets but has not sold or re-hypothecated the 
securities received, and, for a national bank or Federal savings 
association that uses the Standardized approach for counterparty credit 
risk (SA-CCR) Sec.  3.114 for its standardized total risk-weighted 
assets or expanded total risk-weighted assets, less the fair value of 
any derivative contracts;
    (ii) (A) For a national bank or Federal savings association that 
uses the current exposure methodology under Sec.  3.34(b) for its 
standardized total risk-weighted assets, the potential future credit 
exposure (PFE) for each derivative contract or each single-product 
netting set of derivative contracts (including a cleared transaction 
except as provided in paragraph (c)(2)(ix) of this section and, at the 
discretion of the national bank or Federal savings association, 
excluding a forward agreement treated as a derivative contract that is 
part of a repurchase or reverse repurchase or a securities borrowing or 
lending transaction that qualifies for sales treatment under GAAP), to 
which the national bank or Federal savings association is a 
counterparty as determined under Sec.  3.34, but without regard to 
Sec.  3.34(c), provided that:
    (1) A national bank or Federal savings association may choose to 
exclude the PFE of all credit derivatives or other similar instruments 
through which it provides credit protection when calculating the PFE 
under Sec.  3.34, but without regard to Sec.  3.34(c), provided that it 
does not adjust the net-to-gross ratio (NGR); and
    (2) A national bank or Federal savings association that chooses to 
exclude the PFE of credit derivatives or other similar instruments 
through which it provides credit protection pursuant to paragraph 
(c)(2)(ii)(A) of this section must do so consistently over time for the 
calculation of the PFE for all such instruments; or
    (B) (1) For a national bank or Federal savings association that 
uses SA-CCR under Sec.  3.114 for its standardized total risk-weighted 
assets or expanded total risk-weighted assets, the PFE under SA-CCR for 
each derivative contract or single product netting set to which the 
national bank or Federal savings association is a counterparty 
(including cleared transactions except as provided in paragraph 
(c)(2)(ix) of this section and, at the discretion of the national

[[Page 15278]]

bank or Federal savings association, excluding a forward agreement 
treated as a derivative contract that is part of a repurchase or 
reverse repurchase or a securities borrowing or lending transaction 
that qualifies for sales treatment under GAAP), as determined under 
Sec.  3.114(g), in which the term C in Sec.  3.114(g)(1) equals zero, 
and, for any counterparty that is not a commercial end-user, multiplied 
by 1.4. For purposes of this paragraph (c)(2)(ii)(A), a national bank 
or Federal savings association may set the value of the term C in Sec.  
3.114(g)(1) equal to the amount of collateral posted by a clearing 
member client of the national bank or Federal savings association in 
connection with the client-facing derivative transactions within the 
netting set; and
    (2) A national bank or Federal savings association may choose to 
exclude the PFE of all credit derivatives or other similar instruments 
through which it provides credit protection when calculating the PFE 
under Sec.  3.114, provided that it does so consistently over time for 
the calculation of the PFE for all such instruments;
    (iii)(A)(1) For a national bank or Federal savings association that 
uses the current exposure methodology under Sec.  3.34(b) for its 
standardized total risk-weighted assets, the amount of cash collateral 
that is received from a counterparty to a derivative contract and that 
has offset the mark-to-fair value of the derivative asset, or cash 
collateral that is posted to a counterparty to a derivative contract 
and that has reduced the national bank's or Federal savings 
association's on-balance sheet assets, unless such cash collateral is 
all or part of variation margin that satisfies the conditions in 
paragraphs (c)(2)(iii)(C) through (G) of this section; and
    (2) The variation margin is used to reduce the current credit 
exposure of the derivative contract, calculated as described in Sec.  
3.34(b), and not the PFE; and
    (3) For the purpose of the calculation of the NGR described in 
Sec.  3.34(b)(2)(ii)(B), variation margin described in paragraph 
(c)(2)(iii)(A)(2) of this section may not reduce the net current credit 
exposure or the gross current credit exposure; or
    (B)(1) For a national bank or Federal savings association that uses 
Standardized approach for derivative contracts under Sec.  3.114 for 
its standardized total risk-weighted assets or expanded total risk-
weighted assets, the replacement cost under Sec.  3.114 of each 
derivative contract or single product netting set of derivative 
contracts to which the national bank or Federal savings association is 
a counterparty, calculated according to the following formula, and, for 
any counterparty that is not a commercial end-user, multiplied by 1.4:

Replacement Cost = max{V-CVMr + CVMp; 0{time} 
Where:

V equals the fair value for each derivative contract or each netting 
set of derivative contracts (including a cleared transaction except 
as provided in paragraph (c)(2)(ix) of this section and, at the 
discretion of the national bank or Federal savings association, 
excluding a forward agreement treated as a derivative contract that 
is part of a repurchase or reverse repurchase or a securities 
borrowing or lending transaction that qualifies for sales treatment 
under GAAP);
CVMr equals the amount of cash collateral received from a 
counterparty to a derivative contract and that satisfies the 
conditions in paragraphs (c)(2)(iii)(C) through (G) of this section, 
or, in the case of a client-facing derivative transaction, the 
amount of collateral received from the clearing member client; and
CVMp equals the amount of cash collateral that is posted 
to a counterparty to a derivative contract and that has not offset 
the fair value of the derivative contract and that satisfies the 
conditions in paragraphs (c)(2)(iii)(C) through (G) of this section, 
or, in the case of a client-facing derivative transaction, the 
amount of collateral posted to the clearing member client;

    (2) Notwithstanding paragraph (c)(2)(iii)(A)(1) of this section, 
where multiple netting sets are subject to a single variation margin 
agreement, a national bank or Federal savings association must apply 
the formula for replacement cost provided in Sec.  3.114(j)(1), in 
which the term CMA may only include cash collateral that satisfies the 
conditions in paragraphs (c)(2)(iii)(C) through (G) of this section; 
and
    (3) For purposes of paragraph (c)(2)(iii)(A)(1) of this section, a 
national bank or Federal savings association must treat a derivative 
contract that references an index as if it were multiple derivative 
contracts each referencing one component of the index if the national 
bank or Federal savings association elected to treat the derivative 
contract as multiple derivative contracts under Sec.  3.114(e)(6);
    (C) For derivative contracts that are not cleared through a QCCP, 
the cash collateral received by the recipient counterparty is not 
segregated (by law, regulation, or an agreement with the counterparty);
    (D) Variation margin is calculated and transferred on a daily basis 
based on the mark-to-fair value of the derivative contract;
    (E) The variation margin transferred under the derivative contract 
or the governing rules of the CCP or QCCP for a cleared transaction is 
the full amount that is necessary to fully extinguish the net current 
credit exposure to the counterparty of the derivative contracts, 
subject to the threshold and minimum transfer amounts applicable to the 
counterparty under the terms of the derivative contract or the 
governing rules for a cleared transaction;
    (F) The variation margin is in the form of cash in the same 
currency as the currency of settlement set forth in the derivative 
contract, provided that for the purposes of this paragraph 
(c)(2)(iii)(F), currency of settlement means any currency for 
settlement specified in the governing qualifying master netting 
agreement and the credit support annex to the qualifying master netting 
agreement, or in the governing rules for a cleared transaction; and
    (G) The derivative contract and the variation margin are governed 
by a qualifying master netting agreement between the legal entities 
that are the counterparties to the derivative contract or by the 
governing rules for a cleared transaction, and the qualifying master 
netting agreement or the governing rules for a cleared transaction must 
explicitly stipulate that the counterparties agree to settle any 
payment obligations on a net basis, taking into account any variation 
margin received or provided under the contract if a credit event 
involving either counterparty occurs;
    (iv) The effective notional principal amount (that is, the apparent 
or stated notional principal amount multiplied by any multiplier in the 
derivative contract) of a credit derivative, or other similar 
instrument, through which the national bank or Federal savings 
association provides credit protection, provided that:
    (A) The national bank or Federal savings association may reduce the 
effective notional principal amount of the credit derivative by the 
amount of any reduction in the mark-to-fair value of the credit 
derivative if the reduction is recognized in common equity tier 1 
capital;
    (B) The national bank or Federal savings association may reduce the 
effective notional principal amount of the credit derivative by the 
effective notional principal amount of a purchased credit derivative or 
other similar instrument, provided that the remaining maturity of the 
purchased credit derivative is equal to or greater than the remaining 
maturity of the credit derivative through which the national bank or 
Federal savings

[[Page 15279]]

association provides credit protection and that:
    (1) With respect to a credit derivative that references a single 
exposure, the reference exposure of the purchased credit derivative is 
to the same legal entity and ranks pari passu with, or is junior to, 
the reference exposure of the credit derivative through which the 
national bank or Federal savings association provides credit 
protection; or
    (2) With respect to a credit derivative that references multiple 
exposures, the reference exposures of the purchased credit derivative 
are to the same legal entities and rank pari passu with the reference 
exposures of the credit derivative through which the national bank or 
Federal savings association provides credit protection, and the level 
of seniority of the purchased credit derivative ranks pari passu to the 
level of seniority of the credit derivative through which the national 
bank or Federal savings association provides credit protection;
    (3) Where a national bank or Federal savings association has 
reduced the effective notional principal amount of a credit derivative 
through which the national bank or Federal savings association provides 
credit protection in accordance with paragraph (c)(2)(iv)(A) of this 
section, the national bank or Federal savings association must also 
reduce the effective notional principal amount of a purchased credit 
derivative used to offset the credit derivative through which the 
national bank or Federal savings association provides credit 
protection, by the amount of any increase in the mark-to-fair value of 
the purchased credit derivative that is recognized in common equity 
tier 1 capital; and
    (4) Where the national bank or Federal savings association 
purchases credit protection through a total return swap and records the 
net payments received on a credit derivative through which the national 
bank or Federal savings association provides credit protection in net 
income, but does not record offsetting deterioration in the mark-to-
fair value of the credit derivative through which the national bank or 
Federal savings association provides credit protection in net income 
(either through reductions in fair value or by additions to reserves), 
the national bank or Federal savings association may not use the 
purchased credit protection to offset the effective notional principal 
amount of the related credit derivative through which the national bank 
or Federal savings association provides credit protection;
    (v) Where a national bank or Federal savings association acting as 
a principal has more than one repo-style transaction with the same 
counterparty and has offset the gross value of receivables due from a 
counterparty under reverse repurchase transactions by the gross value 
of payables under repurchase transactions due to the same counterparty, 
the gross value of receivables associated with the repo-style 
transactions less any on-balance sheet receivables amount associated 
with these repo-style transactions included under paragraph (c)(2)(i) 
of this section, unless the following criteria are met:
    (A) The offsetting transactions have the same explicit final 
settlement date under their governing agreements;
    (B) The right to offset the amount owed to the counterparty with 
the amount owed by the counterparty is legally enforceable in the 
normal course of business and in the event of receivership, insolvency, 
liquidation, or similar proceeding; and
    (C) Under the governing agreements, the counterparties intend to 
settle net, settle simultaneously, or settle according to a process 
that is the functional equivalent of net settlement, (that is, the cash 
flows of the transactions are equivalent, in effect, to a single net 
amount on the settlement date), where both transactions are settled 
through the same settlement system, the settlement arrangements are 
supported by cash or intraday credit facilities intended to ensure that 
settlement of both transactions will occur by the end of the business 
day, and the settlement of the underlying securities does not interfere 
with the net cash settlement;
    (vi) The counterparty credit risk of a repo-style transaction, 
including where the national bank or Federal savings association acts 
as an agent for a repo-style transaction and indemnifies the customer 
with respect to the performance of the customer's counterparty in an 
amount limited to the difference between the fair value of the security 
or cash its customer has lent and the fair value of the collateral the 
borrower has provided, calculated as follows:
    (A) If the transaction is not subject to a qualifying master 
netting agreement, the counterparty credit risk (E*) for transactions 
with a counterparty must be calculated on a transaction by transaction 
basis, such that each transaction i is treated as its own netting set, 
in accordance with the following formula, where Ei is the fair value of 
the instruments, gold, or cash that the national bank or Federal 
savings association has lent, sold subject to repurchase, or provided 
as collateral to the counterparty, and Ci is the fair value of the 
instruments, gold, or cash that the national bank or Federal savings 
association has borrowed, purchased subject to resale, or received as 
collateral from the counterparty:

Ei* = max {0, [Ei-Ci]{time} ; and

    (B) If the transaction is subject to a qualifying master netting 
agreement, the counterparty credit risk (E*) must be calculated as the 
greater of zero and the total fair value of the instruments, gold, or 
cash that the national bank or Federal savings association has lent, 
sold subject to repurchase or provided as collateral to a counterparty 
for all transactions included in the qualifying master netting 
agreement ([Sigma]Ei), less the total fair value of the instruments, 
gold, or cash that the national bank or Federal savings association 
borrowed, purchased subject to resale or received as collateral from 
the counterparty for those transactions ([Sigma]Ci), in accordance with 
the following formula:

E* = max {0, [[Sigma]ei-[Sigma]ci]{time} 

    (vii) If a national bank or Federal savings association acting as 
an agent for a repo-style transaction provides a guarantee to a 
customer of the security or cash its customer has lent or borrowed with 
respect to the performance of the customer's counterparty and the 
guarantee is not limited to the difference between the fair value of 
the security or cash its customer has lent and the fair value of the 
collateral the borrower has provided, the amount of the guarantee that 
is greater than the difference between the fair value of the security 
or cash its customer has lent and the value of the collateral the 
borrower has provided;
    (viii) The credit equivalent amount of all off-balance sheet 
exposures of the national bank or Federal savings association, 
excluding repo-style transactions, repurchase or reverse repurchase or 
securities borrowing or lending transactions that qualify for sales 
treatment under GAAP, and derivative transactions, determined using:
    (A) For a national bank or Federal savings association that elects 
to calculate its standardized total risk-weighted assets under Sec.  
3.10(b), the applicable credit conversion factor under Sec.  3.33(b), 
provided, however, that the minimum credit conversion factor that may 
be assigned to an off-balance sheet exposure under this paragraph is 10 
percent; or
    (B) For a national bank or Federal savings association that elects 
to

[[Page 15280]]

calculate its expanded total risk-weighted assets under Sec.  3.10(b), 
a Category I national bank or Federal savings association, or a 
Category II national bank or Federal savings association, the 
applicable credit conversion factor under Sec.  3.112(b), provided, 
however, that the minimum credit conversion factor that may be assigned 
to an off-balance sheet exposure under this paragraph is 10 percent; 
and
    (ix) For a national bank or Federal savings association that is a 
clearing member:
    (A) A clearing member national bank or Federal savings association 
that guarantees the performance of a clearing member client with 
respect to a cleared transaction must treat its exposure to the 
clearing member client as a derivative contract or repo-style 
transaction, as applicable, for purposes of determining its total 
leverage exposure;
    (B) A clearing member national bank or Federal savings association 
that guarantees the performance of a CCP with respect to a transaction 
cleared on behalf of a clearing member client must treat its exposure 
to the CCP as a derivative contract or repo-style transaction, as 
applicable, for purposes of determining its total leverage exposure;
    (C) A clearing member national bank or Federal savings association 
that does not guarantee the performance of a CCP with respect to a 
transaction cleared on behalf of a clearing member client may exclude 
its exposure to the CCP for purposes of determining its total leverage 
exposure;
    (D) A national bank or Federal savings association that is a 
clearing member may exclude from its total leverage exposure the 
effective notional principal amount of credit protection sold through a 
credit derivative contract, or other similar instrument, that it clears 
on behalf of a clearing member client through a CCP as calculated in 
accordance with paragraph (c)(2)(iv) of this section;
    (E) Notwithstanding paragraphs (c)(2)(ix)(A) through (C) of this 
section, a national bank or Federal savings association may exclude 
from its total leverage exposure a clearing member's exposure to a 
clearing member client for a derivative contract if the clearing member 
client and the clearing member are affiliates and consolidated for 
financial reporting purposes on the national bank's or Federal savings 
association's balance sheet; and
    (F) Notwithstanding paragraph (c)(2)(ix)(A), a national bank or 
Federal savings association that has elected under Sec.  3.113(c) to 
treat any repo-style transactions subject to a qualifying cross-product 
master netting agreement as derivative contracts must treat any such 
repo-style transactions as a derivative contract for purposes of this 
paragraph (c).
    (x) A custody bank shall exclude from its total leverage exposure 
the lesser of:
    (A) The amount of funds that the custody bank has on deposit at a 
qualifying central bank; and
    (B) The amount of funds in deposit accounts at the custody bank 
that are linked to fiduciary or custodial and safekeeping accounts at 
the custody bank. For purposes of this paragraph (c)(2)(x), a deposit 
account is linked to a fiduciary or custodial and safekeeping account 
if the deposit account is provided to a client that maintains a 
fiduciary or custodial and safekeeping account with the custody bank 
and the deposit account is used to facilitate the administration of the 
fiduciary or custodial and safekeeping account.
    (d) Expanded capital ratio calculations. A Category I national bank 
or Federal savings association, or a Category II national bank or 
Federal savings association, or a national bank or Federal savings 
association that elects to use expanded total risk-weighted assets for 
purposes of Sec.  3.10(a)(5) must determine its regulatory capital 
ratios as described in paragraphs (d)(1) through (4) of this section.
    (1) Common equity tier 1 capital ratio. The national bank's or 
Federal savings association's common equity tier 1 capital ratio is the 
ratio of the national bank's or Federal savings association's common 
equity tier 1 capital to expanded total risk-weighted assets;
    (2) Tier 1 capital ratio. The national bank's or Federal savings 
association's tier 1 capital ratio is the ratio of the national bank's 
or Federal savings association's tier 1 capital to expanded total risk-
weighted assets;
    (3) Total capital ratio. The national bank's or Federal savings 
association's total capital ratio is the ratio of the national bank's 
or Federal savings association's total capital to expanded total risk-
weighted assets; and
    (4) Leverage ratio. The national bank's or Federal savings 
association's leverage ratio is the ratio of the national bank's or 
Federal savings association's tier 1 capital to the national bank's or 
Federal savings association's average total consolidated assets as 
reported on the national bank's or Federal savings association's Call 
Report, minus amounts deducted from tier 1 capital under Sec.  3.22(a), 
(c) and (d).
* * * * *
0
8. In Sec.  3.11, revise paragraphs (a)(2)(iv), (b)(1), (b)(1)(ii), and 
(b)(1)(iii) to read as follows:


Sec.  3.11  Capital conservation buffer and countercyclical capital 
buffer amount.

* * * * *
    (a) * * *
    (2) * * *
    (iv) Private sector credit exposure. Private sector credit exposure 
means an exposure to a company or an individual that is not an exposure 
to a sovereign, a specified supranational entity, a MDB, a PSE, or a 
GSE.
* * * * *
    (b) * * *
    (1) General. A Category I or Category II national bank or Federal 
savings association, and a Category III national bank or Federal 
savings association, must calculate a countercyclical capital buffer 
amount in accordance with paragraphs (b)(1)(i) through (iv) of this 
section for purposes of determining its maximum payout ratio under 
Table 1 to this section.
    (i) * * *
    (ii) Amount. A Category I or Category II national bank or Federal 
savings association, and a Category III national bank or Federal 
savings association, has a countercyclical capital buffer amount 
determined by calculating the weighted average of the countercyclical 
capital buffer amounts established for the national jurisdictions where 
the national bank's or Federal savings association's private sector 
credit exposures are located, as specified in paragraphs (b)(2) and (3) 
of this section.
    (iii) Weighting. The weight assigned to a jurisdiction's 
countercyclical capital buffer amount is calculated by dividing the 
total risk-weighted assets for the national bank's or Federal savings 
association's private sector credit exposures located in the 
jurisdiction by the total risk-weighted assets for all of the national 
bank's or Federal savings association's private sector credit 
exposures. The methodology a national bank or Federal savings 
association uses for determining risk-weighted assets for purposes of 
this paragraph (b) must be the methodology that determines its risk-
based capital ratios under Sec.  3.10. Notwithstanding the previous 
sentence, the risk-weighted asset amount for a private sector credit 
exposure that is a covered position under subpart F of this part is its 
standardized default risk capital requirement as determined under Sec.  
3.210 multiplied by 12.5.
* * * * *
0
9. In Sec.  3.12, revise paragraph (a)(2) and remove paragraph (a)(4).
    The revision reads as follows:

[[Page 15281]]

Sec.  3.12  Community bank leverage ratio framework.

    (a) * * *
    (2) For purposes of this section, a qualifying community banking 
organization means a national bank or Federal savings association that 
is not a Category I national bank or Federal savings association, or a 
Category II national bank or savings association, and that satisfies 
all of the following criteria:
* * * * *
0
10. In Sec.  3.20, revise paragraphs (c)(1)(xiv) and (d)(1)(xi) and 
(d)(3) to read as follows:


Sec.  3.20   Capital components and eligibility criteria for regulatory 
capital instruments.

* * * * *
    (c) * * *
    (1) * * *
    (xiv) For a Category I national bank or Federal savings 
association, or a Category II national bank or Federal savings 
association, or a national bank or Federal savings association that 
uses expanded total risk-weighted assets for purposes of Sec.  
3.10(a)(5), the governing agreement, offering circular, or prospectus 
of an instrument issued after the date upon which the national bank or 
Federal savings association becomes a Category I national bank or 
Federal savings association, or a Category II national bank or Federal 
savings association, or a national bank or Federal savings association 
that uses expanded total risk-weighted assets for purposes of Sec.  
3.10(a)(5), must disclose that the holders of the instrument may be 
fully subordinated to interests held by the U.S. government in the 
event that the national bank or Federal savings association enters into 
a receivership, insolvency, liquidation, or similar proceeding.
* * * * *
    (d) * * *
    (1) * * *
    (xi) For a Category I national bank or Federal savings association, 
a Category II national bank or Federal savings association, or a 
national bank or Federal savings association that uses expanded total 
risk-weighted assets for purposes of Sec.  3.10(a)(5), the governing 
agreement, offering circular, or prospectus of an instrument issued 
after the date on which the national bank or Federal savings 
association becomes a Category I national bank or Federal savings 
association, or a Category II national bank or Federal savings 
association, or a national bank or Federal savings association that 
uses expanded total risk-weighted assets for purposes of Sec.  
3.10(a)(5), must disclose that the holders of the instrument may be 
fully subordinated to interests held by the U.S. government in the 
event that the national bank or Federal savings association enters into 
a receivership, insolvency, liquidation, or similar proceeding.
* * * * *
    (3) AACL up to 1.25 percent of a national bank's or Federal savings 
association's standardized total risk-weighted assets or total credit 
risk-weighted assets, as applicable, not including any amount of AACL 
(and excluding, in the case of a market risk national bank or Federal 
savings association, its market risk weighted assets).
* * * * *
0
11. In Sec.  3.21:
0
a. In paragraph (a)(1), remove the words ``an advanced approaches 
national bank or Federal savings association'' and add in their place 
the words ``Category I national bank or Federal savings association, 
Category II national bank or Federal savings association, or national 
bank or Federal savings association that uses expanded total risk-
weighted assets for purposes of Sec.  3.10(a)(5)'';
0
b. Revise paragraph (b):
    The revision reads as follows:


Sec.  3.21  Minority interest.

* * * * *
    (b)(1) Applicability. For purposes of Sec.  3.20, a Category I 
national bank or Federal savings association, a Category II national 
bank or Federal savings association or a national bank or Federal 
savings association that uses expanded total risk-weighted assets for 
purposes of Sec.  3.10(a)(5), is subject to the minority interest 
limitations in this paragraph (b) if:
    (i) A consolidated subsidiary of the national bank or Federal 
savings association has issued regulatory capital that is not owned by 
the national bank or federal savings association; and
    (ii) For each relevant regulatory capital ratio of the consolidated 
subsidiary, the ratio exceeds the sum of the subsidiary's minimum 
regulatory capital requirements plus its capital conservation buffer.
    (2) Difference in capital adequacy standards at the subsidiary 
level. For purposes of the minority interest calculations in this 
section, if the consolidated subsidiary issuing the capital is not 
subject to capital adequacy standards similar to those of the national 
bank or Federal savings association, the national bank or Federal 
savings association must assume that the capital adequacy standards of 
the national bank or Federal savings association apply to the 
subsidiary.
    (3) Common equity tier 1 minority interest includable in the common 
equity tier 1 capital of the national bank or Federal savings 
association. For each consolidated subsidiary of a national bank or 
Federal savings association, the amount of common equity tier 1 
minority interest the national bank or Federal savings association may 
include in common equity tier 1 capital is equal to:
    (i) The common equity tier 1 minority interest of the subsidiary; 
minus
    (ii) The percentage of the subsidiary's common equity tier 1 
capital that is not owned by the national bank or Federal savings 
association, multiplied by the difference between the common equity 
tier 1 capital of the subsidiary and the lower of:
    (A) The amount of common equity tier 1 capital the subsidiary must 
hold, or would be required to hold pursuant to this paragraph (b), to 
avoid restrictions on distributions and discretionary bonus payments 
under Sec.  3.11 or equivalent standards established by the 
subsidiary's home country supervisor; or
    (B)(1) The expanded total risk-weighted assets of the national bank 
or Federal savings association that relate to the subsidiary multiplied 
by
    (2) The common equity tier 1 capital ratio the subsidiary must 
maintain to avoid restrictions on distributions and discretionary bonus 
payments under Sec.  3.11 or equivalent standards established by the 
subsidiary's home country supervisor.
    (4) Tier 1 minority interest includable in the tier 1 capital of 
the national bank or Federal savings association. For each consolidated 
subsidiary of the national bank or Federal savings association, the 
amount of tier 1 minority interest the national bank or Federal savings 
association may include in tier 1 capital is equal to:
    (i) The tier 1 minority interest of the subsidiary; minus
    (ii) The percentage of the subsidiary's tier 1 capital that is not 
owned by the national bank or Federal savings association multiplied by 
the difference between the tier 1 capital of the subsidiary and the 
lower of:
    (A) The amount of tier 1 capital the subsidiary must hold, or would 
be required to hold pursuant to this paragraph (b), to avoid 
restrictions on distributions and discretionary bonus payments under 
Sec.  3.11 or equivalent standards established by the subsidiary's home 
country supervisor, or
    (B)(1) The expanded total risk-weighted assets of the national bank 
or

[[Page 15282]]

Federal savings association that relate to the subsidiary multiplied by
    (2) The tier 1 capital ratio the subsidiary must maintain to avoid 
restrictions on distributions and discretionary bonus payments under 
Sec.  3.11 or equivalent standards established by the subsidiary's home 
country supervisor.
    (5) Total capital minority interest includable in the total capital 
of the national bank or Federal savings association. For each 
consolidated subsidiary of the national bank or Federal savings 
association, the amount of total capital minority interest the national 
bank or Federal savings association may include in total capital is 
equal to:
    (i) The total capital minority interest of the subsidiary; minus
    (ii) The percentage of the subsidiary's total capital that is not 
owned by the national bank or Federal savings association multiplied by 
the difference between the total capital of the subsidiary and the 
lower of:
    (A) The amount of total capital the subsidiary must hold, or would 
be required to hold pursuant to this paragraph (b), to avoid 
restrictions on distributions and discretionary bonus payments under 
Sec.  3.11 or equivalent standards established by the subsidiary's home 
country supervisor, or
    (B) (1) The expanded total risk-weighted assets of the national 
bank or Federal savings association that relate to the subsidiary 
multiplied by
    (2) The total capital ratio the subsidiary must maintain to avoid 
restrictions on distributions and discretionary bonus payments under 
Sec.  3.11 or equivalent standards established by the subsidiary's home 
country supervisor.
* * * * *
0
12. In Sec.  3.22:
0
a. Revise paragraphs (a)(1) and (a)(4);
0
b. Remove paragraph (a)(6);
0
c. Redesignate paragraph (a)(7) as new paragraph (a)(6), and 
redesignate paragraph (a)(8) and the new paragraph (a)(7);
0
d. In paragraph (b)(2)(i) and (b)(2)(iv), remove the words ``an 
advanced approaches national bank or Federal savings association'' and 
add in their place the words ``a Category I national bank or Federal 
savings association, a Category II national bank or Federal savings 
association, or a national bank or Federal savings association that 
uses expanded total risk-weighted assets for purposes of Sec.  
3.10(a)(5),'';
0
e. Revise paragraph (b)(2)(ii);
0
f. In paragraph (b)(2)(iii) and (b)(2)(iv), remove the words ``an 
advanced approaches national bank or Federal savings association'' and 
add in their place the words ``a Category I national bank or Federal 
savings association or a Category II national bank or Federal savings 
association or a national bank or Federal savings association that uses 
expanded total risk-weighted assets for purposes of Sec.  3.10(a)(5)'';
0
g. In footnote 21, in paragraph (b)(2)(iii), remove the words ``12 CFR 
part 225 (Board); 12 CFR part 325, and 12 CFR part 390'' and add in 
their place ``12 CFR part 217 (Board); and 12 CFR part 325 (FDIC)'';
0
h. In footnote 22, in paragraph (b)(2)(iv)(A), remove the words ``12 
CFR part 225 (Board); 12 CFR part 325, and 12 CFR part 390'' and add in 
their place ``12 CFR part 217 (Board); and 12 CFR part 325 (FDIC)'';
0
i. In footnote 23, in paragraph (c), remove the words ``ALLL or AACL, 
as applicable,'' and add in its places ``AACL'';
0
j. Revise paragraphs (c)(2);
0
k. In paragraph (c)(4), remove the words ``an advanced approaches 
national bank or Federal savings association'' and replace them with a 
Category I national bank or Federal savings association or a Category 
II national bank or Federal savings association or a national bank or 
Federal savings association that uses expanded total risk-weighted 
assets for purposes of Sec.  3.10(a)(5);
0
l. Revise paragraphs (c)(5)(i) through (iv);
0
m. Revise paragraphs (c)(6);
0
n. Revise paragraph (d)(1).
0
o. Remove and reserve paragraph (d)(1)(iii);
0
p. Revise paragraph (d)(2);
0
q. Revise paragraph (f); and
0
r. Revise paragraph (g).
    The revisions read as follows:


Sec.  3.22   Regulatory capital adjustments and deductions.

    (a) * * *
    (1) * * *
    (ii) For a national bank or Federal savings association subject to 
subpart E of this part, goodwill that is embedded in the valuation of a 
significant investment in the capital of an unconsolidated financial 
institution in the form of common stock (and that is reflected in the 
consolidated financial statements of the national bank or Federal 
savings association), in accordance with paragraph (d) of this section;
* * * * *
    (4)(i) Any gain-on-sale in connection with a securitization 
exposure; and
    (ii) For a Category I national bank or Federal savings association 
or a Category II national bank or Federal savings association or a 
national bank or Federal savings association that uses expanded total 
risk-weighted assets for purposes of Sec.  3.10(a)(5), the portion of 
any CEIO that does not constitute an after-tax gain-on-sale;
* * * * *
    (b) * * *
    (2) * * *
    (i) A national bank or Federal savings association that is not a 
Category I national bank or Federal savings association, or a Category 
II national bank or Federal savings association, or a national bank or 
Federal savings association that uses expanded total risk-weighted 
assets for purposes of Sec.  3.10(a)(5), may make a one-time election 
to opt out of the requirement to include all components of AOCI (with 
the exception of accumulated net gains and losses on cash flow hedges 
related to items that are not fair-valued on the balance sheet) in 
common equity tier 1 capital (AOCI opt-out election). A national bank 
or Federal savings association that makes an AOCI opt-out election in 
accordance with this paragraph (b)(2) must adjust common equity tier 1 
capital as follows:
    (A) Subtract any net unrealized gains and add any net unrealized 
losses on available-for-sale securities;
    (B) Subtract any accumulated net gains and add any accumulated net 
losses on cash flow hedges;
    (C) Subtract any amounts recorded in AOCI attributed to defined 
benefit postretirement plans resulting from the initial and subsequent 
application of the relevant GAAP standards that pertain to such plans 
(excluding, at the national bank's or Federal savings association's 
option, the portion relating to pension assets deducted under paragraph 
(a)(5) of this section); and
    (D) Subtract any net unrealized gains and add any net unrealized 
losses on held-to-maturity securities that are included in AOCI.
    (ii) A national bank or Federal savings association that is not a 
Category I national bank or Federal savings association, a Category II 
national bank or Federal savings association, or a national bank or 
Federal savings association that uses expanded total risk-weighted 
assets for purposes of Sec.  3.10(a)(5) must make its AOCI opt-out 
election in the Call Report, during the first reporting period after 
the national bank or Federal savings association is required to comply 
with subpart A of this part. If the national bank or Federal savings 
association was previously a Category I national bank or Federal 
savings association, a Category II

[[Page 15283]]

national bank or Federal savings association, or a national bank or 
Federal savings association that used expanded total risk-weighted 
assets for purposes of Sec.  3.10(a)(5), the national bank or Federal 
savings association may not make an AOCI opt-out election under this 
paragraph (b)(2)(ii).
* * * * *
* * * * *
    (c) * * * 23
    (1) Investment in the national bank's or Federal savings 
association's own capital or covered debt instruments. A national bank 
or Federal savings association must deduct an investment in the 
national bank's or Federal savings association's own capital 
instruments; and a Category I national bank or Federal savings 
association, a Category II national bank or Federal savings 
association, and a national bank or Federal savings association that 
uses expanded total risk-weighted assets for purposes of Sec.  
3.10(a)(5) also must deduct an investment in the national bank's or 
Federal savings association's own covered debt instruments, as follows:
* * * * *
    (iv) A Category I national bank or Federal savings association or a 
Category II national bank or Federal savings association or a national 
bank or Federal savings association that uses expanded total risk-
weighted assets for purposes of Sec.  3.10(a)(5) must deduct an 
investment in the institution's own covered debt instruments from its 
tier 2 capital elements, as applicable. If the national bank or Federal 
savings association does not have a sufficient amount of tier 2 capital 
to effect this deduction, the national bank or Federal savings 
association must deduct the shortfall amount from the next higher (that 
is, more subordinated) component of regulatory capital.
* * * * *
    (2) Corresponding deduction approach. For purposes of subpart C of 
this part, the corresponding deduction approach is the methodology used 
for the deductions from regulatory capital related to reciprocal cross 
holdings (as described in paragraph (c)(3) of this section), 
investments in the capital of unconsolidated financial institutions for 
a national bank or Federal savings association that is not a Category I 
national bank or Federal savings association, or a Category II national 
bank or Federal savings association, or a national bank or Federal 
savings association that uses expanded total risk-weighted assets for 
purposes of Sec.  3.10(a)(5) (as described in paragraph (c)(4) of this 
section), non-significant investments in the capital of unconsolidated 
financial institutions for a Category I national bank or Federal 
savings association, or a Category II national bank or Federal savings 
association, or a national bank or Federal savings association that 
uses expanded total risk-weighted assets for purposes of Sec.  
3.10(a)(5) (as described in paragraph (c)(5) of this section), and non-
common stock significant investments in the capital of unconsolidated 
financial institutions for a Category I national bank or Federal 
savings association or a Category II national bank or Federal savings 
association or a national bank or Federal savings association that uses 
expanded total risk-weighted assets for purposes of Sec.  3.10(a)(5) 
(as described in paragraph (c)(6) of this section). Under the 
corresponding deduction approach, a national bank or Federal savings 
association must make deductions from the component of capital for 
which the underlying instrument would qualify if it were issued by the 
national bank or Federal savings association itself, as described in 
paragraphs (c)(2)(i) through (iii) of this section. If the national 
bank or Federal savings association does not have a sufficient amount 
of a specific component of capital to effect the required deduction, 
the shortfall must be deducted according to paragraph (f) of this 
section.
* * * * *
    (ii) * * *
    (D) For a Category I national bank or Federal savings association 
or a Category II national bank or Federal savings association or a 
national bank or Federal savings association that uses expanded total 
risk-weighted assets for purposes of Sec.  3.10(a)(5), a tier 2 capital 
instrument if it is a covered debt instrument.
* * * * *
    (3) * * *
    (ii) A Category I national bank or Federal savings association or a 
Category II national bank or Federal savings association or a national 
bank or Federal savings association that uses expanded total risk-
weighted assets for purposes of Sec.  3.10(a)(5) must deduct an 
investment in any covered debt instrument that the institution holds 
reciprocally with another financial institution, where such reciprocal 
cross holdings result from a formal or informal arrangement to swap, 
exchange, or otherwise intend to hold each other's capital or covered 
debt instruments, by applying the corresponding deduction approach in 
paragraph (c)(2) of this section.
    (4) Investments in the capital of unconsolidated financial 
institutions. A national bank or Federal savings association that is 
not a Category I national bank or Federal savings association or a 
Category II national bank or Federal savings association or a national 
bank or Federal savings association that uses expanded total risk-
weighted assets for purposes of Sec.  3.10(a)(5) must deduct its 
investments in the capital of unconsolidated financial institutions (as 
defined in Sec.  3.2) that exceed 25 percent of the sum of the national 
bank or Federal savings association's common equity tier 1 capital 
elements minus all deductions from and adjustments to common equity 
tier 1 capital elements required under paragraphs (a) through (c)(3) of 
this section by applying the corresponding deduction approach in 
paragraph (c)(2) of this section.\24\ The deductions described in this 
section are net of associated DTLs in accordance with paragraph (e) of 
this section. In addition, with the prior written approval of the OCC, 
a national bank or Federal savings association that underwrites a 
failed underwriting, for the period of time stipulated by the OCC, is 
not required to deduct an investment in the capital of an 
unconsolidated financial institution pursuant to this paragraph (c) to 
the extent the investment is related to the failed underwriting.\25\
    (5) * * *
    (i) A Category I national bank or Federal savings association or a 
Category II national bank or Federal savings association or a national 
bank or Federal savings association that uses expanded total risk-
weighted assets for purposes of Sec.  3.10(a)(5) must deduct its non-
significant investments in the capital of unconsolidated financial 
institutions (as defined in Sec.  3.2) that, in the aggregate and 
together with any investment in a covered debt instrument (as defined 
in Sec.  3.2) issued by a financial institution in which the national 
bank or Federal savings association does not have a significant 
investment in the capital of the unconsolidated financial institution 
(as defined in Sec.  3.2), exceeds 10 percent of the sum of the 
national bank's or Federal savings association's common equity tier 1 
capital elements minus all deductions from and adjustments to common 
equity tier 1 capital elements required under paragraphs (a) through 
(c)(3) of this section (the 10 percent threshold for non-significant 
investments) by applying the corresponding deduction approach in 
paragraph (c)(2) of this section.\26\ The deductions described in this 
paragraph

[[Page 15284]]

are net of associated DTLs in accordance with paragraph (e) of this 
section. In addition, with the prior written approval of the OCC, a 
Category I national bank or Federal savings association or a Category 
II national bank or Federal savings association or a national bank or 
Federal savings association that uses expanded total risk-weighted 
assets for purposes of Sec.  3.10(a)(5) that underwrites a failed 
underwriting, for the period of time stipulated by the OCC, is not 
required to deduct from capital a non-significant investment in the 
capital of an unconsolidated financial institution or an investment in 
a covered debt instrument pursuant to this paragraph (c)(5) to the 
extent the investment is related to the failed underwriting.\27\ For 
any calculation under this paragraph (c)(5)(i), a Category I national 
bank or Federal savings association or a Category II national bank or 
Federal savings association or a national bank or Federal savings 
association that uses expanded total risk-weighted assets for purposes 
of Sec.  3.10(a)(5) may exclude the amount of an investment in a 
covered debt instrument under paragraph (c)(5)(iii) or (iv) of this 
section, as applicable.
    (ii) For a Category I national bank or Federal savings association 
or a Category II national bank or Federal savings association or a 
national bank or Federal savings association that uses expanded total 
risk-weighted assets for purposes of Sec.  3.10(a)(5), the amount to be 
deducted under this paragraph (c)(5) from a specific capital component 
is equal to:
    (A) The national bank's or Federal savings association's aggregate 
non-significant investments in the capital of an unconsolidated 
financial institution and, if applicable, any investments in a covered 
debt instrument subject to deduction under this paragraph (c)(5), 
exceeding the 10 percent threshold for non-significant investments, 
multiplied by
    (B) The ratio of the national bank's or Federal savings 
association's aggregate non-significant investments in the capital of 
an unconsolidated financial institution (in the form of such capital 
component) to the national bank's or Federal savings association's 
total non-significant investments in unconsolidated financial 
institutions, with an investment in a covered debt instrument being 
treated as tier 2 capital for this purpose.
    (iii) For purposes of applying the deduction under paragraph 
(c)(5)(i) of this section, a Category II national bank or Federal 
savings association, or a national bank or Federal savings association 
that uses expanded total risk-weighted assets for purposes of Sec.  
3.10(a)(5), may exclude from the deduction the amount of the national 
bank's or Federal savings association's gross long position, in 
accordance with Sec.  3.22(h)(2), in investments in covered debt 
instruments issued by financial institutions in which the national bank 
or Federal savings association does not have a significant investment 
in the capital of the unconsolidated financial institutions up to an 
amount equal to 5 percent of the sum of the national bank's or Federal 
savings association's common equity tier 1 capital elements minus all 
deductions from and adjustments to common equity tier 1 capital 
elements required under paragraphs (a) through (c)(3) of this section, 
net of associated DTLs in accordance with paragraph (e) of this 
section.
    (iv) Prior to applying the deduction under paragraph (c)(5)(i) of 
this section:
    (A) A Category I national bank or Federal savings association may 
designate any investment in a covered debt instrument as an excluded 
covered debt instrument, as defined in Sec.  3.2.
    (B) A Category I national bank or Federal savings association must 
deduct, according to the corresponding deduction approach in paragraph 
(c)(2) of this section, its gross long position, calculated in 
accordance with paragraph (h)(2) of this section, in a covered debt 
instrument that was originally designated as an excluded covered debt 
instrument, in accordance with paragraph (c)(5)(iv)(A) of this section, 
but no longer qualifies as an excluded covered debt instrument.
    (C) A Category I national bank or Federal savings association must 
deduct according to the corresponding deduction approach in paragraph 
(c)(2) of this section the amount of its gross long position, 
calculated in accordance with paragraph (h)(2) of this section, in a 
direct or indirect investment in a covered debt instrument that was 
originally designated as an excluded covered debt instrument, in 
accordance with paragraph (c)(5)(iv)(A) of this section, and has been 
held for more than thirty business days.
    (D) A Category I national bank or Federal savings association must 
deduct according to the corresponding deduction approach in paragraph 
(c)(2) of this section its gross long position, calculated in 
accordance with paragraph (h)(2) of this section, of its aggregate 
position in excluded covered debt instruments that exceeds 5 percent of 
the sum of the national bank's or Federal savings association 's common 
equity tier 1 capital elements minus all deductions from and 
adjustments to common equity tier 1 capital elements required under 
paragraphs (a) through (c)(3) of this section, net of associated DTLs 
in accordance with paragraph (e) of this section.
    (6) Significant investments in the capital of unconsolidated 
financial institutions that are not in the form of common stock. If a 
Category I national bank or Federal savings association, or a Category 
II national bank or Federal savings association, or a national bank or 
Federal savings association that uses expanded total risk-weighted 
assets for purposes of Sec.  3.10(a)(5) has a significant investment in 
the capital of an unconsolidated financial institution, the national 
bank or Federal savings association must deduct from capital any such 
investment issued by the unconsolidated financial institution that is 
held by the national bank or Federal savings association other than an 
investment in the form of common stock, as well as any investment in a 
covered debt instrument issued by the unconsolidated financial 
institution, by applying the corresponding deduction approach in 
paragraph (c)(2) of this section.\28\ The deductions described in this 
section are net of associated DTLs in accordance with paragraph (e) of 
this section. In addition, with the prior written approval of the OCC, 
for the period of time stipulated by the OCC, a Category I national 
bank or Federal savings association or a Category II national bank or 
Federal savings association or a national bank or Federal savings 
association that uses expanded total risk-weighted assets for purposes 
of Sec.  3.10(a)(5) that underwrites a failed underwriting is not 
required to deduct the significant investment in the capital of an 
unconsolidated financial institution or an investment in a covered debt 
instrument pursuant to this paragraph (c)(6) if such investment is 
related to such failed underwriting.
* * * * *
    (d) Certain DTAs subject to common equity tier 1 capital deduction 
thresholds.
    (1) A national bank or Federal savings association that is not a 
Category I national bank or Federal savings association, or a Category 
II national bank or Federal savings association, or a national bank or 
Federal savings association that uses expanded total risk-weighted 
assets for purposes of Sec.  3.10(a)(5) must make deductions from 
regulatory capital as described in this paragraph (d)(1).
* * * * *
    (2) A Category I national bank or Federal savings association, or a

[[Page 15285]]

Category II national bank or Federal savings association, or a national 
bank or Federal savings association that uses expanded total risk-
weighted assets for purposes of Sec.  3.10(a)(5) must make deductions 
from regulatory capital as described in this paragraph (d)(2).
    (i) A Category I national bank or Federal savings association, or a 
Category II national bank or Federal savings association, or a national 
bank or Federal savings association that uses expanded total risk-
weighted assets for purposes of Sec.  3.10(a)(5) must deduct from 
common equity tier 1 capital elements the amount of each of the items 
set forth in this paragraph (d)(2) that, individually, exceeds 10 
percent of the sum of the national bank's or Federal savings 
association's common equity tier 1 capital elements, less adjustments 
to and deductions from common equity tier 1 capital required under 
paragraphs (a) through (c) of this section (the 10 percent common 
equity tier 1 capital deduction threshold).
    (A) DTAs arising from temporary differences that the national bank 
or Federal savings association could not realize through net operating 
loss carrybacks, net of any related valuation allowances and net of 
DTLs, in accordance with paragraph (e) of this section. A Category I 
national bank or Federal savings association or a Category II national 
bank or Federal savings association or a national bank or Federal 
savings association that uses expanded total risk-weighted assets for 
purposes of Sec.  3.10(a)(5) is not required to deduct from the sum of 
its common equity tier 1 capital elements DTAs (net of any related 
valuation allowances and net of DTLs, in accordance with Sec.  3.22(e)) 
arising from timing differences that the national bank or Federal 
savings association could realize through net operating loss 
carrybacks. The national bank or Federal savings association must risk 
weight these assets at 100 percent. For a national bank or Federal 
savings association that is a member of a consolidated group for tax 
purposes, the amount of DTAs that could be realized through net 
operating loss carrybacks may not exceed the amount that the national 
bank or Federal savings association could reasonably expect to have 
refunded by its parent holding company.
    (B) Significant investments in the capital of unconsolidated 
financial institutions in the form of common stock, net of associated 
DTLs in accordance with paragraph (e) of this section.30 Significant 
investments in the capital of unconsolidated financial institutions in 
the form of common stock subject to the 10 percent common equity tier 1 
capital deduction threshold may be reduced by any goodwill embedded in 
the valuation of such investments deducted by the national bank or 
Federal savings association pursuant to paragraph (a)(1) of this 
section. In addition, with the prior written approval of the OCC, for 
the period of time stipulated by the OCC, a Category I national bank or 
Federal savings association, or a Category II national bank or Federal 
savings association, or a national bank or Federal savings association 
that uses expanded total risk-weighted assets for purposes of Sec.  
3.10(a)(5) that underwrites a failed underwriting is not required to 
deduct a significant investment in the capital of an unconsolidated 
financial institution in the form of common stock pursuant to this 
paragraph (d)(2) if such investment is related to such failed 
underwriting.
    (ii) A Category I national bank or Federal savings association, or 
a Category II national bank or Federal savings association, or a 
national bank or Federal savings association that uses expanded total 
risk-weighted assets for purposes of Sec.  3.10(a)(5) must deduct from 
common equity tier 1 capital elements the items listed in paragraph 
(d)(2)(i) of this section that are not deducted as a result of the 
application of the 10 percent common equity tier 1 capital deduction 
threshold, and that, in aggregate, exceed 17.65 percent of the sum of 
the national bank's or Federal savings association's common equity tier 
1 capital elements, minus adjustments to and deductions from common 
equity tier 1 capital required under paragraphs (a) through (c) of this 
section, minus the items listed in paragraph (d)(2)(i) of this section 
(the 15 percent common equity tier 1 capital deduction threshold). Any 
goodwill that has been deducted under paragraph (a)(1) of this section 
can be excluded from the significant investments in the capital of 
unconsolidated financial institutions in the form of common stock.\31\
    (iii) For purposes of calculating the amount of DTAs subject to the 
10 and 15 percent common equity tier 1 capital deduction thresholds, a 
Category I national bank or Federal savings association or a Category 
II national bank or Federal savings association or a national bank or 
Federal savings association that uses expanded total risk-weighted 
assets for purposes of Sec.  3.10(a)(5) may exclude DTAs and DTLs 
relating to adjustments made to common equity tier 1 capital under 
paragraph (b) of this section. A Category I national bank or Federal 
savings association or a Category II national bank or Federal savings 
association or a national bank or Federal savings association that uses 
expanded total risk-weighted assets for purposes of Sec.  3.10(a)(5) 
that elects to exclude DTAs relating to adjustments under paragraph (b) 
of this section also must exclude DTLs and must do so consistently in 
all future calculations. A Category I national bank or Federal savings 
association or a Category II national bank or Federal savings 
association or a national bank or Federal savings association that uses 
expanded total risk-weighted assets for purposes of Sec.  3.10(a)(5) 
may change its exclusion preference only after obtaining the prior 
approval of the OCC.
* * * * *
    (f) Insufficient amounts of a specific regulatory capital component 
to effect deductions. Under the corresponding deduction approach, if a 
national bank or Federal savings association does not have a sufficient 
amount of a specific component of capital to effect the full amount of 
any deduction from capital required under paragraph (d) of this 
section, the national bank or Federal savings association must deduct 
the shortfall amount from the next higher (that is, more subordinated) 
component of regulatory capital. Any investment by a Category I 
national bank or Federal savings association, or a Category II national 
bank or Federal savings association, or a national bank or Federal 
savings association that uses expanded total risk-weighted assets for 
purposes of Sec.  3.10(a)(5) in a covered debt instrument must be 
treated as an investment in the tier 2 capital for purposes of this 
paragraph (f). Notwithstanding any other provision of this section, a 
qualifying community banking organization (as defined in Sec.  3.12) 
that has elected to use the community bank leverage ratio framework 
pursuant to Sec.  3.12 is not required to deduct any shortfall of tier 
2 capital from its additional tier 1 capital or common equity tier 1 
capital.
    (g) Treatment of assets that are deducted. A national bank or 
Federal savings association must exclude from standardized total risk-
weighted assets and, as applicable, expanded total risk-weighted assets 
any item that is required to be deducted from regulatory capital.
* * * * *

Footnotes--3.22

* * * * *
    \23\ The national bank or Federal savings association must 
calculate amounts deducted under paragraphs (c) through (f) of this 
section after it calculates the amount of

[[Page 15286]]

AACL includable in tier 2 capital under Sec.  3.20(d)(3).
    \24\ With the prior written approval of the OCC, for the period 
of time stipulated by the OCC, a national bank or Federal savings 
association is not required to deduct a non-significant investment 
in the capital instrument of an unconsolidated financial institution 
or an investment in a covered debt instrument pursuant to this 
paragraph if the financial institution is in distress and if such 
investment is made for the purpose of providing financial support to 
the financial institution, as determined by the OCC.
    \25\ Any non-significant investments in the capital of an 
unconsolidated financial institution that is not required to be 
deducted under this paragraph (c)(4) or otherwise under this section 
must be assigned the appropriate risk weight under subparts D, E, or 
F of this part, as applicable.
    \26\ With the prior written approval of the OCC, for the period 
of time stipulated by the OCC, a Category I national bank or Federal 
savings association or a Category II national bank or Federal 
savings association or a national bank or Federal savings 
association that uses expanded total risk-weighted assets for 
purposes of Sec.  3.10(a)(5) is not required to deduct a non-
significant investment in the capital of an unconsolidated financial 
institution or an investment in a covered debt instrument pursuant 
to this paragraph if the financial institution is in distress and if 
such investment is made for the purpose of providing financial 
support to the financial institution, as determined by the OCC.
    \27\ Any non-significant investment in the capital of an 
unconsolidated financial institution or any investment in a covered 
debt instrument that is not required to be deducted under this 
paragraph (c)(5) or otherwise under this section must be assigned 
the appropriate risk weight under subparts D, E, or F of this part, 
as applicable.
    \28\ With prior written approval of the OCC, for the period of 
time stipulated by the OCC, a Category I national bank or Federal 
savings association or a Category II national bank or Federal 
savings association or a national bank or Federal savings 
association that uses expanded total risk-weighted assets for 
purposes of Sec.  3.10(a)(5) is not required to deduct a significant 
investment in the capital of an unconsolidated financial 
institution, including an investment in a covered debt instrument, 
under this paragraph (c)(6) or otherwise under this section if such 
investment is made for the purpose of providing financial support to 
the financial institution as determined by the OCC.
* * * * *
    \30\ With the prior written approval of the OCC, for the period 
of time stipulated by the OCC, a Category I national bank or Federal 
savings association or a Category II national bank or Federal 
savings association or a national bank or Federal savings 
association that uses expanded total risk-weighted assets for 
purposes of Sec.  3.10(a)(5) is not required to deduct a significant 
investment in the capital instrument of an unconsolidated financial 
institution in distress in the form of common stock pursuant to this 
section if such investment is made for the purpose of providing 
financial support to the financial institution as determined by the 
OCC.
    \31\ The amount of the items in paragraph (d)(2) of this section 
that is not deducted from common equity tier 1 capital pursuant to 
this section must be included in the risk-weighted assets of the 
Category I national bank or Federal savings association or the 
Category II national bank or Federal savings association or a 
national bank or Federal savings association that uses expanded 
total risk-weighted assets for purposes of Sec.  3.10(a)(5) and 
assigned the appropriate risk weight for the investment under 
subpart E of this part for purposes of expanded total risk-weighted 
assets.
* * * * *
0
13. In Sec.  3.30
0
a. Revise paragraph (a);
0
b. In paragraph (b), remove the words ``covered positions'' and add in 
their place the words ``market risk covered positions''.
    The revisions read as follows:


Sec.  3.30  Applicability.

    (a) This subpart sets forth methodologies for determining 
standardized total risk-weighted assets. This subpart applies to any 
national bank or Federal savings association that elects to use this 
subpart under Sec.  3.10(b).
* * * * *
0
14. In Sec.  3.34, revise paragraph (a) to read as follows:


Sec.  3.34  Derivative contracts.

    (a) Exposure amount for derivative contracts. A national bank or 
Federal savings association must use the current exposure methodology 
(CEM) described in paragraph (b) of this section to calculate the 
exposure amount for all its OTC derivative contracts, unless the 
national bank or Federal savings association makes the election 
provided in paragraph (a)(2) of this section.
    (2) A national bank or Federal savings association that is not 
subject to subpart E of this part may elect to calculate the exposure 
amount for all its OTC derivative contracts under the standardized 
approach for counterparty credit risk (SA-CCR) in Sec.  3.114 by 
notifying the OCC, rather than calculating the exposure amount for all 
its derivative contracts using CEM. A national bank or Federal savings 
association that elects under this paragraph (a)(1)(ii) to calculate 
the exposure amount for its OTC derivative contracts under SA-CCR must 
apply the treatment of cleared transactions under Sec.  3.116 to its 
derivative contracts that are cleared transactions and to all default 
fund contributions associated with such derivative contracts, rather 
than applying Sec.  3.35. A national bank or Federal savings 
association that is not subject to subpart E of this part must use the 
same methodology to calculate the exposure amount for all its 
derivative contracts and, if a national bank or Federal savings 
association has elected to use SA-CCR under this paragraph (a)(1)(ii), 
the national bank or Federal savings association may change its 
election only with prior approval of the OCC.
* * * * *
0
15. Revise Sec.  3.35(a)(3) to read as follows:


Sec.  3.35  Cleared transactions.

    (a) * * *
    (3) Alternate requirements. Notwithstanding any other provision of 
this section, a national bank or Federal savings association that has 
elected to use SA-CCR under Sec.  3.34(a), must apply Sec.  3.116 to 
its derivative contracts that are cleared transactions rather than this 
section.
* * * * *


Sec.  3.37  [Amended]

0
16. In Sec.  3.37, revise paragraph (c)(1) to read as follows:
    (c) Collateral haircut approach--(1) General. A national bank or 
Federal savings association may recognize the credit risk mitigation 
benefits of financial collateral that secures an eligible margin loan, 
repo-style transaction, collateralized derivative contract, or single-
product netting set of such transactions, and of any collateral that 
secures a repo-style transaction that is included in the national 
bank's or Federal savings association's measure for market risk under 
subpart F of this part by using the collateral haircut approach in this 
section. A national bank or Federal savings association may use the 
standard supervisory haircuts in paragraph (c)(3) of this section or, 
with prior written approval of the OCC, its own estimates of haircuts 
according to paragraph (c)(4) of this section.
* * * * *
0
17. Revise Sec.  3.61 to read as follows:


Sec.  3.61  Purpose and scope.

    Sections 3.61 through 3.63 of this subpart establish public 
disclosure requirements related to the capital requirements described 
in subpart B of this part for a national bank or Federal savings 
association with total consolidated assets of $50 billion or more as 
reported on the national bank's or Federal savings association's most 
recent year-end Call Report that is not a national bank or Federal 
savings association subject to subpart E of this part. A national bank 
or Federal savings association with total consolidated assets of $50 
billion or more as reported on the national bank's or Federal savings 
association's most recent year-

[[Page 15287]]

end Call Report that is not subject to subpart E of this part must 
comply with Sec.  3.62 unless it is a consolidated subsidiary of a bank 
holding company, savings and loan holding company, or depository 
institution that is subject to the disclosure requirements of Sec.  
3.62 or a subsidiary of a non-U.S. banking organization that is subject 
to comparable public disclosure requirements in its home jurisdiction. 
For purposes of this section, total consolidated assets are determined 
based on the average of the national bank's or Federal savings 
association's total consolidated assets in the four most recent 
quarters as reported on the Call Report or the average of the national 
bank or Federal savings association's total consolidated assets in the 
most recent consecutive quarters as reported quarterly on the national 
bank's or Federal savings association's Call Report if the national 
bank or Federal savings association has not filed such a report for 
each of the most recent four quarters.
0
18. In Sec.  3.63:
0
a. In Table 3, revise entry (c); and
0
b. Remove paragraphs (d) and (e);
    The revision reads as follows:


Sec.  3.63  Disclosures by national banks and Federal savings 
associations described in Sec.  3.61.

* * * * *
    Table 3 to Sec.  3.63--Capital Adequacy

                Table 3 to Sec.   3.63--Capital Adequacy
------------------------------------------------------------------------
 
------------------------------------------------------------------------
 
                              * * * * * * *
                                  (c)           Market risk-weighted
                                                 assets as calculated
                                                 under subpart F of this
                                                 part 3.
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *
0
19. Subparts E and F are amended as follows:

Subparts E and F [Amended]

0
a. Remove subparts E and F and replace with subparts E and F as set 
forth at the end of the common preamble;
0
b. Remove ``[AGENCY]'' and add ``OCC'' in its place wherever it 
appears;
0
c. Remove ``[BANKING ORGANIZATION]'' and add ``national bank or Federal 
savings association'' in its place wherever it appears;
0
d. Remove ``[BANKING ORGANIZATIONS]'' and add ``national banks or 
Federal savings associations'' in its place wherever it appears;
0
e. Remove ``[BANKING ORGANIZATION]'s'' and add ``national bank's or 
Federal savings association's'' in its place, wherever it appears;
0
f. Remove ``[REAL ESTATE LENDING GUIDELINES]'' and add ``12 CFR part 
34, appendix A to subpart D'' in its place wherever it appears; and
0
g. Remove ``[APPRAISAL RULE]'' and add ``12 CFR part 34, subpart C'' in 
its place wherever it appears.
0
20. In Sec.  3.111:
0
a. Remove paragraph (j)(1)(i);
0
b. Redesignate paragraph (j)(1)(ii) as paragraph (j)(1); and
0
c. Remove paragraph (k).
0
21. In Sec.  3.300:
0
a. Revise paragraph (a);
0
b. Remove paragraphs (b), (c), and (d);
0
c. Redesignate paragraph (e) as paragraph (b); and
0
d. Remove paragraphs (f), (g), and (h).
    The revision reads as follows:


Sec.  3.300  Transitions.

    (a) Transition adjustments for AOCI. Beginning [January 1, 2027], a 
national bank or Federal savings association that uses expanded total 
risk-weighted assets for purposes of Sec.  3.10(a)(5) that had made an 
AOCI opt-out election under Sec.  3.22(b)(2) effective [December 31, 
2026] must subtract from the sum of its common equity tier 1 elements, 
before making deductions required under Sec.  3.22(c) or (d), the AOCI 
adjustment amount multiplied by the percentage provided in Table 1 to 
Sec.  3.300.
    The transition AOCI adjustment amount is the sum of:
    (1) Net unrealized gains or losses on available-for-sale debt 
securities, plus
    (2) Accumulated net gains or losses on cash flow hedges, plus
    (3) Any amounts recorded in AOCI attributed to defined benefit 
postretirement plans resulting from the initial and subsequent 
application of the relevant GAAP standards that pertain to such plans, 
plus
    (4) Net unrealized holding gains or losses on held-to-maturity 
securities that are included in AOCI.

                                             Table 1 to Sec.   3.300
----------------------------------------------------------------------------------------------------------------
                                           Transition AOCI adjustment
-----------------------------------------------------------------------------------------------------------------
                                                                       Percentage applicable to transition  AOCI
                          Transition period                                        adjustment amount
----------------------------------------------------------------------------------------------------------------
January 1, 2027 to December 31, 2027.................................                                        100
January 1, 2028 to December 31, 2028.................................                                         80
January 1, 2029 to December 31, 2029.................................                                         60
January 1, 2030 to December 31, 2030.................................                                         40
January 1, 2031 to December 31, 2031.................................                                         20
January 1, 2032 and thereafter.......................................                                          0
----------------------------------------------------------------------------------------------------------------

* * * * *
0
22. Remove and reserve Sec.  3.301
0
23. In Sec.  3.302, remove the words ``advanced approaches total risk-
weighted assets'' and add in their place the words ``expanded total 
risk-weighted assets''.
0
24. Remove and reserve Sec. Sec.  3.303 and 3.304.
0
25. In Sec.  3.305, remove the words ``advanced approaches total risk-
weighted assets'' and add in their place the words ``expanded total 
risk-weighted assets''.

[[Page 15288]]

PART 6--PROMPT CORRECTIVE ACTION

0
26. The authority citation for part 6 continues to read as follows:

    Authority:  12 U.S.C. 93a, 1831o, 5412(b)(2)(B).

0
27. In Sec.  6.2:
0
a. Remove the definition for ``Advanced approaches national bank or 
advanced approaches Federal savings association'';
0
b. Add, in alphabetical order, the definition for Category I national 
bank or Federal savings association;
0
c. Add, in alphabetical order, the definition for Category II national 
bank or Federal savings association;
0
d. Add, in alphabetical order, the definition for Category III national 
bank or Federal savings association;
0
e. Add, in alphabetical order, the definition for ``National bank or 
Federal savings association subject to part 3, subpart E of this 
chapter''; and
0
f. Revise the definition for ``Total risk-weighted assets''.
    The addition and revision read as follows:


Sec.  6.2   Definitions.

* * * * *
    Category I national bank or Federal savings association means a 
bank that is a Category I Board-regulated institution as defined in 12 
CFR 3.2.
    Category II national bank or Federal savings association means a 
bank that is a Category II Board-regulated institution as defined in 12 
CFR 3.2.
    Category III national bank or Federal savings association means a 
bank that is a Category III Board-regulated institution as defined in 
12 CFR 3.2.
* * * * *
    National bank or Federal savings association subject to part 3, 
subpart E of this chapter means a bank that is subject to part 3, 
subpart E of this chapter.
* * * * *
    Total risk-weighted assets means standardized total risk-weighted 
assets, and for a national bank or Federal savings association subject 
to part 3, subpart E of this chapter, also includes expanded risk-
weighted assets, as defined in Sec.  3.2 of this chapter.
* * * * *
0
28. In Sec.  6.4, revise paragraphs (a)(1)(iv)(B), (b)(2)(iv)(B), and 
(b)(3)(iv)(B) to read as follows:


Sec.  6.4  Capital measures and capital categories.

    (a) * * *
    (1) * * *
    (iv) * * *
    (B) With respect to a Category I national bank or Federal savings 
association or a Category II national bank or Federal savings 
association; and
* * * * *
    (b) * * *
    (2) * * *
    (iv) * * *
    (B) With respect to a Category I national bank or Federal savings 
association, a Category II national bank or Federal savings 
association, or a Category III national bank or Federal savings 
association, the national bank or Federal savings association has a 
supplementary leverage ratio of 3.0 percent or greater;
* * * * *
    (3) * * *
    (iv) * * *
    (B) With respect to a Category I national bank or Federal savings 
association, a Category II national bank or Federal savings 
association, or a Category III national bank or Federal savings 
association, the national bank or Federal savings association has a 
supplementary leverage ratio of less than 3.0 percent.
* * * * *

PART 32--LENDING LIMITS

0
29. The authority citation for part 32 continues to read as follows:

    Authority: 12 U.S.C. 1 et seq., 12 U.S.C. 84, 93a, 1462a, 1463, 
1464(u), 5412(b)(2)(B), and 15 U.S.C. 1639h.
0
30. In Sec.  32.2, remove the designations for paragraphs (a) through 
(ee) and arrange the definitions in alphabetical order and in the 
definition for ``Eligible credit derivative'', revise paragraph (1).
    The revision reads as follows:


Sec.  32.2  Definitions

* * * * *
    Eligible credit derivative * * *
    (1) The derivative contract meets the requirements of paragraphs 
(1) through (9) of an eligible guarantee, as defined in Sec.  3.2 of 
this chapter, and has been confirmed by the protection purchaser and 
the protection provider;
* * * * *

Board of Governors of the Federal Reserve System

12 CFR Chapter II

Authority and Issuance

    For the reasons set forth in the common preamble, the Board of 
Governors of the Federal Reserve System proposes to amend chapter II of 
title 12 of the Code of Federal Regulations as follows:

PART 208--MEMBERSHIP OF STATE BANKING INSTITUTIONS IN THE FEDERAL 
RESERVE SYSTEM (REGULATION H)

0
31. 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, 1817(a)(3), 
1817(a)(12), 1818, 1820(d)(9), 1833(j), 1828(o), 1831, 1831o, 1831p-
1, 1831r-1, 1831w, 1831x, 1835a, 1882, 2901-2907, 3105, 3310, 3331-
3351, 3905-3909, 5371, and 5371 note; 15 U.S.C. 78b, 78I(b), 78l(i), 
78o-4(c)(5), 78q, 78q-1, 78w, 1681s, 1681w, 6801, and 6805; 31 
U.S.C. 5318; 42 U.S.C. 4012a, 4104a, 4104b, 4106, and 4128.

Subpart D--Prompt Corrective Action

0
32. Revise Sec.  208.41 to read as follows:


Sec.  208.41  Definitions for purposes of this subpart.

    For purposes of this subpart, except as modified in this section or 
unless the context otherwise requires, the terms used have the same 
meanings as set forth in section 38 and section 3 of the FDI Act. As 
used in this subpart:
    Bank means an insured depository institution as defined in section 
3 of the FDI Act (12 U.S.C. 1813).
    Category I bank means a bank that is a Category I Board-regulated 
institution as defined in 12 CFR 217.2.
    Category II bank means a bank that is a Category II Board-regulated 
institution as defined in 12 CFR 217.2.
    Category III bank means a bank that is a Category III Board-
regulated institution as defined in 12 CFR 217.2.
    Common equity tier 1 capital means the amount of capital as defined 
in Sec.  217.2 of this chapter.
    Common equity tier 1 risk-based capital ratio means the ratio of 
common equity tier 1 capital to total risk-weighted assets, as 
calculated in accordance with Sec.  217.10(b) or Sec.  217.10(d) of 
this chapter, as applicable.
    Control--(1) Control has the same meaning assigned to it in section 
2 of the Bank Holding Company Act (12 U.S.C. 1841), and the term 
controlled shall be construed consistently with the term control.
    (2) Exclusion for fiduciary ownership. No insured depository 
institution or company controls another insured depository institution 
or company by virtue of its ownership or control of shares in a 
fiduciary capacity. Shares shall not be deemed to have been acquired in 
a fiduciary capacity if the acquiring insured depository institution or 
company has sole discretionary authority to exercise voting rights with 
respect to the shares.

[[Page 15289]]

    (3) Exclusion for debts previously contracted. No insured 
depository institution or company controls another insured depository 
institution or company by virtue of its ownership or control of shares 
acquired in securing or collecting a debt previously contracted in good 
faith, until two years after the date of acquisition. The two-year 
period may be extended at the discretion of the appropriate Federal 
banking agency for up to three one-year periods.
    Controlling person means any person having control of an insured 
depository institution and any company controlled by that person.
    Global systemically important BHC has the same meaning as in Sec.  
217.2 of this chapter.
    Leverage ratio means the ratio of tier 1 capital to average total 
consolidated assets, as calculated in accordance with Sec.  217.10 of 
this chapter.
    Management fee means any payment of money or provision of any other 
thing of value to a company or individual for the provision of 
management services or advice to the bank, or related overhead 
expenses, including payments related to supervisory, executive, 
managerial, or policy making functions, other than compensation to an 
individual in the individual's capacity as an officer or employee of 
the bank.
    Supplementary leverage ratio means the ratio of tier 1 capital to 
total leverage exposure, as calculated in accordance with Sec.  217.10 
of this chapter.
    Tangible equity means the amount of tier 1 capital, plus the amount 
of outstanding perpetual preferred stock (including related surplus) 
not included in tier 1 capital.
    Tier 1 capital means the amount of capital as defined in Sec.  
217.20 of this chapter.
    Tier 1 risk-based capital ratio means the ratio of tier 1 capital 
to total risk-weighted assets, as calculated in accordance with Sec.  
217.10(b) or Sec.  217.10(d) of this chapter, as applicable.
    Total assets means quarterly average total assets as reported in a 
bank's Call Report, minus items deducted from tier 1 capital. At its 
discretion the Federal Reserve may calculate total assets using a 
bank's period-end assets rather than quarterly average assets.
    Total leverage exposure means the total leverage exposure as 
defined in Sec.  217.10(c)(2) of this chapter.
    Total risk-based capital ratio means the ratio of total capital to 
total risk-weighted assets, as calculated in accordance with Sec.  
217.10(b) or Sec.  217.10(d) of this chapter, as applicable.
    Total risk-weighted assets means standardized total risk-weighted 
assets or expanded total risk-weighted assets, each as defined in Sec.  
217.2 of this chapter.

Subpart D [Amended]

0
33. In Sec.  208.43, remove the words ``an advanced approaches bank or 
bank that is a Category III Board-regulated institution (as defined in 
Sec.  217.2 of this chapter)'' wherever they appear and add in their 
place the words ``a Category I bank, Category II bank, or Category III 
bank.''

Subpart G--Financial Subsidiaries of State Member Banks

0
34. In Sec.  208.73:
0
a. Revise paragraph (a) introductory text;
0
b. Remove paragraph (b); and
0
c. Redesignate paragraphs (c) through (f) as (b) through (e), 
respectively.
    The revision reads as follows:


Sec.  208.73  What additional provisions are applicable to state member 
banks with financial subsidiaries?

    (a) Capital requirements. A state member bank that controls or 
holds an interest in a financial subsidiary must comply with the rules 
set forth in Sec.  217.22(a)(7) of Regulation Q (12 CFR 217.22(a)(7)) 
in determining its compliance with applicable regulatory capital 
standards (including the well capitalized standard of Sec.  
208.71(a)(1)).
* * * * *
0
35. In Appendix C, revise footnote 2 to read as follows:

Appendix C to Part 208--Interagency Guidelines for Real Estate Lending 
Policies

* * * * *
    \2 \ The term ``total capital'' refers to that term as defined 
in 12 CFR part 3, 12 CFR part 217, or 12 CFR part 324, as 
applicable.

PART 217--CAPITAL ADEQUACY OF BANK HOLDING COMPANIES, SAVINGS AND 
LOAN HOLDING COMPANIES, AND STATE MEMBER BANKS (REGULATION Q)

0
36. The authority citation for part 217 reads as follows:

    Authority:  12 U.S.C. 248(a), 321-338a, 481-486, 1462a, 1467a, 
1818, 1828, 1831n, 1831o, 1831p-1, 1831w, 1835, 1844(b), 1851, 3904, 
3906-3909, 4808, 5365, 5368, 5371, and 5371 note, and sec. 4012, 
Pub. L. 116-136, 134 Stat. 281.
0
37. Revise subparts E and F of part 217 as set forth at the end of the 
common preamble.
0
38. In part 217, subparts E and F:
0
a. Remove ``[AGENCY]'' and add ``Board'' in its place wherever it 
appears;
0
b. Remove ``[BANKING ORGANIZATION]'' and add ``Board-regulated 
institution'' in its place wherever it appears; and
0
c. Remove ``__.'' and add ``217.'' in its place wherever it appears.

Subpart A--General Provisions

0
39. In Sec.  217.1:
0
a. Revise paragraph (c)(4);
0
b. Add paragraph (c)(6);
0
c. Revise paragraphs (e) and (f); and
0
d. Add paragraph (h).
    The addition and revision read as follows:


Sec.  217.1   Purpose, applicability, reservations of authority, and 
timing.

* * * * *
    (c) * * *
    (4) Risk-weighted assets. Each Board-regulated institution must 
calculate either standardized total risk-weighted assets or expanded 
total risk-weighted assets, as necessary to satisfy the requirements of 
Sec.  217.10(b) or (d), as applicable.
* * * * *
    (6) Transitions. Notwithstanding any other provision of this part, 
a Board-regulated institution must make any adjustments provided in 
subpart G of this part for purposes of implementing this part.
* * * * *
    (e) Notice and response procedures. In making a determination under 
this part, unless more specifically provided for, the Board will apply 
notice and response procedures in the same manner and to the same 
extent as the notice and response procedures in 12 CFR 263.202.
    (f) Timing. A Board-regulated institution that changes from one 
category of Board-regulated institution to another of such categories, 
or that changes from having no category of Board-regulated institution 
to having a such category, must comply with the requirements of its 
category in this part, including applicable transition provisions of 
the requirements in this part, no later than on the first day of the 
second quarter following the change in the company's category.
* * * * *
    (h) Severability. If any provision of this part, or the application 
thereof to any person or circumstances, is held invalid, such 
invalidity shall not affect the validity of other provisions or the 
application of such provision to other persons or circumstances that 
can be

[[Page 15290]]

given effect without the invalid provision or application.
* * * * *
0
40. In Sec.  217.2:
0
a. Revise the definition of ``Adjusted allowances for credit losses 
(AACL)'';
0
b. Remove the definitions for ``Advanced approaches Board-regulated 
institution'', ``Advanced approaches total risk-weighted assets'', and 
``Advanced market risk-weighted assets'';
0
c. Remove the definition of ``Allowances for loan and lease losses 
(ALLL)'';
0
d. Revise the definition for ``Carrying value'';
0
e. Add, in alphabetical order, the definition for ``Category I Board-
regulated institution'';
0
f. In the definition for ``Category II Board-regulated institution'':
0
i. Remove paragraph (3);
0
ii. Redesignate paragraph (4) as paragraph (3);
0
iii. Revise newly redesignated paragraph (3)(i);
0
iv. In newly redesignated paragraph (3)(iii) introductory text, remove 
the words ``paragraph (4)(i) of this section'' and add, in their place, 
the words ``paragraph (3)(ii) of this definition'';
0
g. In the definition of ``Category III Board-regulated institution'':
0
i. Remove paragraph (3);
0
ii. Redesignate paragraph (4) as paragraph (3);
0
iii. Revise newly redesignated paragraph (3) introductory text;
0
iv. Revise newly redesignated paragraph (3)(i); and
0
vi. In newly redesignated paragraph (3)(iv) introductory text, remove 
the words ``paragraph (4)(ii) of this definition'' and add, in their 
place, the words ``paragraph (3)(ii) of this definition'';
0
h. Add, in alphabetical order, the definition for ``Category IV Board-
regulated institution'';
0
i. Revise footnote 3 to paragraph (2) of the definition for ``Cleared 
transaction.''
0
j. Revise the definition for ``Commitment'';
0
k. Revise the definition for ``Corporate exposure'';
0
l. Remove the definition for ``Credit-risk-weighted assets'';
0
m. Add, in alphabetical order, the definitions for ``CVA risk-weighted 
assets'' and ``Dependent on the cash flows generated by the real 
estate'';
0
n. Revise the definitions for ``Effective notional amount'' and 
``Eligible clean-up call'';
0
o. Remove the definition for ``Eligible credit reserves'';
0
p. Revise the definition for ``Eligible guarantee'';
0
q. Add, in alphabetical order, the definitions for ``Eligible prepaid 
credit protection arrangement'' and ``Expanded total risk-weighted 
assets'';
0
r. Remove the definition for ``Expected credit loss (ECL)'';
0
s. Revise the definition for ``Exposure amount'';
0
t. Revise paragraph (4)(i)(A) in the definition of ``Financial 
institution'';
0
u. Revise the definition of ``Market risk Board-regulated 
institution'';
0
v. Add, in alphabetical order, the definition for ``Market risk-
weighted assets'';
0
w. Revise the definitions for ``Net independent collateral amount'' and 
``Netting set'';
0
x. Add, in alphabetical order, the definitions for ``Non-performing 
loan securitization (NPL securitization)'' and ``Nonrefundable purchase 
price discount (NRPPD)'';
0
y. Revise the definition for ``Non-significant investment in the 
capital of an unconsolidated financial institution'';
0
z. Add, in alphabetical order, the definition for ``Prepaid credit 
protection arrangement'';
0
aa. Revise the definition for ``Protection amount (P)'';
0
bb. Add, in alphabetical order, the definition for ``Qualifying Cross 
Product Master Netting Agreement'';
0
cc. Revise paragraphs (3) and (4) of the definition for ``Qualifying 
master netting agreement'';
0
dd. In the definition of ``Residential mortgage exposure'':
0
i. Remove paragraph (2);
0
ii. Redesignate paragraphs (1)(i) and (1)(ii) as paragraphs (1) and 
(2), respectively; and
0
iii. In newly redesignated paragraph (2), remove the words ``family; 
and'' and add, in their place, the word ``family.'';
0
ee. Remove the definition for ``Securitization special purpose entity 
(securitization SPE)'';
0
ff. Revise the definition for ``Significant investment in the capital 
of an unconsolidated financial institution'';
0
gg. Remove the definition for ``Specific wrong-way risk'';
0
hh. Add, in alphabetical order, the definition for ``Specified 
supranational entity'';
0
ii. Revise the definitions for ``Speculative grade'', ``Standardized 
market risk-weighted assets'', ``Standardized total risk-weighted 
assets'' and ``Sub-speculative grade'';
0
jj. Add, in alphabetical order, the definition for ``Synthetic excess 
spread'';
0
kk. Revise the definition for ``Synthetic securitization'';
0
ll. Add, in alphabetical order, the definition for ``Total credit risk-
weighted assets'';
0
mm. Revise the definition for ``Traditional securitization'';
0
nn. Remove the definition for ``Value-at-risk (VaR)'';
0
oo. Revise the definition for ``Variation margin amount''; and
0
pp. Remove the definition of ``Unconditionally cancelable''.
    The additions and revisions read as follows:


Sec.  217.2  Definitions.

* * * * *
    Adjusted allowances for credit losses (AACL) means valuation 
allowances that have been established through a charge against earnings 
or retained earnings for expected credit losses on financial assets 
measured at amortized cost and a lessor's net investment in leases that 
have been established to reduce the amortized cost basis of the assets 
to amounts expected to be collected as determined in accordance with 
GAAP. For purposes of this part, adjusted allowances for credit losses 
include allowances for expected credit losses on off-balance sheet 
credit exposures not accounted for as insurance as determined in 
accordance with GAAP. Adjusted allowances for credit losses exclude 
allocated transfer risk reserves and allowances created that reflect 
credit losses on purchased credit deteriorated assets, purchased 
seasoned loans, assets required to record an allowance for credit 
losses through a gross-up adjustment to the purchase price of the 
asset, and available-for-sale debt securities.
* * * * *
    Carrying value means, with respect to an asset, the value of the 
asset on the balance sheet of the Board-regulated institution as 
determined in accordance with GAAP. For all assets other than 
available-for-sale debt securities, purchased credit deteriorated 
assets, purchased seasoned loans, or assets required to record an 
allowance for credit losses through a gross-up adjustment to the 
purchase price of the asset, the carrying value is not reduced by any 
associated credit loss allowance that is determined in accordance with 
GAAP.
    Category I Board-regulated institution means:
    (1) A global systemically important BHC; or
    (2) A state member bank that is a subsidiary of a global 
systemically important BHC.
* * * * *

[[Page 15291]]

    Category II Board-regulated institution means:
* * * * *
    (3) * * *
    (i) Is a subsidiary of a Category II banking organization, as 
defined pursuant to Sec.  252.5 of this chapter or Sec.  238.10 of this 
chapter, as applicable; or
* * * * *
    Category III Board-regulated institution means:
* * * * *
    (3) A state member bank that is not a Category II Board-regulated 
institution and that:
    (i) Is a subsidiary of a Category III banking organization, as 
defined pursuant to Sec.  252.5 of this chapter or Sec.  238.10 of this 
chapter, as applicable; or
* * * * *
    Category IV Board-regulated institution means:
    (1) A depository institution holding company that is identified as 
a Category IV banking organization pursuant to Sec.  252.5 of this 
chapter or Sec.  238.10 of this chapter, as applicable;
    (2) A U.S. intermediate holding company that is identified as a 
Category IV banking organization pursuant to Sec.  252.5 of this 
chapter;
    (3) A state member bank that is not a Category II Board-regulated 
institution or Category III Board-regulated institution and that:
    (i) Is a subsidiary of a Category IV banking organization, as 
defined pursuant to Sec.  252.5 of this chapter or Sec.  238.10 of this 
chapter, as applicable; or
    (ii) Has total consolidated assets, calculated based on the average 
of the depository institution's total consolidated assets for the four 
most recent calendar quarters as reported on the Call Report of $100 
billion or more. If the depository institution has not filed the Call 
Report for each of the four most recent calendar quarters, total 
consolidated assets is calculated based on its total consolidated 
assets, as reported on the Call Report, for the most recent quarter or 
the average of the most recent consecutive quarters, as applicable.
    (iii) After meeting the criterion in paragraph (3)(ii) of this 
definition, a state member bank continues to be a Category IV Board-
regulated institution until the state member bank:
    (A) Has less than $100 billion in total consolidated assets, as 
reported on the Call Report, for each of the four most recent calendar 
quarters; or
    (B) Is a Category II or Category III Board-regulated institution.
* * * * *
    Cleared transaction * * *
    (2) * * *3

    \3\ For the standardized approach treatment of these exposures, 
see Sec.  217.34(e) (OTC derivative contracts) or Sec.  217.37(c) 
(repo-style transactions). For the expanded risk-based treatment of 
these exposures, see Sec.  217.113.

* * * * *
    Commitment means a contractual arrangement, under which a Board-
regulated institution and an obligor agree to terms applicable to one 
or more future extensions of credit, purchases of assets, or issuances 
of credit substitutes by the Board-regulated institution, whether or 
not such arrangement is unconditionally cancelable. A commitment is 
unconditionally cancelable if, by its terms, it either: (a) provides 
that a Board-regulated institution is not obligated to extend credit, 
purchase assets, or issue credit substitutes; or (b) permits a Board-
regulated institution, at any time, with or without cause, to refuse to 
extend credit, purchase assets, or issue credit substitutes under the 
arrangement (to the extent permitted under applicable law).
* * * * *
    Corporate exposure means an exposure to a company that is not:
    (1) An exposure to a sovereign, a specified supranational entity, a 
multi-lateral development bank (MDB), a depository institution, a 
foreign bank, or a credit union, a public sector entity (PSE);
    (2) An exposure to a government-sponsored enterprise (GSE);
    (3) For purposes of subpart D of this part, a residential mortgage 
exposure;
    (4) A pre-sold construction loan;
    (5) A statutory multifamily mortgage;
    (6) A high volatility commercial real estate (HVCRE) exposure;
    (7) A cleared transaction;
    (8) A default fund contribution;
    (9) A securitization exposure;
    (10) An equity exposure;
    (11) An unsettled transaction;
    (12) A policy loan;
    (13) A separate account;
    (14) A Paycheck Protection Program covered loan as defined in 
section 7(a)(36) or (37) of the Small Business Act (15 U.S.C. 
636(a)(36)-(37));
    (15) For purposes of subpart E of this part, a real estate 
exposure, as defined in Sec.  217.101; or
    (16) For purposes of subpart E of this part, a retail exposure as 
defined in Sec.  217.101.
* * * * *
    CVA risk-weighted assets means the measure for CVA risk calculated 
under Sec.  217.221(a) multiplied by 12.5.
* * * * *
    Dependent on the cash flows generated by the real estate means, for 
a real estate exposure, the underwriting, at the time of origination, 
includes the cash flows generated by lease, rental, or sale of the real 
estate securing the loan as a source of repayment. For purposes of this 
definition, a residential mortgage exposure that is secured by the 
borrower's principal residence is deemed not dependent on the cash 
flows generated by the real estate.
* * * * *
    Effective notional amount means for an eligible guarantee, eligible 
credit derivative, or eligible prepaid credit protection arrangement, 
the lesser of the contractual notional amount of the credit risk 
mitigant and the exposure amount of the hedged exposure, multiplied by 
the percentage coverage of the credit risk mitigant.
* * * * *
    Eligible clean-up call means a clean-up call that:
    (1) Is exercisable solely at the discretion of the originating 
Board-regulated institution or servicer;
    (2) Is not structured to avoid allocating losses to securitization 
exposures held by investors or otherwise structured to provide credit 
enhancement to the securitization; and
    (3) Is only exercisable:
    (i) For a traditional securitization, when 10 percent or less of 
the principal amount of the underlying exposures or securitization 
exposures (determined as of the inception of the securitization) is 
outstanding;
    (ii) For a synthetic securitization, when 10 percent or less of the 
principal amount of the reference portfolio of underlying exposures 
(determined as of the inception of the securitization) is outstanding;
    (iii) Upon the occurrence of a regulatory event that significantly 
changes the risk-weighted asset amount for the securitization exposure 
under this part; or
    (iv) Upon the occurrence of a tax event that significantly changes 
the tax treatment of the securitization exposure under applicable tax 
laws.
* * * * *
    Eligible guarantee means a guarantee that:
    (1) Is written;
    (2) Is either:
    (i) Unconditional, or
    (ii) A contingent obligation of the U.S. government or its 
agencies, the enforceability of which is dependent

[[Page 15292]]

upon some affirmative action on the part of the beneficiary of the 
guarantee or a third party (for example, meeting servicing 
requirements);
    (3) Covers all or a pro rata portion of all contractual payments of 
the obligated party on the reference exposure;
    (4) Gives the beneficiary a direct claim against the protection 
provider;
    (5) Is not unilaterally cancelable by the protection provider for 
reasons other than the breach of the contract by the beneficiary;
    (6) Except for a guarantee by a sovereign, is legally enforceable 
against the protection provider in a jurisdiction where the protection 
provider has sufficient assets against which a judgment may be attached 
and enforced;
    (7) Requires the protection provider to make payment to the 
beneficiary on the occurrence of a default (as defined in the 
guarantee) of the obligated party on the reference exposure in a timely 
manner without the beneficiary first having to take legal actions to 
pursue the obligor for payment;
    (8) Does not increase the beneficiary's cost of credit protection 
on the guarantee in response to deterioration in the credit quality of 
the reference exposure;
    (9) Is not provided by an affiliate of the Board-regulated 
institution, unless the affiliate is an insured depository institution, 
foreign bank, securities broker or dealer, or insurance company that:
    (i) Does not control the Board-regulated institution; and
    (ii) Is subject to consolidated supervision and regulation 
comparable to that imposed on depository institutions, U.S. securities 
broker-dealers, or U.S. insurance companies (as the case may be); and
    (10) Is provided by an eligible guarantor.
* * * * *
    Eligible prepaid credit protection arrangement means a prepaid 
credit protection arrangement that:
    (1) Is written;
    (2) Is unconditional;
    (3) Covers all or a pro rata portion of all contractual payments 
due to be paid on the reference exposure or reference exposures;
    (4) Provides that the amount and timing of payments due from the 
protection purchaser to the protection provider are incorporated into 
the arrangement and the arrangement only allows these terms to change 
in the event of a breach of the arrangement by the protection 
purchaser;
    (5) Provides that entry of the protection provider into 
receivership, insolvency, liquidation, conservatorship, or similar 
proceeding does not change the amounts or timing of payments due to be 
paid by the protection purchaser under the arrangement;
    (6) Is legally valid and enforceable under applicable law of the 
relevant jurisdictions;
    (7) Upon a failure by the obligor on the one or more reference 
exposures to make a contractually required payment, or the occurrence 
of other credit events as described in the arrangement, allows the 
protection purchaser promptly to reduce the outstanding balance of the 
initial principal amount due to the protection provider by the loss of 
the protection purchaser on the reference exposures without input from 
the protection provider; and
    (8) Does not increase the protection purchaser's cost of credit 
protection in response to deterioration in the credit quality of any of 
the reference exposures.
* * * * *
    Expanded total risk-weighted assets means the sum of:
    (1) Total credit risk-weighted assets;
    (2) Total risk-weighted assets for equity exposures as calculated 
under Sec.  217.141 and 217.142;
    (3) Risk-weighted assets for operational risk as calculated under 
Sec.  217.150;
    (4) Market risk-weighted assets, if applicable; and
    (5) CVA risk-weighted assets, if applicable; minus
    (6) Any amount of the Board-regulated institution's adjusted 
allowance for credit losses that is not included in tier 2 capital and 
any amount of allocated transfer risk reserves.
* * * * *
    Exposure amount means:
    (1) For the on-balance sheet component of an exposure (other than 
an available-for-sale or held-to-maturity security, if the Board-
regulated institution has made an AOCI opt-out election (as defined in 
Sec.  217.22(b)(2)); a derivative contract; a repo-style transaction or 
an eligible margin loan for which the Board-regulated institution 
determines the exposure amount under Sec.  217.37, Sec. Sec.  217.113 
through 217.115, or Sec.  217.121, as applicable; a cleared 
transaction; a default fund contribution; or a securitization 
exposure), the Board-regulated institution's carrying value of the 
exposure.
    (2) For a security (that is not a securitization exposure, equity 
exposure, or preferred stock classified as an equity security under 
GAAP) classified as available-for-sale or held-to-maturity if the 
Board-regulated institution has made an AOCI opt-out election (as 
defined in Sec.  217.22(b)(2)), the Board-regulated institution's 
carrying value (including net accrued but unpaid interest and fees) for 
the exposure less any net unrealized gains on the exposure and plus any 
net unrealized losses on the exposure.
    (3) For available-for-sale preferred stock classified as an equity 
security under GAAP if the Board-regulated institution has made an AOCI 
opt-out election (as defined in Sec.  217.22(b)(2)), the Board-
regulated institution's carrying value of the exposure less any net 
unrealized gains on the exposure that are reflected in such carrying 
value but excluded from the Board-regulated institution's regulatory 
capital components.
    (4) For the off-balance sheet component of an exposure (other than 
a derivative contract; a repo-style transaction or an eligible margin 
loan for which the Board-regulated institution calculates the exposure 
amount under Sec.  217.37 or Sec.  217.121, as applicable; a cleared 
transaction; a default fund contribution; or a securitization 
exposure), the notional amount of the off-balance sheet component 
multiplied by the appropriate credit conversion factor (CCF) in Sec.  
217.33 or Sec.  217.112, as applicable.
    (5) For an exposure that is a derivative contract (other than a 
cleared transaction), the exposure amount determined under Sec.  217.34 
or Sec. Sec.  217.113 through 217.114, as applicable.
    (6) For an exposure that is a cleared transaction, the exposure 
amount determined under Sec.  217.35 or Sec.  217.116, as applicable.
    (7) For an exposure that is an eligible margin loan or repo-style 
transaction (other than a cleared transaction) for which the bank 
calculates the exposure amount as provided in Sec.  217.37 or 
Sec. Sec.  217.113 through 217.115, as applicable, the exposure amount 
determined under Sec.  217.37 or Sec. Sec.  217.113 through 217.115, as 
applicable.
    (8) For an exposure that is a securitization exposure, the exposure 
amount determined under Sec.  217.42 or Sec.  217.131, as applicable.
* * * * *
    Financial institution means:
* * * * *
    (4) * * *
    (i) * * *
    (A) An investment in GAAP equity instruments of the company with an

[[Page 15293]]

adjusted carrying value or exposure amount equal to or greater than $10 
million, as adjusted pursuant to Sec.  217.4; or
* * * * *
    Market risk Board-regulated institution means a Board-regulated 
institution that is described in Sec.  217.201(b)(1).
    Market risk-weighted assets means the measure for market risk 
calculated pursuant to Sec.  217.204(a) multiplied by 12.5.
* * * * *
    Net independent collateral amount means the fair value amount of 
the independent collateral, as adjusted by the haircuts under Sec.  
217.121(c)(2)(iii), as applicable, that a counterparty to a netting set 
has posted to a Board-regulated institution less the fair value amount 
of the independent collateral, as adjusted by the haircuts under Sec.  
217.121(c)(2)(iii), as applicable, posted by the Board-regulated 
institution to the counterparty, excluding such amounts held in a 
bankruptcy-remote manner or posted to a QCCP and held in conformance 
with the operational requirements in Sec.  217.3.
    Netting set means a group of transactions with a single 
counterparty that are subject to a qualifying master netting agreement. 
For derivative contracts, netting set also includes a single derivative 
contract between a Board-regulated institution and a single 
counterparty.
* * * * *
    Non-performing loan securitization (NPL securitization) means a 
traditional securitization, that is not a resecuritization, where 
parameter W (as defined in Sec.  217.133(b)(1)) for the underlying 
exposures is greater than or equal to 90 percent at the origination 
cut-off date and at any subsequent date on which exposures are added to 
or removed from the pool of underlying exposures due to replenishment 
or restructuring.
    Nonrefundable purchase price discount (NRPPD) means the difference 
between the outstanding principal balance of the underlying exposures 
at the time of sale and the price at which these exposures are sold by 
the originator to a company the activities of which are limited to 
those appropriate for the specific purpose of holding the underlying 
exposures of a securitization, when neither originator nor the original 
lender are reimbursed for this difference. In cases where the 
originator underwrites tranches of an NPL securitization for subsequent 
sale, the NRPPD may include the differences between the outstanding 
principal balance of the underlying exposures at the time of sale and 
the price at which all of the tranches are first sold to unrelated 
third parties. For any given piece of a securitization tranche, only 
its initial sale from the originator to investors is taken into account 
in the determination of NRPPD. The purchase prices of subsequent re-
sales of a securitization tranche are not considered.
    Non-significant investment in the capital of an unconsolidated 
financial institution means an investment by a Category I Board-
regulated institution or a Category II Board-regulated institution in 
the capital of an unconsolidated financial institution where the 
Category I Board-regulated institution or Category II Board-regulated 
institution owns 10 percent or less of the issued and outstanding 
common stock of the unconsolidated financial institution.
* * * * *
    Prepaid credit protection arrangement means a contractual 
arrangement under which a protection purchaser transfers the credit 
risk of one or more reference exposures to a protection provider where:
    (1) The protection provider pays an initial principal amount in 
cash to the protection purchaser at the inception of the transaction; 
and
    (2) The protection purchaser is obligated to repay the initial 
principal amount to the protection provider on or before the maturity 
date of the transaction, less any losses that the protection purchaser 
realizes or otherwise recognizes due to nonpayment of all contractual 
payments due to be paid on the reference exposure or reference 
exposures by the obligors.
* * * * *
    Protection amount (P) means, with respect to an exposure hedged by 
an eligible guarantee, eligible credit derivative, or eligible prepaid 
credit protection arrangement, or secured by financial collateral, the 
effective notional amount of the guarantee, credit derivative, or 
prepaid credit protection arrangement, or the fair value of the 
financial collateral, reduced to reflect any currency mismatch, 
maturity mismatch, or lack of restructuring coverage (as provided in 
Sec.  217.36-217.37 or Sec.  217.120-121, as applicable).
* * * * *
    Qualifying cross-product master netting agreement means a 
qualifying master netting agreement that provides for termination and 
close-out netting across multiple types of financial transactions or 
qualifying master netting agreements in the event of a counterparty's 
default, provided that the underlying financial transactions are 
derivative contracts or repo-style transactions that are not cleared 
transactions. In order to treat an agreement as a qualifying cross-
product master netting agreement, a Board-regulated institution must 
comply with the requirements of Sec.  217.3(c) of this part with 
respect to that agreement.
* * * * *
    Qualifying master netting agreement means a written, legally 
enforceable agreement provided that:
    * * *
    (3) The agreement does not contain a walkaway clause (that is, a 
provision that permits a non-defaulting counterparty to make a lower 
payment than it otherwise would make under the agreement, or no payment 
at all, to a defaulter or the estate of a defaulter, even if the 
defaulter or the estate of the defaulter is a net creditor under the 
agreement); and
    (4) In order to recognize an agreement as a qualifying master 
netting agreement for purposes of this subpart, a Board-regulated 
institution must comply with the requirements of Sec.  217.3(d) with 
respect to that agreement.
* * * * *
    Significant investment in the capital of an unconsolidated 
financial institution means an investment by a Category I Board-
regulated institution or a Category II Board-regulated institution in 
the capital of an unconsolidated financial institution where the 
Category I Board-regulated institution or a Category II Board-regulated 
institution owns more than 10 percent of the issued and outstanding 
common stock of the unconsolidated financial institution.
* * * * *
    Specified supranational entity means the Bank for International 
Settlements, the European Central Bank, the European Commission, the 
International Monetary Fund, the European Stability Mechanism, or the 
European Financial Stability Facility.
* * * * *
    Speculative grade means that the entity to which the Board-
regulated institution is exposed through a loan or security, or the 
reference entity with respect to a credit derivative, has adequate 
capacity to meet financial commitments in the near term, but is 
vulnerable to adverse economic conditions, such that should economic 
conditions deteriorate, the issuer or the reference entity would 
present an elevated default risk.
    Standardized market risk-weighted assets means the standardized 
measure for market risk calculated under Sec.  217.204(b) multiplied by 
12.5.

[[Page 15294]]

    Standardized total risk-weighted assets means:
    (1) The sum of:
    (i) Total risk-weighted assets for general credit risk as 
calculated under Sec.  217.31;
    (ii) Total risk-weighted assets for cleared transactions and 
default fund contributions as calculated under Sec.  217.35;
    (iii) Total risk-weighted assets for unsettled transactions as 
calculated under Sec.  217.38;
    (iv) Total risk-weighted assets for securitization exposures as 
calculated under Sec.  217.42;
    (v) Total risk-weighted assets for equity exposures as calculated 
under Sec.  217.52 and Sec.  217.53; and
    (vi) For a market risk Board-regulated institution only, market 
risk-weighted assets; less
    (2) Any amount of the Board-regulated institution's adjusted 
allowance for credit losses that is not included in tier 2 capital and 
any amount of allocated transfer risk reserves.
* * * * *
    Sub-speculative grade means that the entity to which the Board-
regulated institution is exposed through a loan or security, or the 
reference entity with respect to a credit derivative, depends on 
favorable economic conditions to meet its financial commitments, such 
that should such economic conditions deteriorate the issuer or the 
reference entity likely would default on its financial commitments.
* * * * *
    Synthetic securitization means a transaction in which:
    (1) All or a portion of the credit risk of one or more underlying 
exposures is retained or transferred to one or more third parties 
through the use of one or more credit derivatives, guarantees (other 
than a guarantee that transfers only the credit risk of an individual 
retail exposure), or prepaid credit protection arrangements;
    (2) The credit risk associated with the underlying exposures has 
been separated into at least two tranches reflecting different levels 
of seniority;
    (3) Performance of the securitization exposures depends solely upon 
the performance of the underlying exposures; and
    (4) All or substantially all of the underlying exposures are 
financial exposures (such as loans, commitments, credit derivatives, 
guarantees, receivables, asset-backed securities, mortgage-backed 
securities, other debt securities, or equity securities).
* * * * *
    Total credit risk-weighted assets means the sum of:
    (1) Total risk-weighted assets for general credit risk as 
calculated under Sec.  217.110;
    (2) Total risk-weighted assets for cleared transactions and default 
fund contributions as calculated under Sec.  217.116;
    (3) Total risk-weighted assets for unsettled transactions as 
calculated under Sec.  217.117; and
    (4) Total risk-weighted assets for securitization exposures as 
calculated under Sec.  217.132.
* * * * *
    Traditional securitization means a transaction in which:
    (1) All or a portion of the credit or equity risk of one or more 
underlying exposures is transferred to one or more third parties other 
than through the use of credit derivatives, guarantees, or prepaid 
credit protection arrangements;
    (2) The credit risk associated with the underlying exposures has 
been separated into at least two tranches reflecting different levels 
of seniority;
    (3) Performance of the securitization exposures depends solely upon 
the performance of the underlying exposures;
    (4) All or substantially all of the underlying exposures are 
financial exposures (such as loans, commitments, credit derivatives, 
guarantees, receivables, asset-backed securities, mortgage-backed 
securities, other debt securities, or equity securities);
    (5) The underlying exposures are not owned by an operating company;
    (6) The underlying exposures are not owned by a small business 
investment company defined in section 302 of the Small Business 
Investment Act;
    (7) The underlying exposures are not owned by a firm an investment 
in which qualifies as a community development investment under section 
24(Eleventh) of the National Bank Act;
    (8) The Board may determine that a transaction in which the 
underlying exposures are owned by an investment firm that exercises 
substantially unfettered control over the size and composition of its 
assets, liabilities, and off-balance sheet exposures is not a 
traditional securitization based on the transaction's leverage, risk 
profile, or economic substance;
    (9) The Board may deem a transaction that meets the definition of a 
traditional securitization, notwithstanding paragraph (5), (6), or (7) 
of this definition, to be a traditional securitization based on the 
transaction's leverage, risk profile, or economic substance; and
    (10) The transaction is not:
    (i) An investment fund;
    (ii) A collective investment fund (as defined in 12 CFR 208.34);
    (iii) An employee benefit plan (as defined in paragraphs (3) and 
(32) of section 3 of ERISA), a ``governmental plan'' (as defined in 29 
U.S.C. 1002(32)) that complies with the tax deferral qualification 
requirements provided in the Internal Revenue Code, or any similar 
employee benefit plan established under the laws of a foreign 
jurisdiction;
    (iv) A synthetic exposure to the capital of a financial institution 
to the extent deducted from capital under Sec.  217.22; or
    (v) Registered with the SEC under the Investment Company Act of 
1940 (15 U.S.C. 80a-1) or foreign equivalents thereof.
* * * * *
    Variation margin amount means the fair value amount of the 
variation margin, as adjusted by the standard supervisory haircuts 
under Sec.  217.121(c)(2)(iii), as applicable, that a counterparty to a 
netting set has posted to a Board-regulated institution less the fair 
value amount of the variation margin, as adjusted by the standard 
supervisory haircuts under Sec.  217.121(c)(2)(iii), as applicable, 
posted by the Board-regulated institution to the counterparty.
* * * * *
0
41. In Sec.  217.3, revise paragraph (c) to read as follows:


Sec.  217.3  Operational requirements for counterparty credit risk.

* * * * *
    (c) Qualifying cross-product master netting agreement. In order to 
recognize an agreement as a qualifying cross-product master netting 
agreement as defined in Sec.  217.2, a Board-regulated institution must 
obtain a written legal opinion verifying the validity and 
enforceability of the agreement under applicable law of the relevant 
jurisdictions if the counterparty fails to perform upon an event of 
default, including upon receivership, insolvency, liquidation, or 
similar proceeding
* * * * *
0
42. Add a new section Sec.  217.4 to read as follows:


Sec.  217.4  Threshold Indexing.

    (a) Methodology. The dollar thresholds specified in paragraph (c) 
of this section shall be adjusted by multiplying the baseline threshold 
values specified in paragraph (c) of this section by one plus the 
cumulative percent change in the non-seasonally

[[Page 15295]]

adjusted Consumer Price Index for Urban Wage Earners and Clerical 
Workers, measured from the effective date of this rule, as further 
described in paragraph (b) of this section, and shall be rounded in 
accordance with paragraph (d) of this section.
    (b) Frequency. (1) In general--biennial adjustments. Except as 
otherwise provided in paragraph (b)(2) and (b)(3) of this section, the 
adjustments described in paragraph (a) of this section shall be 
effective on October 1 following each consecutive two year period 
ending August 30, and using the non-seasonally adjusted Consumer Price 
Index for Urban Wage Earners and Clerical Workers as of August 30 of 
that year.
    (2) Off-year adjustments. In the event that the Board determines, 
during a year where no adjustment would be made under paragraph (b)(1), 
that the non-seasonally adjusted Consumer Price Index for Urban Wage 
Earners and Clerical Workers, measured over the twelve month period 
ending August 30 of that year, is such that an adjustment under this 
section would be appropriate for that year, the Board may make an 
adjustment under this section for that year.
    (3) Periods of negative inflation. Notwithstanding paragraph (b)(1) 
or (b)(2) of this section, if an adjustment of dollar thresholds using 
the cumulative percent change of the non-seasonally adjusted Consumer 
Price Index for Urban Wage Earners and Clerical Workers from the 
effective date of this rule or the most recent adjustment, as 
applicable, would not result in an increase from the current dollar 
thresholds, no adjustment will be made pursuant to paragraph (a) of 
this section.
    (c) Specified thresholds. The thresholds in the following sections 
shall be adjusted in accordance with paragraph (a) of this section 
relative to the baseline threshold values as specified below.
    (1) Sec.  217.2, definition of Financial institution, paragraph 
(4)(i)(A), baseline threshold value $10 million;
    (2) Sec.  217.101, definition of Regulatory retail exposure, 
paragraph (2), baseline threshold value $1 million;
    (3) Sec.  217.101, definition of Small or medium-sized entity 
(SME), baseline threshold value $50 million;
    (4) Sec.  217.150(b)(1), baseline threshold value $1 billion;
    (5) Sec.  217.150(b)(2), baseline threshold values $1 billion, $30 
billion, and $120 million;
    (6) Sec.  217.150(b)(2)(i), baseline threshold value $1 billion;
    (7) Sec.  217.150(b)(3), baseline threshold values $30 billion and 
$4.47 billion
    (8) Sec.  217.150(b)(3)(i), baseline threshold value $30 billion;
    (9) Sec.  217.150(d)(2)(i)(A), baseline threshold value $20,000;
    (10) Sec.  217.201(b)(1)(ii)(B), baseline threshold value $5 
billion;
    (11) Sec.  217.201(b)(2)(ii), baseline threshold value $1 trillion;
    (12) Sec.  217.202 ``Large market cap'', baseline threshold value 
$2 billion;
    (13) Sec.  217.202, ``Market risk covered position'' (1)(ii)(D), 
baseline value $20 million;
    (14) Sec.  217.202, ``Small market cap'', baseline threshold value 
$2 billion.
    (d) Rounding. When adjusting thresholds under this section, each 
threshold shall be rounded based on the size of the threshold (e.g., 
thousands, millions, billions) to the nearest number with two 
significant digits.
    (e) Effective date of threshold adjustments. The [AGENCY] shall 
announce the thresholds adjusted in accordance with this section by 
publication in the Federal Register. Such adjusted thresholds shall be 
effective on October 1 of the year during which an adjustment is made.
    (f) Failure to publish in the Federal Register. In the event, for 
any reason, the thresholds adjusted in accordance with this section are 
not published in the Federal Register in a year in which an adjustment 
is made under this section, the thresholds specified in paragraph (c) 
of this section will adjust as provided in this section and be 
effective on October 1, notwithstanding the lack of publication in the 
Federal Register.
* * * * *
0
43. Add Sec.  217.5 ``Calculation of loan-to-value (LTV) ratio.''
    The addition reads as follows:


Sec.  217.5  Calculation of loan-to-value (LTV) ratio.

    (a) Loan-to-Value ratio. The loan-to-value (LTV) ratio must be 
calculated as the extension of credit divided by the value of the 
property.
    (b) Extension of credit. For purposes of a LTV ratio calculated 
under this section, the extension of credit is equal to the total 
outstanding amount of the loan including any undrawn committed amount 
of the loan.
    (c) Value of the property. (1) For purposes of a LTV ratio 
calculated under this section, the value of the property is the market 
value of all real estate properties securing or being improved by the 
extension of credit plus the amount of any readily marketable 
collateral and other acceptable collateral, as defined in 12 CFR part 
208, appendix C, that secures the extension of credit, subject to the 
following:
    (i) For exposures subject to 12 CFR 208 subpart E or 12 CFR 225 
subpart G, as applicable, the market value of property is a valuation 
that meets all requirements of that rule.
    (ii) For exposures not subject to 12 CFR 208 subpart E or 12 CFR 
225 subpart G, as applicable:
    (A) The market value of real estate must be obtained from an 
independent valuation of the property using prudently conservative 
valuation criteria;
    (B) The valuation must be done independently from the [BANKING 
ORGANIZATION]'s origination and underwriting process, and
    (C) To ensure that the market value of the real estate is 
determined in a prudently conservative manner, the valuation must 
exclude expectations of price increases and must be adjusted downward 
to account for the potential for the current market price to be 
significantly above the value that would be sustainable over the life 
of the loan.
    (2) In the case where the exposure includes the financing to 
purchase the property, the value of the property is the lower of the 
market value obtained under paragraph (c)(1)(i) or (c)(1)(ii) of this 
section, as applicable, and the actual acquisition cost.
    (3) The value of the property must be measured at the time of 
origination, except in the following circumstances:
    (i) The [AGENCY] requires a [BANKING ORGANIZATION] to revise the 
value of the property downward;
    (ii) The value of the property must be adjusted downward due to an 
extraordinary event that results in a permanent reduction of the 
property value; or
    (iii) The value of the property may be increased to reflect 
modifications made to the property that increase the market value, as 
determined according to the requirements in paragraphs (c)(1)(i) or 
(ii) of this section.
    (4) Readily marketable collateral and other acceptable collateral, 
as defined in 12 CFR part 208, appendix C, must be appropriately 
discounted by the [BANKING ORGANIZATION] consistent with the [BANKING 
ORGANIZATION]'s usual practices for making loans secured by such 
collateral.

Subpart B--Capital Ratio Requirements and Buffers

0
44. In Sec.  217.10:
0
a. Revise paragraph (a)(1)(v);
0
b. Revise paragraph (b);
0
c. Revise paragraph (c);
0
d. Revise paragraph (d) introductory text; and

[[Page 15296]]

0
e. Revise paragraph (d)(3)(ii).
    The revisions read as follows:


Sec.  217.10   Minimum capital requirements.

    (a) * * *
    (1) * * *
    (v) For a Category I Board-regulated institution, Category II 
Board-regulated institution, or Category III Board-regulated 
institution, a supplementary leverage ratio of 3 percent.
* * * * *
    (b) Standardized capital ratio calculations. For a Board-regulated 
institution that is not a Category I Board-regulated institution or 
Category II Board regulated institution:
    (1) Common equity tier 1 capital ratio. The Board-regulated 
institution's common equity tier 1 capital ratio is the ratio of the 
Board-regulated institution's common equity tier 1 capital to selected 
total risk-weighted assets;
    (2) Tier 1 capital ratio. The Board-regulated institution's tier 1 
capital ratio is the ratio of the Board-regulated institution's tier 1 
capital to selected total risk-weighted assets;
    (3) Total capital ratio. The Board-regulated institution's total 
capital ratio is the ratio of the Board-regulated institution's total 
capital to selected total risk-weighted assets; and
    (4) Leverage ratio. The Board-regulated institution's leverage 
ratio is the ratio of the Board-regulated institution's tier 1 capital 
to the Board-regulated institution's average total consolidated assets 
as reported on the Board-regulated institution's Call Report, for a 
state member bank, or the Consolidated Financial Statements for Bank 
Holding Companies (FR Y-9C), for a bank holding company or savings and 
loan holding company, as applicable minus amounts deducted from tier 1 
capital under Sec.  217.22(a), (c) and (d).
    (5) Selected total risk-weighted assets. A Board-regulated 
institution's selected total risk-weighted assets is either the Board-
regulated institution's standardized total risk-weighted assets or 
expanded total risk-weighted assets, as selected by the Board-regulated 
institution. A Board-regulated institution may change its choice for 
selected total risk-weighted assets by providing the Board with prior 
notice of the change at least four full calendar quarters before the 
calendar quarter in which the change will take effect.
    (c) Supplementary leverage ratio. (1) The supplementary leverage 
ratio of a Category I Board-regulated institution, Category II Board-
regulated institution, or Category III Board-regulated institution is 
the ratio of its tier 1 capital to total leverage exposure. Total 
leverage exposure is calculated as the sum of:
    (i) The mean of the on-balance sheet assets calculated as of each 
day of the reporting quarter; and
    (ii) The mean of the off-balance sheet exposures calculated as of 
the last day of each of the most recent three months, minus the 
applicable deductions under Sec.  217.22(a), (c), and (d).
    (2) For purposes of this part, total leverage exposure means the 
sum of the items described in paragraphs (c)(2)(i) through (viii) of 
this section, as adjusted pursuant to paragraph (c)(2)(ix) of this 
section for a clearing member Board-regulated institution and paragraph 
(c)(2)(x) of this section for a custodial banking organization:
    (i) The balance sheet carrying value of all of the Board-regulated 
institution's on-balance sheet assets, net of adjusted allowances for 
credit losses, plus the value of securities sold under a repurchase 
transaction or a securities lending transaction that qualifies for 
sales treatment under GAAP, less amounts deducted from tier 1 capital 
under Sec.  217.22(a), (c), and (d), less the value of securities 
received in security-for-security repo-style transactions, where the 
Board-regulated institution acts as a securities lender and includes 
the securities received in its on-balance sheet assets but has not sold 
or re-hypothecated the securities received, and, for a Board-regulated 
institution that uses the standardized approach for counterparty credit 
risk (SA-CCR) under Sec.  217.114 for its standardized total risk-
weighted assets or expanded total risk-weighted assets, less the fair 
value of any derivative contracts;
    (ii) (A) For a Board-regulated institution that uses the current 
exposure methodology under Sec.  217.34(b) for its standardized total 
risk-weighted assets, the potential future credit exposure (PFE) for 
each derivative contract or each single-product netting set of 
derivative contracts (including a cleared transaction except as 
provided in paragraph (c)(2)(ix) of this section and, at the discretion 
of the Board-regulated institution, excluding a forward agreement 
treated as a derivative contract that is part of a repurchase or 
reverse repurchase or a securities borrowing or lending transaction 
that qualifies for sales treatment under GAAP), to which the Board-
regulated institution is a counterparty as determined under Sec.  
217.34, but without regard to Sec.  217.34(c), provided that:
    (1) A Board-regulated institution may choose to exclude the PFE of 
all credit derivatives or other similar instruments through which it 
provides credit protection when calculating the PFE under Sec.  217.34, 
but without regard to Sec.  217.34(c), provided that it does not adjust 
the net-to-gross ratio (NGR); and
    (2) A Board-regulated institution that chooses to exclude the PFE 
of credit derivatives or other similar instruments through which it 
provides credit protection pursuant to paragraph (c)(2)(ii)(A) of this 
section must do so consistently over time for the calculation of the 
PFE for all such instruments; or
    (B) (1) For a Board-regulated institution that uses SA-CCR under 
Sec.  217.114 for its standardized total risk-weighted assets or 
expanded total risk-weighted assets, the PFE under SA-CCR for each 
derivative contract or single product netting set of derivative 
contracts to which the Board-regulated institution is a counterparty 
(including cleared transactions except as provided in paragraph 
(c)(2)(ix) of this section and, at the discretion of the Board-
regulated institution, excluding a forward agreement treated as a 
derivative contract that is part of a repurchase or reverse repurchase 
or a securities borrowing or lending transaction that qualifies for 
sales treatment under GAAP), as determined under Sec.  217.114(g), in 
which the term C in Sec.  217.114(g)(1) equals zero, and, for any 
counterparty that is not a commercial end-user, multiplied by 1.4. For 
purposes of this paragraph (c)(2)(ii)(A), a Board-regulated institution 
may set the value of the term C in Sec.  217.114(g)(1) equal to the 
amount of collateral posted by a clearing member client of the Board-
regulated institution in connection with the client-facing derivative 
transactions within the netting set; and
    (2) A Board-regulated institution may choose to exclude the PFE of 
all credit derivatives or other similar instruments through which it 
provides credit protection when calculating the PFE under Sec.  
217.114, provided that it does so consistently over time for the 
calculation of the PFE for all such instruments;
    (iii)(A)(1) For a Board-regulated institution that uses the current 
exposure methodology under Sec.  217.34(b) for its standardized total 
risk-weighted assets, the amount of cash collateral that is received 
from a counterparty to a derivative contract and that has offset the 
mark-to-fair value of the derivative asset, or cash collateral that is 
posted to a counterparty to a derivative contract and that has reduced 
the Board-regulated institution's on-balance sheet assets, unless such 
cash collateral is all or part of variation margin that satisfies the 
conditions in

[[Page 15297]]

paragraphs (c)(2)(iii)(C) through (G) of this section; and
    (2) The variation margin is used to reduce the current credit 
exposure of the derivative contract, calculated as described in Sec.  
217.34(b), and not the PFE; and
    (3) For the purpose of the calculation of the NGR described in 
Sec.  217.34(b)(2)(ii)(B), variation margin described in paragraph 
(c)(2)(iii)(A)(2) of this section may not reduce the net current credit 
exposure or the gross current credit exposure; or
    (B)(1) For a Board-regulated institution that uses SA-CCR under 
Sec.  217.114 for its standardized total risk-weighted assets or 
expanded total risk-weighted assets, the replacement cost under Sec.  
217.114 of each derivative contract or single product netting set of 
derivative contracts to which the Board-regulated institution is a 
counterparty, calculated according to the following formula, and, for 
any counterparty that is not a commercial end-user, multiplied by 1.4:

Replacement Cost = max{V-CVMr + CVMp; 0{time} 

Where:

V equals the fair value for each derivative contract or each netting 
set of derivative contracts (including a cleared transaction except 
as provided in paragraph (c)(2)(ix) of this section and, at the 
discretion of the Board-regulated institution, excluding a forward 
agreement treated as a derivative contract that is part of a 
repurchase or reverse repurchase or a securities borrowing or 
lending transaction that qualifies for sales treatment under GAAP);
CVMr equals the amount of cash collateral received from a 
counterparty to a derivative contract and that satisfies the 
conditions in paragraphs (c)(2)(iii)(C) through (G) of this section, 
or, in the case of a client-facing derivative transaction, the 
amount of collateral received from the clearing member client; and
CVMp equals the amount of cash collateral that is posted to a 
counterparty to a derivative contract and that has not offset the 
fair value of the derivative contract and that satisfies the 
conditions in paragraphs (c)(2)(iii)(C) through (G) of this section, 
or, in the case of a client-facing derivative transaction, the 
amount of collateral posted to the clearing member client;

    (2) Notwithstanding paragraph (c)(2)(iii)(A)(1) of this section, 
where multiple netting sets are subject to a single variation margin 
agreement, a Board-regulated institution must apply the formula for 
replacement cost provided in Sec.  217.114(j)(1), in which the term CMA 
may only include cash collateral that satisfies the conditions in 
paragraphs (c)(2)(iii)(C) through (G) of this section; and
    (3) For purposes of paragraph (c)(2)(iii)(A)(1) of this section, a 
Board-regulated institution must treat a derivative contract that 
references an index as if it were multiple derivative contracts each 
referencing one component of the index if the Board-regulated 
institution elected to treat the derivative contract as multiple 
derivative contracts under Sec.  217.114(e)(6);
    (C) For derivative contracts that are not cleared through a QCCP, 
the cash collateral received by the recipient counterparty is not 
segregated (by law, regulation, or an agreement with the counterparty);
    (D) Variation margin is calculated and transferred on a daily basis 
based on the mark-to-fair value of the derivative contract;
    (E) The variation margin transferred under the derivative contract 
or the governing rules of the CCP or QCCP for a cleared transaction is 
the full amount that is necessary to fully extinguish the net current 
credit exposure to the counterparty of the derivative contracts, 
subject to the threshold and minimum transfer amounts applicable to the 
counterparty under the terms of the derivative contract or the 
governing rules for a cleared transaction;
    (F) The variation margin is in the form of cash in the same 
currency as the currency of settlement set forth in the derivative 
contract, provided that for the purposes of this paragraph 
(c)(2)(iii)(F), currency of settlement means any currency for 
settlement specified in the governing qualifying master netting 
agreement and the credit support annex to the qualifying master netting 
agreement, or in the governing rules for a cleared transaction; and
    (G) The derivative contract and the variation margin are governed 
by a qualifying master netting agreement between the legal entities 
that are the counterparties to the derivative contract or by the 
governing rules for a cleared transaction, and the qualifying master 
netting agreement or the governing rules for a cleared transaction must 
explicitly stipulate that the counterparties agree to settle any 
payment obligations on a net basis, taking into account any variation 
margin received or provided under the contract if a credit event 
involving either counterparty occurs;
    (iv) The effective notional principal amount (that is, the apparent 
or stated notional principal amount multiplied by any multiplier in the 
derivative contract) of a credit derivative, or other similar 
instrument, through which the Board-regulated institution provides 
credit protection, provided that:
    (A) The Board-regulated institution may reduce the effective 
notional principal amount of the credit derivative by the amount of any 
reduction in the mark-to-fair value of the credit derivative if the 
reduction is recognized in common equity tier 1 capital;
    (B) The Board-regulated institution may reduce the effective 
notional principal amount of the credit derivative by the effective 
notional principal amount of a purchased credit derivative or other 
similar instrument, provided that the remaining maturity of the 
purchased credit derivative is equal to or greater than the remaining 
maturity of the credit derivative through which the Board-regulated 
institution provides credit protection and that:
    (1) With respect to a credit derivative that references a single 
exposure, the reference exposure of the purchased credit derivative is 
to the same legal entity and ranks pari passu with, or is junior to, 
the reference exposure of the credit derivative through which the 
Board-regulated institution provides credit protection; or
    (2) With respect to a credit derivative that references multiple 
exposures, the reference exposures of the purchased credit derivative 
are to the same legal entities and rank pari passu with the reference 
exposures of the credit derivative through which the Board-regulated 
institution provides credit protection, and the level of seniority of 
the purchased credit derivative ranks pari passu to the level of 
seniority of the credit derivative through which the Board-regulated 
institution provides credit protection;
    (3) Where a Board-regulated institution has reduced the effective 
notional principal amount of a credit derivative through which the 
Board-regulated institution provides credit protection in accordance 
with paragraph (c)(2)(iv)(A) of this section, the Board-regulated 
institution must also reduce the effective notional principal amount of 
a purchased credit derivative used to offset the credit derivative 
through which the Board-regulated institution provides credit 
protection, by the amount of any increase in the mark-to-fair value of 
the purchased credit derivative that is recognized in common equity 
tier 1 capital; and
    (4) Where the Board-regulated institution purchases credit 
protection through a total return swap and records the net payments 
received on a credit derivative through which the Board-regulated 
institution provides credit protection in net income, but does not 
record offsetting deterioration in the mark-to-fair value of the credit

[[Page 15298]]

derivative through which the Board-regulated institution provides 
credit protection in net income (either through reductions in fair 
value or by additions to reserves), the Board-regulated institution may 
not use the purchased credit protection to offset the effective 
notional principal amount of the related credit derivative through 
which the Board-regulated institution provides credit protection;
    (v) Where a Board-regulated institution acting as a principal has 
more than one repo-style transaction with the same counterparty and has 
offset the gross value of receivables due from a counterparty under 
reverse repurchase transactions by the gross value of payables under 
repurchase transactions due to the same counterparty, the gross value 
of receivables associated with the repo-style transactions less any on-
balance sheet receivables amount associated with these repo-style 
transactions included under paragraph (c)(2)(i) of this section, unless 
the following criteria are met:
    (A) The offsetting transactions have the same explicit final 
settlement date under their governing agreements;
    (B) The right to offset the amount owed to the counterparty with 
the amount owed by the counterparty is legally enforceable in the 
normal course of business and in the event of receivership, insolvency, 
liquidation, or similar proceeding; and
    (C) Under the governing agreements, the counterparties intend to 
settle net, settle simultaneously, or settle according to a process 
that is the functional equivalent of net settlement, (that is, the cash 
flows of the transactions are equivalent, in effect, to a single net 
amount on the settlement date), where both transactions are settled 
through the same settlement system, the settlement arrangements are 
supported by cash or intraday credit facilities intended to ensure that 
settlement of both transactions will occur by the end of the business 
day, and the settlement of the underlying securities does not interfere 
with the net cash settlement;
    (vi) The counterparty credit risk of a repo-style transaction, 
including where the Board-regulated institution acts as an agent for a 
repo-style transaction and indemnifies the customer with respect to the 
performance of the customer's counterparty in an amount limited to the 
difference between the fair value of the security or cash its customer 
has lent and the fair value of the collateral the borrower has 
provided, calculated as follows:
    (A) If the transaction is not subject to a qualifying master 
netting agreement, the counterparty credit risk (E*) for transactions 
with a counterparty must be calculated on a transaction by transaction 
basis, such that each transaction i is treated as its own netting set, 
in accordance with the following formula, where Ei is the fair value of 
the instruments, gold, or cash that the Board-regulated institution has 
lent, sold subject to repurchase, or provided as collateral to the 
counterparty, and Ci is the fair value of the instruments, gold, or 
cash that the Board-regulated institution has borrowed, purchased 
subject to resale, or received as collateral from the counterparty:

Ei* = max {0, [Ei-Ci]{time} ; and

    (B) If the transaction is subject to a qualifying master netting 
agreement, the counterparty credit risk (E*) must be calculated as the 
greater of zero and the total fair value of the instruments, gold, or 
cash that the Board-regulated institution has lent, sold subject to 
repurchase or provided as collateral to a counterparty for all 
transactions included in the qualifying master netting agreement 
([Sigma]Ei), less the total fair value of the instruments, gold, or 
cash that the Board-regulated institution borrowed, purchased subject 
to resale or received as collateral from the counterparty for those 
transactions ([Sigma]Ci), in accordance with the following formula:

E* = max {0, [[Sigma]ei-[Sigma]ci]{time} 

    (vii) If a Board-regulated institution acting as an agent for a 
repo-style transaction provides a guarantee to a customer of the 
security or cash its customer has lent or borrowed with respect to the 
performance of the customer's counterparty and the guarantee is not 
limited to the difference between the fair value of the security or 
cash its customer has lent and the fair value of the collateral the 
borrower has provided, the amount of the guarantee that is greater than 
the difference between the fair value of the security or cash its 
customer has lent and the value of the collateral the borrower has 
provided;
    (viii) The credit equivalent amount of all off-balance sheet 
exposures of the Board-regulated institution, excluding repo-style 
transactions, repurchase or reverse repurchase or securities borrowing 
or lending transactions that qualify for sales treatment under GAAP, 
and derivative transactions, determined using:
    (A) For a Board-regulated institution that elects to calculate its 
standardized total risk-weighed assets under Sec.  217.10(b), the 
applicable credit conversion factor under Sec.  217.33(b), provided, 
however, that the minimum credit conversion factor that may be assigned 
to an off-balance sheet exposure under this paragraph is 10 percent; or
    (B) For a Board-regulated institution that elects to calculate its 
expanded total risk-weighted assets under Sec.  217.10(b), a Category I 
Board-regulated institution, or a Category II Board-regulated 
institution, the applicable credit conversion factor under Sec.  
217.112(b), provided, however, that the minimum credit conversion 
factor that may be assigned to an off-balance sheet exposure under this 
paragraph is 10 percent; and
    (ix) For a Board-regulated institution that is a clearing member:
    (A) A clearing member Board-regulated institution that guarantees 
the performance of a clearing member client with respect to a cleared 
transaction must treat its exposure to the clearing member client as a 
derivative contract or repo-style transaction, as applicable, for 
purposes of determining its total leverage exposure;
    (B) A clearing member Board-regulated institution that guarantees 
the performance of a CCP with respect to a transaction cleared on 
behalf of a clearing member client must treat its exposure to the CCP 
as a derivative contract or repo-style transaction, as applicable, for 
purposes of determining its total leverage exposure;
    (C) A clearing member Board-regulated institution that does not 
guarantee the performance of a CCP with respect to a transaction 
cleared on behalf of a clearing member client may exclude its exposure 
to the CCP for purposes of determining its total leverage exposure;
    (D) A Board-regulated institution that is a clearing member may 
exclude from its total leverage exposure the effective notional 
principal amount of credit protection sold through a credit derivative 
contract, or other similar instrument, that it clears on behalf of a 
clearing member client through a CCP as calculated in accordance with 
paragraph (c)(2)(iv) of this section;
    (E) Notwithstanding paragraphs (c)(2)(ix)(A) through (C) of this 
section, a Board-regulated institution may exclude from its total 
leverage exposure a clearing member's exposure to a clearing member 
client for a derivative contract if the clearing member client and the 
clearing member are affiliates and consolidated for financial reporting 
purposes on the Board-regulated institution's balance sheet; and
    (F) Notwithstanding paragraph (c)(2)(ix)(A), a Board-regulated

[[Page 15299]]

institution that has elected under Sec.  217.113(c) to treat any repo-
style transactions subject to a qualifying cross-product master netting 
agreement as derivative contracts must treat any such repo-style 
transactions as a derivative contract for purposes of this paragraph 
(c).
    (x) A custodial banking organization shall exclude from its total 
leverage exposure the lesser of:
    (A) The amount of funds that the custodial banking organization has 
on deposit at a qualifying central bank; and
    (B) The amount of funds in deposit accounts at the custodial 
banking organization that are linked to fiduciary or custodial and 
safekeeping accounts at the custodial banking organization. For 
purposes of this paragraph (c)(2)(x), a deposit account is linked to a 
fiduciary or custodial and safekeeping account if the deposit account 
is provided to a client that maintains a fiduciary or custodial and 
safekeeping account with the custodial banking organization and the 
deposit account is used to facilitate the administration of the 
fiduciary or custodial and safekeeping account.
    (d) Expanded capital ratio calculations. For a Category I Board-
regulated institution or a Category II Board-regulated institution:
    (1) Common equity tier 1 capital ratio. The Board-regulated 
institution's common equity tier 1 capital ratio is the ratio of the 
Board-regulated institution's common equity tier 1 capital to expanded 
total risk-weighted assets;
    (2) Tier 1 capital ratio. The Board-regulated institution's tier 1 
capital ratio is the ratio of the Board-regulated institution's tier 1 
capital to expanded total risk-weighted assets;
    (3) Total capital ratio. The Board-regulated institution's total 
capital ratio is the ratio of the Board-regulated institution's total 
capital to expanded total risk-weighted assets; and
    (4) Leverage ratio. The Board-regulated institution's leverage 
ratio is the ratio of the Board-regulated institution's tier 1 capital 
to the Board-regulated institution's average total consolidated assets 
as reported on the Board-regulated institution's Call Report, for a 
state member bank, or the Consolidated Financial Statements for Bank 
Holding Companies (FR Y-9C), for a bank holding company or savings and 
loan holding company, as applicable minus amounts deducted from tier 1 
capital under Sec.  217.22(a), (c) and (d).
* * * * *
0
45. Revise Sec.  217.11 to read as follows:


Sec.  217.11  Capital conservation buffer, countercyclical capital 
buffer amount, and GSIB surcharge.

    (a) Capital conservation buffer--(1) Composition of the capital 
conservation buffer. The capital conservation buffer is composed solely 
of common equity tier 1 capital.
    (2) Definitions. For purposes of this section, the following 
definitions apply:
    (i) Eligible retained income. The eligible retained income of a 
Board-regulated institution is the greater of:
    (A) The Board-regulated institution's net income, calculated in 
accordance with the instructions to the FR Y-9C or Call Report, as 
applicable, for the four calendar quarters preceding the current 
calendar quarter, net of any distributions and associated tax effects 
not already reflected in net income; and
    (B) The average of the Board-regulated institution's net income, 
calculated in accordance with the instructions to the FR Y-9C or Call 
Report, as applicable, for the four calendar quarters preceding the 
current calendar quarter.
    (ii) Maximum payout amount. A Board-regulated institution's maximum 
payout amount for the current calendar quarter is equal to the Board-
regulated institution's eligible retained income, multiplied by its 
maximum payout ratio.
    (iii) Maximum payout ratio. The maximum payout ratio is the 
percentage of eligible retained income that a Board-regulated 
institution can pay out in the form of distributions and discretionary 
bonus payments during the current calendar quarter. For a Board-
regulated institution that is not subject to 12 CFR 225.8 or 238.170, 
and that is not a state member bank that is a subsidiary of a globally 
systemically important BHC, the maximum payout ratio is determined by 
the Board-regulated institution's capital conservation buffer, 
calculated as of the last day of the previous calendar quarter, as set 
forth in table 1 to Sec.  217.11. For a Board-regulated institution 
that is subject to 12 CFR 225.8 or 238.170 or that is a state member 
bank that is a subsidiary of a global systemically important BHC, the 
maximum payout ratio is determined under paragraph (c)(1)(ii) of this 
section.
    (iv) Private sector credit exposure. Private sector credit exposure 
means an exposure to a company or an individual that is not an exposure 
to a sovereign, a specified supranational entity, a MDB, a PSE, or a 
GSE.
    (v) Leverage buffer requirement. (A) A global systemically 
important BHC's leverage buffer requirement is 50 percent of the most 
recent method 1 surcharge (expressed as a percentage) that the Board-
regulated institution was required to calculate pursuant to Sec.  
217.403(b), subject to the effective date provisions of Sec.  
217.403(d).
    (B) The leverage buffer requirement of a state member bank that is 
a subsidiary of a global systemically important BHC is equal to the 
lesser of 1.0 percent or 50 percent of the most recent method 1 
surcharge (expressed as a percentage) that the global systemically 
important BHC that controls the state member bank was required to 
calculate pursuant to Sec.  217.403(b), subject to the effective date 
provisions of Sec.  217.403(d).
    (vi) Stress capital buffer requirement. (A) The stress capital 
buffer requirement for a Board-regulated institution subject to 12 CFR 
225.8 or 238.170 is the stress capital buffer requirement determined 
under 12 CFR 225.8 or 238.170 except as provided in paragraph 
(a)(2)(vi)(B) of this section.
    (B) If a Board-regulated institution subject to 12 CFR 225.8 or 
238.170 has not yet received a stress capital buffer requirement, its 
stress capital buffer requirement for purposes of this part is 2.5 
percent.
    (3) Calculation of capital conservation buffer. (i) A Board-
regulated institution that is not subject to 12 CFR 225.8 or 238.170 
has a capital conservation buffer equal to the lowest of the following 
ratios, calculated as of the last day of the previous calendar quarter:
    (A) The Board-regulated institution's common equity tier 1 capital 
ratio minus the Board-regulated institution's minimum common equity 
tier 1 capital ratio requirement under Sec.  217.10;
    (B) The Board-regulated institution's tier 1 capital ratio minus 
the Board-regulated institution's minimum tier 1 capital ratio 
requirement under Sec.  217.10; and
    (C) The Board-regulated institution's total capital ratio minus the 
Board-regulated institution's minimum total capital ratio requirement 
under Sec.  217.10; or
    (ii) Notwithstanding paragraphs (a)(3)(i)(A) through (C) of this 
section, if a Board-regulated institution's common equity tier 1, tier 
1, or total capital ratio is less than or equal to the Board-regulated 
institution's minimum common equity tier 1, tier 1, or total capital 
ratio requirement under Sec.  217.10, respectively, the Board-regulated 
institution's capital conservation buffer is zero.
    (4) Limits on distributions and discretionary bonus payments. (i) A 
Board-regulated institution that is not subject to 12 CFR 225.8 or 
238.170 shall not make distributions or discretionary bonus payments or 
create an obligation to make such distributions or payments during the 
current calendar quarter that,

[[Page 15300]]

in the aggregate, exceed its maximum payout amount.
    (ii) A Board-regulated institution that is not subject to 12 CFR 
225.8 or 238.170 and that has a capital conservation buffer that is 
greater than 2.5 percent plus 100 percent of its applicable 
countercyclical capital buffer amount in accordance with paragraph (b) 
of this section is not subject to a maximum payout amount under 
paragraph (a)(2)(ii) of this section.
    (iii) Except as provided in paragraph (a)(4)(iv) of this section, a 
Board-regulated institution that is not subject to 12 CFR 225.8 or 
238.170 may not make distributions or discretionary bonus payments 
during the current calendar quarter if the Board-regulated 
institution's:
    (A) Eligible retained income is negative; and
    (B) Capital conservation buffer was less than 2.5 percent as of the 
end of the previous calendar quarter.
    (iv) Notwithstanding the limitations in paragraphs (a)(4)(i) 
through (iii) of this section, the Board may permit a Board-regulated 
institution that is not subject to 12 CFR 225.8 or 238.170 to make a 
distribution or discretionary bonus payment upon a request of the 
Board-regulated institution, if the Board determines that the 
distribution or discretionary bonus payment would not be contrary to 
the purposes of this section, or to the safety and soundness of the 
Board-regulated institution. In making such a determination, the Board 
will consider the nature and extent of the request and the particular 
circumstances giving rise to the request.

     Table 1 to Sec.   217.11--Calculation of Maximum Payout Amount
------------------------------------------------------------------------
           Capital conservation buffer             Maximum payout ratio
------------------------------------------------------------------------
Greater than 2.5 percent plus 100 percent of the  No payout ratio
 Board-regulated institution's applicable          limitation applies.
 countercyclical capital buffer amount.
Less than or equal to 2.5 percent plus 100        60 percent.
 percent of the Board-regulated institution's
 applicable countercyclical capital buffer
 amount, and greater than 1.875 percent plus 75
 percent of the Board-regulated institution's
 applicable countercyclical capital buffer
 amount.
Less than or equal to 1.875 percent plus 75       40 percent.
 percent of the Board-regulated institution's
 applicable countercyclical capital buffer
 amount, and greater than 1.25 percent plus 50
 percent of the Board-regulated institution's
 applicable countercyclical capital buffer
 amount.
Less than or equal to 1.25 percent plus 50        20 percent.
 percent of the Board-regulated institution's
 applicable countercyclical capital buffer
 amount and greater than 0.625 percent plus 25
 percent of the Board-regulated institution's
 applicable countercyclical capital buffer
 amount.
Less than or equal to 0.625 percent plus 25       0 percent.
 percent of the Board-regulated institution's
 applicable countercyclical capital buffer
 amount.
------------------------------------------------------------------------

    (v) Additional limitations on distributions may apply under 12 CFR 
225.4 and 263.202 to a Board-regulated institution that is not subject 
to 12 CFR 225.8 or 238.170.
    (b) Countercyclical capital buffer amount--(1) General. A Category 
I Board-regulated institution, Category II Board-regulated institution, 
or Category III Board-regulated institution must calculate a 
countercyclical capital buffer amount in accordance with this paragraph 
(b) for purposes of determining its maximum payout ratio under Table 1 
to Sec.  217.11 section and, if applicable, Table 2 to Sec.  217.11.
    (i) Extension of capital conservation buffer. The countercyclical 
capital buffer amount is an extension of the capital conservation 
buffer as described in paragraph (a) or (c) of this section, as 
applicable.
    (ii) Amount. A Category I Board-regulated institution, Category II 
Board-regulated institution, or Category III Board-regulated 
institution has a countercyclical capital buffer amount determined by 
calculating the weighted average of the countercyclical capital buffer 
amounts established for the national jurisdictions where the Board-
regulated institution's private sector credit exposures are located, as 
specified in paragraphs (b)(2) and (3) of this section.
    (iii) Weighting. The weight assigned to a jurisdiction's 
countercyclical capital buffer amount is calculated by dividing the 
total risk-weighted assets for the Board-regulated institution's 
private sector credit exposures located in the jurisdiction by the 
total risk-weighted assets for all of the Board-regulated institution's 
private sector credit exposures. The methodology a Board-regulated 
institution uses for determining risk-weighted assets for purposes of 
this paragraph (b) must be the methodology that determines its risk-
based capital ratios under Sec.  217.10. Notwithstanding the previous 
sentence, the risk-weighted asset amount for a private sector credit 
exposure that is a covered position under subpart F of this part is its 
standardized default risk capital requirement as determined under Sec.  
217.210 multiplied by 12.5.
    (iv) Location. (A) Except as provided in paragraphs (b)(1)(iv)(B) 
and (C) of this section, the location of a private sector credit 
exposure is the national jurisdiction where the borrower is located 
(that is, where it is incorporated, chartered, or similarly established 
or, if the borrower is an individual, where the borrower resides).
    (B) If, in accordance with subpart D or E of this part, the Board-
regulated institution has assigned to a private sector credit exposure 
a risk weight associated with a protection provider on a guarantee or 
credit derivative, the location of the exposure is the national 
jurisdiction where the protection provider is located.
    (C) The location of a securitization exposure is the location of 
the underlying exposures, or, if the underlying exposures are located 
in more than one national jurisdiction, the national jurisdiction where 
the underlying exposures with the largest aggregate unpaid principal 
balance are located. For purposes of this paragraph (b), the location 
of an underlying exposure shall be the location of the borrower, 
determined consistent with paragraph (b)(1)(iv)(A) of this section.
    (2) Countercyclical capital buffer amount for credit exposures in 
the United States--(i) Initial countercyclical capital buffer amount 
with respect to credit exposures in the United States. The initial 
countercyclical capital buffer amount in the United States is zero.
    (ii) Adjustment of the countercyclical capital buffer amount. The 
Board will adjust the countercyclical capital buffer amount for credit 
exposures in the United States in accordance with applicable law.\1\

    \1\ The Board expects that any adjustment will be based on a 
determination made jointly by the Board, OCC, and FDIC.

    (iii) Range of countercyclical capital buffer amount. The Board 
will adjust

[[Page 15301]]

the countercyclical capital buffer amount for credit exposures in the 
United States between zero percent and 2.5 percent of risk-weighted 
assets.
    (iv) Adjustment determination. The Board will base its decision to 
adjust the countercyclical capital buffer amount under this section on 
a range of macroeconomic, financial, and supervisory information 
indicating an increase in systemic risk including, but not limited to, 
the ratio of credit to gross domestic product, a variety of asset 
prices, other factors indicative of relative credit and liquidity 
expansion or contraction, funding spreads, credit condition surveys, 
indices based on credit default swap spreads, options implied 
volatility, and measures of systemic risk.
    (v) Effective date of adjusted countercyclical capital buffer 
amount--(A) Increase adjustment. A determination by the Board under 
paragraph (b)(2)(ii) of this section to increase the countercyclical 
capital buffer amount will be effective 12 months from the date of 
announcement, unless the Board establishes an earlier effective date 
and includes a statement articulating the reasons for the earlier 
effective date.
    (B) Decrease adjustment. A determination by the Board to decrease 
the established countercyclical capital buffer amount under paragraph 
(b)(2)(ii) of this section will be effective on the day following 
announcement of the final determination or the earliest date 
permissible under applicable law or regulation, whichever is later.
    (vi) Twelve-month sunset. The countercyclical capital buffer amount 
will return to zero percent 12 months after the effective date that the 
adjusted countercyclical capital buffer amount is announced, unless the 
Board announces a decision to maintain the adjusted countercyclical 
capital buffer amount or adjust it again before the expiration of the 
12-month period.
    (3) Countercyclical capital buffer amount for foreign 
jurisdictions. The Board will adjust the countercyclical capital buffer 
amount for private sector credit exposures to reflect decisions made by 
foreign jurisdictions consistent with due process requirements 
described in paragraph (b)(2) of this section.
    (c) Calculation of buffers for Board-regulated institutions subject 
to 12 CFR 225.8 or 238.170--(1) Limits on distributions and 
discretionary bonus payments. (i) General. A Board-regulated 
institution that is subject to 12 CFR 225.8 or 238.170, or that is a 
state member bank that is a subsidiary of a global systemically 
important BHC, shall not make distributions or discretionary bonus 
payments or create an obligation to make such distributions or payments 
during the current calendar quarter that, in the aggregate, exceed its 
maximum payout amount.
    (ii) Maximum payout ratio. The maximum payout ratio of a Board-
regulated institution that is subject to 12 CFR 225.8 or 238.170, or 
that is a state member bank that is a subsidiary of a globally 
systemically important BHC, is the lowest of the payout ratios 
determined by its capital conservation buffer; and, if applicable, 
leverage buffer; as set forth in Table 2 to Sec.  217.11.
    (iii) Capital conservation buffer requirement. A Board-regulated 
institution that is subject to 12 CFR 225.8 or 238.170 has a capital 
conservation buffer requirement equal to its stress capital buffer 
requirement plus its applicable countercyclical capital buffer amount 
in accordance with paragraph (b) of this section plus its applicable 
GSIB surcharge in accordance with paragraph (d) of this section. A 
Board-regulated institution that is a state member bank subsidiary of a 
global systemically important BHC has a capital conservation buffer 
requirement equal to 2.5 percent.
    (iv) No maximum payout amount limitation. A Board-regulated 
institution that is subject to 12 CFR 225.8 or 238.170, or that is a 
state member bank that is a subsidiary of a global systemically 
important BHC, is not subject to a maximum payout amount under 
paragraph (a)(2)(ii) of this section if it has:
    (A) A capital conservation buffer, calculated under paragraph 
(c)(2) of this section, that is greater than its capital conservation 
buffer requirement calculated under paragraph (c)(1)(iii) of this 
section; and
    (B) If applicable, a leverage buffer, calculated under paragraph 
(c)(3) of this section, that is greater than its leverage buffer 
requirement as set forth in paragraph (a)(2)(v) of this section.
    (v) Negative eligible retained income. Except as provided in 
paragraph (c)(1)(vi) of this section, a Board-regulated institution 
that is subject to 12 CFR 225.8 or 238.170, or that is a state member 
bank that is a subsidiary of a global systemically important BHC, may 
not make distributions or discretionary bonus payments during the 
current calendar quarter if, as of the end of the previous calendar 
quarter, the Board-regulated institution's:
    (A) Eligible retained income is negative; and
    (B)(1) Capital conservation buffer was less than its capital 
conservation buffer requirement; or
    (2) If applicable, leverage buffer was less than its leverage 
buffer requirement.
    (vi) Prior approval. Notwithstanding the limitations in paragraphs 
(c)(1)(i) through (v) of this section, the Board may permit a Board-
regulated institution that is subject to 12 CFR 225.8 or 238.170, or 
that is a state member bank that is a subsidiary of a global 
systemically important BHC, to make a distribution or discretionary 
bonus payment upon a request of the Board-regulated institution, if the 
Board determines that the distribution or discretionary bonus payment 
would not be contrary to the purposes of this section, or to the safety 
and soundness of the Board-regulated institution. In making such a 
determination, the Board will consider the nature and extent of the 
request and the particular circumstances giving rise to the request.
    (vii) Other limitations on distributions. Additional limitations on 
distributions may apply under 12 CFR 225.4, 225.8, 238.170, 252.63, 
252.165, and 263.202 to a Board-regulated institution that is subject 
to 12 CFR 225.8 or 238.170.
    (2) Capital conservation buffer. (i) The capital conservation 
buffer for Board-regulated institutions subject to 12 CFR 225.8 or 
238.170, or that is a state member bank that is a subsidiary of a 
global systemically important BHC, is composed solely of common equity 
tier 1 capital.
    (ii) A Board-regulated institution that is subject to 12 CFR 225.8 
or 238.170, or that is a state member bank that is a subsidiary of a 
global systemically important BHC, has a capital conservation buffer 
that is equal to the lowest of the following ratios, calculated as of 
the last day of the previous calendar quarter:
    (A) The Board-regulated institution's common equity tier 1 capital 
ratio minus the Board-regulated institution's minimum common equity 
tier 1 capital ratio requirement under Sec.  217.10;
    (B) The Board-regulated institution's tier 1 capital ratio minus 
the Board-regulated institution's minimum tier 1 capital ratio 
requirement under Sec.  217.10; and
    (C) The Board-regulated institution's total capital ratio minus the 
Board-regulated institution's minimum total capital ratio requirement 
under Sec.  217.10; or
    (iii) Notwithstanding paragraph (c)(2)(ii) of this section, if a 
Board-regulated institution's common equity tier 1, tier 1, or total 
capital ratio is less than or equal to the Board-regulated 
institution's minimum common equity tier 1, tier 1, or total capital 
ratio requirement under Sec.  217.10,

[[Page 15302]]

respectively, the Board-regulated institution's capital conservation 
buffer is zero.
    (3) Leverage buffer. (i) The leverage buffer is composed solely of 
tier 1 capital.
    (ii) A Category I Board-regulated institution has a leverage buffer 
that is equal to the global systemically important BHC's supplementary 
leverage ratio minus 3 percent, calculated as of the last day of the 
previous calendar quarter.
    (iii) Notwithstanding paragraph (c)(3)(ii) of this section, if a 
Category I Board-regulated institution's supplementary leverage ratio 
is less than or equal to 3 percent, the Category I Board-regulated 
institution's leverage buffer is zero.

      Table 2 to Sec.   217.11--Calculation of Maximum Payout Ratio
------------------------------------------------------------------------
                   Capital buffer \1\                      Payout ratio
------------------------------------------------------------------------
Greater than the Board-regulated institution's buffer          No payout
 requirement \2\........................................           ratio
                                                              limitation
                                                                applies.
Less than or equal to 100 percent of the Board-regulated     60 percent.
 institution's buffer requirement, and greater than 75
 percent of the Board-regulated institution's buffer
 requirement............................................
Less than or equal to 75 percent of the Board-regulated      40 percent.
 institution's buffer requirement, and greater than 50
 percent of the Board-regulated institution's buffer
 requirement............................................
Less than or equal to 50 percent of the Board-regulated      20 percent.
 institution's buffer requirement, and greater than 25
 percent of the Board-regulated institution's buffer
 requirement............................................
Less than or equal to 25 percent of the Board-regulated       0 percent.
 institution's buffer requirement.......................
------------------------------------------------------------------------
\1\ A Board-regulated institution's ``capital buffer'' means each of, as
  applicable, its capital conservation buffer and leverage buffer.
\2\ A Board-regulated institution's ``buffer requirement'' means each
  of, as applicable, its capital conservation buffer requirement and
  leverage buffer requirement.

    (d) GSIB surcharge. A global systemically important BHC must use 
its GSIB surcharge calculated in accordance with subpart H of this part 
for purposes of determining its maximum payout ratio under Table 2 to 
Sec.  217.11.

Subpart C--Definition of Capital

0
46. In Sec.  217.20, revise paragraphs (c)(1)(xiv), (d)(1)(xi) and 
(d)(3) to read as follows:


Sec.  217.20  Capital components and eligibility criteria for 
regulatory capital instruments.

* * * * *
    (c) * * *
    (1) * * *
    (xiv) For a Category I Board-regulated institution, a Category II 
Board-regulated institution, or a Board-regulated institution that uses 
expanded total risk-weighted assets for purposes of Sec.  217.10(a)(5), 
the governing agreement, offering circular, or prospectus of an 
instrument issued after the date upon which the Board-regulated 
institution becomes a Category I Board-regulated institution, a 
Category II Board-regulated institution, or a Board-regulated 
institution that uses expanded total risk-weighted assets for purposes 
of Sec.  217.10(a)(5) must disclose that the holders of the instrument 
may be fully subordinated to interests held by the U.S. government in 
the event that the Board-regulated institution enters into a 
receivership, insolvency, liquidation, or similar proceeding.
* * * * *
    (d) * * *
    (1) * * *
    (xi) For a Category I Board-regulated institution, a Category II 
Board-regulated institution, or a Board-regulated institution that uses 
expanded total risk-weighted assets for purposes of Sec.  217.10(a)(5), 
the governing agreement, offering circular, or prospectus of an 
instrument issued after the date on which the Board-regulated 
institution becomes a Category I Board-regulated institution, a 
Category II Board-regulated institution, or a Board-regulated 
institution that uses expanded total risk-weighted assets for purposes 
of Sec.  217.10(a)(5) must disclose that the holders of the instrument 
may be fully subordinated to interests held by the U.S. government in 
the event that the Board-regulated institution enters into a 
receivership, insolvency, liquidation, or similar proceeding.
* * * * *
    (3) AACL up to 1.25 percent of the Board-regulated institution's 
standardized total risk-weighted assets or total credit risk-weighted 
assets, as applicable, not including any amount of the AACL (and 
excluding the case of a market risk Board-regulated institution, its 
market risk weighted assets).
* * * * *
0
47. In Sec.  217.21:
0
a. In paragraph (a)(1), remove the words ``an advanced approaches 
Board-regulated institution'' and add in their place the words ``a 
Category I Board-regulated institution, a Category II Board-regulated 
institution, or a Board-regulated institution that uses expanded total 
risk-weighted assets for purposes of Sec.  217.10(a)(5)'' ; and
0
b. Revise paragraph (b).
    The revision reads as follows:


Sec.  217.21  Minority interest.

* * * * *
    (b) (1) Applicability. For purposes of Sec.  217.20, a Category I 
Board-regulated institution, a Category II Board-regulated institution, 
or a Board-regulated institution that uses expanded total risk-weighted 
assets for purposes of Sec.  217.10(a)(5) is subject to the minority 
interest limitations in this paragraph (b) if:
    (i) A consolidated subsidiary of the Board-regulated institution 
has issued regulatory capital that is not owned by the Board-regulated 
institution; and
    (ii) For each relevant regulatory capital ratio of the consolidated 
subsidiary, the ratio exceeds the sum of the subsidiary's minimum 
regulatory capital requirements plus its capital conservation buffer.
    (2) Difference in capital adequacy standards at the subsidiary 
level. For purposes of the minority interest calculations in this 
section, if the consolidated subsidiary issuing the capital is not 
subject to capital adequacy standards similar to those of the Board-
regulated institution, the Board-regulated institution must assume that 
the capital adequacy standards of the Board-regulated institution apply 
to the subsidiary.
    (3) Common equity tier 1 minority interest includable in the common 
equity tier 1 capital of the Board-regulated institution. For each 
consolidated subsidiary of a Board-regulated institution, the amount of 
common equity tier 1 minority interest the Board-regulated institution 
may include in common equity tier 1 capital is equal to:
    (i) The common equity tier 1 minority interest of the subsidiary; 
minus
    (ii) The percentage of the subsidiary's common equity tier 1 
capital that is not owned by the Board-regulated institution, 
multiplied by the difference between the common equity tier 1 capital 
of the subsidiary and the lower of:
    (A) The amount of common equity tier 1 capital the subsidiary must 
hold, or would be required to hold pursuant to this paragraph (b), to 
avoid restrictions on distributions and discretionary bonus payments 
under Sec.  217.11 or equivalent standards

[[Page 15303]]

established by the subsidiary's home country supervisor; or
    (B)(1) The expanded total risk-weighted assets of the Board-
regulated institution that relate to the subsidiary multiplied by
    (2) The common equity tier 1 capital ratio the subsidiary must 
maintain to avoid restrictions on distributions and discretionary bonus 
payments under Sec.  217.11 or equivalent standards established by the 
subsidiary's home country supervisor.
    (4) Tier 1 minority interest includable in the tier 1 capital of 
the Board-regulated institution. For each consolidated subsidiary of 
the Board-regulated institution, the amount of tier 1 minority interest 
the Board-regulated institution may include in tier 1 capital is equal 
to:
    (i) The tier 1 minority interest of the subsidiary; minus
    (ii) The percentage of the subsidiary's tier 1 capital that is not 
owned by the Board-regulated institution multiplied by the difference 
between the tier 1 capital of the subsidiary and the lower of:
    (A) The amount of tier 1 capital the subsidiary must hold, or would 
be required to hold pursuant to this paragraph (b), to avoid 
restrictions on distributions and discretionary bonus payments under 
Sec.  217.11 or equivalent standards established by the subsidiary's 
home country supervisor, or
    (B)(1) The expanded total risk-weighted assets of the Board-
regulated institution that relate to the subsidiary multiplied by
    (2) The tier 1 capital ratio the subsidiary must maintain to avoid 
restrictions on distributions and discretionary bonus payments under 
Sec.  217.11 or equivalent standards established by the subsidiary's 
home country supervisor.
    (5) Total capital minority interest includable in the total capital 
of the Board-regulated institution. For each consolidated subsidiary of 
the Board-regulated institution, the amount of total capital minority 
interest the Board-regulated institution may include in total capital 
is equal to:
    (i) The total capital minority interest of the subsidiary; minus
    (ii) The percentage of the subsidiary's total capital that is not 
owned by the Board-regulated institution multiplied by the difference 
between the total capital of the subsidiary and the lower of:
    (A) The amount of total capital the subsidiary must hold, or would 
be required to hold pursuant to this paragraph (b), to avoid 
restrictions on distributions and discretionary bonus payments under 
Sec.  217.11 or equivalent standards established by the subsidiary's 
home country supervisor, or
    (B)(1) The expanded total risk-weighted assets of the Board-
regulated institution that relate to the subsidiary multiplied by
    (2) The total capital ratio the subsidiary must maintain to avoid 
restrictions on distributions and discretionary bonus payments under 
Sec.  217.11 or equivalent standards established by the subsidiary's 
home country supervisor.
* * * * *
0
48. In Sec.  217.22:
0
a. Revise paragraphs (a)(1) and (4); and
0
b. Remove paragraph (a)(6); and
0
c. Redesignate paragraph (a)(7) as new paragraph (a)(6); and
0
d. Revise paragraphs (b)(2)(i) and (b)(2)(ii);
0
e. In paragraph (b)(2)(iii), remove the words ``an advanced approaches 
Board-regulated institution'' and add in their place the words ``a 
Category I Board-regulated institution, a Category II Board-regulated 
institution, or a Board-regulated institution that uses expanded total 
risk-weighted assets for purposes of Sec.  217.10(a)(5)'';
0
f. In paragraph (b)(2)(iv), remove the words ``or FR Y-9SP'';
0
g. In footnote 22, in paragraph (b)(2)(iv)(A), remove the words ``12 
CFR part 225 (Board)'', and add in its place ``12 CFR part 217 
(Board)'';
0
h. In footnote 23, in paragraph (c), remove the words ``ALLL or AACL, 
as applicable,'' and add in its places ``AACL'';
0
i. Revise paragraph (c)(2);
0
j. In paragraph (c)(4), remove the words ``an advanced approaches 
Board-regulated institution'' and add in their place the words ``a 
Category I Board-regulated institution, a Category II Board-regulated 
institution, or a Board-regulated institution that uses expanded total 
risk-weighted assets for purposes of Sec.  217.10(a)(5)'';
0
k. Revise paragraphs (c)(5)(i) through (iv); and
0
l. Revise paragraphs (c)(6) and (d)(2).
    The revisions read as follows:


Sec.  217.22  Regulatory capital adjustments and deductions.

    (a) * * *
    (1)(i) Goodwill, net of associated deferred tax liabilities (DTLs) 
in accordance with paragraph (e) of this section; and
    (ii) For a Category I Board-regulated institution, a Category II 
Board-regulated institution, or a Board-regulated institution that uses 
expanded total risk-weighted assets for purposes of Sec.  217.10(a)(5), 
goodwill that is embedded in the valuation of a significant investment 
in the capital of an unconsolidated financial institution in the form 
of common stock (and that is reflected in the consolidated financial 
statements of the Board-regulated institution), in accordance with 
paragraph (d) of this section;
* * * * *
    (4) (i) Any gain-on-sale in connection with a securitization 
exposure;
    (ii) For a Category I Board-regulated institution, a Category II 
Board-regulated institution, or a Board-regulated institution that uses 
expanded total risk-weighted assets for purposes of Sec.  217.10(a)(5), 
the portion of any CEIO that does not constitute an after-tax gain-on-
sale;
    (b) * * *
    (2) AOCI opt-out election.
    (i) A Board-regulated institution that is not a Category I Board-
regulated institution, a Category II Board-regulated institution, or a 
Board-regulated institution that uses the expanded total risk-weighted 
assets for purposes of Sec.  217.10(a)(5) may make a one-time election 
to opt out of the requirement to include all components of AOCI (with 
the exception of accumulated net gains and losses on cash flow hedges 
related to items that are not fair-valued on the balance sheet) in 
common equity tier 1 capital (AOCI opt-out election). A Board-regulated 
institution that makes an AOCI opt-out election in accordance with this 
paragraph (b)(2) must adjust common equity tier 1 capital as follows:
    (A) Subtract any net unrealized gains and add any net unrealized 
losses on available-for-sale securities;
    (B) Subtract any accumulated net gains and add any accumulated net 
losses on cash flow hedges;
    (C) Subtract any amounts recorded in AOCI attributed to defined 
benefit postretirement plans resulting from the initial and subsequent 
application of the relevant GAAP standards that pertain to such plans 
(excluding, at the Board-regulated institution's option, the portion 
relating to pension assets deducted under paragraph (a)(5) of this 
section); and
    (D) Subtract any net unrealized gains and add any net unrealized 
losses on held-to-maturity securities that are included in AOCI.
    (ii) A Board-regulated institution that is not a Category I Board-
regulated institution, a Category II Board-regulated institution, or a 
Board-regulated institution that uses expanded

[[Page 15304]]

total risk-weighted assets for purposes of Sec.  217.10(a)(5) must make 
its AOCI opt-out election in the Call Report, for a state member bank, 
or FR Y-9C, for a bank holding company or savings and loan holding 
company, during the first reporting period after the Board-regulated 
institution is required to comply with subpart A of this part. If the 
Board-regulated institution was previously a Category I Board-regulated 
institution, a Category II Board-regulated institution, or a Board-
regulated institution that uses expanded total risk-weighted assets for 
purposes of Sec.  217.10(a)(5), the Board-regulated institution may not 
make an AOCI opt-out election under this paragraph (b)(2)(ii).
* * * * *
    (c) * * *
    (2) Corresponding deduction approach. For purposes of subpart C of 
this part, the corresponding deduction approach is the methodology used 
for the deductions from regulatory capital related to reciprocal cross 
holdings (as described in paragraph (c)(3) of this section), 
investments in the capital of unconsolidated financial institutions for 
a Board-regulated institution that is not a Category I Board-regulated 
institution, a Category II Board-regulated institution, or a Board-
regulated institution that uses expanded total risk-weighted assets for 
purposes of Sec.  217.10(a)(5) (as described in paragraph (c)(4) of 
this section), non-significant investments in the capital of 
unconsolidated financial institutions for a Category I Board-regulated 
institution, a Category II Board-regulated institution, or a Board-
regulated institution that uses expanded total risk-weighted assets for 
purposes of Sec.  217.10(a)(5) (as described in paragraph (c)(5) of 
this section), and non-common stock significant investments in the 
capital of unconsolidated financial institutions for a Category I 
Board-regulated institution, a Category II Board-regulated institution, 
or a Board-regulated institution that uses expanded total risk-weighted 
assets for purposes of Sec.  217.10(a)(5) (as described in paragraph 
(c)(6) of this section). Under the corresponding deduction approach, a 
Board-regulated institution must make deductions from the component of 
capital for which the underlying instrument would qualify if it were 
issued by the Board-regulated institution itself, as described in 
paragraphs (c)(2)(i) through (iii) of this section. If the Board-
regulated institution does not have a sufficient amount of a specific 
component of capital to effect the required deduction, the shortfall 
must be deducted according to paragraph (f) of this section.
* * * * *
    (5) * * *
    (i) A Category I Board-regulated institution, a Category II Board-
regulated institution, or a Board-regulated institution that uses 
expanded total risk-weighted assets for purposes of Sec.  217.10(a)(5) 
must deduct its non-significant investments in the capital of 
unconsolidated financial institutions (as defined in Sec.  217.2) that, 
in the aggregate and together with any investment in a covered debt 
instrument (as defined in Sec.  217.2) issued by a financial 
institution in which the Board-regulated institution does not have a 
significant investment in the capital of the unconsolidated financial 
institution (as defined in Sec.  217.2), exceeds 10 percent of the sum 
of the Board-regulated institution's common equity tier 1 capital 
elements minus all deductions from and adjustments to common equity 
tier 1 capital elements required under paragraphs (a) through (c)(3) of 
this section (the 10 percent threshold for non-significant investments) 
by applying the corresponding deduction approach in paragraph (c)(2) of 
this section.\26\ The deductions described in this paragraph are net of 
associated DTLs in accordance with paragraph (e) of this section. In 
addition, with the prior written approval of the Board, a Category I 
Board-regulated institution, a Category II Board-regulated institution, 
or a Board-regulated institution that uses expanded total risk-weighted 
assets for purposes of Sec.  217.10(a)(5) that underwrites a failed 
underwriting, for the period of time stipulated by the Board, is not 
required to deduct from capital a non-significant investment in the 
capital of an unconsolidated financial institution or an investment in 
a covered debt instrument pursuant to this paragraph (c)(5) to the 
extent the investment is related to the failed underwriting.\27\ For 
any calculation under this paragraph (c)(5)(i), a Category I Board-
regulated institution, a Category II Board-regulated institution, or a 
Board-regulated institution that uses expanded total risk-weighted 
assets for purposes of Sec.  217.10(a)(5) may exclude the amount of an 
investment in a covered debt instrument under paragraph (c)(5)(iii) or 
(iv) of this section, as applicable.
    (ii) For a Category I Board-regulated institution, a Category II 
Board-regulated institution, or a Board-regulated institution that uses 
expanded total risk-weighted assets for purposes of Sec.  217.10(a)(5), 
the amount to be deducted under this paragraph (c)(5) from a specific 
capital component is equal to:
    (A) The Board-regulated institution's aggregate non-significant 
investments in the capital of an unconsolidated financial institution 
and, if applicable, any investments in a covered debt instrument 
subject to deduction under this paragraph (c)(5), exceeding the 10 
percent threshold for non-significant investments, multiplied by
    (B) The ratio of the Board-regulated institution's aggregate non-
significant investments in the capital of an unconsolidated financial 
institution (in the form of such capital component) to the Board-
regulated institution's total non-significant investments in 
unconsolidated financial institutions, with an investment in a covered 
debt instrument being treated as tier 2 capital for this purpose.
    (iii) For purposes of applying the deduction under paragraph 
(c)(5)(i) of this section, a Category II Board-regulated institution or 
a Board-regulated institution that uses expanded total risk-weighted 
assets for purposes of Sec.  217.10(a)(5) may exclude from the 
deduction the amount of the Board-regulated institution's gross long 
position, in accordance with Sec.  217.22(h)(2), in investments in 
covered debt instruments issued by financial institutions in which the 
Board-regulated institution does not have a significant investment in 
the capital of the unconsolidated financial institutions up to an 
amount equal to 5 percent of the sum of the Board-regulated 
institution's common equity tier 1 capital elements minus all 
deductions from and adjustments to common equity tier 1 capital 
elements required under paragraphs (a) through (c)(3) of this section, 
net of associated DTLs in accordance with paragraph (e) of this 
section.
    (iv) Prior to applying the deduction under paragraph (c)(5)(i) of 
this section:
    (A) A Category I Board-regulated institution may designate any 
investment in a covered debt instrument as an excluded covered debt 
instrument, as defined in Sec.  217.2.
    (B) A Category I Board-regulated institution must deduct, according 
to the corresponding deduction approach in paragraph (c)(2) of this 
section, its gross long position, calculated in accordance with 
paragraph (h)(2) of this section, in a covered debt instrument that was 
originally designated as an excluded covered debt instrument, in 
accordance with paragraph (c)(5)(iv)(A) of this section, but no longer 
qualifies as an excluded covered debt instrument.

[[Page 15305]]

    (C) A Category I Board-regulated institution must deduct according 
to the corresponding deduction approach in paragraph (c)(2) of this 
section the amount of its gross long position, calculated in accordance 
with paragraph (h)(2) of this section, in a direct or indirect 
investment in a covered debt instrument that was originally designated 
as an excluded covered debt instrument, in accordance with paragraph 
(c)(5)(iv)(A) of this section, and has been held for more than thirty 
business days.
    (D) A Category I Board-regulated institution must deduct according 
to the corresponding deduction approach in paragraph (c)(2) of this 
section its gross long position, calculated in accordance with 
paragraph (h)(2) of this section, of its aggregate position in excluded 
covered debt instruments that exceeds 5 percent of the sum of the 
Board-regulated institution's common equity tier 1 capital elements 
minus all deductions from and adjustments to common equity tier 1 
capital elements required under paragraphs (a) through (c)(3) of this 
section, net of associated DTLs in accordance with paragraph (e) of 
this section.
    (6) Significant investments in the capital of unconsolidated 
financial institutions that are not in the form of common stock. If a 
Category I Board-regulated institution, a Category II Board-regulated 
institution, or a Board-regulated institution that uses expanded total 
risk-weighted assets for purposes of Sec.  217.10(a)(5) has a 
significant investment in the capital of an unconsolidated financial 
institution, the Board-regulated institution must deduct from capital 
any such investment issued by the unconsolidated financial institution 
that is held by the Board-regulated institution other than an 
investment in the form of common stock, as well as any investment in a 
covered debt instrument issued by the unconsolidated financial 
institution, by applying the corresponding deduction approach in 
paragraph (c)(2) of this section.\28\ The deductions described in this 
section are net of associated DTLs in accordance with paragraph (e) of 
this section. In addition, with the prior written approval of the 
Board, for the period of time stipulated by the Board, a Category I 
Board-regulated institution, a Category II Board-regulated institution, 
or a Board-regulated institution that uses expanded total risk-weighted 
assets for purposes of Sec.  217.10(a)(5) that underwrites a failed 
underwriting is not required to deduct the significant investment in 
the capital of an unconsolidated financial institution or an investment 
in a covered debt instrument pursuant to this paragraph (c)(6) if such 
investment is related to such failed underwriting.
* * * * *
    (d) * * *
    (2) A Category I Board-regulated institution, a Category II Board-
regulated institution, or a Board-regulated institution that uses 
expanded total risk-weighted assets for purposes of Sec.  217.10(a)(5) 
must make deductions from regulatory capital as described in this 
paragraph (d)(2).
    (i) A Category I Board-regulated institution, a Category II Board-
regulated institution, or a Board-regulated institution that uses 
expanded total risk-weighted assets for purposes of Sec.  217.10(a)(5) 
must deduct from common equity tier 1 capital elements the amount of 
each of the items set forth in this paragraph (d)(2) that, 
individually, exceeds 10 percent of the sum of the Board-regulated 
institution's common equity tier 1 capital elements, less adjustments 
to and deductions from common equity tier 1 capital required under 
paragraphs (a) through (c) of this section (the 10 percent common 
equity tier 1 capital deduction threshold).
    (A) DTAs arising from temporary differences that the Board-
regulated institution could not realize through net operating loss 
carrybacks, net of any related valuation allowances and net of DTLs, in 
accordance with paragraph (e) of this section. A Category I Board-
regulated institution, a Category II Board-regulated institution, or a 
Board-regulated institution that uses expanded total risk-weighted 
assets for purposes of Sec.  217.10(a)(5) is not required to deduct 
from the sum of its common equity tier 1 capital elements DTAs (net of 
any related valuation allowances and net of DTLs, in accordance with 
Sec.  217.22(e)) arising from timing differences that the Board-
regulated institution could realize through net operating loss 
carrybacks. The Board-regulated institution must risk weight these 
assets at 100 percent. For a state member bank that is a member of a 
consolidated group for tax purposes, the amount of DTAs that could be 
realized through net operating loss carrybacks may not exceed the 
amount that the state member bank could reasonably expect to have 
refunded by its parent holding company.
    (B) Significant investments in the capital of unconsolidated 
financial institutions in the form of common stock, net of associated 
DTLs in accordance with paragraph (e) of this section.\30\ Significant 
investments in the capital of unconsolidated financial institutions in 
the form of common stock subject to the 10 percent common equity tier 1 
capital deduction threshold may be reduced by any goodwill embedded in 
the valuation of such investments deducted by the Board-regulated 
institution pursuant to paragraph (a)(1) of this section. In addition, 
with the prior written approval of the Board, for the period of time 
stipulated by the Board, a Category I Board-regulated institution, a 
Category II Board-regulated institution, or a Board-regulated 
institution that uses expanded total risk-weighted assets for purposes 
of Sec.  217.10(a)(5) that underwrites a failed underwriting is not 
required to deduct a significant investment in the capital of an 
unconsolidated financial institution in the form of common stock 
pursuant to this paragraph (d)(2) if such investment is related to such 
failed underwriting.
    (ii) A Category I Board-regulated institution, a Category II Board-
regulated institution, or a Board-regulated institution that uses 
expanded total risk-weighted assets for purposes of Sec.  217.10(a)(5) 
must deduct from common equity tier 1 capital elements the items listed 
in paragraph (d)(2)(i) of this section that are not deducted as a 
result of the application of the 10 percent common equity tier 1 
capital deduction threshold, and that, in aggregate, exceed 17.65 
percent of the sum of the Board-regulated institution's common equity 
tier 1 capital elements, minus adjustments to and deductions from 
common equity tier 1 capital required under paragraphs (a) through (c) 
of this section, minus the items listed in paragraph (d)(2)(i) of this 
section (the 15 percent common equity tier 1 capital deduction 
threshold). Any goodwill that has been deducted under paragraph (a)(1) 
of this section can be excluded from the significant investments in the 
capital of unconsolidated financial institutions in the form of common 
stock.\31\
    (iii) For purposes of calculating the amount of DTAs subject to the 
10 and 15 percent common equity tier 1 capital deduction thresholds, a 
Category I Board-regulated institution, a Category II Board-regulated 
institution, or a Board-regulated institution that uses expanded total 
risk-weighted assets for purposes of Sec.  217.10(a)(5) may exclude 
DTAs and DTLs relating to adjustments made to common equity tier 1 
capital under paragraph (b) of this section. A Category I Board-
regulated institution, a Category II Board-regulated institution, or a 
Board-regulated institution that uses expanded total risk-weighted 
assets for purposes of Sec.  217.10(a)(5) that elects to exclude DTAs 
relating to adjustments under paragraph (b) of this section also

[[Page 15306]]

must exclude DTLs and must do so consistently in all future 
calculations. A Category I Board-regulated institution, a Category II 
Board-regulated institution, or a Board-regulated institution that uses 
expanded total risk-weighted assets for purposes of Sec.  217.10(a)(5) 
may change its exclusion preference only after obtaining the prior 
approval of the Board.
* * * * *
    \26\ With the prior written approval of the Board, for the 
period of time stipulated by the Board, a Category I Board-regulated 
institution, a Category II Board-regulated institution, or a Board-
regulated institution that uses expanded total risk-weighted assets 
for purposes of Sec.  217.10(a)(5) is not required to deduct a non-
significant investment in the capital of an unconsolidated financial 
institution or an investment in a covered debt instrument pursuant 
to this paragraph if the financial institution is in distress and if 
such investment is made for the purpose of providing financial 
support to the financial institution, as determined by the Board.
    \27\ Any non-significant investment in the capital of an 
unconsolidated financial institution or any investment in a covered 
debt instrument that is not required to be deducted under this 
paragraph (c)(5) or otherwise under this section must be assigned 
the appropriate risk weight under subparts E or F of this part, as 
applicable.
    \28\ With prior written approval of the Board, for the period of 
time stipulated by the Board, a Category I Board-regulated 
institution, a Category II Board-regulated institution, or a Board-
regulated institution that uses expanded total risk-weighted assets 
for purposes of Sec.  217.10(a)(5) is not required to deduct a 
significant investment in the capital of an unconsolidated financial 
institution, including an investment in a covered debt instrument, 
under this paragraph (c)(6) or otherwise under this section if such 
investment is made for the purpose of providing financial support to 
the financial institution as determined by the Board.
* * * * *
    \30\ With the prior written approval of the Board, for the 
period of time stipulated by the Board, a Category I Board-regulated 
institution, a Category II Board-regulated institution, or a Board-
regulated institution that uses expanded total risk-weighted assets 
for purposes of Sec.  217.10(a)(5) is not required to deduct a 
significant investment in the capital instrument of an 
unconsolidated financial institution in distress in the form of 
common stock pursuant to this section if such investment is made for 
the purpose of providing financial support to the financial 
institution as determined by the Board.
    \31\ The amount of the items in paragraph (d)(2) of this section 
that is not deducted from common equity tier 1 capital pursuant to 
this section must be included in the risk-weighted assets of the 
Category I Board-regulated institution, a Category II Board-
regulated institution, or a Board-regulated institution that uses 
expanded total risk-weighted assets for purposes of Sec.  
217.10(a)(5) and assigned the appropriate risk weight for the 
investment under subpart E of this part for purposes of expanded 
total risk-weighted assets.

Subpart D--Risk-Weighted Assets--Standardized Approach


Sec.  217.30  [Amended]

0
49. In Sec.  217.30
0
a. Revise paragraph (a);
0
b. In paragraph (b), remove the words ``covered positions'' and add in 
their place the words ``market risk covered positions''.
    The revisions read as follows:
* * * * *
    (a) This subpart sets forth methodologies for determining 
standardized total risk-weighted assets. This subpart applies to any 
Board-regulated institution that elects to use this subpart under Sec.  
__.10(b).
* * * * *


Sec.  217.34  Derivative Contracts.

0
50. In Sec.  217.34, revise paragraph (a) to read as follows:
* * * * *
    (a) Exposure amount for derivatives contracts--(1) A Board-
regulated institution must use the current exposure methodology (CEM) 
described in paragraph (b) of this section to calculate the exposure 
amount for all its OTC derivative contracts, unless the Board-regulated 
institution makes the election provided in paragraph (a)(2) of this 
section.
    (2) A Board-regulated institution may elect to calculate the 
exposure amount for all its OTC derivative contracts under the 
standardized approach for counterparty credit risk (SA-CCR) in Sec.  
217.114 by notifying the Board, rather than calculating the exposure 
amount for all its derivative contracts using CEM. A Board-regulated 
institution that elects under this paragraph (a)(2) to calculate the 
exposure amount for its OTC derivative contracts under SA-CCR must 
apply the treatment of cleared transactions under Sec.  217.116 to its 
derivative contracts that are cleared transactions and to all default 
fund contributions associated with such derivative contracts, rather 
than applying Sec.  217.35. A Board-regulated institution must use the 
same methodology to calculate the exposure amount for all its 
derivative contracts and, if a Board-regulated institution has elected 
to use SA-CCR under this paragraph (a)(2), the Board-regulated 
institution may change its election only with prior approval of the 
Board.
* * * * *


Sec.  217.35  Cleared transactions.

0
51. In Sec.  217.35, revise paragraph (a)(3) to read as follows:
    (a) * * *
    (3) Alternate requirements. Notwithstanding any other provision of 
this section, a Board-regulated institution that has elected to use SA-
CCR under Sec.  217.34(a) must apply Sec.  217.116 to its derivative 
contracts that are cleared transactions rather than this section.
* * * * *
0
52. In Sec.  217.37, revise paragraph (c)(1) to read as follows:


Sec.  217. 37  Collateralized transactions.

* * * * *
    (c) Collateral haircut approach--(1) General. A Board-regulated 
institution may recognize the credit risk mitigation benefits of 
financial collateral that secures an eligible margin loan, repo-style 
transaction, collateralized derivative contract, or single-product 
netting set of such transactions, and of any collateral that secures a 
repo-style transaction that is included in the Board-regulated 
institution's measure for market risk under subpart F of this part by 
using the collateral haircut approach in this section. A Board-
regulated institution may use the standard supervisory haircuts in 
paragraph (c)(3) of this section or, with prior written approval of the 
Board, its own estimates of haircuts according to paragraph (c)(4) of 
this section.
* * * * *


Sec.  217.61217. 37  Collateralized transactions.

* * * * *
    (c) Collateral haircut approach--(1) General. A Board-regulated 
institution may recognize the credit risk mitigation benefits of 
financial collateral that secures an eligible margin loan, repo-style 
transaction, collateralized derivative contract, or single-product 
netting set of such transactions, and of any collateral that secures a 
repo-style transaction that is included in the Board-regulated 
institution's measure for market risk under subpart F of this part by 
using the collateral haircut approach in this section. A Board-
regulated institution may use the standard supervisory haircuts in 
paragraph (c)(3) of this section or, with prior written approval of the 
Board, its own estimates of haircuts according to paragraph (c)(4) of 
this section.
* * * * *


Sec.  217.61  [Amended]

0
53. In Sec.  217.61:
0
a. Remove the citation ``Sec.  217.172'' wherever it appears, and add 
in its place

[[Page 15307]]

the citations ``Sec. Sec.  217.160 and 217.161'' ; and
0
b. Remove the sentence ``An advanced approaches Board-regulated 
institution that has not received approval from the Board to exit 
parallel run pursuant to Sec.  217.121(d) is subject to the disclosure 
requirements described in Sec. Sec.  217.62 and 217.63.''.
0
54. In Sec.  217.63:
0
a. In table 3, revise entry (c); and
0
b. Remove paragraphs (d) and (e).
    The revision reads as follows:


Sec.  217.63  Disclosures by Board-regulated institutions described in 
Sec.  217.61.

* * * * *

               Table 3 to Sec.   217.63--Capital Adequacy
------------------------------------------------------------------------
 
------------------------------------------------------------------------
 
                              * * * * * * *
                                  (c)           Market risk-weighted
                                                 assets as calculated
                                                 under subpart F of this
                                                 part 217.
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

Subpart E--Risk-Weighted Assets--Expanded Risk-Based Approach


Sec.  217.141  Simple risk-weight approach (SRWA).

0
55. In Sec.  217.141, revise paragraph (b)(3)(i) to read as follows:
    (b) * * *
    (3) * * *
    (i) Community development equity exposures.
    (A) For state member banks and bank holding companies, an equity 
exposure that qualifies as a community development investment under 12 
U.S.C. 24 (Eleventh), excluding equity exposures to an unconsolidated 
small business investment company and equity exposures held through a 
consolidated small business investment company described in section 302 
of the Small Business Investment Act of 1958 (15 U.S.C. 682).
    (B) For savings and loan holding companies, an equity exposure that 
is designed primarily to promote community welfare, including the 
welfare of low- and moderate-income communities or families, such as by 
providing services or employment, and excluding equity exposures to an 
unconsolidated small business investment company and equity exposures 
held through a small business investment company described in section 
302 of the Small Business Investment Act of 1958 (15 U.S.C. 682).
* * * * *

Subpart G--Transition Provisions

0
56. In Sec.  217.300:
0
a. Revise paragraph (a);
0
b. Remove and reserve paragraphs (f) through (i).
    The revision and addition read as follows:


Sec.  217.300  Transitions.

    (a) Transition adjustments for AOCI. Beginning [January 1, 2027], a 
Board-regulated institution that uses expanded total risk-weighted 
assets for purposes of Sec.  217.10(a)(5) that had made an AOCI opt-out 
election under Sec.  217.22(b)(2) effective [December 31, 2026] must 
subtract from the sum of its common equity tier 1 elements, before 
making deductions required under Sec.  217.22(c) or (d), the AOCI 
adjustment amount multiplied by the percentage provided in Table 1 to 
Sec.  217.300.
    The transition AOCI adjustment amount is the sum of:
    (1) Net unrealized gains or losses on available-for-sale debt 
securities, plus
    (2) Accumulated net gains or losses on cash flow hedges, plus
    (3) Any amounts recorded in AOCI attributed to defined benefit 
postretirement plans resulting from the initial and subsequent 
application of the relevant GAAP standards that pertain to such plans, 
plus
    (4) Net unrealized holding gains or losses on held-to-maturity 
securities that are included in AOCI.

                                            Table 1 to Sec.   217.300
----------------------------------------------------------------------------------------------------------------
                                           Transition AOCI Adjustment
-----------------------------------------------------------------------------------------------------------------
                                                                        Percentage applicable to transition AOCI
                          Transition period                                        adjustment amount
----------------------------------------------------------------------------------------------------------------
January 1, 2027 to December 31, 2027.................................                                        100
January 1, 2028 to December 31, 2028.................................                                         80
January 1, 2029 to December 31, 2029.................................                                         60
January 1, 2030 to December 31, 2030.................................                                         40
January 1, 2031 to December 31, 2031.................................                                         20
January 1, 2032 and thereafter.......................................                                          0
----------------------------------------------------------------------------------------------------------------

* * * * *


Sec.  217.301   [Removed and Reserved]

0
57. Remove and reserve Sec.  217.301.
* * * * *


Sec.  217.303  [Removed and Reserved]

0
58. Remove and reserve Sec.  217.303.


Sec.  217.304  [Removed and Reserved]

0
59. Remove and reserve Sec.  217.304.


Sec.  Sec.  217.1, 217.2, 217.10, 217.12, 217.22, 217.35, 217.61, 
217.300, 217.302, 217.305, Appendix A to Part 217  [Amended]

0
60. In the table below, for each section indicated in the left column, 
remove the words indicated in the middle column from wherever it 
appears in the section, and add the words indicated in the right 
column:

[[Page 15308]]



------------------------------------------------------------------------
                                      Remove the       Add the following
            Sections:              following words:         words:
------------------------------------------------------------------------
217.1...........................  ``an advanced       ``a Category I
217.2...........................   approaches Board-   Board-regulated
217.12(a)(2) introductory text..   regulated           institution, a
217.22(b)(1)(ii), (b)(1)(iii),     institution''.      Category II Board-
 (c)(1), (c)(2)(ii)(D),                                regulated
 (c)(3)(ii), footnote [24] of                          institution, or a
 (c)(4), (c)(5)(iii), (d)(1),                          Board-regulated
 and (f);.                                             institution that
                                                       uses expanded
                                                       total risk-
                                                       weighted assets
                                                       for purposes of
                                                       Sec.
                                                       217.10(a)(5).''
217.61
217.300(c)
217.1(c)(5)(iii)................  ``advanced          ``Category I Board-
217.2...........................   approaches Board-   regulated
217.22(b)(1)(ii), (b)(1)(iii),     regulated           institution, a
 (c)(1), (c)(2)(ii)(D),            institution''.      Category II Board-
 (c)(3)(ii), (c)(5)(iii),                              regulated
 (d)(1), and (f); and.                                 institution, or a
                                                       Board-regulated
                                                       institution that
                                                       uses expanded
                                                       total risk-
                                                       weighted assets
                                                       for purposes of
                                                       Sec.
                                                       217.10(a)(5).''
217.1...........................  ``advanced          ``expanded total
217.10(d);......................   approaches total    risk-weighted
217.22(g);......................   risk-weighted       assets''.
217.302; and....................   assets''.
217.305.........................
217.22(b)(1)(ii) and (b)(1)(iii)  ``an advanced       ``a Category I
                                   approaches Board-   Board-regulated
                                   regulated           institution, a
                                   institution''.      Category II Board-
                                                       regulated
                                                       institution, or a
                                                       Board-regulated
                                                       institution that
                                                       uses expanded
                                                       total risk-
                                                       weighted assets
                                                       for purposes of
                                                       Sec.
                                                       217.10(a)(5)''.
217.2, in the definition of
 ``qualifying central
 counterparty (QCCP)''.
217.35(a)(3)....................  ``Sec.   217.133''  ``Sec.
                                                       217.114''.
Part 217 Appendix A.............  ``advanced          ``Category I-II
                                   approaches          institutions and
                                   institutions''.     institutions the
                                                       elect to use the
                                                       expanded risk-
                                                       based approach''.
                                  ``advanced          ``Category I-II
                                   approaches          banking
                                   banking             organizations and
                                   organizations''.    institutions that
                                                       elect to use the
                                                       expanded risk-
                                                       based approach''.
Part 217 Appendix A, paragraph    ``(FDIC)''........  ``(FDIC, and
 1.(a).                                                together with the
                                                       Board and OCC,
                                                       the agencies)''.
------------------------------------------------------------------------

0
61. In Appendix A to part 217, revise footnotes 2 and 4 to read as 
follows:

Appendix A to Part 217--The Federal Reserve Board's Framework for 
Implementing the Countercyclical Capital Buffer

* * * * *
    \2\ 12 CFR 217.11(b). The CCyB applies only to Category I-III 
banking organizations. See, e.g., 12 CFR 217.100(b).
* * * * *
    \4\ The CcyB was subject to a phase-in arrangement between 2016 
and 2019.
* * * * *
0
62. Redesignate the footnotes in part 217, as follows:

----------------------------------------------------------------------------------------------------------------
                           Section                               Current footnote number    New footnote number
----------------------------------------------------------------------------------------------------------------
217.2--``Cleared transaction''...............................                           3                      1
217.2--``Collateral agreement''..............................                           4                      2
217.2--``Eligible margin loan''..............................                           5                      3
217.2--``Eligible margin loan''..............................                           6                      4
217.2--``Qualifying master netting agreement''...............                           7                      5
217.2--``Repo-style transaction''............................                           8                      6
217.2--``Statutory multifamily mortgage''....................                           9                      7
217.20(b)(3).................................................                          11                      1
217.20(c)(1)(v)(C)...........................................                          12                      2
217.20(c)(1)(xiii)...........................................                          13                      3
217.20(c)(3)(i)..............................................                          14                      4
217.20(c)(3)(i)..............................................                          15                      5
217.20(c)(3)(ii).............................................                          16                      6
217.20(d)(1)(iv).............................................                          16                      7
217.20(d)(1)(v)(C)...........................................                          17                      8
217.20(d)(1)(ix).............................................                          18                      9
217.20(d)(4)(i)..............................................                          19                     10
217.20(d)(4)(i)..............................................                          20                     11
217.20(d)(4)(ii).............................................                          21                     12
217.22(b)(2)(iv)(A)..........................................                          22                      1
217.22(c) paragraph heading..................................                          23                      2
217.22(c)(4).................................................                          24                      3
217.22(c)(4).................................................                          25                      4
217.22(c)(5)(i)..............................................                          26                      5
217.22(c)(5)(i)..............................................                          27                      6
217.22(c)(6).................................................                          28                      7
217.22(d)(1)(i)..............................................                          29                      8
217.22(d)(2)(i)(C)...........................................                          30                      9

[[Page 15309]]

 
217.22(d)(2)(ii).............................................                          31                     10
----------------------------------------------------------------------------------------------------------------

PART 225--BANK HOLDING COMPANIES AND CHANGE IN BANK CONTROL 
(REGULATION Y)

0
63. 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, 3906, 
3907, and 3909; 15 U.S.C. 1681s, 1681w, 6801, and 6805.

Subpart A--General Provisions

0
64. In Sec.  225.8:
0
a. Remove paragraph (d)(1);
0
b. Redesignate paragraphs (d)(2) through (21) as (d)(1) through (20), 
respectively;
0
c. Revise newly redesignated paragraphs (d)(9) and (16); and
0
d. Revise paragraph (f)(2).
    The revisions and addition read as follows:


Sec.  225.8  Capital planning and stress capital buffer requirement.

* * * * *
    (d) * * *
    (9) Effective capital distribution limitations means any 
limitations on capital distributions established by the Board by order 
or regulation, including pursuant to 12 CFR 217.11, 225.4, 252.63, 
252.165, and 263.202.
* * * * *
    (16) Regulatory capital ratio means a capital ratio for which the 
Board has established minimum requirements for the bank holding company 
by regulation or order, including, as applicable, any regulatory 
capital ratios calculated under 12 CFR part 217 and the deductions 
required under 12 CFR 248.12.
* * * * *
    (f) * * *
    (2) Stress capital buffer requirement calculation. A bank holding 
company's stress capital buffer requirement is equal to the greater of:
    (i) The following calculation:
    (A) The bank holding company's common equity tier 1 capital ratio 
as of the last day of the previous capital plan cycle, unless otherwise 
determined by the Board; minus
    (B) The bank holding company's lowest projected common equity tier 
1 capital ratio in any quarter of the planning horizon under a 
supervisory stress test; plus
    (C) The ratio of:
    (1) The sum of the bank holding company's planned common stock 
dividends (expressed as a dollar amount) for each of the fourth through 
seventh quarters of the planning horizon; to
    (2) The risk-weighted assets of the bank holding company in the 
quarter in which the bank holding company had its lowest projected 
common equity tier 1 capital ratio in any quarter of the planning 
horizon under a supervisory stress test; and
    (ii) 2.5 percent.
* * * * *

PART 238--SAVINGS AND LOAN HOLDING COMPANIES (REGULATION LL)

0
65. The authority citation for part 238 continues to read as follows:

    Authority: 5 U.S.C. 552, 559; 12 U.S.C. 1462, 1462a, 1463, 1464, 
1467, 1467a, 1468, 5365; 1813, 1817, 1829e, 1831i, 1972; 15 U.S.C. 
78l.

Subpart O--Supervisory Stress Test Requirements for Covered Savings 
and Loan Holding Companies

0
66. In Sec.  238.130:
0
a. Remove the definition of ``Advanced approaches''; and
0
b. Revise the definition of ``Regulatory capital ratio''.
    The revision reads as follows:


Sec.  238.130  Definitions.

* * * * *
    Regulatory capital ratio means a capital ratio for which the Board 
has established minimum requirements for the company by regulation or 
order, including, as applicable, any regulatory capital ratios 
calculated under 12 CFR part 217 and the deductions required under 12 
CFR 248.12.
* * * * *

Subpart P--Company-Run Stress Test Requirements for Savings and 
Loan Holding Companies

0
67. In Sec.  238.141:
0
a. Remove the definition of ``Advanced approaches''; and
0
b. Revise the definition of ``Regulatory capital ratio''.
    The revision reads as follows:


Sec.  238.141  Definitions.

* * * * *
    Regulatory capital ratio means a capital ratio for which the Board 
has established minimum requirements for the company by regulation or 
order, including, as applicable, any regulatory capital ratios 
calculated under 12 CFR part 217 and the deductions required under 12 
CFR 248.12.
* * * * *

Subpart Q--Single Counterparty Credit Limits for Covered Savings 
and Loan Holding Companies

0
68. In Sec.  238.151:
0
a. Remove the words ``in table 1 to Sec.  217.132 of this chapter'' 
wherever they appear and add in their place the words ``in table 1 to 
Sec.  217.37 of this chapter or in table 1 to Sec.  217.121 of this 
chapter, as applicable'';
0
b. Remove the words ``(12 CFR part 217, subpart D)'' in paragraph 
(e)(4) and add in their place the words ``(12 CFR part 217, subpart D 
or E, as applicable)''; and
0
c. Revise paragraph (q).
    The revisions read as follows:


Sec.  238.151  Definitions.

* * * * *
    (q) Exempt counterparty means an entity that is identified as 
exempt from the requirements of this subpart under Sec.  252.77, or 
that is otherwise excluded from this subpart, including any sovereign 
entity assigned a zero percent risk weight under the standardized 
approach or the expanded risk-based approach in the Board's Regulation 
Q, as applicable (12 CFR part 217, subpart D or E, as applicable).
* * * * *


Sec.  238.153  [Amended]

0
69. In Sec.  238.153, remove the words ``any of the methods that the 
covered company is authorized to use under 12 CFR part 217, subparts D 
and E'' wherever they appear and add in their place the words ``any of 
the methods that the covered company is authorized to use under 12 CFR 
part 217, subparts D or E, as applicable''.


Sec.  238.154  [Amended]

0
70. Remove the words ``the currency mismatch adjustment approach of 
Sec.  217.37(c)(3)(ii) of the Board's Regulation Q (12 CFR 
217.37(c)(3)(ii))'' in paragraph (h)(1) and add in their place ``the 
currency mismatch adjustment approach of Sec.  217.37(c)(3)(ii) or 
Sec.  217.115(c)(2), as applicable, of the Board's Regulation Q (12 CFR 
217.37(c)(3)(ii) or 217.115(c)(2), as applicable)''.

[[Page 15310]]

Subpart S--Capital Planning and Stress Capital Buffer Requirement

0
71. In Sec.  238.170:
0
a. Remove paragraph (d)(1);
0
b. Redesignate paragraphs (d)(2) through (18) as (d)(1) through (17), 
respectively;
0
c. Revise newly redesignated paragraphs (d)(9) and (14); and
0
d. Revise paragraph (f)(2).
    The revisions and addition read as follows:


Sec.  238.170  Capital planning and stress capital buffer requirement.

* * * * *
    (d) * * *
    (9) Effective capital distribution limitations means any 
limitations on capital distributions established by the Board by order 
or regulation, including pursuant to 12 CFR 217.11.
* * * * *
    (14) Regulatory capital ratio means a capital ratio for which the 
Board has established minimum requirements for the covered savings and 
loan holding company by regulation or order, including, as applicable, 
any regulatory capital ratios calculated under 12 CFR part 217 and the 
deductions required under 12 CFR 248.12.
* * * * *
    (f) * * *
    (2) Stress capital buffer requirement calculation. A covered 
savings and loan holding company's stress capital buffer requirement is 
equal to the greater of:
    (i) The following calculation:
    (A) The covered savings and loan holding company's common equity 
tier 1 capital ratio as of the last day of the previous capital plan 
cycle, unless otherwise determined by the Board; minus
    (B) The covered savings and loan holding company's lowest projected 
common equity tier 1 capital ratio in any quarter of the planning 
horizon under a supervisory stress test; plus
    (C) The ratio of:
    (1) The sum of the covered savings and loan holding company's 
planned common stock dividends (expressed as a dollar amount) for each 
of the fourth through seventh quarters of the planning horizon; to
    (2) The risk-weighted assets of the covered savings and loan 
holding company in the quarter in which the covered savings and loan 
holding company had its lowest projected common equity tier 1 capital 
ratio in any quarter of the planning horizon under a supervisory stress 
test; and
    (ii) 2.5 percent.
* * * * *

PART 252--ENHANCED PRUDENTIAL STANDARDS (REGULATION YY)

0
72. The authority citation for part 252 continues to read as follows:

    Authority:  12 U.S.C. 321-338a, 481-486, 1467a, 1818, 1828, 
1831n, 1831o, 1831p-1, 1831w, 1835, 1844(b), 1844(c), 3101 et seq., 
3101 note, 3904, 3906-3909, 4808, 5361, 5362, 5365, 5366, 5367, 
5368, 5371.

Subpart B--Company-Run Stress Test Requirements for State Member 
Banks With Total Consolidated Assets Over $250 Billion

0
73. In Sec.  252.12:
0
a. Remove the definition of ``Advanced approaches''; and
0
b. Revise the definition of ``Regulatory capital ratio''.
    The revision reads as follows:


Sec.  252.12  Definitions.

* * * * *
    Regulatory capital ratio means a capital ratio for which the Board 
has established minimum requirements for the state member bank by 
regulation or order, including, as applicable, any regulatory capital 
ratios calculated under 12 CFR part 217 and the deductions required 
under 12 CFR 248.12.
* * * * *

Subpart E--Supervisory Stress Test Requirements for Certain U.S. 
Banking Organizations With $100 Billion or More in Total 
Consolidated Assets and Nonbank Financial Companies Supervised by 
the Board

0
74. In Sec.  252.42:
0
a. Remove the definition of ``Advanced approaches''; and
0
b. Revise the definition of ``Regulatory capital ratio''.
    The revision reads as follows:


Sec.  252.42  Definitions.

* * * * *
    Regulatory capital ratio means a capital ratio for which the Board 
has established minimum requirements for the company by regulation or 
order, including, as applicable, any regulatory capital ratios 
calculated under 12 CFR part 217 and the deductions required under 12 
CFR 248.12.
* * * * *

Subpart F--Company-Run Stress Test Requirements for Certain U.S. 
Bank Holding Companies and Nonbank Financial Companies Supervised 
by the Board

0
75. In Sec.  252.52:
0
a. Remove the definition of ``Advanced approaches''; and
0
b. Revise the definition of ``Regulatory capital ratio''.
    The revision reads as follows:


Sec.  252.52  Definitions.

* * * * *
    Regulatory capital ratio means a capital ratio for which the Board 
has established minimum requirements for the company by regulation or 
order, including, as applicable, any regulatory capital ratios 
calculated under 12 CFR part 217 and the deductions required under 12 
CFR 248.12.
* * * * *

Subpart G--External Long-Term Debt Requirement, External Total 
Loss-Absorbing Capacity Requirement and Buffer, and Restrictions on 
Corporate Practices for U.S. Global Systemically Important Banking 
Organizations

0
76. In Sec.  252.61:
0
a. Revise the definition of ``Common equity tier 1 capital ratio'';
0
b. Revision the definition of ``Supplementary leverage ratio'';
0
c. Revise the definition of ``Total leverage exposure''; and
0
d. Revise the definition of ``Total risk-weighted assets''.
    The revisions read as follows:


Sec.  252.61  Definitions.

* * * * *
    Common equity tier 1 capital ratio has the same meaning as in 12 
CFR 217.10(b)(1) and 12 CFR 217.10(d)(1).
* * * * *
    Supplementary leverage ratio has the same meaning as in 12 CFR 
217.10(c)(1).
* * * * *
    Total leverage exposure has the same meaning as in 12 CFR 
217.10(c)(2).
    Total risk-weighted assets means standardized total risk-weighted 
assets or expanded total risk-weighted assets, as applicable under part 
217 of this chapter.
* * * * *

Subpart H--Single-Counterparty Credit Limits

0
77. In Sec.  252.71:
0
a. Remove the words ``in Table 1 to Sec.  217.132 of the Board's 
Regulation Q (12 CFR 217.132)'' wherever they appear and add in their 
place the words ``in Table 1 to Sec.  217.121 of the Board's Regulation 
Q (12 CFR 217.121)'';
0
b. Remove the words ``(12 CFR part 217, subpart D)'' in paragraph 
(e)(4) and add in their place the words ``(12 CFR part 217, subpart D 
or E, as applicable)''; and
0
c. Revise paragraph (q).
    The revisions read as follows:

[[Page 15311]]

Sec.  252.71  Definitions.

* * * * *
    (q) Exempt counterparty means an entity that is identified as 
exempt from the requirements of this subpart under Sec.  252.77, or 
that is otherwise excluded from this subpart, including any sovereign 
entity assigned a zero percent risk weight under the standardized 
approach or the expanded risk-based approach in the Board's Regulation 
Q, as applicable (12 CFR part 217, subpart D or E, as applicable).
* * * * *


Sec.  252.73  [Amended]

0
78. In Sec.  252.73, remove the words ``any of the methods that the 
covered company is authorized to use under the Board's Regulation Q (12 
CFR part 217, subparts D and E)'' wherever they appear and add, in 
their place, the words ``any of the methods that the covered company is 
authorized to use under the Board's Regulation Q (12 CFR part 217, 
subparts D or E, as applicable)''.


Sec.  272.74  [Amended]

0
79. In Sec.  252.74, remove the words ``the currency mismatch 
adjustment approach of Sec.  217.37(c)(3)(ii) of the Board's Regulation 
Q (12 CFR 217.37(c)(3)(ii))'' in paragraph (h)(1) and add in their 
place ``the currency mismatch adjustment approach of Sec.  
217.37(c)(3)(ii) or Sec.  217.115(c)(2), as applicable, of the Board's 
Regulation Q (12 CFR 217.37(c)(3)(ii) or 217.115(c)(2), as 
applicable)''.

Subpart N--Enhanced Prudential Standards for Foreign Banking 
Organizations With Total Consolidated Assets of $100 Billion or 
More and Combined U.S. Assets of Less Than $100 Billion

0
80. In Sec.  252.147, revise paragraph (e)(1)(i) to read as follows:


Sec.  252.147  U.S. intermediate holding company requirement for 
foreign banking organizations with combined U.S. assets of less than 
$100 billion and U.S. non-branch assets of $50 billion or more.

* * * * *
    (e) * * *
    (1) * * *
    (i) A U.S. intermediate holding company must comply with 12 CFR 
part 217 in the same manner as a bank holding company.
* * * * *

Subpart O--Enhanced Prudential Standards for Foreign Banking 
Organizations With Total Consolidated Assets of $100 Billion or 
More and Combined U.S. Assets of $100 Billion or More

0
81. In Sec.  252.153, revise paragraph (e)(1)(i) to read as follows:


Sec.  252.153  U.S. intermediate holding company requirement for 
foreign banking organizations with combined U.S. assets of $100 billion 
or more and U.S. non-branch assets of $50 billion or more.

* * * * *
    (e) * * *
    (1) * * *
    (i) A U.S. intermediate holding company must comply with 12 CFR 
part 217 in the same manner as a bank holding company.
* * * * *

Subpart P--Covered IHC Long-Term Debt Requirement, Covered IHC 
Total Loss Absorbing Capacity Requirement and Buffer, and 
Restrictions on Corporate Practices for Intermediate Holding 
Companies of Global Systemically Important Foreign Banking 
Organizations

0
82. In Sec.  252.161:
0
a. Revise the definition of ``Common equity tier 1 capital ratio'';
0
b. Remove the definition of ``Standardized total risk-weighted 
assets'';
0
c. Revise the definition of ``Supplementary leverage ratio'';
0
d. Revise the definition of ``Total leverage exposure''; and
0
e. Revise the definition of ``Total risk-weighted assets''.
    The revisions read as follows:


Sec.  252.161  Definitions.

* * * * *
    Common equity tier 1 capital ratio has the same meaning as in 12 
CFR 217.10(b)(1) and 12 CFR 217.10(d)(1).
* * * * *
    Supplementary leverage ratio has the same meaning as in 12 CFR 
217.10(c)(1).
* * * * *
    Total leverage exposure has the same meaning as in 12 CFR 
217.10(c)(2).
    Total risk-weighted assets means standardized total risk-weighted 
assets or expanded total risk-weighted assets, as applicable under part 
217 of this chapter.
* * * * *

Subpart Q--Single Counterparty Credit Limits

0
83. In Sec.  252.171:
0
a. Remove the words ``in Table 1 to Sec.  217.132 of the Board's 
Regulation Q (12 CFR 217.132)'' wherever they appear and add in their 
place the words ``in Table 1 to Sec.  217.121 of the Board's Regulation 
Q (12 CFR 217.121)'';
0
b. Remove the words ``(12 CFR part 217, subpart D)'' in paragraph 
(f)(4) and add in their place the words ``(12 CFR part 217, subpart D 
or E, as applicable)''; and
0
c. Revise paragraph (r).
    The revisions read as follows:


Sec.  252.171  Definitions.

* * * * *
    (r) Exempt counterparty means an entity that is identified as 
exempt from the requirements of this subpart under Sec.  252.177, or 
that is otherwise excluded from this subpart, including any sovereign 
entity assigned a zero percent risk weight under the standardized 
approach or the expanded risk-based approach in the Board's Regulation 
Q, as applicable (12 CFR part 217, subpart D or E, as applicable).
* * * * *


Sec.  252.173  [Amended]

0
84. In Sec.  252.173, remove the words ``any of the methods that the 
covered company is authorized to use under the Board's Regulation Q (12 
CFR part 217, subparts D and E)'' wherever they appear and add, in 
their place, the words ``any of the methods that the covered company is 
authorized to use under the Board's Regulation Q (12 CFR part 217, 
subparts D or E, as applicable)''.


Sec.  252.174  [Amended]

0
85. In Sec.  252.174, remove the words ``the currency mismatch 
adjustment approach of Sec.  217.37(c)(3)(ii) of the Board's Regulation 
Q (12 CFR 217.37(c)(3)(ii))'' in paragraph (h)(1) and add in their 
place ``the currency mismatch adjustment approach of Sec.  
217.37(c)(3)(ii) or Sec.  217.115(c)(2), as applicable, of the Board's 
Regulation Q (12 CFR 217.37(c)(3)(ii) or 217.115(c)(2), as 
applicable)''.

Federal Deposit Insurance Corporation

12 CFR Chapter III

Authority and Issuance

    For the reasons stated in the common preamble, the Federal Deposit 
Insurance Corporation proposes to amend 12 CFR part 324 as follows:

PART 324--CAPITAL ADEQUACY OF FDIC-SUPERVISED INSTITUTIONS

0
86. The authority citation for part 324 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),

[[Page 15312]]

1828(n), 1828(o), 1831o, 1835, 3907, 3909, 4808; 5371; 5412; Public 
Law 102-233, 105 Stat. 1761, 1789, 1790 (12 U.S.C. 1831n note); 
Public Law 102-242, 105 Stat. 2236, 2355, as amended by Public Law 
103-325, 108 Stat. 2160, 2233 (12 U.S.C. 1828 note); Public Law 102-
242, 105 Stat. 2236, 2386, as amended by Public Law 102-550, 106 
Stat. 3672, 4089 (12 U.S.C. 1828 note); Public Law 111-203, 124 
Stat. 1376, 1887 (15 U.S.C. 78o-7 note), Public Law 115-174; section 
4014 Sec.  201, Public Law 116-136, 134 Stat. 281 (15 U.S.C. 9052).

0
87. Revise subpart E and subpart F of part 324 as set forth at the end 
of the common preamble.
0
88. For purposes of part 324, subpart E and subpart F of the common 
rule are amended as follows:
0
a. Remove ``[AGENCY]'' and add ``FDIC'' in its place wherever it 
appears;
0
b. Remove ``[BANKING ORGANIZATION]'' and add ``FDIC-supervised 
institution'' in its place wherever it appears;
0
c. Remove ``[BANKING ORGANIZATIONS]'' and add ``FDIC-supervised 
institutions'' in its place wherever it appears;
0
d. Remove ``[REAL ESTATE LENDING GUIDELINES]'' and add ``12 CFR part 
365, Subpart A, Appendix A'' in its place wherever it appears;
0
e. Remove ``[APPRAISAL RULE]'' and add ``12 CFR part 323, Subpart A'' 
in its place wherever it appears;
0
f. Remove ``__.'' and add ``324.'' in its place wherever it appears;
0
g. Remove ``[REGULATORY REPORT]'' and add ``Call Report'' in its place 
wherever it appears.

Subpart A--General Provisions

0
89. In Sec.  324.1:
0
a. Revise paragraph (c)(3);
0
b. Revise paragraph (e);
0
c. Revise paragraph (f); and
0
d. Add paragraph (g).
    The additions and revisions read as follows:


Sec.  324.1  Purpose, applicability, reservations of authority, and 
timing.

* * * * *
    (c) * * *
    (3) Risk-weighted assets. Each FDIC-supervised institution must 
calculate either standardized total risk-weighted assets or expanded 
total risk-weighted assets, as necessary to satisfy the requirements of 
Sec.  324.10(b) or (d), as applicable.
* * * * *
    (e) Notice and response procedures. In making a determination under 
this part, unless more specifically provided for, the FDIC will apply 
notice and response procedures in the same manner and to the same 
extent as the notice and response procedures in 12 CFR 324.7(c).
* * * * *
    (f) Transitions and timing--(1) Transitions. Notwithstanding any 
other provision of this part, an FDIC-supervised institution must make 
any adjustments provided in subpart G of this part for purposes of 
implementing this part.
    (2) Timing. An FDIC-supervised institution that changes from one 
category to another category, or that changes from having no category 
to having a category, must comply with the requirements of its category 
in this part, including applicable transition provisions of the 
requirements in this part, no later than on the first day of the second 
quarter following the change in the FDIC-supervised institution's 
category.
* * * * *
    (g) Severability. If any provision of this part, or the application 
thereof to any person or circumstances, is held invalid, such 
invalidity shall not affect the validity of other provisions or the 
application of such provision to other persons or circumstances that 
can be given effect without the invalid provision or application.
* * * * *
0
90. Amend Sec.  324.2 as follows:
0
a. Redesignate footnotes 3 through 9 as footnotes 1 through 7, 
respectively;
0
b. Revise the definition of ``Adjusted allowances for credit losses 
(AACL)'';
0
c. Remove the definitions for ``Advanced approaches FDIC-supervised 
institution'', ``Advanced approaches total risk-weighted assets'', and 
``Advanced market risk-weighted assets'';
0
d. Remove the definition of ``Allowances for loan and lease losses 
(ALLL)'';
0
e. Remove the definition for ``Bank'';
0
f. Revise the definition for ``Carrying value'';
0
g. Add, in alphabetical order, the definition for ``Category I FDIC-
supervised institution'';
0
h. Revise the definitions for ``Category II FDIC-supervised 
institution'' and ``Category III FDIC-supervised institution'';
0
i. Add the definition for ``Category IV FDIC-supervised institution'' 
in alphabetical order;
0
j. Revise newly redesignated footnote 1 to paragraph (2) of the 
definition for ``Cleared transaction'';
0
k. Revise the definition for ``Commitment'';
0
l. Revise the definition for ``Corporate exposure'';
0
m. Remove the definition for ``Credit-risk-weighted assets'';
0
n. Add the definition for ``CVA risk-weighted assets'' in alphabetical 
order;
0
o. Add the definition of ``Dependent on the cash flows generated by the 
real estate'' in alphabetical order;
0
p. Revise the definitions for ``Effective notional amount'' and 
``Eligible clean-up call'';
0
q. Remove the definition for ``Eligible credit reserves'';
0
r. Revise the definition for ``Eligible guarantee'';
0
s. Add the definitions for ``Eligible prepaid credit protection 
arrangement'', ``ERBA FDIC-supervised institution'', and ``Expanded 
total risk-weighted assets'' in alphabetical order;
0
t. Remove the definition for ``Expected credit loss (ECL)'';
0
u. Revise the definitions for ``Exposure amount'', ``FDIC-supervised 
institution'', paragraphs (4)(i)(A) and (5)(i) of ``Financial 
institution'', and ``Market risk FDIC-supervised institution'';
0
v. Add the definition for ``Market risk-weighted assets'' in 
alphabetical order;
0
w. Revise the definitions for ``Net independent collateral amount'' and 
``Netting set'';
0
x. Add, in alphabetical order, the definitions for ``Non-performing 
loan securitization (NPL securitization)'' and ``Nonrefundable purchase 
price discount (NRPPD)'';
0
y. Revise the definition for ``Protection amount (P)'';
0
z. Add the definition for ``Prepaid credit protection arrangement'' and 
``Qualifying cross-product master netting agreement'' in alphabetical 
order;
0
aa. In the definition for ``Residential mortgage exposure'':
0
i. Remove paragraph (2);
0
ii. Redesignate paragraphs (1)(i) and (ii) as paragraphs (1) and (2), 
respectively; and
0
iii. In newly redesignated paragraph (2), remove the words ``family; 
and'' and add, in their place, the word ``family.'';
0
bb. Remove the definition for ``Securitization special purpose entity 
(securitization SPE)'';
0
cc. Remove the definition for ``Specific wrong-way risk'';
0
dd. Add the definition of ``Specified supranational entity'' in 
alphabetical order;
0
ee. Revise the definitions for ``Speculative grade'', ``Standardized 
market risk-weighted assets'', ``Standardized total risk-weighted 
assets'', and ``Sub-speculative grade'';
0
ff. Add, in alphabetical order, the definition for ``Synthetic excess 
spread'';
0
gg. Revise the definition of ``Synthetic securitization'';

[[Page 15313]]

0
hh. Add the definition for ``Total credit risk-weighted assets'' in 
alphabetical order;
0
ii. Revise the definition for ``Traditional securitization'';
0
jj. Remove the definition for ``Value-at-Risk (VaR)'';
0
kk. Revise the definition for ``Variation margin amount''; and
0
ll. Remove the definition of ``Unconditionally cancelable''.
    The additions and revisions read as follows:


Sec.  324.2  Definitions

* * * * *
    Adjusted allowances for credit losses (AACL) means valuation 
allowances that have been established through a charge against earnings 
or retained earnings for expected credit losses on financial assets 
measured at amortized cost and a lessor's net investment in leases that 
have been established to reduce the amortized cost basis of the assets 
to amounts expected to be collected as determined in accordance with 
GAAP. For purposes of this part, adjusted allowances for credit losses 
include allowances for expected credit losses on off-balance sheet 
credit exposures not accounted for as insurance as determined in 
accordance with GAAP. Adjusted allowances for credit losses exclude 
allocated transfer risk reserves and allowances created that reflect 
credit losses on purchased credit deteriorated assets, purchased 
seasoned loans, assets required to record an allowance for credit 
losses through a gross-up adjustment to the purchase price of the 
asset, and available-for-sale debt securities.
* * * * *
    Carrying value means, with respect to an asset, the value of the 
asset on the balance sheet of the FDIC-supervised institution as 
determined in accordance with GAAP. For all assets other than 
available-for-sale debt securities, purchased credit deteriorated 
assets, purchased seasoned loans, or assets required to record an 
allowance for credit losses through a gross-up adjustment to the 
purchase price of the asset, the carrying value is not reduced by any 
associated credit loss allowance that is determined in accordance with 
GAAP.
    Category I FDIC-supervised institution means an FDIC-supervised 
institution that is a subsidiary of a global systemically important 
BHC, as defined pursuant to 12 CFR 252.5.
    Category II FDIC-supervised institution means an FDIC-supervised 
institution that is not a subsidiary of a global systemically important 
BHC, as defined pursuant to 12 CFR 252.5, and that:
    (1) Is a subsidiary of a Category II banking organization, as 
defined pursuant to 12 CFR 252.5 or 12 CFR 238.10, as applicable; or
    (2)(i) Has total consolidated assets, calculated based on the 
average of the FDIC-supervised institution's total consolidated assets 
for the four most recent calendar quarters, as reported on the Call 
Report, equal to $700 billion or more. If the FDIC-supervised 
institution has not filed the Call Report for each of the four most 
recent calendar quarters, total consolidated assets is calculated based 
on its total consolidated assets, as reported on the Call Report, for 
the most recent quarter or the average of the most recent quarters, as 
applicable; or
    (ii)(A) Has total consolidated assets, calculated based on the 
average of the FDIC-supervised institution's total consolidated assets 
for the four most recent calendar quarters, as reported on the Call 
Report, of $100 billion or more but less than $700 billion. If the 
FDIC-supervised institution has not filed the Call Report for each of 
the four most recent quarters, total consolidated assets is based on 
its total consolidated assets, as reported on the Call Report, for the 
most recent quarter or average of the most recent quarters, as 
applicable; and
    (B) Has cross-jurisdictional activity, calculated based on the 
average of its cross-jurisdictional activity for the four most recent 
calendar quarters, of $75 billion or more. Cross-jurisdictional 
activity is the sum of cross-jurisdictional claims and cross-
jurisdictional liabilities, calculated in accordance with the 
instructions to the FR Y-15 or equivalent reporting form.
    (3) After meeting the criteria in paragraph (2) of this definition, 
an FDIC supervised-institution continues to be a Category II FDIC-
supervised institution until the FDIC-supervised institution has:
    (i) Less than $700 billion in total consolidated assets, as 
reported on the Call Report, for each of the four most recent calendar 
quarters; and
    (ii) (A) Less than $75 billion in cross-jurisdictional activity for 
each of the four most recent calendar quarters. Cross-jurisdictional 
activity is the sum of cross-jurisdictional claims and cross-
jurisdictional liabilities, calculated in accordance with the 
instructions to the FR Y-15 or equivalent reporting form; or
    (B) Less than $100 billion in total consolidated assets, as 
reported on the Call Report, for each of the four most recent calendar 
quarters.
    Category III FDIC-supervised institution means an FDIC-supervised 
institution that is not a Category II FDIC-supervised institution and 
that:
    (1) Is a subsidiary of a Category III banking organization, as 
defined pursuant to 12 CFR 252.5 or 12 CFR 238.10, as applicable; or
    (2)(i) Has total consolidated assets, calculated based on the 
average of the FDIC-supervised institution's total consolidated assets 
for the four most recent calendar quarters as reported on the Call 
Report, equal to $250 billion or more. If the FDIC-supervised 
institution has not filed the Call Report for each of the four most 
recent calendar quarters, total consolidated assets is calculated based 
on its total consolidated assets, as reported on the Call Report, for 
the most recent quarter or average of the most recent quarters, as 
applicable; or
    (ii)(A) Has total consolidated assets, calculated based on the 
average of the FDIC-supervised institution's total consolidated assets 
for the four most recent calendar quarters as reported on the Call 
Report, of $100 billion or more but less than $250 billion. If the 
FDIC-supervised institution has not filed the Call Report for each of 
the four most recent calendar quarters, total consolidated assets is 
calculated based on its total consolidated assets, as reported on the 
Call Report, for the most recent quarter or average of the most recent 
quarters, as applicable; and
    (B) Has at least one of the following in paragraphs (2)(ii)(B)(1) 
through (3) of this definition, each calculated as the average of the 
four most recent calendar quarters, or if the FDIC-supervised 
institution has not filed each applicable reporting form for each of 
the four most recent calendar quarters, for the most recent quarter or 
quarters, as applicable:
    (1) Total nonbank assets, calculated in accordance with the 
instructions to the FR Y-9LP or equivalent reporting form, equal to $75 
billion or more;
    (2) Off-balance sheet exposure equal to $75 billion or more. Off-
balance sheet exposure is the FDIC-supervised institution's total 
exposure, calculated in accordance with the instructions to the FR Y-15 
or equivalent reporting form, minus the FDIC-supervised institution's 
total consolidated assets, as reported on the Call Report; or
    (3) Weighted short-term wholesale funding, calculated in accordance 
with the instructions to the FR Y-15 or equivalent reporting form, 
equal to $75 billion or more.
    (iii) After meeting the criteria in paragraph (2)(ii) of this 
definition, an FDIC-supervised institution continues to be a Category 
III FDIC-supervised institution until the FDIC-supervised institution:
    (A) Has:

[[Page 15314]]

    (1) Less than $250 billion in total consolidated assets, as 
reported on the Call Report, for each of the four most recent calendar 
quarters;
    (2) Less than $75 billion in total nonbank assets, calculated in 
accordance with the instructions to the FR Y-9LP or equivalent 
reporting form, for each of the four most recent calendar quarters;
    (3) Less than $75 billion in weighted short-term wholesale funding, 
calculated in accordance with the instructions to the FR Y-15 or 
equivalent reporting form, for each of the four most recent calendar 
quarters; and
    (4) Less than $75 billion in off-balance sheet exposure for each of 
the four most recent calendar quarters. Off-balance sheet exposure is 
an FDIC-supervised institution's total exposure, calculated in 
accordance with the instructions to the FR Y-15 or equivalent reporting 
form, minus the total consolidated assets of the FDIC-supervised 
institution, as reported on the Call Report; or
    (B) Has less than $100 billion in total consolidated assets, as 
reported on the Call Report, for each of the four most recent calendar 
quarters; or
    (C) Is a Category II FDIC-supervised institution.
    Category IV FDIC-supervised institution means an FDIC-supervised 
institution that is not a Category II FDIC-supervised institution or a 
Category III FDIC-supervised institution, and that:
    (1) Is a subsidiary of a Category IV banking organization, as 
defined pursuant to 12 CFR 252.5 or 12 CFR 238.10, as applicable; or:
    (2) Has total consolidated assets, calculated based on the average 
of the FDIC-supervised institution's total consolidated assets for the 
four most recent calendar quarters as reported on the Call Report, of 
$100 billion or more. If the FDIC-supervised institution has not filed 
the Call Report for each of the four most recent calendar quarters, 
total consolidated assets is calculated based on the average of its 
total consolidated assets, as reported on the Call Report, for the most 
recent quarter(s) available.
    (3) After meeting the criterion in paragraph (2) of this 
definition, an FDIC-supervised institution continues to be a Category 
IV FDIC-supervised institution until it:
    (i) Has less than $100 billion in total consolidated assets, as 
reported on the Call Report, for each of the four most recent calendar 
quarters; or
    (ii) Is a Category II FDIC-supervised institution or Category III 
FDIC-supervised institution.
* * * * *
    Cleared transaction * * *
    (2) * * * \1\

    \1\ For the standardized approach treatment of these exposures, 
see Sec.  324.34(e) (OTC derivative contracts) or Sec.  324.37(c) 
(repo-style transactions). For the expanded risk-based approach 
treatment of these exposures, see Sec.  324.113.
* * * * *
    Commitment means a contractual arrangement, under which an FDIC-
supervised institution and an obligor agree to terms applicable to one 
or more future extensions of credit, purchases of assets, or issuances 
of credit substitutes by the FDIC-supervised institution, whether or 
not such arrangement is unconditionally cancelable. A commitment is 
unconditionally cancelable if, by its terms, it either: (a) provides 
that an FDIC-supervised institution is not obligated to extend credit, 
purchase assets, or issue credit substitutes; or (b) permits a FDIC-
supervised institution, at any time, with or without cause, to refuse 
to extend credit, purchase assets, or issue credit substitutes under 
the arrangement (to the extent permitted under applicable law).
* * * * *
    Corporate exposure means an exposure to a company that is not:
    (1) An exposure to a sovereign, a specified supranational entity, a 
multi-lateral development bank (MDB), a depository institution, a 
foreign bank, or a credit union, a public sector entity (PSE);
    (2) An exposure to a government-sponsored enterprise (GSE);
    (3) For purposes of subpart D of this part, a residential mortgage 
exposure;
    (4) A pre-sold construction loan;
    (5) A statutory multifamily mortgage;
    (6) A high volatility commercial real estate (HVCRE) exposure;
    (7) A cleared transaction;
    (8) A default fund contribution;
    (9) A securitization exposure;
    (10) An equity exposure;
    (11) An unsettled transaction;
    (12) A policy loan;
    (13) A separate account;
    (14) A Paycheck Protection Program covered loan as defined in 
section 7(a)(36) or (37) of the Small Business Act (15 U.S.C. 
636(a)(36)-(37));
    (15) For purposes of subpart E of this part, a real estate 
exposure, as defined in Sec.  324.101; or
    (16) For purposes of subpart E of this part, a retail exposure as 
defined in Sec.  324.101.
* * * * *
    CVA risk-weighted assets means the measure for CVA risk calculated 
under Sec.  324.221(a) multiplied by 12.5.
* * * * *
    Dependent on the cash flows generated by the real estate means, for 
a real estate exposure, the underwriting, at the time of origination, 
includes the cash flows generated by lease, rental, or sale of the real 
estate securing the loan as a source of repayment. For purposes of this 
definition, a residential mortgage exposure that is secured by the 
borrower's principal residence is deemed not dependent on the cash 
flows generated by the real estate.
* * * * *
    Effective notional amount means for an eligible guarantee, eligible 
credit derivative, or eligible prepaid credit protection arrangement, 
the lesser of the contractual notional amount of the credit risk 
mitigant and the exposure amount of the hedged exposure, multiplied by 
the percentage coverage of the credit risk mitigant.
* * * * *
    Eligible clean-up call means a clean-up call that:
    (1) Is exercisable solely at the discretion of the originating 
FDIC-supervised institution or servicer;
    (2) Is not structured to avoid allocating losses to securitization 
exposures held by investors or otherwise structured to provide credit 
enhancement to the securitization; and
    (3) Is only exercisable:
    (i) For a traditional securitization, when 10 percent or less of 
the principal amount of the underlying exposures or securitization 
exposures (determined as of the inception of the securitization) is 
outstanding;
    (ii) For a synthetic securitization, when 10 percent or less of the 
principal amount of the reference portfolio of underlying exposures 
(determined as of the inception of the securitization) is outstanding;
    (iii) Upon the occurrence of a regulatory event that significantly 
changes the risk-weighted asset amount for the securitization exposure 
under this part; or
    (iv) Upon the occurrence of a tax event that significantly changes 
the tax treatment of the securitization exposure under applicable tax 
laws.
* * * * *
    Eligible guarantee means a guarantee that:
    (1) Is written;
    (2) Is either:
    (i) Unconditional, or
    (ii) A contingent obligation of the U.S. government or its 
agencies, the enforceability of which is dependent upon some 
affirmative action on the part of the beneficiary of the guarantee or a 
third party (for example, meeting servicing requirements);

[[Page 15315]]

    (3) Covers all or a pro rata portion of all contractual payments of 
the obligated party on the reference exposure;
    (4) Gives the beneficiary a direct claim against the protection 
provider;
    (5) Is not unilaterally cancelable by the protection provider for 
reasons other than the breach of the contract by the beneficiary;
    (6) Except for a guarantee by a sovereign, is legally enforceable 
against the protection provider in a jurisdiction where the protection 
provider has sufficient assets against which a judgment may be attached 
and enforced;
    (7) Requires the protection provider to make payment to the 
beneficiary on the occurrence of a default (as defined in the 
guarantee) of the obligated party on the reference exposure in a timely 
manner without the beneficiary first having to take legal actions to 
pursue the obligor for payment;
    (8) Does not increase the beneficiary's cost of credit protection 
on the guarantee in response to deterioration in the credit quality of 
the reference exposure;
    (9) Is not provided by an affiliate of the FDIC-supervised 
institution, unless the affiliate is an insured depository institution, 
foreign bank, securities broker or dealer, or insurance company that:
    (i) Does not control the FDIC-supervised institution; and
    (ii) Is subject to consolidated supervision and regulation 
comparable to that imposed on depository institutions, U.S. securities 
broker-dealers, or U.S. insurance companies (as the case may be); and
    (10) Is provided by an eligible guarantor.
* * * * *
    Eligible prepaid credit protection arrangement means a prepaid 
credit protection arrangement that:
    (1) Is written;
    (2) Is unconditional;
    (3) Covers all or a pro rata portion of all contractual payments 
due to be paid on the reference exposure or reference exposures;
    (4) Provides that the amount and timing of payments due from the 
protection purchaser to the protection provider are incorporated into 
the arrangement and the arrangement only allows these terms to change 
in the event of a breach of the arrangement by the protection 
purchaser;
    (5) Provides that entry of the protection provider into 
receivership, insolvency, liquidation, conservatorship, or similar 
proceeding does not change the amounts or timing of payments due to be 
paid by the protection purchaser under the arrangement;
    (6) Is legally valid and enforceable under applicable law of the 
relevant jurisdictions;
    (7) Upon a failure by the obligor on the one or more reference 
exposures to make a contractually required payment, or the occurrence 
of other credit events as described in the arrangement, allows the 
protection purchaser promptly to reduce the outstanding balance of the 
initial principal amount due to the protection provider by the loss of 
the protection purchaser on the reference exposures without input from 
the protection provider; and
    (8) Does not increase the protection purchaser's cost of credit 
protection in response to deterioration in the credit quality of any of 
the reference exposures.
* * * * *
    ERBA FDIC-supervised institution means an FDIC-supervised 
institution that is described in Sec.  324.100(b).
* * * * *
    Expanded total risk-weighted assets means the sum of:
    (1) Total credit risk-weighted assets;
    (2) Total risk-weighted assets for equity exposures as calculated 
under Sec. Sec.  324.141 and 324.142;
    (3) Risk-weighted assets for operational risk as calculated under 
Sec.  324.150;
    (4) Market risk-weighted assets, if applicable; and
    (5) CVA risk-weighted assets, if applicable; minus
    (6) Any amount of the FDIC-supervised institution's adjusted 
allowance for credit losses that is not included in tier 2 capital and 
any amount of allocated transfer risk reserves.
* * * * *
    Exposure amount means:
    (1) For the on-balance sheet component of an exposure (other than 
an available-for-sale or held-to-maturity security, if the FDIC-
supervised institution has made an AOCI opt-out election (as defined in 
Sec.  324.22(b)(2)); a derivative contract; a repo-style transaction or 
an eligible margin loan for which the FDIC-supervised institution 
determines the exposure amount under Sec.  324.37, Sec. Sec.  324.113 
through 324.115, or Sec.  324.121, as applicable; a cleared 
transaction; a default fund contribution; or a securitization 
exposure), the FDIC-supervised institution's carrying value of the 
exposure.
    (2) For a security (that is not a securitization exposure, equity 
exposure, or preferred stock classified as an equity security under 
GAAP) classified as available-for-sale or held-to-maturity if the FDIC-
supervised institution has made an AOCI opt-out election (as defined in 
Sec.  324.22(b)(2)), the FDIC-supervised institution's carrying value 
(including net accrued but unpaid interest and fees) for the exposure 
less any net unrealized gains on the exposure and plus any net 
unrealized losses on the exposure.
    (3) For available-for-sale preferred stock classified as an equity 
security under GAAP if the FDIC-supervised institution has made an AOCI 
opt-out election (as defined in Sec.  324.22(b)(2)), the FDIC-
supervised institution's carrying value of the exposure less any net 
unrealized gains on the exposure that are reflected in such carrying 
value but excluded from the FDIC-supervised institution's regulatory 
capital components.
    (4) For the off-balance sheet component of an exposure (other than 
a derivative contract; a repo-style transaction or an eligible margin 
loan for which the FDIC-supervised institution calculates the exposure 
amount under Sec.  324.37 or Sec.  324.121, as applicable; a cleared 
transaction; a default fund contribution; or a securitization 
exposure), the notional amount of the off-balance sheet component 
multiplied by the appropriate credit conversion factor (CCF) in Sec.  
324.33 or Sec.  324.112, as applicable.
    (5) For an exposure that is a derivative contract (other than a 
cleared transaction), the exposure amount determined under Sec.  324.34 
or Sec. Sec.  324.113 through 324.114, as applicable.
    (6) For an exposure that is a cleared transaction, the exposure 
amount determined under Sec.  324.35 or Sec.  324.116, as applicable.
    (7) For an exposure that is an eligible margin loan or repo-style 
transaction (other than a cleared transaction) for which the FDIC-
supervised institution calculates the exposure amount as provided in 
Sec.  324.37 or Sec. Sec.  324.113 through 324.115, as applicable, the 
exposure amount determined under Sec.  324.37 or Sec.  324.113 through 
324.115, as applicable.
    (8) For an exposure that is a securitization exposure, the exposure 
amount determined under Sec.  324.42 or Sec.  324.131, as applicable.
* * * * *
    FDIC-supervised institution means an FDIC-insured, state-chartered 
commercial or savings bank that is not a member of the Federal Reserve 
System

[[Page 15316]]

and for which the FDIC is the appropriate Federal banking agency 
pursuant to section 3(q) of the Federal Deposit Insurance Act (12 
U.S.C. 1813(q)), or a state savings association.
* * * * *
    Financial institution * * *
    (4) * * *
    (i) * * *
    (A) An investment in GAAP equity instruments of the company with an 
adjusted carrying value or exposure amount equal to or greater than $10 
million, as adjusted pursuant to Sec.  217.4; or
* * * * *
    (5) * * *
    (i) 85 percent or more of the total consolidated annual gross 
revenues (as determined in accordance with applicable accounting 
standards) of the company in either of the two most recent calendar 
years were derived, directly or indirectly, by the company on a 
consolidated basis from the activities; or
* * * * *
    Market risk FDIC-supervised institution means an FDIC-supervised 
institution that is described in Sec.  324.201(b)(1).
    Market risk-weighted assets means the measure for market risk 
calculated pursuant to Sec.  324.204(a) multiplied by 12.5.
* * * * *
    Net independent collateral amount means the fair value amount of 
the independent collateral, as adjusted by the haircuts under Sec.  
324.121(c)(2)(iii), as applicable, that a counterparty to a netting set 
has posted to an FDIC-supervised institution less the fair value amount 
of the independent collateral, as adjusted by the haircuts under Sec.  
324.121(c)(2)(iii), as applicable, posted by the FDIC-supervised 
institution to the counterparty, excluding such amounts held in a 
bankruptcy-remote manner or posted to a QCCP and held in conformance 
with the operational requirements in Sec.  324.3.
    Netting set means a group of transactions with a single 
counterparty that are subject to a qualifying master netting agreement. 
For derivative contracts, netting set also includes a single derivative 
contract between an FDIC-supervised institution and a single 
counterparty.
* * * * *
    Non-performing loan securitization (NPL securitization) means a 
traditional securitization, that is not a resecuritization, where 
parameter W (as defined in Sec.  324.133(b)(1)) for the underlying 
exposures is greater than or equal to 90 percent at the origination 
cut-off date and at any subsequent date on which exposures are added to 
or removed from the pool of underlying exposures due to replenishment 
or restructuring.
    Nonrefundable purchase price discount (NRPPD) means the difference 
between the outstanding principal balance of the underlying exposures 
at the time of sale and the price at which these exposures are sold by 
the originator to a company the activities of which are limited to 
those appropriate for the specific purpose of holding the underlying 
exposures of a securitization, when neither originator nor the original 
lender are reimbursed for this difference. In cases where the 
originator underwrites tranches of an NPL securitization for subsequent 
sale, the NRPPD may include the differences between the outstanding 
principal balance of the underlying exposures at the time of sale and 
the price at which all of the tranches are first sold to unrelated 
third parties. For any given piece of a securitization tranche, only 
its initial sale from the originator to investors is taken into account 
in the determination of NRPPD. The purchase prices of subsequent re-
sales of a securitization tranche are not considered.
* * * * *
    Prepaid credit protection arrangement means a contractual 
arrangement under which a protection purchaser transfers the credit 
risk of one or more reference exposures to a protection provider where:
    (1) The protection provider pays an initial principal amount in 
cash to the protection purchaser at the inception of the transaction; 
and
    (2) The protection purchaser is obligated to repay the initial 
principal amount to the protection provider on or before the maturity 
date of the transaction, less any losses that the protection purchaser 
realizes or otherwise recognizes due to nonpayment of all contractual 
payments due to be paid on the reference exposure or reference 
exposures by the obligors.
* * * * *
    Protection amount (P) means, with respect to an exposure hedged by 
an eligible guarantee, eligible credit derivative, or eligible prepaid 
credit protection arrangement, or secured by financial collateral, the 
effective notional amount of the guarantee, credit derivative, or 
prepaid credit protection arrangement, or the fair value of the 
financial collateral, reduced to reflect any currency mismatch, 
maturity mismatch, or lack of restructuring coverage (as provided in 
Sec.  324.36-324.37 or Sec.  324.120-121, as applicable).
* * * * *
    Qualifying cross-product master netting agreement means a 
qualifying master netting agreement that provides for termination and 
close-out netting across multiple types of financial transactions or 
qualifying master netting agreements in the event of a counterparty's 
default, provided that the underlying financial transactions are 
derivative contracts or repo-style transactions that are not cleared 
transactions. In order to treat an agreement as a qualifying cross-
product master netting agreement, an FDIC-supervised institution must 
comply with the requirements of Sec.  324.3(c) of this part with 
respect to that agreement.
* * * * *
    Specified supranational entity means the Bank for International 
Settlements, the European Central Bank, the European Commission, the 
International Monetary Fund, the European Stability Mechanism, or the 
European Financial Stability Facility.
* * * * *
    Speculative grade means that the entity to which the FDIC-
supervised institution is exposed through a loan or security, or the 
reference entity with respect to a credit derivative, has adequate 
capacity to meet financial commitments in the near term, but is 
vulnerable to adverse economic conditions, such that should economic 
conditions deteriorate, the issuer or the reference entity would 
present an elevated default risk.
    Standardized market risk-weighted assets means the standardized 
measure for market risk calculated under Sec.  324.204(b) multiplied by 
12.5.
    Standardized total risk-weighted assets means:
    (1) The sum of:
    (i) Total risk-weighted assets for general credit risk as 
calculated under Sec.  324.31;
    (ii) Total risk-weighted assets for cleared transactions and 
default fund contributions as calculated under Sec.  324.35;
    (iii) Total risk-weighted assets for unsettled transactions as 
calculated under Sec.  324.38;
    (iv) Total risk-weighted assets for securitization exposures as 
calculated under Sec.  324.42;
    (v) Total risk-weighted assets for equity exposures as calculated 
under Sec.  324.52 and Sec.  324.53; and
    (vi) For a market risk FDIC-supervised institution only, market 
risk-weighted assets; less
    (2) Any amount of the FDIC-supervised institution's adjusted

[[Page 15317]]

allowance for credit losses that is not included in tier 2 capital and 
any amount of allocated transfer risk reserves.
* * * * *
    Sub-speculative grade means that the entity to which the FDIC-
supervised institution is exposed through a loan or security, or the 
reference entity with respect to a credit derivative, depends on 
favorable economic conditions to meet its financial commitments, such 
that should such economic conditions deteriorate the issuer or the 
reference entity likely would default on its financial commitments.
* * * * *
    Synthetic securitization means a transaction in which:
    (1) All or a portion of the credit risk of one or more underlying 
exposures is retained or transferred to one or more third parties 
through the use of one or more credit derivatives, guarantees (other 
than a guarantee that transfers only the credit risk of an individual 
retail exposure), or prepaid credit protection arrangements;
    (2) The credit risk associated with the underlying exposures has 
been separated into at least two tranches reflecting different levels 
of seniority;
    (3) Performance of the securitization exposures depends solely upon 
the performance of the underlying exposures; and
    (4) All or substantially all of the underlying exposures are 
financial exposures (such as loans, commitments, credit derivatives, 
guarantees, receivables, asset-backed securities, mortgage-backed 
securities, other debt securities, or equity securities).
* * * * *
    Total credit risk-weighted assets means the sum of:
    (1) Total risk-weighted assets for general credit risk as 
calculated under Sec.  324.110;
    (2) Total risk-weighted assets for cleared transactions and default 
fund contributions as calculated under Sec.  324.116;
    (3) Total risk-weighted assets for unsettled transactions as 
calculated under Sec.  324.117; and
    (4) Total risk-weighted assets for securitization exposures as 
calculated under Sec.  324.132.
* * * * *
    Traditional securitization means a transaction in which:
    (1) All or a portion of the credit or equity risk of one or more 
underlying exposures is transferred to one or more third parties other 
than through the use of credit derivatives, guarantees, or prepaid 
credit protection arrangements;
    (2) The credit risk associated with the underlying exposures has 
been separated into at least two tranches reflecting different levels 
of seniority;
    (3) Performance of the securitization exposures depends solely upon 
the performance of the underlying exposures;
    (4) All or substantially all of the underlying exposures are 
financial exposures (such as loans, commitments, credit derivatives, 
guarantees, receivables, asset-backed securities, mortgage-backed 
securities, other debt securities, or equity securities);
    (5) The underlying exposures are not owned by an operating company;
    (6) The underlying exposures are not owned by a small business 
investment company defined in section 302 of the Small Business 
Investment Act;
    (7) The underlying exposures are not owned by a firm an investment 
in which qualifies as a community development investment under section 
24 (Eleventh) of the National Bank Act;
    (8) The FDIC may determine that a transaction in which the 
underlying exposures are owned by an investment firm that exercises 
substantially unfettered control over the size and composition of its 
assets, liabilities, and off-balance sheet exposures is not a 
traditional securitization based on the transaction's leverage, risk 
profile, or economic substance;
    (9) The FDIC may deem a transaction that meets the definition of a 
traditional securitization, notwithstanding paragraph (5), (6), or (7) 
of this definition, to be a traditional securitization based on the 
transaction's leverage, risk profile, or economic substance; and
    (10) The transaction is not:
    (i) An investment fund;
    (ii) A collective investment fund (as defined in 12 CFR 344.3 
(state nonmember bank), and 12 CFR 390.203 (state savings association);
    (iii) An employee benefit plan (as defined in paragraphs (3) and 
(32) of section 3 of ERISA), a ``governmental plan'' (as defined in 29 
U.S.C. 1002(32)) that complies with the tax deferral qualification 
requirements provided in the Internal Revenue Code, or any similar 
employee benefit plan established under the laws of a foreign 
jurisdiction;
    (iv) A synthetic exposure to the capital of a financial institution 
to the extent deducted from capital under Sec.  324.22; or
    (v) Registered with the SEC under the Investment Company Act of 
1940 or foreign equivalents thereof.
* * * * *
    Variation margin amount means the fair value amount of the 
variation margin, as adjusted by the standard supervisory haircuts 
under Sec.  324.121(c)(2)(iii), as applicable, that a counterparty to a 
netting set has posted to an FDIC-supervised institution less the fair 
value amount of the variation margin, as adjusted by the standard 
supervisory haircuts under Sec.  324.121(c)(2)(iii), as applicable, 
posted by the FDIC-supervised institution to the counterparty.
* * * * *
0
91. In Sec.  324.3, revise paragraph (c) to read as follows:


Sec.  324.3  Operational requirements for counterparty credit risk.

* * * * *
    (c) Qualifying cross-product master netting agreement. In order to 
recognize an agreement as a qualifying cross-product master netting 
agreement as defined in Sec.  324.2, an FDIC-supervised institution 
must obtain a written legal opinion verifying the validity and 
enforceability of the agreement under applicable law of the relevant 
jurisdictions if the counterparty fails to perform upon an event of 
default, including upon receivership, insolvency, liquidation, or 
similar proceeding
* * * * *


Sec.  324.4  [Redesignated as Sec.  324.6]

0
92. Redesignate Sec.  324.4 as Sec.  324.6.
0
a. Redesignate footnote 10 as footnote 1.
0
b. Revise newly redesignated footnote 1.
    The revision reads as follows:


Sec.  324.6  Inadequate capital as an unsafe or unsound practice or 
condition.

* * * * *
    \1\ The term total assets shall have the same meaning as 
provided in 12 CFR 324.401(g).


Sec.  324.5  [Redesignated as Sec.  324.7]

0
93. Redesignate Sec.  324.5 as Sec.  324.7.
0
a. In paragraph (a), remove the reference ``Sec. Sec.  324.4 and 
324.10'' and adding in its place the reference ``Sec. Sec.  324.6 and 
324.10''.
0
94. Add section Sec.  324.4 to read as follows:


Sec.  324.4   Threshold Indexing.

    (a) Methodology. The dollar thresholds specified in paragraph (c) 
of this section shall be adjusted by multiplying the baseline threshold 
values specified in paragraph (c) of this section by one plus the 
cumulative percent change in the non-seasonally adjusted Consumer Price 
Index for Urban Wage Earners and Clerical Workers, measured from the 
effective

[[Page 15318]]

date of this rule, as further described in paragraph (b) of this 
section, and shall be rounded in accordance with paragraph (d) of this 
section.
    (b) Frequency. (1) In general--biennial adjustments. Except as 
otherwise provided in paragraph (b)(2) and (b)(3) of this section, the 
adjustments described in paragraph (a) of this section shall be 
effective on October 1 following each consecutive two year period 
ending August 30, and using the non-seasonally adjusted Consumer Price 
Index for Urban Wage Earners and Clerical Workers as of August 30 of 
that year.
    (2) Off-year adjustments. In the event that the FDIC determines, 
during a year where no adjustment would be made under paragraph (b)(1), 
that the non-seasonally adjusted Consumer Price Index for Urban Wage 
Earners and Clerical Workers, measured over the twelve month period 
ending August 30 of that year, is such that an adjustment under this 
section would be appropriate for that year, the FDIC may make an 
adjustment under this section for that year.
    (3) Periods of negative inflation. Notwithstanding paragraph (b)(1) 
or (b)(2) of this section, if an adjustment of dollar thresholds using 
the cumulative percent change of the non-seasonally adjusted Consumer 
Price Index for Urban Wage Earners and Clerical Workers from the 
effective date of this rule or the most recent adjustment, as 
applicable, would not result in an increase from the current dollar 
thresholds, no adjustment will be made pursuant to paragraph (a) of 
this section.
    (c) Specified thresholds. The thresholds in the following sections 
shall be adjusted in accordance with paragraph (a) of this section 
relative to the baseline threshold values as specified below.
    (1) Sec.  324.2, definition of Financial institution, paragraph 
(4)(i)(A), baseline threshold value $10 million;
    (2) Sec.  324.101, definition of Regulatory retail exposure, 
paragraph (2), baseline threshold value $1 million;
    (3) Sec.  324.101, definition of Small or medium-sized entity 
(SME), baseline threshold value $50 million;
    (4) Sec.  324.150(b)(1), baseline threshold value $1 billion;
    (5) Sec.  324.150(b)(2), baseline threshold values $1 billion, $30 
billion, and $120 million;
    (6) Sec.  324.150(b)(2)(i), baseline threshold value $1 billion;
    (7) Sec.  324.150(b)(3), baseline threshold values $30 billion and 
$4.47 billion
    (8) Sec.  324.150(b)(3)(i), baseline threshold value $30 billion;
    (9) Sec.  324.150(d)(2)(i)(A), baseline threshold value $20,000;
    (10) Sec.  324.201(b)(1)(ii)(B), baseline threshold value $5 
billion;
    (11) Sec.  324.201(b)(2)(ii), baseline threshold value $1 trillion;
    (12) Sec.  324.202 ``Large market cap'', baseline threshold value 
$2 billion;
    (15) Sec.  324.202, ``Market risk covered position'' (1)(ii)(D), 
baseline value $20 million;
    (16) Sec.  324.202, ``Small market cap'', baseline threshold value 
$2 billion.
    (d) Rounding. When adjusting thresholds under this section, each 
threshold shall be rounded based on the size of the threshold (e.g., 
thousands, millions, billions) to the nearest number with two 
significant digits.
    (e) Effective date of threshold adjustments. The FDIC shall 
announce the thresholds adjusted in accordance with this section by 
publication in the Federal Register. Such adjusted thresholds shall be 
effective on October 1 of the year during which an adjustment is made.
    (f) Failure to publish in the Federal Register. In the event, for 
any reason, the thresholds adjusted in accordance with this section are 
not published in the Federal Register in a year in which an adjustment 
is made under this section, the thresholds specified in paragraph (c) 
of this section will adjust as provided in this section and be 
effective on October 1, notwithstanding the lack of publication in the 
Federal Register.
* * * * *
0
95. Add Sec.  324.5 ``Calculation of loan-to-value (LTV) ratio.''
    The addition reads as follows:


Sec.  324.5  Calculation of loan-to-value (LTV) ratio.

    (a) Loan-to-Value ratio. The loan-to-value (LTV) ratio must be 
calculated as the extension of credit divided by the value of the 
property.
    (b) Extension of credit. For purposes of a LTV ratio calculated 
under this section, the extension of credit is equal to the total 
outstanding amount of the loan including any undrawn committed amount 
of the loan.
    (c) Value of the property. (1) For purposes of a LTV ratio 
calculated under this section, the value of the property is the market 
value of all real estate properties securing or being improved by the 
extension of credit plus the amount of any readily marketable 
collateral and other acceptable collateral, as defined in 12 CFR part 
365, subpart A, Appendix A, that secures the extension of credit, 
subject to the following:
    (i) For exposures subject to 12 CFR part 323, subpart A, the market 
value of property is a valuation that meets all requirements of that 
rule.
    (ii) For exposures not subject to 12 CFR part 323, subpart A:
    (A) The market value of real estate must be obtained from an 
independent valuation of the property using prudently conservative 
valuation criteria;
    (B) The valuation must be done independently from the FDIC-
supervised institution's origination and underwriting process, and
    (C) To ensure that the market value of the real estate is 
determined in a prudently conservative manner, the valuation must 
exclude expectations of price increases and must be adjusted downward 
to account for the potential for the current market price to be 
significantly above the value that would be sustainable over the life 
of the loan.
    (2) In the case where the exposure includes the financing to 
purchase the property, the value of the property is the lower of the 
market value obtained under paragraph (c)(1)(i) or (c)(1)(ii) of this 
section, as applicable, and the actual acquisition cost.
    (3) The value of the property must be measured at the time of 
origination, except in the following circumstances:
    (i) The FDIC requires an FDIC-supervised institution to revise the 
value of the property downward;
    (ii) The value of the property must be adjusted downward due to an 
extraordinary event that results in a permanent reduction of the 
property value; or
    (iii) The value of the property may be increased to reflect 
modifications made to the property that increase the market value, as 
determined according to the requirements in paragraphs (c)(1)(i) or 
(ii) of this section.
    (4) Readily marketable collateral and other acceptable collateral, 
as defined in 12 CFR part 365, subpart A, Appendix A, must be 
appropriately discounted by the FDIC-supervised institution consistent 
with the FDIC-supervised institution's usual practices for making loans 
secured by such collateral.

Subpart B--Capital Ratio Requirements and Buffers

0
96. In Sec.  324.10:
0
a. Revise paragraphs (a)(1)(v), (b), (c), (d); and
0
b. Add paragraph (b)(6).
    The revisions read as follows:


Sec.  324.10  Minimum capital requirements.

* * * * *
    (a) * * *

[[Page 15319]]

    (1) * * *
    (v) For an Category I FDIC-supervised institution, Category II 
FDIC-supervised institution, or Category III FDIC-supervised 
institution, a supplementary leverage ratio of 3 percent.
* * * * *
    (b) Standardized capital ratio calculations. For an FDIC-supervised 
institution that is not a Category I FDIC-supervised institution or 
Category II FDIC-supervised institution:
    (1) Common equity tier 1 capital ratio. The FDIC-supervised 
institution's common equity tier 1 capital ratio is the ratio of the 
FDIC-supervised institution's common equity tier 1 capital to selected 
total risk-weighted assets;
    (2) Tier 1 capital ratio. The FDIC-supervised institution's tier 1 
capital ratio is the ratio of the FDIC-supervised institution's tier 1 
capital to selected total risk-weighted assets;
    (3) Total capital ratio. The FDIC-supervised institution's total 
capital ratio is the ratio of the FDIC-supervised institution's total 
capital to selected total risk-weighted assets; and
    (4) Leverage ratio. The FDIC-supervised institution's leverage 
ratio is the ratio of the FDIC-supervised institution's tier 1 capital 
to the FDIC-supervised institution's average total consolidated assets 
as reported on the FDIC-supervised institution's Call Report, minus 
amounts deducted from tier 1 capital under Sec.  324.22(a), (c) and 
(d).
    (5) State savings association tangible capital ratio. A state 
savings association's tangible capital ratio is the ratio of the state 
savings association's core capital (tier 1 capital) to total assets. 
For purposes of this paragraph (b)(5), the term total assets shall have 
the meaning provided in Sec.  324.401(g).
    (6) Selected total risk-weighted assets. An FDIC-supervised 
institution's selected total risk-weighted assets is either the FDIC-
supervised institution's standardized total risk-weighted assets or 
expanded total risk-weighted assets, as selected by the FDIC-supervised 
institution. An FDIC-supervised institution may change its choice for 
selected total risk-weighted assets by providing the FDIC with prior 
notice of the change at least four full calendar quarters before the 
calendar quarter in which the change will take effect.
    (c) Supplementary leverage ratio. (1) The supplementary leverage 
ratio of a Category I FDIC-supervised institution, Category II FDIC-
supervised institution, or Category III FDIC-supervised institution is 
the ratio of its tier 1 capital to total leverage exposure. Total 
leverage exposure is calculated as the sum of:
    (i) The mean of the on-balance sheet assets calculated as of each 
day of the reporting quarter; and
    (ii) The mean of the off-balance sheet exposures calculated as of 
the last day of each of the most recent three months, minus the 
applicable deductions under Sec.  324.22(a), (c), and (d).
    (2) For purposes of this part, total leverage exposure means the 
sum of the items described in paragraphs (c)(2)(i) through (viii) of 
this section, as adjusted pursuant to paragraph (c)(2)(ix) of this 
section for a clearing member FDIC-supervised institution and paragraph 
(c)(2)(x) of this section for a custody bank:
    (i) The balance sheet carrying value of all of the FDIC-supervised 
institution's on-balance sheet assets, net of adjusted allowances for 
credit losses, plus the value of securities sold under a repurchase 
transaction or a securities lending transaction that qualifies for 
sales treatment under GAAP, less amounts deducted from tier 1 capital 
under Sec.  324.22(a), (c), and (d), less the value of securities 
received in security-for-security repo-style transactions, where the 
FDIC-supervised institution acts as a securities lender and includes 
the securities received in its on-balance sheet assets but has not sold 
or re-hypothecated the securities received, and, for an FDIC-supervised 
institution that uses the standardized approach for counterparty credit 
risk (SA-CCR) under Sec.  324.114 for its standardized total risk-
weighted assets or expanded total risk-weighted assets, less the fair 
value of any derivative contracts;
    (ii) (A) For an FDIC-supervised institution that uses the current 
exposure methodology under Sec.  324.34(b) for its standardized total 
risk-weighted assets, the potential future credit exposure (PFE) for 
each derivative contract or each single-product netting set of 
derivative contracts (including a cleared transaction except as 
provided in paragraph (c)(2)(ix) of this section and, at the discretion 
of the FDIC-supervised institution, excluding a forward agreement 
treated as a derivative contract that is part of a repurchase or 
reverse repurchase or a securities borrowing or lending transaction 
that qualifies for sales treatment under GAAP), to which the FDIC-
supervised institution is a counterparty as determined under Sec.  
324.34, but without regard to Sec.  324.34(c), provided that:
    (1) An FDIC-supervised institution may choose to exclude the PFE of 
all credit derivatives or other similar instruments through which it 
provides credit protection when calculating the PFE under Sec.  324.34, 
but without regard to Sec.  324.34(c), provided that it does not adjust 
the net-to-gross ratio (NGR); and
    (2) An FDIC-supervised institution that chooses to exclude the PFE 
of credit derivatives or other similar instruments through which it 
provides credit protection pursuant to paragraph (c)(2)(ii)(A) of this 
section must do so consistently over time for the calculation of the 
PFE for all such instruments; or
    (B) (1) For an FDIC-supervised institution that uses SA-CCR under 
Sec.  324.114 for its standardized total risk-weighted assets or 
expanded total risk-weighted assets, the PFE under SA-CCR each 
derivative contract or single product netting set of derivative 
contracts to which the FDIC-supervised institution is a counterparty 
(including cleared transactions except as provided in paragraph 
(c)(2)(ix) of this section and, at the discretion of the FDIC-
supervised institution, excluding a forward agreement treated as a 
derivative contract that is part of a repurchase or reverse repurchase 
or a securities borrowing or lending transaction that qualifies for 
sales treatment under GAAP), as determined under Sec.  324.114(g), in 
which the term C in Sec.  324.114(g)(1) equals zero, and, for any 
counterparty that is not a commercial end-user, multiplied by 1.4. For 
purposes of this paragraph (c)(2)(ii)(A), an FDIC-supervised 
institution may set the value of the term C in Sec.  324.114(g)(1) 
equal to the amount of collateral posted by a clearing member client of 
the FDIC-supervised institution in connection with the client-facing 
derivative transactions within the netting set; and
    (2) An FDIC-supervised institution may choose to exclude the PFE of 
all credit derivatives or other similar instruments through which it 
provides credit protection when calculating the PFE under Sec.  
324.114, provided that it does so consistently over time for the 
calculation of the PFE for all such instruments;
    (iii)(A)(1) For an FDIC-supervised institution that uses the 
current exposure methodology under Sec.  324.34(b) for its standardized 
total risk-weighted assets, the amount of cash collateral that is 
received from a counterparty to a derivative contract and that has 
offset the mark-to-fair value of the derivative asset, or cash 
collateral that is posted to a counterparty to a derivative contract 
and that has reduced the FDIC-supervised institution's on-balance sheet 
assets, unless such cash collateral is all or part of variation margin 
that satisfies the conditions in

[[Page 15320]]

paragraphs (c)(2)(iii)(C) through (G) of this section; and
    (2) The variation margin is used to reduce the current credit 
exposure of the derivative contract, calculated as described in Sec.  
324.34(b), and not the PFE; and
    (3) For the purpose of the calculation of the NGR described in 
Sec.  324.34(b)(2)(ii)(B), variation margin described in paragraph 
(c)(2)(iii)(A)(2) of this section may not reduce the net current credit 
exposure or the gross current credit exposure; or
    (B)(1) For an FDIC-supervised institution that uses SA-CCR under 
Sec.  324.114 for its standardized total risk-weighted assets or 
expanded total risk-weighted assets, the replacement cost under Sec.  
324.114 of each derivative contract or single product netting set of 
derivative contracts to which the FDIC-supervised institution is a 
counterparty, calculated according to the following formula, and, for 
any counterparty that is not a commercial end-user, multiplied by 1.4:

Replacement Cost = max{V-CVMr + CVMp; 0{time} 

Where:
V equals the fair value for each derivative contract or each netting 
set of derivative contracts (including a cleared transaction except 
as provided in paragraph (c)(2)(ix) of this section and, at the 
discretion of the FDIC-supervised institution, excluding a forward 
agreement treated as a derivative contract that is part of a 
repurchase or reverse repurchase or a securities borrowing or 
lending transaction that qualifies for sales treatment under GAAP);
CVMr equals the amount of cash collateral received from a 
counterparty to a derivative contract and that satisfies the 
conditions in paragraphs (c)(2)(iii)(C) through (G) of this section, 
or, in the case of a client-facing derivative transaction, the 
amount of collateral received from the clearing member client; and
CVMp equals the amount of cash collateral that is posted 
to a counterparty to a derivative contract and that has not offset 
the fair value of the derivative contract and that satisfies the 
conditions in paragraphs (c)(2)(iii)(C) through (G) of this section, 
or, in the case of a client-facing derivative transaction, the 
amount of collateral posted to the clearing member client;

    (2) Notwithstanding paragraph (c)(2)(iii)(A)(1) of this section, 
where multiple netting sets are subject to a single variation margin 
agreement, an FDIC-supervised institution must apply the formula for 
replacement cost provided in Sec.  324.114(j)(1), in which the term CMA 
may only include cash collateral that satisfies the conditions in 
paragraphs (c)(2)(iii)(C) through (G) of this section; and
    (3) For purposes of paragraph (c)(2)(iii)(A) of this section, an 
FDIC-supervised institution must treat a derivative contract that 
references an index as if it were multiple derivative contracts each 
referencing one component of the index if the FDIC-supervised 
institution elected to treat the derivative contract as multiple 
derivative contracts under Sec.  324.114(e)(6);
    (C) For derivative contracts that are not cleared through a QCCP, 
the cash collateral received by the recipient counterparty is not 
segregated (by law, regulation, or an agreement with the counterparty);
    (D) Variation margin is calculated and transferred on a daily basis 
based on the mark-to-fair value of the derivative contract;
    (E) The variation margin transferred under the derivative contract 
or the governing rules of the CCP or QCCP for a cleared transaction is 
the full amount that is necessary to fully extinguish the net current 
credit exposure to the counterparty of the derivative contracts, 
subject to the threshold and minimum transfer amounts applicable to the 
counterparty under the terms of the derivative contract or the 
governing rules for a cleared transaction;
    (F) The variation margin is in the form of cash in the same 
currency as the currency of settlement set forth in the derivative 
contract, provided that for the purposes of this paragraph 
(c)(2)(iii)(F), currency of settlement means any currency for 
settlement specified in the governing qualifying master netting 
agreement and the credit support annex to the qualifying master netting 
agreement, or in the governing rules for a cleared transaction; and
    (G) The derivative contract and the variation margin are governed 
by a qualifying master netting agreement between the legal entities 
that are the counterparties to the derivative contract or by the 
governing rules for a cleared transaction, and the qualifying master 
netting agreement or the governing rules for a cleared transaction must 
explicitly stipulate that the counterparties agree to settle any 
payment obligations on a net basis, taking into account any variation 
margin received or provided under the contract if a credit event 
involving either counterparty occurs;
    (iv) The effective notional principal amount (that is, the apparent 
or stated notional principal amount multiplied by any multiplier in the 
derivative contract) of a credit derivative, or other similar 
instrument, through which the FDIC-supervised institution provides 
credit protection, provided that:
    (A) The FDIC-supervised institution may reduce the effective 
notional principal amount of the credit derivative by the amount of any 
reduction in the mark-to-fair value of the credit derivative if the 
reduction is recognized in common equity tier 1 capital;
    (B) The FDIC-supervised institution may reduce the effective 
notional principal amount of the credit derivative by the effective 
notional principal amount of a purchased credit derivative or other 
similar instrument, provided that the remaining maturity of the 
purchased credit derivative is equal to or greater than the remaining 
maturity of the credit derivative through which the FDIC-supervised 
institution provides credit protection and that:
    (1) With respect to a credit derivative that references a single 
exposure, the reference exposure of the purchased credit derivative is 
to the same legal entity and ranks pari passu with, or is junior to, 
the reference exposure of the credit derivative through which the FDIC-
supervised institution provides credit protection; or
    (2) With respect to a credit derivative that references multiple 
exposures, the reference exposures of the purchased credit derivative 
are to the same legal entities and rank pari passu with the reference 
exposures of the credit derivative through which the FDIC-supervised 
institution provides credit protection, and the level of seniority of 
the purchased credit derivative ranks pari passu to the level of 
seniority of the credit derivative through which the FDIC-supervised 
institution provides credit protection;
    (3) Where an FDIC-supervised institution has reduced the effective 
notional principal amount of a credit derivative through which the 
FDIC-supervised institution provides credit protection in accordance 
with paragraph (c)(2)(iv)(A) of this section, the FDIC-supervised 
institution must also reduce the effective notional principal amount of 
a purchased credit derivative used to offset the credit derivative 
through which the FDIC-supervised institution provides credit 
protection, by the amount of any increase in the mark-to-fair value of 
the purchased credit derivative that is recognized in common equity 
tier 1 capital; and
    (4) Where the FDIC-supervised institution purchases credit 
protection through a total return swap and records the net payments 
received on a credit derivative through which the FDIC-supervised 
institution provides credit protection in net income, but does not 
record offsetting deterioration in the mark-to-fair value of the credit

[[Page 15321]]

derivative through which the FDIC-supervised institution provides 
credit protection in net income (either through reductions in fair 
value or by additions to reserves), the FDIC-supervised institution may 
not use the purchased credit protection to offset the effective 
notional principal amount of the related credit derivative through 
which the FDIC-supervised institution provides credit protection;
    (v) Where an FDIC-supervised institution acting as a principal has 
more than one repo-style transaction with the same counterparty and has 
offset the gross value of receivables due from a counterparty under 
reverse repurchase transactions by the gross value of payables under 
repurchase transactions due to the same counterparty, the gross value 
of receivables associated with the repo-style transactions less any on-
balance sheet receivables amount associated with these repo-style 
transactions included under paragraph (c)(2)(i) of this section, unless 
the following criteria are met:
    (A) The offsetting transactions have the same explicit final 
settlement date under their governing agreements;
    (B) The right to offset the amount owed to the counterparty with 
the amount owed by the counterparty is legally enforceable in the 
normal course of business and in the event of receivership, insolvency, 
liquidation, or similar proceeding; and
    (C) Under the governing agreements, the counterparties intend to 
settle net, settle simultaneously, or settle according to a process 
that is the functional equivalent of net settlement, (that is, the cash 
flows of the transactions are equivalent, in effect, to a single net 
amount on the settlement date), where both transactions are settled 
through the same settlement system, the settlement arrangements are 
supported by cash or intraday credit facilities intended to ensure that 
settlement of both transactions will occur by the end of the business 
day, and the settlement of the underlying securities does not interfere 
with the net cash settlement;
    (vi) The counterparty credit risk of a repo-style transaction, 
including where the FDIC-supervised institution acts as an agent for a 
repo-style transaction and indemnifies the customer with respect to the 
performance of the customer's counterparty in an amount limited to the 
difference between the fair value of the security or cash its customer 
has lent and the fair value of the collateral the borrower has 
provided, calculated as follows:
    (A) If the transaction is not subject to a qualifying master 
netting agreement, the counterparty credit risk (E*) for transactions 
with a counterparty must be calculated on a transaction by transaction 
basis, such that each transaction i is treated as its own netting set, 
in accordance with the following formula, where Ei is the fair value of 
the instruments, gold, or cash that the FDIC-supervised institution has 
lent, sold subject to repurchase, or provided as collateral to the 
counterparty, and Ci is the fair value of the instruments, gold, or 
cash that the FDIC-supervised institution has borrowed, purchased 
subject to resale, or received as collateral from the counterparty:

Ei* = max {0, [Ei-Ci]{time} ; and
    (B) If the transaction is subject to a qualifying master netting 
agreement, the counterparty credit risk (E*) must be calculated as the 
greater of zero and the total fair value of the instruments, gold, or 
cash that the FDIC-supervised institution has lent, sold subject to 
repurchase or provided as collateral to a counterparty for all 
transactions included in the qualifying master netting agreement 
([Sigma]Ei), less the total fair value of the instruments, gold, or 
cash that the FDIC-supervised institution borrowed, purchased subject 
to resale or received as collateral from the counterparty for those 
transactions ([Sigma]Ci), in accordance with the following formula:

E* = max {0, [[Sigma]ei-[Sigma]ci]{time} 

    (vii) If an FDIC-supervised institution acting as an agent for a 
repo-style transaction provides a guarantee to a customer of the 
security or cash its customer has lent or borrowed with respect to the 
performance of the customer's counterparty and the guarantee is not 
limited to the difference between the fair value of the security or 
cash its customer has lent and the fair value of the collateral the 
borrower has provided, the amount of the guarantee that is greater than 
the difference between the fair value of the security or cash its 
customer has lent and the value of the collateral the borrower has 
provided;
    (viii) The credit equivalent amount of all off-balance sheet 
exposures of the FDIC-supervised institution, excluding repo-style 
transactions, repurchase or reverse repurchase or securities borrowing 
or lending transactions that qualify for sales treatment under GAAP, 
and derivative transactions, determined using:
    (A) For an FDIC-supervised institution that elects to calculate its 
standardized total risk-weighted assets under Sec.  324.10(b), the 
applicable credit conversion factor under Sec.  324.33(b), provided, 
however, that the minimum credit conversion factor that may be assigned 
to an off-balance sheet exposure under this paragraph is 10 percent; or
    (B) For an FDIC-supervised institution that elects to calculate its 
expanded total risk-weighted assets under Sec.  324.10(b), a Category I 
FDIC-supervised institution, a Category II FDIC-supervised institution, 
the applicable credit conversion factor under Sec.  324.112(b), 
provided, however, that the minimum credit conversion factor that may 
be assigned to an off-balance sheet exposure under this paragraph is 10 
percent; and
    (ix) For an FDIC-supervised institution that is a clearing member:
    (A) A clearing member FDIC-supervised institution that guarantees 
the performance of a clearing member client with respect to a cleared 
transaction must treat its exposure to the clearing member client as a 
derivative contract or repo-style transaction, as applicable, for 
purposes of determining its total leverage exposure;
    (B) A clearing member FDIC-supervised institution that guarantees 
the performance of a CCP with respect to a transaction cleared on 
behalf of a clearing member client must treat its exposure to the CCP 
as a derivative contract or repo-style transaction, as applicable, for 
purposes of determining its total leverage exposure;
    (C) A clearing member FDIC-supervised institution that does not 
guarantee the performance of a CCP with respect to a transaction 
cleared on behalf of a clearing member client may exclude its exposure 
to the CCP for purposes of determining its total leverage exposure;
    (D) An FDIC-supervised institution that is a clearing member may 
exclude from its total leverage exposure the effective notional 
principal amount of credit protection sold through a credit derivative 
contract, or other similar instrument, that it clears on behalf of a 
clearing member client through a CCP as calculated in accordance with 
paragraph (c)(2)(iv) of this section;
    (E) Notwithstanding paragraphs (c)(2)(ix)(A) through (C) of this 
section, an FDIC-supervised institution may exclude from its total 
leverage exposure a clearing member's exposure to a clearing member 
client for a derivative contract if the clearing member client and the 
clearing member are affiliates and consolidated for financial reporting 
purposes on the FDIC-supervised institution's balance sheet; and

[[Page 15322]]

    (F) Notwithstanding paragraph (c)(2)(ix)(A), an FDIC-supervised 
institution that has elected under Sec.  324.113(c) to treat any repo-
style transactions subject to a qualifying cross-product master netting 
agreement as derivative contracts must treat any such repo-style 
transactions as a derivative contract for purposes of this paragraph 
(c).
    (x) A custody bank shall exclude from its total leverage exposure 
the lesser of:
    (A) The amount of funds that the custody bank has on deposit at a 
qualifying central bank; and
    (B) The amount of funds in deposit accounts at the custody bank 
that are linked to fiduciary or custodial and safekeeping accounts at 
the custody bank. For purposes of this paragraph (c)(2)(x), a deposit 
account is linked to a fiduciary or custodial and safekeeping account 
if the deposit account is provided to a client that maintains a 
fiduciary or custodial and safekeeping account with the custody bank 
and the deposit account is used to facilitate the administration of the 
fiduciary or custodial and safekeeping account.
* * * * *
    (d) Expanded capital ratio calculations. For a Category I FDIC-
supervised institution, a Category II FDIC-supervised institution, or 
an ERBA FDIC-supervised institution:
    (1) Common equity tier 1 capital ratio. The FDIC-supervised 
institution's common equity tier 1 capital ratio is the ratio of the 
FDIC-supervised institution's common equity tier 1 capital to expanded 
total risk-weighted assets;
    (2) Tier 1 capital ratio. The FDIC-supervised institution's tier 1 
capital ratio is the ratio of the FDIC-supervised institution's tier 1 
capital to expanded total risk-weighted assets;
    (3) Total capital ratio. The FDIC-supervised institution's total 
capital ratio is the ratio of the FDIC-supervised institution's total 
capital to expanded total risk-weighted assets; and
    (4) Leverage ratio. The FDIC-supervised institution's leverage 
ratio is the ratio of the FDIC-supervised institution's tier 1 capital 
to the FDIC-supervised institution's average total consolidated assets 
as reported on the FDIC-supervised institution's Call Report, minus 
amounts deducted from tier 1 capital under Sec.  324.22(a), (c) and 
(d).
    (5) State savings association tangible capital ratio. A state 
savings association's tangible capital ratio is the ratio of the state 
savings association's core capital (tier 1 capital) to total assets. 
For purposes of this paragraph, the term total assets shall have the 
meaning provided in 12 CFR 324.401(g).
* * * * *
0
97. In Sec.  324.11:
0
a. Revise paragraph (a)(2)(iv);
0
b. In paragraph (b)(1), remove the words ``An advanced approaches FDIC-
supervised institution or a Category III FDIC-supervised institution'' 
and add in their place the words ``A Category I FDIC-supervised 
institution, a Category II FDIC-supervised institution, or a Category 
III FDIC-supervised institution'';
0
c. Revise paragraph (b)(1)(iii); and
0
d. In paragraph (b)(2)(ii), redesignate footnote 11 as footnote 1.
    The revision reads as follows:


Sec.  324.11  Capital conservation buffer and countercyclical capital 
buffer amount

* * * * *
    (a) * * *
    (2) * * *
    (iv) Private sector credit exposure. Private sector credit exposure 
means an exposure to a company or an individual that is not an exposure 
to a sovereign, a specified supranational entity, a MDB, a PSE, or a 
GSE.
    (b) * * *
    (1) * * *
    (iii) Weighting. The weight assigned to a jurisdiction's 
countercyclical capital buffer amount is calculated by dividing the 
total risk-weighted assets for the FDIC-supervised institution's 
private sector credit exposures located in the jurisdiction by the 
total risk-weighted assets for all of the FDIC-supervised institution's 
private sector credit exposures. The methodology an FDIC-supervised 
institution uses for determining risk-weighted assets for purposes of 
this paragraph (b) must be the methodology that determines its risk-
based capital ratios under Sec.  324.10. Notwithstanding the previous 
sentence, the risk-weighted asset amount for a private sector credit 
exposure that is a covered position under subpart F of this part is its 
standardized default risk capital requirement as determined under Sec.  
324.210 multiplied by 12.5.
* * * * *


Sec.  324.12  [Amended]

0
98. In Sec.  324.12, remove paragraph (a)(4).

Subpart C--Definition of Capital

0
99. In Sec.  324.20:
0
a. Revise paragraphs (c)(1)(xiv), (d)(1)(xi), and (d)(3); and
0
b. Redesignate footnotes 12 through 23 as footnotes 1 through 12, 
respectively;
    The revisions read as follows:


Sec.  324.20  Capital components and eligibility criteria for 
regulatory capital instruments.

* * * * *
    (c) * * *
    (1) * * *
    (xiv) For an ERBA FDIC-supervised institution, the governing 
agreement, offering circular, or prospectus of an instrument issued 
after the date upon which the FDIC-supervised institution becomes 
subject to this part must disclose that the holders of the instrument 
may be fully subordinated to interests held by the U.S. government in 
the event that the FDIC-supervised institution enters into a 
receivership, insolvency, liquidation, or similar proceeding.
* * * * *
    (d) * * *
    (1) * * *
    (xi) For an ERBA FDIC-supervised institution, the governing 
agreement, offering circular, or prospectus of an instrument issued 
after the date on which the FDIC-supervised institution becomes subject 
to this part must disclose that the holders of the instrument may be 
fully subordinated to interests held by the U.S. government in the 
event that the FDIC-supervised institution enters into a receivership, 
insolvency, liquidation, or similar proceeding.
* * * * *
    (3) AACL up to 1.25 percent of the FDIC-supervised institution's 
standardized total risk-weighted assets or total credit risk-weighted 
assets, as applicable, not including any amount of the AACL (and 
excluding the case of a market risk FDIC-supervised institution, its 
market risk weighted assets).
* * * * *
0
100. In Sec.  324.21:
0
a. Revise paragraph (b).
    The revision reads as follows:


Sec.  324.21  Minority interest.

* * * * *
    (b) (1) Applicability. For purposes of Sec.  324.20, an ERBA FDIC-
supervised institution is subject to the minority interest limitations 
in this paragraph (b) if:
    (i) A consolidated subsidiary of the FDIC-supervised institution 
has issued regulatory capital that is not owned by the FDIC-supervised 
institution; and
    (ii) For each relevant regulatory capital ratio of the consolidated 
subsidiary, the ratio exceeds the sum of the subsidiary's minimum 
regulatory capital requirements plus its capital conservation buffer.
    (2) Difference in capital adequacy standards at the subsidiary 
level. For purposes of the minority interest

[[Page 15323]]

calculations in this section, if the consolidated subsidiary issuing 
the capital is not subject to capital adequacy standards similar to 
those of the ERBA FDIC-supervised institution, the ERBA FDIC-supervised 
institution must assume that the capital adequacy standards of the 
FDIC-supervised institution apply to the subsidiary.
    (3) Common equity tier 1 minority interest includable in the common 
equity tier 1 capital of the FDIC-supervised institution. For each 
consolidated subsidiary of an ERBA FDIC-supervised institution, the 
amount of common equity tier 1 minority interest the FDIC-supervised 
institution may include in common equity tier 1 capital is equal to:
    (i) The common equity tier 1 minority interest of the subsidiary; 
minus
    (ii) The percentage of the subsidiary's common equity tier 1 
capital that is not owned by the FDIC-supervised institution, 
multiplied by the difference between the common equity tier 1 capital 
of the subsidiary and the lower of:
    (A) The amount of common equity tier 1 capital the subsidiary must 
hold, or would be required to hold pursuant to this paragraph (b), to 
avoid restrictions on distributions and discretionary bonus payments 
under Sec.  324.11 or equivalent standards established by the 
subsidiary's home country supervisor; or
    (B) (1) The expanded total risk-weighted assets of the FDIC-
supervised institution that relate to the subsidiary multiplied by
    (2) The common equity tier 1 capital ratio the subsidiary must 
maintain to avoid restrictions on distributions and discretionary bonus 
payments under Sec.  324.11 or equivalent standards established by the 
subsidiary's home country supervisor.
    (4) Tier 1 minority interest includable in the tier 1 capital of 
the FDIC-supervised institution. For each consolidated subsidiary of 
the ERBA FDIC-supervised institution, the amount of tier 1 minority 
interest the FDIC-supervised institution may include in tier 1 capital 
is equal to:
    (i) The tier 1 minority interest of the subsidiary; minus
    (ii) The percentage of the subsidiary's tier 1 capital that is not 
owned by the FDIC-supervised institution multiplied by the difference 
between the tier 1 capital of the subsidiary and the lower of:
    (A) The amount of tier 1 capital the subsidiary must hold, or would 
be required to hold pursuant to this paragraph (b), to avoid 
restrictions on distributions and discretionary bonus payments under 
Sec.  324.11 or equivalent standards established by the subsidiary's 
home country supervisor, or
    (B) (1) The expanded total risk-weighted assets of the FDIC-
supervised institution that relate to the subsidiary multiplied by
    (2) The tier 1 capital ratio the subsidiary must maintain to avoid 
restrictions on distributions and discretionary bonus payments under 
Sec.  324.11 or equivalent standards established by the subsidiary's 
home country supervisor.
    (5) Total capital minority interest includable in the total capital 
of the FDIC-supervised institution. For each consolidated subsidiary of 
the ERBA FDIC-supervised institution, the amount of total capital 
minority interest the FDIC-supervised institution may include in total 
capital is equal to:
    (i) The total capital minority interest of the subsidiary; minus
    (ii) The percentage of the subsidiary's total capital that is not 
owned by the FDIC-supervised institution multiplied by the difference 
between the total capital of the subsidiary and the lower of:
    (A) The amount of total capital the subsidiary must hold, or would 
be required to hold pursuant to this paragraph (b), to avoid 
restrictions on distributions and discretionary bonus payments under 
Sec.  324.11 or equivalent standards established by the subsidiary's 
home country supervisor, or
    (B) (1) The expanded total risk-weighted assets of the FDIC-
supervised institution that relate to the subsidiary multiplied by
    (2) The total capital ratio the subsidiary must maintain to avoid 
restrictions on distributions and discretionary bonus payments under 
Sec.  324.11 or equivalent standards established by the subsidiary's 
home country supervisor.
* * * * *
0
101. In Sec.  324.22:
0
a. Redesignate footnotes 22 through 31 as footnotes 1 through 10, 
respectively;
0
b. Revise newly redesignated footnotes 1, 5, 6, 7, 9, and 10;
0
c. Revise paragraph (a)(4);
0
d. Remove and reserve paragraph (a)(6);
0
e. Revise paragraph (b)(1)(ii);
0
f. Revise paragraphs (b)(2)(i), (b)(2)(ii), (b)(2)(iii), and (b)(2)(iv) 
introductory text, and (c)(2) introductory text; and
0
g. Revise paragraphs (c)(5), (c)(6), (d)(1) introductory text, (d)(2), 
and (f),
    The revisions read as follows:


Sec.  324.22  Regulatory capital adjustments and deductions

* * * * *
    (a) * * *
    (4) (i) Any gain-on-sale in connection with a securitization 
exposure;
    (ii) For an ERBA FDIC-supervised institution, the portion of any 
CEIO that does not constitute an after-tax gain-on-sale;
* * * * *
    (b) * * *
    (1) * * *
    (ii) An ERBA FDIC-supervised institution, and an FDIC-supervised 
institution that has not made an AOCI opt-out election (as defined in 
paragraph (b)(2) of this section), must deduct any accumulated net 
gains and add any accumulated net losses on cash flow hedges included 
in AOCI that relate to the hedging of items that are not recognized at 
fair value on the balance sheet.
* * * * *
    (2) AOCI opt-out election.
    (i) An FDIC-supervised institution that is not an ERBA FDIC-
supervised institution may make a one-time election to opt out of the 
requirement to include all components of AOCI (with the exception of 
accumulated net gains and losses on cash flow hedges related to items 
that are not fair-valued on the balance sheet) in common equity tier 1 
capital (AOCI opt-out election). An FDIC-supervised institution that 
makes an AOCI opt-out election in accordance with this paragraph (b)(2) 
must adjust common equity tier 1 capital as follows:
    (A) Subtract any net unrealized gains and add any net unrealized 
losses on available-for-sale securities;
    (B) Subtract any accumulated net gains and add any accumulated net 
losses on cash flow hedges;
    (C) Subtract any amounts recorded in AOCI attributed to defined 
benefit postretirement plans resulting from the initial and subsequent 
application of the relevant GAAP standards that pertain to such plans 
(excluding, at the FDIC-supervised institution's option, the portion 
relating to pension assets deducted under paragraph (a)(5) of this 
section); and
    (D) Subtract any net unrealized gains and add any net unrealized 
losses on held-to-maturity securities that are included in AOCI.
* * * * *
    (ii) An FDIC-supervised institution that is not an ERBA FDIC-
supervised institution must make its AOCI opt-out election in the Call 
Report during the first reporting period after the FDIC-supervised 
institution is required to comply with subpart A of this part. If

[[Page 15324]]

the FDIC-supervised institution was previously an ERBA FDIC-supervised 
institution, the FDIC-supervised institution may not make an AOCI opt-
out election under this paragraph (b)(2)(ii).
    (iii) With respect to an FDIC-supervised institution that is not an 
ERBA FDIC-supervised institution, each of its subsidiary banking 
organizations that is subject to regulatory capital requirements issued 
by the Federal Reserve, the FDIC, or the OCC1 must elect the same 
option as the FDIC-supervised institution pursuant to this paragraph 
(b)(2).
    (iv) With prior notice to the FDIC, an FDIC-supervised institution 
resulting from a merger, acquisition, or purchase transaction and that 
is not an ERBA FDIC-supervised institution may change its AOCI opt-out 
election in its Call Report filed for the first reporting period after 
the date required for such FDIC-supervised institution to comply with 
subpart A of this part as set forth in Sec.  324.1(f) if:
* * * * *
    (c) * * *
    (2) Corresponding deduction approach. For purposes of subpart C of 
this part, the corresponding deduction approach is the methodology used 
for the deductions from regulatory capital related to reciprocal cross 
holdings (as described in paragraph (c)(3) of this section), 
investments in the capital of unconsolidated financial institutions for 
an FDIC-supervised institution that is not an ERBA FDIC-supervised 
institution (as described in paragraph (c)(4) of this section), non-
significant investments in the capital of unconsolidated financial 
institutions for an ERBA FDIC-supervised institution (as described in 
paragraph (c)(5) of this section), and non-common stock significant 
investments in the capital of unconsolidated financial institutions for 
an ERBA FDIC-supervised institution (as described in paragraph (c)(6) 
of this section). Under the corresponding deduction approach, an FDIC-
supervised institution must make deductions from the component of 
capital for which the underlying instrument would qualify if it were 
issued by the FDIC-supervised institution itself, as described in 
paragraphs (c)(2)(i) through (iii) of this section. If the FDIC-
supervised institution does not have a sufficient amount of a specific 
component of capital to effect the required deduction, the shortfall 
must be deducted according to paragraph (f) of this section.
* * * * *
    (5) * * *
    (i) An ERBA FDIC-supervised institution must deduct its non-
significant investments in the capital of unconsolidated financial 
institutions (as defined in Sec.  324.2) that, in the aggregate and 
together with any investment in a covered debt instrument (as defined 
in Sec.  324.2) issued by a financial institution in which the FDIC-
supervised institution does not have a significant investment in the 
capital of the unconsolidated financial institution (as defined in 
Sec.  324.2), exceeds 10 percent of the sum of the FDIC-supervised 
institution's common equity tier 1 capital elements minus all 
deductions from and adjustments to common equity tier 1 capital 
elements required under paragraphs (a) through (c)(3) of this section 
(the 10 percent threshold for non-significant investments) by applying 
the corresponding deduction approach in paragraph (c)(2) of this 
section.5 The deductions described in this paragraph are net of 
associated DTLs in accordance with paragraph (e) of this section. In 
addition, with the prior written approval of the FDIC, an ERBA FDIC-
supervised institution that underwrites a failed underwriting, for the 
period of time stipulated by the FDIC, is not required to deduct from 
capital a non-significant investment in the capital of an 
unconsolidated financial institution or an investment in a covered debt 
instrument pursuant to this paragraph (c)(5) to the extent the 
investment is related to the failed underwriting.6 For any calculation 
under this paragraph (c)(5)(i), an ERBA FDIC-supervised institution may 
exclude the amount of an investment in a covered debt instrument under 
paragraph (c)(5)(iii) or (iv) of this section, as applicable.
    (ii) For an ERBA FDIC-supervised institution, the amount to be 
deducted under this paragraph (c)(5) from a specific capital component 
is equal to:
    (A) The FDIC-supervised institution's aggregate non-significant 
investments in the capital of an unconsolidated financial institution 
and, if applicable, any investments in a covered debt instrument 
subject to deduction under this paragraph (c)(5), exceeding the 10 
percent threshold for non-significant investments, multiplied by
    (B) The ratio of the FDIC-supervised institution's aggregate non-
significant investments in the capital of an unconsolidated financial 
institution (in the form of such capital component) to the FDIC-
supervised institution's total non-significant investments in 
unconsolidated financial institutions, with an investment in a covered 
debt instrument being treated as tier 2 capital for this purpose.
* * * * *
    (iii) For purposes of applying the deduction under paragraph 
(c)(5)(i) of this section, an ERBA FDIC-supervised institution that is 
not a Category I FDIC-supervised institution may exclude from the 
deduction the amount of the FDIC-supervised institution's gross long 
position, in accordance with Sec.  324.22(h)(2), in investments in 
covered debt instruments issued by financial institutions in which the 
FDIC-supervised institution does not have a significant investment in 
the capital of the unconsolidated financial institutions up to an 
amount equal to 5 percent of the sum of the FDIC-supervised 
institution's common equity tier 1 capital elements minus all 
deductions from and adjustments to common equity tier 1 capital 
elements required under paragraphs (a) through (c)(3) of this section, 
net of associated DTLs in accordance with paragraph (e) of this 
section.
    (iv) Prior to applying the deduction under paragraph (c)(5)(i) of 
this section:
    (A) A Category I FDIC-supervised institution may designate any 
investment in a covered debt instrument as an excluded covered debt 
instrument, as defined in Sec.  324.2.
    (B) A Category I FDIC-supervised institution must deduct, according 
to the corresponding deduction approach in paragraph (c)(2) of this 
section, its gross long position, calculated in accordance with 
paragraph (h)(2) of this section, in a covered debt instrument that was 
originally designated as an excluded covered debt instrument, in 
accordance with paragraph (c)(5)(iv)(A) of this section, but no longer 
qualifies as an excluded covered debt instrument.
    (C) A Category I FDIC-supervised institution must deduct according 
to the corresponding deduction approach in paragraph (c)(2) of this 
section the amount of its gross long position, calculated in accordance 
with paragraph (h)(2) of this section, in a direct or indirect 
investment in a covered debt instrument that was originally designated 
as an excluded covered debt instrument, in accordance with paragraph 
(c)(5)(iv)(A) of this section, and has been held for more than thirty 
business days.
    (D) A Category I FDIC-supervised institution must deduct according 
to the corresponding deduction approach in paragraph (c)(2) of this 
section its gross long position, calculated in accordance with 
paragraph (h)(2) of this section, of its aggregate position in excluded 
covered debt instruments that exceeds 5

[[Page 15325]]

percent of the sum of the FDIC-supervised institution's common equity 
tier 1 capital elements minus all deductions from and adjustments to 
common equity tier 1 capital elements required under paragraphs (a) 
through (c)(3) of this section, net of associated DTLs in accordance 
with paragraph (e) of this section.
* * * * *
    (6) Significant investments in the capital of unconsolidated 
financial institutions that are not in the form of common stock. If an 
ERBA FDIC-supervised institution has a significant investment in the 
capital of an unconsolidated financial institution, the FDIC-supervised 
institution must deduct from capital any such investment issued by the 
unconsolidated financial institution that is held by the FDIC-
supervised institution other than an investment in the form of common 
stock, as well as any investment in a covered debt instrument issued by 
the unconsolidated financial institution, by applying the corresponding 
deduction approach in paragraph (c)(2) of this section.7 The deductions 
described in this section are net of associated DTLs in accordance with 
paragraph (e) of this section. In addition, with the prior written 
approval of the FDIC, for the period of time stipulated by the FDIC, an 
ERBA FDIC-supervised institution that underwrites a failed underwriting 
is not required to deduct the significant investment in the capital of 
an unconsolidated financial institution or an investment in a covered 
debt instrument pursuant to this paragraph (c)(6) if such investment is 
related to such failed underwriting.
    (d) Certain DTAs subject to common equity tier 1 capital deduction 
thresholds.
    (1) An FDIC-supervised institution that is not an ERBA FDIC-
supervised institution must make deductions from regulatory capital as 
described in this paragraph (d)(1).
* * * * *
    (2) An ERBA FDIC-supervised institution must make deductions from 
regulatory capital as described in this paragraph (d)(2).
    (i) An ERBA FDIC-supervised institution must deduct from common 
equity tier 1 capital elements the amount of each of the items set 
forth in this paragraph (d)(2) that, individually, exceeds 10 percent 
of the sum of the FDIC-supervised institution's common equity tier 1 
capital elements, less adjustments to and deductions from common equity 
tier 1 capital required under paragraphs (a) through (c) of this 
section (the 10 percent common equity tier 1 capital deduction 
threshold).
    (A) DTAs arising from temporary differences that the FDIC-
supervised institution could not realize through net operating loss 
carrybacks, net of any related valuation allowances and net of DTLs, in 
accordance with paragraph (e) of this section. An ERBA FDIC-supervised 
institution is not required to deduct from the sum of its common equity 
tier 1 capital elements DTAs (net of any related valuation allowances 
and net of DTLs, in accordance with Sec.  324.22(e)) arising from 
timing differences that the FDIC-supervised institution could realize 
through net operating loss carrybacks. The FDIC-supervised institution 
must risk weight these assets at 100 percent. For an FDIC-supervised 
institution that is a member of a consolidated group for tax purposes, 
the amount of DTAs that could be realized through net operating loss 
carrybacks may not exceed the amount that the FDIC-supervised 
institution could reasonably expect to have refunded by its parent 
holding company.
    (B) Significant investments in the capital of unconsolidated 
financial institutions in the form of common stock, net of associated 
DTLs in accordance with paragraph (e) of this section.\9\ Significant 
investments in the capital of unconsolidated financial institutions in 
the form of common stock subject to the 10 percent common equity tier 1 
capital deduction threshold may be reduced by any goodwill embedded in 
the valuation of such investments deducted by the FDIC-supervised 
institution pursuant to paragraph (a)(1) of this section. In addition, 
with the prior written approval of the FDIC, for the period of time 
stipulated by the FDIC, an ERBA FDIC-supervised institution that 
underwrites a failed underwriting is not required to deduct a 
significant investment in the capital of an unconsolidated financial 
institution in the form of common stock pursuant to this paragraph 
(d)(2) if such investment is related to such failed underwriting.
    (ii) An ERBA FDIC-supervised institution must deduct from common 
equity tier 1 capital elements the items listed in paragraph (d)(2)(i) 
of this section that are not deducted as a result of the application of 
the 10 percent common equity tier 1 capital deduction threshold, and 
that, in aggregate, exceed 17.65 percent of the sum of the FDIC-
supervised institution's common equity tier 1 capital elements, minus 
adjustments to and deductions from common equity tier 1 capital 
required under paragraphs (a) through (c) of this section, minus the 
items listed in paragraph (d)(2)(i) of this section (the 15 percent 
common equity tier 1 capital deduction threshold). Any goodwill that 
has been deducted under paragraph (a)(1) of this section can be 
excluded from the significant investments in the capital of 
unconsolidated financial institutions in the form of common stock.\10\
    (iii) For purposes of calculating the amount of DTAs subject to the 
10 and 15 percent common equity tier 1 capital deduction thresholds, an 
ERBA FDIC-supervised institution may exclude DTAs and DTLs relating to 
adjustments made to common equity tier 1 capital under paragraph (b) of 
this section. An ERBA FDIC-supervised institution that elects to 
exclude DTAs relating to adjustments under paragraph (b) of this 
section also must exclude DTLs and must do so consistently in all 
future calculations. An ERBA FDIC-supervised institution may change its 
exclusion preference only after obtaining the prior approval of the 
FDIC.
* * * * *
    (f) Insufficient amounts of a specific regulatory capital component 
to effect deductions. Under the corresponding deduction approach, if an 
FDIC-supervised institution does not have a sufficient amount of a 
specific component of capital to effect the full amount of any 
deduction from capital required under paragraph (d) of this section, 
the FDIC-supervised institution must deduct the shortfall amount from 
the next higher (that is, more subordinated) component of regulatory 
capital. Any investment by an ERBA FDIC-supervised institution in a 
covered debt instrument must be treated as an investment in the tier 2 
capital for purposes of this paragraph (f). Notwithstanding any other 
provision of this section, a qualifying community banking organization 
(as defined in Sec.  324.12) that has elected to use the community bank 
leverage ratio framework pursuant to Sec.  324.12 is not required to 
deduct any shortfall of tier 2 capital from its additional tier 1 
capital or common equity tier 1 capital.
* * * * *
    \1\ These rules include the regulatory capital requirements set 
forth at 12 CFR part 3 (OCC); 12 CFR part 217 (Board); 12 CFR part 
324 (FDIC).
* * * * *
    \5\ With the prior written approval of the FDIC, for the period 
of time stipulated by the FDIC, an ERBA FDIC-supervised institution 
is not required to deduct a non-significant investment in the 
capital of an unconsolidated financial institution or an investment 
in a covered debt instrument pursuant to this paragraph if the 
financial

[[Page 15326]]

institution is in distress and if such investment is made for the 
purpose of providing financial support to the financial institution, 
as determined by the FDIC.
    \6\ Any non-significant investment in the capital of an 
unconsolidated financial institution or any investment in a covered 
debt instrument that is not required to be deducted under this 
paragraph (c)(5) or otherwise under this section must be assigned 
the appropriate risk weight under subparts E or F of this part, as 
applicable.
    \7\ With prior written approval of the FDIC, for the period of 
time stipulated by the FDIC, an ERBA FDIC-supervised institution is 
not required to deduct a significant investment in the capital of an 
unconsolidated financial institution, including an investment in a 
covered debt instrument, under this paragraph (c)(6) or otherwise 
under this section if such investment is made for the purpose of 
providing financial support to the financial institution as 
determined by the FDIC.
* * * * *
    \9\ With the prior written approval of the FDIC, for the period 
of time stipulated by the FDIC, an ERBA FDIC-supervised institution 
is not required to deduct a significant investment in the capital 
instrument of an unconsolidated financial institution in distress in 
the form of common stock pursuant to this section if such investment 
is made for the purpose of providing financial support to the 
financial institution as determined by the FDIC.
    \10\ The amount of the items in paragraph (d)(2) of this section 
that is not deducted from common equity tier 1 capital pursuant to 
this section must be included in the risk-weighted assets of the 
ERBA FDIC-supervised institution and assigned the appropriate risk 
weight for the investment under subpart E of this part for purposes 
of expanded total risk-weighted assets.

Subpart D--Risk-Weighted Assets--Standardized Approach


Sec.  324.30  [Amended]

0
102. In Sec.  324.30
0
a. Revise paragraph (a);
0
b. In paragraph (b), remove the words ``covered positions'' and add in 
their place the words ``market risk covered positions''.
    The revision reads as follows:
* * * * *
    (a) This subpart sets forth methodologies for determining 
standardized total risk-weighted assets. This subpart applies to any 
FDIC-supervised institution that elects to use this subpart under Sec.  
324.10(b).
* * * * *


Sec.  324.34  Derivative contracts.

0
103. In Sec.  324.34, revise paragraph (a) to read as follows:
* * * * *
    (a) Exposure amount for derivative contracts--(1) An FDIC-
supervised institution must use the current exposure methodology (CEM) 
described in paragraph (b) of this section to calculate the exposure 
amount for all its OTC derivative contracts, unless the FDIC-supervised 
institution makes the election provided in paragraph (a)(2) of this 
section.
    (2) An FDIC-supervised institution may elect to calculate the 
exposure amount for all its OTC derivative contracts under the 
standardized approach for counterparty credit risk (SA-CCR) in Sec.  
324.114 by notifying the FDIC, rather than calculating the exposure 
amount for all its derivative contracts using CEM. An FDIC-supervised 
institution that elects under this paragraph (a)(2) to calculate the 
exposure amount for its OTC derivative contracts under SA-CCR must 
apply the treatment of cleared transactions under Sec.  324.116 to its 
derivative contracts that are cleared transactions and to all default 
fund contributions associated with such derivative contracts, rather 
than applying Sec.  324.35. An FDIC-supervised institution must use the 
same methodology to calculate the exposure amount for all its 
derivative contracts and, if an FDIC-supervised institution has elected 
to use SA-CCR under this paragraph (a)(2), the FDIC-supervised 
institution may change its election only with prior approval of the 
FDIC.
* * * * *
0
104. In Sec.  324.35, revise paragraph (a)(3) to read as follows:


Sec.  324.35  Cleared transactions.

    (a) * * *
    (3) Alternate requirements. Notwithstanding any other provision of 
this section, an FDIC-supervised institution that has elected to use 
SA-CCR under Sec.  324.34(a) must apply Sec.  324.116 to its derivative 
contracts that are cleared transactions rather than this section.
* * * * *
0
105. In Sec.  324.37, revise paragraph (c)(1) to read as follows:


Sec.  324.37  Collateralized transactions.

* * * * *
    (c) Collateral haircut approach--(1) General. An FDIC-supervised 
institution may recognize the credit risk mitigation benefits of 
financial collateral that secures an eligible margin loan, repo-style 
transaction, collateralized derivative contract, or single-product 
netting set of such transactions, and of any collateral that secures a 
repo-style transaction that is included in the FDIC-supervised 
institution's measure for market risk under subpart F of this part by 
using the collateral haircut approach in this section. An FDIC-
supervised institution may use the standard supervisory haircuts in 
paragraph (c)(3) of this section or, with prior written approval of the 
FDIC, its own estimates of haircuts according to paragraph (c)(4) of 
this section.
* * * * *


Sec.  324.61  [Amended]

0
106. In Sec.  324.61:
0
a. Remove the citation ``Sec.  324.172'' wherever it appears, and add 
in its place the citations ``Sec. Sec.  324.160 and 324.161''; and
0
b. Remove the sentence ``An advanced approaches FDIC-supervised 
institution that has not received approval from the FDIC to exit 
parallel run pursuant to Sec.  324.121(d) is subject to the disclosure 
requirements described in Sec. Sec.  324.62 and 324.63.''.
0
107. In Sec.  324.63:
0
a. In table 3, revise entry (c); and
0
b. Remove paragraphs (d) and (e).
    The revision reads as follows:


Sec.  324.63  Disclosures by FDIC-supervised institutions described in 
Sec.  324.61.

* * * * *

               Table 3 to Sec.   324.63--Capital Adequacy
------------------------------------------------------------------------
 
------------------------------------------------------------------------
 
                              * * * * * * *
                                  (c)           Market risk-weighted
                                                 assets as calculated
                                                 under subpart F of this
                                                 part.
 
                              * * * * * * *
------------------------------------------------------------------------


[[Page 15327]]

* * * * *

Subpart E--Risk-Weighted Assets--Expanded Risk-Based Approach


Sec.  324.111  [Amended]

0
108. In Sec.  324.111:
0
a. Remove paragraph (j)(1)(i) and redesignate paragraph (j)(1)(ii) as 
paragraph (j)(1); and
0
b. Remove paragraphs (k).
0
109. In Sec.  324.132, revise paragraphs (h)(1)(iv) and (h)(4)(i) to 
read as follows:


Sec.  324.132  Risk-weighted assets for securitization exposures.

* * * * *
    (h) * * *
    (1) * * *
    (iv) The FDIC-supervised institution is well capitalized, as 
defined in subpart H of this part. For purposes of determining whether 
an FDIC-supervised institution is well capitalized for purposes of this 
paragraph (h), the FDIC-supervised institution's capital ratios must be 
calculated without regard to the capital treatment for transfers of 
small-business obligations with recourse specified in paragraph (h)(1) 
of this section.
* * * * *
    (4) * * *
    (i) Determining whether an FDIC-supervised institution is 
adequately capitalized, undercapitalized, significantly 
undercapitalized, or critically undercapitalized under subpart H of 
this part; and
* * * * *
0
110. In Sec.  324.162:
0
a. Revise paragraph (c) as follows; and
0
b. Revise the heading of Table 13 as follows.


Sec.  324.162  Mechanics of risk-weighted asset calculation.

* * * * *
    (c) Regulatory capital instrument and other instruments eligible 
for total loss absorbing capacity (TLAC) disclosures. An FDIC-
supervised institution described in Sec.  324.160 must provide a 
description of the main features of its regulatory capital instruments, 
in accordance with table 13 to paragraph (c). If the FDIC-supervised 
institution issues or repays a capital instrument, or in the event of a 
redemption, conversion, write down, or other material change in the 
nature of an existing instrument, but in no event less frequently than 
semiannually, the FDIC-supervised institution must update the 
disclosures provided in accordance with table 13 to paragraph (c). An 
FDIC-supervised institution also must disclose the full terms and 
conditions of all instruments included in regulatory capital.

      Table 13 to Paragraph (c)--Main Features of Regulatory Capital Instruments and of Other TLAC-Eligible
                                                   Instruments
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
Qualitative Disclosures................  (a)                  For each regulatory capital instrument and any
                                                               other instrument that is an eligible debt
                                                               security as defined in 12 CFR 252.61, the FDIC-
                                                               supervised institution must provide the following
                                                               information:
                                        ------------------------------------------------------------------------
                                            ................  (1) The issuer's legal entity.
                                            ................  (2) The unique identifier.
                                            ................  (3) The governing law(s) of the instrument.
                                            ................  (4) The regulatory capital treatment.
                                            ................  (5) The level(s) within the FDIC-supervised
                                                               institution at which the instrument is included
                                                               in capital.
                                            ................  (6) The instrument type.
                                            ................  (7) The amount recognized in regulatory capital.
                                            ................  (8) The par value of the instrument.
                                            ................  (9) The accounting classification as debt or
                                                               equity.
                                            ................  (10) The original date of issuance.
                                            ................  (11) Whether perpetual or dated.
                                            ................  (12) The original maturity date.
                                            ................  (13) Whether an issuer call option subject to
                                                               prior supervisory approval exists.
                                            ................  (14) For an instrument with an issuer call option:
                                                               (i) the first date of call if the instrument has
                                                               a call option on a specific date (day, month, and
                                                               year); (ii) the instrument has a tax and/or
                                                               regulatory event call; and (iii) the redemption
                                                               price.
                                            ................  (15) Whether there are subsequent call option
                                                               dates and, if so, their frequency.
                                            ................  (16) Whether the coupon or dividend is fixed over
                                                               the life of the instrument, floating over the
                                                               life of the instrument, currently fixed but will
                                                               move to a floating rate in the future, or
                                                               currently floating but will move to a fixed rate
                                                               in the future.
                                            ................  (17) The coupon rate of the instrument and any
                                                               related index that the coupon or dividend rate
                                                               references.
                                            ................  (18) Whether the non-payment of a coupon or
                                                               dividend on the instrument prohibits the payment
                                                               of dividends on common shares.
                                            ................  (19) Whether the issuer has full, partial, or no
                                                               discretion over whether a coupon or dividend is
                                                               paid.
                                            ................  (20) Whether there is a step-up or other incentive
                                                               to redeem.
                                            ................  (21) Whether the dividends or coupons are
                                                               cumulative or non-cumulative.
                                            ................  (22) Whether the instrument is convertible or non-
                                                               convertible.
                                            ................  (23) If the instrument is convertible, the
                                                               conditions under which the instrument will
                                                               convert, including point of non-viability. Where
                                                               one or more authorities have the ability to
                                                               trigger conversion, the authorities should be
                                                               listed. For each of the authorities, state
                                                               whether the legal basis for the authority to
                                                               trigger conversion is provided by the terms of
                                                               the contract of the instrument (a contractual
                                                               approach) or statutory means (a statutory
                                                               approach).
                                            ................  (24) If the instrument is convertible, whether the
                                                               instrument will: (i) always convert fully; (ii)
                                                               may convert fully or partially; or (iii) will
                                                               always convert partially.
                                            ................  (25) If the instrument is convertible, the rate of
                                                               conversion into the more loss-absorbent
                                                               instrument.
                                            ................  (26) If the instrument is convertible, whether
                                                               conversion is mandatory or optional.
                                            ................  (27) If the instrument is convertible, the
                                                               instrument type into which it is convertible.
                                            ................  (28) If the instrument is convertible, the issuer
                                                               of the instrument into which it converts.
                                            ................  (29) Whether a write-down feature exists.
                                            ................  (30) If there is a write-down feature, the trigger
                                                               at which write-down occurs, including point of
                                                               non-viability. Where one or more authorities have
                                                               the ability to trigger write-down, the
                                                               authorities should be listed. For each of the
                                                               authorities it should be stated whether the legal
                                                               basis for the authority to trigger conversion is
                                                               provided by the terms of the contract of the
                                                               instrument or statutory means.

[[Page 15328]]

 
                                            ................  (31) If there is a write-down feature, for each
                                                               write-down trigger separately, whether the
                                                               instrument will: (i) always be written down
                                                               fully; (ii) may be written down partially; or
                                                               (iii) will always be written down partially.
                                            ................  (32) If there is a write-down feature, whether the
                                                               write-down is permanent or temporary.
                                            ................  (33) For instruments that have a temporary write-
                                                               down, a description of the writeup mechanism.
                                            ................  (34) The type of subordination.
                                            ................  (35) A description of the position in
                                                               subordination hierarchy in liquidation, including
                                                               by specifying the instrument type immediately
                                                               senior to instrument in the insolvency creditor
                                                               hierarchy of the legal entity concerned.
----------------------------------------------------------------------------------------------------------------

Subpart F--Risk-weighted Assets--Market Risk and Credit Valuation 
Adjustment (CVA)

0
111. In Sec.  324.201:
0
a. Revise paragraphs (b)(1) and (b)(2); and
0
b. In paragraph (d), remove ``[12 CFR 3.404, 263.202, and 324.5(c)]'' 
and add ``12 CFR 324.7(c)'' in its place wherever it appears.
    The revisions are as follows:


Sec.  324.201  Purpose, applicability, and reservation of authority.

* * * * *
    (b) * * *
    (1) Market risk. The market risk capital requirements and related 
reporting and public disclosure requirements specified in Sec. Sec.  
__.203 through __.217 apply to an FDIC-supervised institution that has 
aggregate trading assets and trading liabilities, excluding customer 
and proprietary broker-dealer reserve bank accounts, equal to:
    (i) 10 percent or more of quarter-end total assets as reported on 
the most recent quarterly Call Report; or
    (ii) $5 billion, as adjusted pursuant to Sec.  324.4, or more, on 
average for the four most recent quarters as reported in the FDIC-
supervised institution's Call Reports.
* * * * *
    (2) CVA Risk. The CVA risk-based capital requirements specified in 
Sec. Sec.  324.220 through 324.225 apply to any FDIC-supervised 
institution that is:
    (i) A subsidiary of a global systemically important BHC or a 
Category II depository institution holding company and subject to the 
market risk framework pursuant to Sec.  324.201(b)(1); or
    (ii) An FDIC-supervised institution that is subject to the market 
risk framework pursuant to Sec.  324.201(b)(1) and engages in OTC 
derivative contracts with an aggregate gross notional value, as 
reported on the FDIC-supervised institution's Call Reports of $1 
trillion [, as adjusted pursuant to Sec.  324.4,] or more on average 
for the prior four quarters.
* * * * *
* * * * *

Subpart G--Transition Provisions

0
112. In Sec.  324.300:
0
a. Revise paragraph (a); and
0
b. Remove and reserve paragraphs (f) through (h).
    The revision and addition read as follows:


Sec.  324.300  Transitions.

    (a) Transition adjustments for AOCI. Beginning [January 1, 2027], 
an FDIC-supervised institution that uses expanded total risk-weighted 
assets for purposes of Sec.  324.10(a)(5) and that had made an AOCI 
opt-out election under Sec.  324.22(b)(2) effective [December 31, 2026] 
must subtract from the sum of its common equity tier 1 elements, before 
making deduction required under Sec.  324.22(c) or (d), the AOCI 
adjustment amount multiplied by the percentage provided in Table 1 to 
Sec.  324.300.
    The transition AOCI adjustment amount is the sum of:
    (1) Net unrealized gains or losses on available-for-sale debt 
securities, plus
    (2) Accumulated net gains or losses on cash flow hedges, plus
    (3) Any amounts recorded in AOCI attributed to defined benefit 
postretirement plans resulting from the initial and subsequent 
application of the relevant GAAP standards that pertain to such plans, 
plus
    (4) Net unrealized holding gains or losses on held-to-maturity 
securities that are included in AOCI.

                                            Table 1 to Sec.   324.300
----------------------------------------------------------------------------------------------------------------
                                           Transition AOCI adjustment
-----------------------------------------------------------------------------------------------------------------
                                                                        Percentage applicable to transition AOCI
                          Transition period                                        adjustment amount
----------------------------------------------------------------------------------------------------------------
January 1, 2027 to December 31, 2027.................................                                        100
January 1, 2028 to December 31, 2028.................................                                         80
January 1, 2029 to December 31, 2029.................................                                         60
January 1, 2030 to December 31, 2030.................................                                         40
January 1, 2031 to December 31, 2031.................................                                         20
January 1, 2032 and thereafter.......................................                                          0
----------------------------------------------------------------------------------------------------------------

* * * * *


Sec.  324.301  Current expected credit losses (CECL) transition.

0
113. Remove and reserve Sec.  324.301.


Sec.  324.303  [Removed and Reserved]

0
114. Remove and reserve Sec.  324.303.


Sec.  324.304  [Removed and Reserved]

0
115. Remove and reserve Sec.  324.304.

Subpart H--Prompt Corrective Action

0
116. In Sec.  324.401, revise paragraphs (c), (f), and (g).
    The revisions read as follows:


Sec.  324.401  Authority, purpose, scope, other supervisory authority, 
disclosure of capital categories, and transition procedures

* * * * *
    (c) Scope. This subpart H implements the provisions of section 38 
of the FDI Act as they apply to FDIC-supervised institutions and 
insured branches of foreign banks for which the FDIC is the appropriate 
Federal banking agency. Certain of these provisions also apply to 
officers, directors and employees of those insured institutions. In 
addition, certain provisions of this subpart apply

[[Page 15329]]

to all insured depository institutions that are deemed critically 
undercapitalized.
* * * * *
    (f) Timing. The calculation of the definitions of common equity 
tier 1 capital, the common equity tier 1 risk-based capital ratio, the 
leverage ratio, the supplementary leverage ratio, tangible equity, tier 
1 capital, the tier 1 risk-based capital ratio, total assets, total 
leverage exposure, the total risk-based capital ratio, and total risk-
weighted assets under this subpart H is subject to the timing 
provisions at 12 CFR 324.1(f) and the transitions at 12 CFR part 324, 
subpart G.
    (g) For purposes of subpart H, total assets means quarterly average 
total assets as reported in an FDIC-supervised institution's Call 
Report, minus amounts deducted from tier 1 capital under Sec.  
324.22(a), (c), and (d). At its discretion, the FDIC may calculate 
total assets using an FDIC-supervised institution's period-end assets 
rather than quarterly average assets.
0
117. Amend Sec.  324.403, by revising paragraphs (a)(1)(iv)(B), 
(b)(2)(vi), and (b)(3)(v) to read as follows:


Sec.  324.403  Capital measures and capital category definitions.

    (a) * * *
    (1) * * *
    (iv) * * *
    (B) With respect to a Category I FDIC-supervised institution, 
Category II FDIC-supervised institution, or Category III FDIC-
supervised institution, the supplementary leverage ratio.
* * * * *
    (b) * * *
    (2) * * *
    (vi) A Category I FDIC-supervised institution, Category II FDIC-
supervised institution, or Category III FDIC-supervised institution 
will be deemed to be ``adequately capitalized'' if it satisfies 
paragraphs (b)(2)(i) through (v) of this section and has a 
supplementary leverage ratio of 3.0 percent or greater, as calculated 
in accordance with Sec.  324.10.
    (3) * * *
    (v) A Category I FDIC-supervised institution, Category II FDIC-
supervised institution, or Category III FDIC-supervised institution 
will be deemed to be ``undercapitalized'' if it has a supplementary 
leverage ratio of less than 3.0 percent, as calculated in accordance 
with Sec.  324.10.
* * * * *


Sec.  Sec.  324.1, 324.2, 324.10, 324.12, 324.22, 324.61, 324.302, 
324.305   [Amended]

0
118. In the table below, for each section indicated in the left column, 
remove the words indicated in the middle column from wherever it 
appears in the section, and add the words indicated in the right 
column:

------------------------------------------------------------------------
                                      Remove the       Add the following
            Sections:              following words:         words:
------------------------------------------------------------------------
324.1...........................  ``advanced          ``ERBA FDIC-
324.2...........................   approaches FDIC-    supervised
324.12(a)(2) introductory text..   supervised          institution.''
324.21(a)(1)....................   institution''.
324.22 (a)(1)(ii), (b)(1)(iii),
 (c)(2)(ii)(D), (c)(3)(ii), and
 (c)(4), and.
324.61..........................
324.22(g).......................  ``advanced          ``expanded total
324.302, and....................   approaches total    risk-weighted
324.305.........................   risk-weighted       assets.''
                                   assets''.
324.2, in the definition of       ``Sec.   324.133''  ``Sec.
 ``qualifying central                                  324.114.''
 counterparty (QCCP)''.
------------------------------------------------------------------------

* * * * *

Jonathan V. Gould,
Comptroller of the Currency.
    By order of the Board of Governors of the Federal Reserve 
System.
Benjamin W. McDonough,
Secretary of the Board.

Federal Deposit Insurance Corporation.

    By order of the Board of Directors,

    Dated at Washington, DC, on March 19, 2026.
Jennifer M. Jones,
Deputy Executive Secretary.
[FR Doc. 2026-05959 Filed 3-26-26; 8:45 am]
 BILLING CODE 4810-33-6210-01-6714-01-P