Federal Agricultural Mortgage Corporation Funding and Fiscal Affairs; Risk-Based Capital Requirements, 52301-52309 [E7-18014]
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52301
Proposed Rules
Federal Register
Vol. 72, No. 177
Thursday, September 13, 2007
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
FARM CREDIT ADMINISTRATION
12 CFR Part 652
RIN 3052–AC36
Federal Agricultural Mortgage
Corporation Funding and Fiscal
Affairs; Risk-Based Capital
Requirements
Farm Credit Administration.
Proposed rule.
AGENCY:
ebenthall on PRODPC61 with PROPOSALS
ACTION:
SUMMARY: The Farm Credit
Administration (FCA, Agency, us, or
we) adopts a proposed rule that would
amend regulations governing the
Federal Agricultural Mortgage
Corporation (Farmer Mac or the
Corporation). We propose to update the
model in response to recent additions to
Farmer Mac’s program operations that
are not addressed in the current version
of the model. We propose to amend the
current model’s assumption regarding
the carrying cost of nonperforming loans
to better reflect Farmer Mac’s actual
business practices. We further propose
to add a new component to the model
to recognize counterparty risk on
nonprogram investments through
application of discounts or ‘‘haircuts’’ to
the yields of those investments and to
make technical amendments to the
layout of the model’s Credit Loss
Module. The effect of the rule is to
update the model so that it continues to
appropriately reflect risk in a manner
consistent with statutory requirements
for calculating Farmer Mac’s regulatory
minimum capital level.
DATES: You may send us comments by
October 29, 2007.
ADDRESSES: We offer several methods
for the public to submit comments. For
accuracy and efficiency reasons,
commenters are encouraged to submit
comments by e-mail or through the
Agency’s Web site or the Federal
eRulemaking Portal. Regardless of the
method you use, please do not submit
your comment multiple times via
different methods. You may submit
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comments by any of the following
methods:
• E-mail: Send us an e-mail at regcomm@fca.gov.
• Agency Web site: https://
www.fca.gov. Select ‘‘Legal Info,’’ then
‘‘Pending Regulations and Notices.’’
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Robert Coleman, Director,
Office of Secondary Market Oversight,
Farm Credit Administration, 1501 Farm
Credit Drive, McLean, VA 22102–5090.
• FAX: (703) 883–4477. Posting and
processing of faxes may be delayed, as
faxes are difficult for us to process and
achieve compliance with section 508 of
the Rehabilitation Act. Please consider
another means to comment, if possible.
You may review copies of comments
we receive at our office in McLean,
Virginia, or on our Web site at https://
www.fca.gov. Once you are in the Web
site, select ‘‘Legal Info,’’ and then select
‘‘Public Comments.’’ We will show your
comments as submitted, but for
technical reasons we may omit items
such as logos and special characters.
Identifying information that you
provide, such as phone numbers and
addresses, will be publicly available.
However, we will attempt to remove email addresses to help reduce Internet
spam.
FOR FURTHER INFORMATION CONTACT:
Joseph T. Connor, Associate Director for
Policy and Analysis, Office of
Secondary Market Oversight, Farm
Credit Administration, McLean, VA
22102–5090, (703) 883–4280, TTY (703)
883–4434; or Rebecca Orlich, Senior
Counsel, Office of the General Counsel,
Farm Credit Administration, McLean,
VA 22102–5090, (703) 883–4420, TTY
(703) 883–4020.
SUPPLEMENTARY INFORMATION:
I. Purpose
It is the Agency’s objective that the
risk-based capital stress test (RBCST)
continue to determine regulatory capital
requirements consistent with statutory
requirements and constraints. The
purpose of this proposed rule is to
revise the risk-based capital (RBC)
regulations that apply to Farmer Mac to
more accurately reflect changes in
Farmer Mac’s operations or business
practices. The substantive issues
addressed in this proposed rule are
treatment of program loan volume with
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certain credit enhancement features
(e.g., Off-Balance Sheet AgVantage
volume, subordinated interests, and
program loan collateral pledged in
excess of Farmer Mac’s guarantee
obligation (hereafter, ‘‘overcollateral’’)),
counterparty risk on nonprogram
investments, and the resolution timing
for nonperforming loans and associated
carrying costs. We also propose minor
formatting changes to the structure of
the Credit Loss Module that are in the
nature of technical changes.
II. Background and Summary of
Revisions
In 2006, Farmer Mac initiated a
program to guarantee timely repayment
of principal and interest on notes that
are collateralized by Farmer Maceligible agricultural real estate mortgage
assets and are also secured by an
obligation of the mortgage lender. We
will refer to this product as Off-Balance
Sheet AgVantage. The first such
transaction was a guarantee of $500
million in guaranteed notes announced
by Farmer Mac on January 23, 2006.
Subsequently, Farmer Mac announced
similarly structured transactions for $1
billion each on July 13, 2006, and April
11, 2007. The current version of the
RBCST lacks a component to recognize
the credit enhancement provided by the
lender’s obligation and, consequently,
this volume is excluded from the
modeled loan portfolio. We propose to
begin including this product in the
RBCST model. Further, in the event that
Farmer Mac introduces products that
include a subordinated interest retained
by the primary lender, we propose a
modeling treatment of such structures.
We proposed revisions to the
treatment of nonprogram investments
and the carrying cost of nonperforming
loans in our rule published in
November 2005.1 We did not adopt
those proposed revisions in the final
rule that amended other parts of the
model.2 We now propose revisions to
these two components that differ
somewhat from those proposed in
November 2005. We propose to account
for counterparty risk on nonprogram
investments by applying a discount (or
‘‘haircut’’) to the yields of nonprogram
investments scaled according to credit
ratings, with a 10-year phase-in. We
propose a method of calculating the
1 70
2 71
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FR 69692 (November 17, 2005).
FR 77247 (December 26, 2006).
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carrying cost of nonperforming loans
over a period we refer to as the Loan
Loss Resolution Time period, or
‘‘LLRT’’, that will include a quarterly
update of the LLRT estimate.
Finally, we propose other technical
changes to improve formatting and
clarity of labeling in certain cells of the
Credit Loss Module worksheets.
III. Issues, Options Considered, and
Proposed Revisions
A. Treatment of Off-Balance Sheet
AgVantage Program Volume
In 2006, Farmer Mac initiated a
program to guarantee the timely
repayment of principal and interest on
notes that, in addition to being
collateralized by Farmer Mac-eligible
agricultural real estate mortgages, are
also secured by an obligation of the
primary lender of those mortgages. The
current version of the model lacks a
component to recognize the credit
enhancement provided by the issuer’s
general obligation and any contractually
required loan collateral in excess of the
face value of the guaranteed notes.
We propose to revise the model to
include this program volume by
modeling all loans in guaranteed note
portfolios in the same manner as all
other program volume, with two
differences. The first difference would
recognize the risk mitigation provided
by the general obligation by reducing
the age-adjusted dollar losses estimated
on the subject loans by an adjustment
factor derived from historical default
rates by the whole letter credit ratings
of corporate bond issuers as reported by
a nationally recognized statistical rating
organization (NRSRO). The second
difference would address the riskreducing effects of contractually
required overcollaterization of the
subject portfolio, if any.
The derivation and application of the
general obligation adjustment factor
would be as follows. We would define
five levels of credit ratings from ‘‘AAA’’
to ‘‘below BBB and unrated.’’ We would
assign each of the NRSRO-rating
categories to one of the five general
whole-letter rating categories we define.
The adjustment factors applied would
be equal to the average cumulative
issuer-weighted, 10-year corporate
default rates from 1920 through the
most recent year as published by
Moody’s Investor Services.3 For issuers
that are rated below BBB or are unrated,
the model would apply a factor equal to
the 10-year corporate default rates on
Speculative-Grade bonds published in
the same report. This rate would then be
further adjusted to obtain an estimated
loss rate related only to a general
obligation of the corporate issuer/OffBalance Sheet AgVantage counterparty
with a given credit rating by considering
the loss-severity rate as implied by
recovery rates published in the same
annual Moody’s report (i.e., 1 minus
recovery rate). In this case, because
recovery rates are not published by
whole-letter credit rating categories in
the Moody’s report, we would apply a
loss severity implied by Moody’s
average Defaulted Bond Recovery Rates
by Lien Position for as long a period as
the Moody’s report provides. Moody’s
2006 report includes a table of data on
recovery rates from 1982 to 2006. We
propose to adopt a severity rate
adjustment to historical corporate
default rates based on the published
long-term recovery rate for senior
unsecured bonds. We considered using
the recovery rates of the ‘‘All Bonds’’
category to calculate implied lossseverity rate factors but rejected that
approach because we believe that the
senior unsecured category is likely to
reflect a more accurate analog of a
general obligation than a ‘‘catch-all’’
category like ‘‘All Bonds’’ that would
include senior secured bond and
subordinated bond categories in
addition to the senior unsecured
category. We believe that neither of
these bond lien position categories
reflects the nature of a general
obligation as accurately as the senior
unsecured category.
We considered whether the senior
secured category might be more
applicable, given the mortgage loans
that collateralize this obligation.
However, we believe our proposed
application is justified because, in the
RBCST’s Credit Loss Module, we target
an estimate of the ultimate loss rate
associated with the occurrence of what
are assumed to be independent events (a
corporate default and agricultural
mortgage loan pool defaults). For
example, suppose that a counterparty
utilizing Farmer Mac’s Off-Balance
Sheet AgVantage product goes bankrupt.
We assume that the default event is
uncorrelated with the occurrence of
worst-case stress in the agricultural
lending sector. Therefore, we treat the
estimated loss rate calculation on the
general obligation separately from the
estimated loss rate calculation on the
program loan collateral. Thus, we
believe the estimation of a counterparty
default/severity rate should be done
separately from and without regard to
the loan collateral and, therefore, that
the senior unsecured severity rate is
most appropriate.
The following table sets forth the
proposed credit loss adjustment factors
and their components (Adjustment
Factor = Default Rate × Severity Rate).4
Default rate
(percent)
Whole letter rating
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AAA ..............................................................................................................................................
AA ................................................................................................................................................
A ...................................................................................................................................................
BBB ..............................................................................................................................................
Below BBB and Unrated ..............................................................................................................
0.89
2.31
2.90
7.29
27.39
Severity rate
(percent)
55
55
55
55
55
General obligation adjustment factor
(percent)
0.49
1.26
1.58
3.98
15.16
The adjustment factors would be
updated quarterly as the updated
Moody’s report on Default and Recovery
Rates of Corporate Bond Issuers
becomes available. In the event that
there is an interruption of Moody’s
publication of this annual report, or
FCA informs Farmer Mac it has
determined that the report has changed
so much that it prevents or calls into
question the identification of suitable
updated factors, the prior year’s factors
would remain in effect until FCA
revises the process through rulemaking.
In addition, the loan portfolio
collateral underlying Off-Balance Sheet
AgVantage volume may contain loan
collateralization in excess of the face
3 Hamilton, D., Ou S., Kim R., Cantor R.,
‘‘Corporate Default and Recovery Rates, 1920—
2006,’’ published by Moody’s Investors Service,
February 2007—the most recent edition as of April
2007.
4 Ibid; Default Rates, page 22, Recovery Rates
(Severity Rate = 1 minus Senior Unsecured Average
Recovery Rate) page 18.
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value of the note. This overcollateral
may be contractually required or it may
be provided by the issuer of the
guaranteed note to reduce
administrative expense associated with
monitoring the eligibility of the
collateral, or both. We view
overcollateral in excess of contractually
required amounts as solely an
administrative convenience for the
lender in question. When there is excess
overcollateral, any loan in the
overcollateral can automatically be
deemed to replace a loan that might
become ineligible under the AgVantage
contract without the need for additional
action on the part of either party.
However, when it is discretionary and
not contractually required, the amount
of excess overcollateral provided by
Farmer Mac’s counterparty is subject to
change at any time. Therefore, we
believe that overcollateral that is
required by contract and is not simply
an administrative convenience should
be recognized in the model for the risk
mitigation it provides, but that the
additional collateral provided solely for
administrative convenience should not.
Whenever overcollateral exists, we
model a portfolio that is larger than the
dollar amount of Farmer Mac’s
guarantee obligation because there is no
direct means to segregate a specific set
of loans in the total collateral portfolio
that could be considered to comprise
100 percent of the face value of the
guaranteed notes. We then need an
adjustment to reduce the amount of
submitted loan collateral for purposes of
estimating credit losses in the Credit
Loss Module (CLM) in order to avoid
the model’s recognition of the credit risk
on loan volume that is in excess of the
contractually required volume.
Given the above considerations, we
propose the following treatment. The
Off-Balance Sheet AgVantage volume
will be modeled using separate
worksheets of the CLM with added
features to:
(1) Scale the estimated losses to be
commensurate with losses associated with
the contractually required minimum
collateral. To achieve this, we multiply the
estimated dollar losses of each loan after age
adjustment by the ratio of the guaranteed
amount to total submitted loan collateral; and
(2) Recognize the risk mitigation provided
by the contractually required
overcollateralization. To do so, expected
losses after the adjustment in ‘‘(1)’’ above are
compared to the dollar amount of
contractually required overcollateral, and any
estimated credit loss dollars in excess of the
contractually required overcollateral are
input in the model as loss rates applied to
that pool’s underlying portfolio volume.
(3) Recognize the risk mitigation provided
by the counterparty’s general obligation. This
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is accomplished by multiplying any
remaining losses after the adjustments in
‘‘(1)’’ and ‘‘(2)’’ above by the appropriate
general obligation adjustment factor
according to the counterparty’s whole-letter
issuer credit rating (set forth in the table
above) to reflect the likelihood of exhausting
the capacity of the issuer to maintain
adequate collateral.
We acknowledge that the order of
these adjustments may seem
incongruous with the legal structure of
a given transaction, but we believe the
proposed order makes sense from a
modeling perspective. For example, the
counterparty’s general obligation might
legally be first in terms of the security
provided in support of Farmer Mac’s
risk position—followed by access to the
loan collateral after an event of default
by the counterparty. However, we adjust
for the risk-mitigation of the
contractually required
overcollateralization first, followed by
the adjustment for the general
obligation. As a practical matter, we
believe that Farmer Mac, to make itself
whole on any losses after the
counterparty defaults, would first work
through the overcollateral, which would
be held by a bankruptcy-remote vehicle.
Only after that overcollateral proved
insufficient to make Farmer Mac whole,
would it need to pursue further recovery
from the counterparty.
B. Add a Treatment for Products that
Could Include a Subordinated Interest
Retained by the Primary Lender or Seller
In the event Farmer Mac introduces
new products that include the specific
retention of a portion of the credit risk
at either a loan level or a pool level by
the primary lender or seller, this loan
volume would also be modeled in
separate worksheets of the CLM. The
model would recognize the
subordinated interest by multiplying the
age-adjusted dollar losses in the subject
portfolio by one minus the percentage of
the subordinated interest in order to
isolate the portion of estimated loss that
Farmer Mac would incur. To the extent
that such structures include further
stratification of losses, such as a cap on
the exposure to losses assumed by
Farmer Mac, such stratification would
be treated in a similar manner.
C. Add Haircuts on Nonprogram
Investments
Currently, the RBCST does not
include a component to reflect
counterparty risk on Farmer Mac’s
portfolio of nonprogram investments or
its derivatives. We propose adopting a
system of haircuts to the yields on
investment securities scaled according
to credit ratings, with larger haircuts
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applied to cash flows from investments
from issuers with lower credit ratings.
We previously proposed haircuts in our
November 2005 proposed rule but did
not include them in our final rule
published on December 26, 2006.
The previously proposed rule based
investment haircuts on the risk-based
capital regulations of the Office of
Federal Housing Enterprise Oversight
(OFHEO) (12 CFR part 1750). OFHEO’s
haircut levels were based on worst-case
corporate bond default rates using
Depression-era default rates and
recovery rates, expanded to a 10-year
period. For all counterparties, the
default rates used were 5 percent for
AAA, 12.5 percent for AA, 20 percent
for A, 40 percent for BBB and 100
percent for below BBB or unrated.
Severity rates used were 70 percent for
nonderivative securities, yielding net
haircuts of 3.5 percent, 8.75 percent,
14.0 percent, and 28.0 percent for
ratings AAA through BBB, respectively.
One hundred percent (100%) haircuts
were applied to the ‘‘BBB or unrated’’
category. Our November 2005 proposal
contained the same haircut levels as in
OFHEO’s regulations.
We decided not to adopt the
November 2005 haircut proposal out of
concern that the worst-case perspective
on historical default rates is not as
appropriate for Farmer Mac as it is for
the housing Government-sponsored
enterprises (GSEs). While it is plausible
that worst-case stress in the housing
markets could be highly correlated with
worst-case conditions throughout the
economy as exhibited by corporate bond
defaults, we believe that worst-case
agricultural credit conditions would
likely be far less correlated with events
of major stress in financial markets
generally. Therefore, we have based the
haircuts in this proposed rule on
average bond default rates rather than
worst-case historical corporate defaults.
In addition, we have chosen not to
follow a similar method for expansion
of the worst case interval to the 10-year
time interval. Instead, we propose a
more direct reliance on empirical
evidence and base the haircuts on
Moody’s Average 10-year cumulative
issuer-weighted corporate default rates
by whole letter rating, adjusted by the
average implied long-term severity rate
for Senior Unsecured bonds. The
weighted-average yields of non-program
investment categories would be reduced
by the haircut percentage phased in
linearly over the 10-year modeling
horizon. The haircut levels are the same
as the loss rate adjustment factors
proposed above for application on loans
underlying guaranteed notes, and like
those factors these will be updated as
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calculate the weighted-average haircut
by investment category to be applied to
the weighted-average yields for each
investment category and to input the
haircuts into the ‘‘Data Inputs’’
Haircut
worksheet. The proposed haircuts are
Whole letter credit rating
(percent)
set forth in the table in paragraph e. of
section 4.1 in the appendix A, subpart
AAA ...........................................
0.49
AA .............................................
1.26 B of part 652.
We considered proposing a similar
A ...............................................
1.58
BBB ...........................................
3.98 haircut on derivative securities, on the
Below BBB and Unrated ..........
15.16 ground that credit stress that impacts
Farmer Mac’s nonprogram investment
We propose to phase in the haircuts
portfolio would reasonably be expected
over the 10-year modeling horizon,
to affect its derivatives counterparties
based on our assumption that defaults
and its terms of access to the swap
on investments in response to a general
market.6 We believe a more appropriate
downturn in the economy would not be approach to haircutting derivatives may
instantaneous but rather spread through be to reflect lost payments on defaulted
time. Furthermore, consistent with the
derivative securities in a net-receive
OFHEO rule, we would not assign the
position, as well as the ‘‘replacement
rating of a parent company to its
cost’’—i.e., the additional expense
unrated subsidiary because NRSROs
associated with the replacement of
will not impute a corporate parent’s
derivative positions when the
rating to a derivative or credit
counterparty defaults and the market
enhancement counterparty in the
value of the derivative has increased
context of a securities transaction, and
since the date the defaulted derivative
because extending that rating to the
contract was executed. Such an
unrated subsidiary would be
increased market value would be to
tantamount to the regulator rating the
Farmer Mac’s benefit when the
subsidiary.5 However, when an
counterparty does not default, but to its
investment is structured as a
detriment when it does default. The
collateralized obligation backed by the
Agency plans to address this issue in
issuer’s general obligation and, in turn,
future revisions of the RBCST and
a pool of collateral, we accept the issuer specifically requests comment on the
rating of that issuer as the credit rating
most appropriate approach to
applicable to the security. Unrated
incorporate into the RBCST such
securities that are fully guaranteed by
‘‘replacement cost’’ risk relating to
GSEs receive the same treatment as
derivative securities.
AAA securities. Unrated securities
D. Improve the Estimate of Carrying
backed by the full faith and credit of the
Costs of Nonperforming Loans by
U.S. Government do not receive a
Revising LLRT Assumptions
haircut.
The RBCST was originally developed
In the event that FCA approves the
purchase of an unrated investment, and with a loss-severity estimate that
portions of that investment with specific assumes it would take Farmer Mac 1
year to work through problem loans
risk characteristics are later sold by
from the point of default through final
Farmer Mac, the Director will take
disposition. An estimate was used
reasonable measures to adjust the
because, at the time of development of
haircut level applied to the investment
the RBCST, historical nonperforming
to recognize the change in the risk
loan resolution timing data from Farmer
characteristics of the retained portion.
Mac were not sufficient. Farmer Mac
In taking these measures, the Director
data collected since that time indicate
will consider the approaches taken to
that an adjustment to the 1-year
address capital requirements related to
assumption to recognize Farmer Mac’s
similar investments that have been
actual historical experience is
adopted by other Federal financial
appropriate. If the actual historical time
institution regulators.
interval is longer than the current
We propose to apply the haircuts to
model’s assumption, the capital needs
yields on a weighted-average basis by
investment categories established in the for carrying nonperforming assets are
likely understated in the model.
‘‘Data Inputs’’ worksheet of the RBCST,
Therefore, we propose amendments to
e.g., commercial paper, corporate debt
the model to reflect costs associated
and asset-backed securities, agency
mortgaged-backed securities and
6 The term ‘‘derivative’’ refers to over-the-counter
collateralized mortgage obligations. This
financial derivative instruments used by Farmer
treatment would require Farmer Mac to
Mac to hedge interest rate risk and synthetically
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new information becomes available. The
proposed investment haircuts to
recognize counterparty risk are as
follows:
5 66
FR 47730, 47777 (September 13, 2001).
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extend the term structure of its debt to reduce
funding costs.
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with any additional time period over
which Farmer Mac has carried
nonperforming loans on average
throughout its history. The LLRT is the
weighted average time in fractions of 1
year that Farmer Mac has carried
nonperforming loans from the date of
the last interest payment, the Interest
Paid-Through Date (ITPD) and the date
the loan is finally resolved. This
proposed LLRT differs from that
proposed in November 2005 in the
method used to estimate the LLRT
period, as described in detail below.
In the final rule preamble to RBCST
Version 2.0 published December 26,
2006, we discussed our intent to review
further the scaling factor used to
estimate the unpaid premium balance
associated with estimated loan loss
dollar volume. After further review, we
believe that basing the scaling factor on
the total current portfolio average
relationship between origination loan
amount and current outstanding loan
amounts, as originally proposed, is more
appropriate than basing the scaling
factor on that same relationship among
the small universe of loans that have
been through the default and resolution
process historically. Our view is based
on the small size of the latter data set.
This proposed rule also clarifies the
calculation of the LLRT period and
incorporates additional information
provided by Farmer Mac regarding its
actual historical LLRT experience.
With the exception of the 1-year
period assumed in the loss-severity rate,
the current RBCST under a steady-state
scenario requires backfilling of loan loss
volume with like assets, without
recognizing any of the costs associated
with carrying loans as non-earning, but
funded, assets. Under the proposed rule,
the RBCST would reflect additional
costs associated with carrying the
unpaid principal balance of
nonperforming loans during the portion
of the LLRT period that exceeds the 1year assumption.
The change would be incorporated
into the RBCST as follows. Off-balance
sheet loans with estimated losses are
assumed to be purchased from the offbalance sheet portfolio and fully funded
at the short-term cost of funds rate used
in the model, and any associated
guarantee fee income is reversed. The
short-term cost of funds (adjusted to
incorporate interest rate shock effects) is
used to estimate this additional funding
cost in recognition of Farmer Mac’s
actual business practices. On-balance
sheet loans generating losses are also
removed from the interest earnings
calculations and continue to generate
interest expense at the blended cost of
long- and short-term funds for the
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portion of the LLRT period that exceeds
1 year. In response to a comment on the
original proposed rule, the rates are not
adjusted to incorporate interest rate
shock effects in this proposed rule, in
contrast to the original proposal of this
revision, in recognition that these rates
would be in place at the time of the
onset of the stress. The model would
continue to backfill new loans at the
point of loan resolution to retain its
steady-state specification.
The proposed revisions involve two
principal changes from the current
RBCST. First, the date of backfill would
be moved to a point in time that more
accurately reflects Farmer Mac’s actual
experience. The model would then
capture the additional costs of carrying
loans in a non-interest earning category
on the balance sheet. Second, the
guarantee fee income would be reduced
by the weighted average guarantee fee in
the portfolio multiplied by the relevant
off-balance sheet loan volume over the
portion of the LLRT period that exceeds
one year. The LLRT would become a
data input to be updated with each
quarterly submission of the model.
When we first proposed to revise this
component in November 2005, we
received several comments that noted
the need for greater clarity in the LLRT’s
calculation formula. We have attempted
to provide greater clarity in the
proposed LLRT calculation as follows:
(1) Assemble in a spreadsheet individual
loan level data for all historical
nonperforming loans that migrated from the
program loan portfolio into nonaccrual
status. Identify the ‘‘resolution type,’’ i.e.,
whether the loan resolved by the borrower
bringing the loan current or paying off the
loan in full, or whether the loan was
foreclosed and liquidated prior to being
placed in real estate owned (REO), or placed
in REO. For each of these resolution types,
include the associated dates (e.g., the date the
loan was brought current, paid off, liquidated
prior to REO, or placed in REO);
(2) Include the following data elements:
Loan Number
Origination Date
Original Balance
Payment Frequency
Interest Paid Through Date (ITPD)
Non-Accrual Date
Unpaid Principal Balance (UPB) at NonAccrual Date
Accrued Interest Through Non-Accrual Date
Resolution-type Code (assign numerical code
to each type listed in the paragraph above)
Resolution Date
Net Gain/Loss Amount
(3) Remove loan records with missing data
elements in ‘‘(2)’’ above from the database for
purposes of the LLRT calculation;
(4) Calculate the number of days between
the ITPD and the Resolution Date for each
loan;
(5) Divide that number of days by 365. The
quotient is the LLRT for each loan. Calculate
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the weighted-average LLRT using weights
based on the total obligation at the NonAccrual Date (Unpaid Principal Balance at
Non-Accrual) and input the resulting
weighted-average LLRT into the model’s Data
Inputs worksheet.
(6) For nonperforming loans that have not
resolved, include these loans in the
calculation using the quarter end ‘‘as of’’ date
of each model submission in place of the
resolution date, but include them only if the
calculated time interval to the ‘‘as of’’ date
is longer than the calculated average LLRT
when these records are excluded. In other
words, if the carrying time interval is not
longer than the calculated LLRT using the
data set excluding these records, the records
should be excluded from the final LLRT
calculation. This will prevent loan records
that have not gone completely through the
resolution process from exerting a downward
influence on the LLRT but allow them to
have an upward influence if the unresolved
loans’ LLRTs are greater than the calculated
average before inclusion of such loans.
Farmer Mac commented on our
November 2005 proposal that the
application of funding rates to the
calculation of the carrying cost of
nonperforming loans is inconsistent
with its actual practice and that the
proposed change should be withdrawn.
Farmer Mac’s comment focused on three
aspects of the proposed LLRT change.
We will summarize those three and then
provide a discussion of each with our
response. In this discussion, we refer to
liabilities due in 1 year or less as shortterm liabilities and to liabilities due
after 1 year as ‘‘long-term’’ debt. The
comment’s three points were: (a) Farmer
Mac does not fund nonperforming loans
using a certain tenor of debt with perfect
consistency, (b) Farmer Mac can
effectively change the cost of funds of
any nonperforming on-balance sheet
loan by employing a ‘‘cross-funding’’
strategy, and (c) the model should not
fund on-balance sheet, nonperforming
loans at the shocked interest rates under
the interest rate risk stress component in
the model because these loans would,
by having been on the balance sheet at
the point in time when rates are
shocked, have already been funded at
pre-shock rates.
Farmer Mac acknowledged that
purchases of nonperforming, off-balance
sheet loans would be done at short-term
rates in the preponderance of cases,
which is consistent with this proposed
rule. However, Farmer Mac stated that,
in actual practice, it uses a mix of shortand long-term debt because it decides
on the appropriate funding term for
such purchases based on the existing
yield curve conditions and REO
disposition expectations. While we
accept the premise that in certain cases
Farmer Mac might fund such purchases
using longer term debt, we believe these
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52305
cases are likely to be rare exceptions
(e.g., steeply inverted yield curves) and
do not create a sufficiently compelling
reason to add more complexity to the
model such as, for example, a new data
input for average off-balance sheet
nonperforming loan funding rates.
Therefore, we made no change to this
specific aspect of the model in this
proposed rule.
Farmer Mac commented that it could
employ a cross-funding strategy to
effectively fund on-balance sheet nonperforming loans at the short-term debt
rates such as it uses in most cases of
purchases of off-balance sheet
nonperforming loans. While we agree
that such opportunities could occur, we
believe that assuming that Farmer Mac
would always have the opportunity to
purchase new program assets with the
same size and expected life
characteristics as on-balance sheet
nonperforming loans is too broad an
assumption to incorporate into the
model. While it is possible that Farmer
Mac could execute a similar rebalancing
and reassignment of debt tenors among
its program assets by adjustments to its
ongoing daily funding selections, we
would also view such a potentially
complex incorporation of this
contingent scenario into the model as
unjustified for the added level of
accuracy it might provide in certain
cases. Therefore, we have made no
change to the funding rates applied to
calculate carrying cost of on-balance
sheet nonperforming loans in this
proposed rule.
Finally, Farmer Mac commented that
the model should not fund on-balance
sheet, nonperforming loans at shocked
interest rate levels established by statute
because these loans would, by having
been already on the balance sheet at the
point in time when rates are shocked,
have been funded at pre-shocked rates.
We agree with the comment and have
revised the cost of funds applied to onbalance sheet nonperforming loans
during the LLRT to pre-shock blended
long- and short-term cost of funds rates
in this proposed rule.
The proposed LLRT revisions are
forward-looking only. In other words,
actual loans that defaulted in year zero
and are in their second year of
nonperforming status in year one of the
model’s 10-year time horizon are not
included in the proposed LLRT
revision, and therefore no adjustment to
restate current balance sheet amounts is
needed. We considered an approach
involving such a restatement but
rejected it as unnecessarily complex. We
note that our proposed revision to more
accurately reflect the carrying cost of
nonperforming loans results in less
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Federal Register / Vol. 72, No. 177 / Thursday, September 13, 2007 / Proposed Rules
additional stress in a down-rate interest
rate risk environment. This result is
appropriate, as it would be less costly to
fund nonperforming loans when interest
rates are relatively low.
We propose one further adjustment to
complete the LLRT revision. The RBCST
is sometimes referred to as an
‘‘origination loan model’’ because it
performs its loss estimation based on
origination loan amounts and dates. The
model does not incorporate loan interest
rates or amortization of the loan
portfolio. However, implementation of
the LLRT revision would require us to
make an estimate of loan amortization
because it would be inaccurate to
estimate the additional carrying cost
associated with the LLRT period by
applying the appropriate cost of funds
to a loan’s origination amount. We
propose to use the portfolio average
principal amortization to make this
adjustment (i.e., total portfolio current
scheduled principal balance divided by
total origination balance). We would
also incorporate into the blended rate
used to calculate the carrying cost of
nonperforming on-balance sheet loans
an increment of interest expense
associated swap expense according to
Farmer Mac’s practice of combining
debt and swap contracts to fund loans.
E. Technical Changes to Improve
Formatting and Clarity of Cell Labeling
and Submission Deadlines
In the RBCST spreadsheet, we have
relocated the quarter-end date selection
pull-down menu from the Assumptions
and Relationships page to the Capital
worksheet for convenience. We have
also made line item labeling changes to
enhance clarity in both the CLM and the
RBC modules. We have also revised
§ 652.85 to update submission deadlines
to be the same as the filing deadlines of
Farmer Mac’s public disclosures on
Forms 10–Q and 10–K required by the
Securities and Exchange Commission.
IV. Impact of Proposed Changes on
Required Capital
We have evaluated the impact of the
proposed changes to the currently active
version of the model, Version 2.0. Our
tests indicate that changes related to the
LLRT would have the most significant
impact on risk-based capital calculated
by the model. The table below provides
an indication of the impact of the
revisions in the quarter ended March 31,
2007. The lines labeled ‘‘General
Obligation Adjustment’’, ‘‘Investment
Haircuts’’, and ‘‘Carrying Costs of
Nonperforming Loans’’ present the
impacts if only that revision were made
to the current version, and the column
labeled ‘‘Difference’’ calculates the
impact of that individual change for the
quarter ended March 31, 2007,
compared to the requirement calculated
using the currently active Version 2.0.
The bottom line presents the impact of
all proposed revisions in Version 3.0. As
the table shows, the individual
estimated impacts do not have an
additive relationship to the total impact
on the model output. This is due to the
interrelationship of the changes with
one another when they are combined in
Version 3.0.
Calculated regulatory capital
($ in thousands)
3/31/2007
RBCST Version 2.0 .................................................................................................................................................
Treatment of Loans Backed by an Obligation of the Counterparty and Contractually Required Overcollateral ....
Investment Haircuts .................................................................................................................................................
Carrying Cost of Nonperforming Loans ...................................................................................................................
RBCST Version 3.0 Change Impacts ......................................................................................................................
2279aa–11, 2279bb, 2279bb–1, 2279bb–2,
2279bb–3, 2279bb–4, 2279bb–5, 2279bb–6,
2279cc); sec. 514 of Pub. L. 102–552, 106
Stat. 4102; sec. 118 of Pub. L. 104–105, 110
Stat. 168.
List of Subjects in 12 CFR Part 652
Agriculture, Banks, banking, Capital,
Investments, Rural areas.
For the reasons stated in the
preamble, part 652 of chapter VI, title 12
of the Code of Federal Regulations is
proposed to be amended to read as
follows:
ebenthall on PRODPC61 with PROPOSALS
V. Regulatory Flexibility Act
Pursuant to section 605(b) of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.), FCA hereby certifies the rule
will not have a significant economic
impact on a substantial number of small
entities. Farmer Mac has assets and
annual income over the amounts that
would qualify it as a small entity.
Therefore, Farmer Mac is not considered
a ‘‘small entity’’ as defined in the
Regulatory Flexibility Act.
§ 652.65
PART 652—FEDERAL AGRICULTURAL
MORTGAGE CORPORATION FUNDING
AND FISCAL AFFAIRS
1. The authority citation for part 652
continues to read as follows:
Authority: Secs. 4.12, 5.9, 5.17, 8.11, 8.31,
8.32, 8.33, 8.34, 8.35, 8.36, 8.37, 8.41 of the
Farm Credit Act (12 U.S.C. 2183, 2243, 2252,
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Subpart B—Risk-Based Capital
Requirements
2. Amend § 652.65 by redesignating
paragraph (b)(5) as new paragraph (b)(6)
and adding a new paragraph (b)(5) to
read as follows:
Risk-based capital stress test.
*
*
*
*
*
(b) * * *
(5) You will further adjust losses for
loans that collateralize the general
obligation of Off-Balance Sheet
AgVantage volume, and for loans where
the program loan counterparty retains a
subordinated interest in accordance
with Appendix A to this subpart.
*
*
*
*
*
3. Amend § 652.85 by revising
paragraph (d) to read as follows:
§ 652.85 When to report the risk-based
capital level.
*
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*
*
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*
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*
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80,831
73,244
83,922
105,170
100,079
Difference
........................
¥7,587
3,091
24,340
19,249
(d) You must submit your quarterly
risk-based capital report for the last day
of the preceding quarter by the earlier of
the reporting deadlines for Securities
and Exchange Commission Forms 10–K
and 10–Q, or the 40th day after each of
the quarter’s ending March 31st, June
30th, and September 30th, and the 75th
day after the quarter ending on
December 31st.
4. Appendix A of subpart B, part 652
is amended by:
a. Revising the table of contents;
b. Revising the first and second
sentences of section 2.0;
c. Redesignating existing section 2.4
as new section 2.5;
d. Adding a new section 2.4;
e. Revising section 4.1 e.;
f. Revising the last sentence of section
4.2 b.(3) introductory text;
g. Redesignating existing section 4.2
b.(3)(C) and (D) as new paragraph (3)(F)
and (G);
h. Adding new section 4.2 b. (3)(C),
(D), and (E);
i. Revising section 4.4;
j. Revising section 4.5 a.;
k. Removing the word ‘‘unretained’’
and adding in its place, the word
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5.0
5.1
‘‘retained’’ in the ninth sentence of
section 4.6 b.
Appendix A—Subpart B of Part 652—
Risk-Based Capital Stress Test
1.0
2.0
2.1
2.2
2.3
2.4
2.5
3.0
3.1
4.0
4.1
4.2
4.3
4.4
4.5
4.6
4.7
Introduction.
Credit Risk.
Loss-Frequency and Loss-Severity
Models.
Loan-Seasoning Adjustment.
Example Calculation of Dollar Loss on
One Loan.
Treatment of Loans Backed by an
Obligation of the Counterparty and
Loans for which Pledged Loan Collateral
Volume Exceeds Farmer Mac-Guaranteed
Volume.
Calculation of Loss Rates for Use in the
Stress Test.
Interest Rate Risk.
Process for Calculating the Interest Rate
Movement.
Elements Used in Generating Cashflows.
Data Inputs.
Assumptions and Relationships.
Risk Measures.
Loan and Cashflow Accounts.
Income Statements.
Balance Sheets.
Capital.
*
Capital Calculations.
Method of Calculation.
*
*
*
*
2.0 Credit Risk.
Loan loss rates are determined by applying
the loss-frequency equation and the lossseverity factor to Farmer Mac loan-level data.
Using this equation and severity factor, you
must calculate loan losses under stressful
economic conditions assuming Farmer Mac’s
portfolio remains at a ‘‘steady state.’’ * * *
*
*
*
*
*
2.4 Treatment of Loans Backed by an
Obligation of the Counterparty, and Loans for
which Pledged Loan Collateral Volume
Exceeds Farmer Mac-Guaranteed Volume.
You must calculate the age-adjusted loss
rates for these loans that includes
adjustments to scale losses according to the
proportion of total submitted collateral to the
guaranteed amount as provided for in the
‘‘Dollar Losses’’ column of the transformed
worksheets in the Credit Loss Module based
on new data inputs required in the
‘‘Coefficients’’ worksheet of the Credit Loss
Module. Then, you must adjust the
calculated loss rates as follows.
a. For loans in which the seller retains a
subordinated interest, subtract from the total
Age-adjusted
loss rate
(percent)
Origination
balance
Loan
1 ...........................................................................................
2 ...........................................................................................
2. If a pool of loans includes collateral
pledged in excess of the guaranteed amount
that is required under the terms of the
transaction, you must further adjust the
dollar losses as follows. Calculate the total
losses on the subject portfolio of loans after
age adjustments and any adjustments related
to total submitted overcollateral as described
in ‘‘1.’’ above. Calculate the total dollar
amount of contractually required
overcollateral in the subject pool. Subtract
the total dollars of contractually required
overcollateral from the adjusted total losses
on the subject pool. If the result is less than
$1,080,000
1,120,000
7.0
5.0
or equal to zero, input a loss rate of zero for
this transaction pool in the Data Inputs
worksheet of the RBCST. A new category
must be created for each such transaction in
the RBCST. If the loss rate after subtracting
contractually required overcollateral is
greater than zero, proceed to additional
adjustment for the risk-reducing effects of the
counterparty’s general obligation described
in ‘‘3.’’ below.
3. Loans with a positive loss estimate
remaining after adjustments in ‘‘1.’’ and ‘‘2.’’
above, are further adjusted for the security
provided by the general obligation of the
estimated age-adjusted dollar losses on the
pool the amount equal to current unpaid
principal times the subordinated interest
percentage.
b. Some pools of loans underlying specific
transactions could include loan collateral
volume pledged to Farmer Mac in excess of
Farmer Mac’s guarantee amount
(‘‘overcollateral’’). Overcollateral can be
either: (i) Contractually required according to
the terms of the transaction, or (ii) not
contractually required, but pledged in
addition to the contractually required
amount at the discretion of the counterparty,
often for purposes of administrative
convenience regarding the collateral
substitution process, or (iii) both (i) and (ii).
1. If a pool of loans includes collateral
pledged in excess of the guaranteed amount,
you must adjust the age-adjusted, loan-level
dollar losses by a factor equal to the ratio of
the guarantee amount to total submitted
collateral. For example, consider a pool of
two loans serving as security for a Farmer
Mac guarantee on a note with a total issuance
face value of $2 million and on which the
counterparty has submitted 10-percent
overcollateral. The two loans in the example
have the following characteristics and
adjustments.
Estimated
age-adjusted
losses
$75,600
56,000
AAA ..............................................................................................................................................
AA ................................................................................................................................................
A ...................................................................................................................................................
BBB ..............................................................................................................................................
Below BBB and Unrated ..............................................................................................................
ebenthall on PRODPC61 with PROPOSALS
Guarantee
amount scaling adjustment
(2/2.2)
(percent)
90.91
90.91
Losses adjusted for
overcollateral
$68,727
50,909
counterparty. To make this adjustment,
multiply the estimated dollar losses
remaining after adjustments in ‘‘1.’’ and ‘‘2.’’
above by the appropriate general obligation
adjustment factor based on the counterparty’s
whole-letter issuer credit rating by a
nationally recognized statistical rating
organization (NRSRO).
The following table sets forth the general
obligation adjustment factors and their
components by whole-letter credit rating
(Adjustment Factor = Default Rate x Severity
Rate).15
Default rate
(percent)
Whole-letter rating
52307
0.89
2.31
2.90
7.29
27.39
Severity rate
(percent)
55
55
55
55
55
General obligation adjustment factor
(percent)
0.49
1.26
1.58
3.98
15.16
The adjustment factors will be updated
annually as Moody’s annual report on
Default and Recovery Rates of Corporate
Bond Issuers becomes available, normally in
January or February of each year. In the event
that there is an interruption of Moody’s
15 Hamilton, D., Ou S., Kim R., Cantor R.,
‘‘Corporate Default and Recovery Rates, 1920–
2006,’’ published by Moody’s Investors Service,
February 2007—the most recent edition as of April
2007; Default Rates, page 22, Recovery Rates
(Severity Rate = 1 minus Senior Unsecured Average
Recovery Rate) page 18.
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Federal Register / Vol. 72, No. 177 / Thursday, September 13, 2007 / Proposed Rules
publication of this annual report, or FCA
determines that the format of the report has
changed enough to prevent or call into
question the identification of updated factors,
the prior year’s factors will remain in effect
until FCA revises the process through
rulemaking.
4. Continuing the previous example, the
pool contains two loans on which Farmer
Mac is guaranteeing a total of $2 million and
with total submitted collateral of 110 percent
of the guaranteed amount. Of the 10-percent
total overcollateral, 5 percent is contractually
required under the terms of the transaction.
The pool consists of two loans of slightly
over $1 million. Total overcollateral is
$200,000, of which $100,000 is contractually
required. The counterparty has a single ‘‘A’’
credit rating, and after adjusting for
contractually required overcollateral,
estimated losses are greater than zero. The
net loss rate is calculated as described in the
steps in the table below.
Loan A
1
2
3
4
5
6
7
8
9
10
11
Guaranteed Volume ........................................................................................................................................
Origination Balance of 2-Loan Portfolio ..........................................................................................................
Age-adjusted Loss Rate ..................................................................................................................................
Estimated Age-adjusted Losses .....................................................................................................................
Guarantee Volume Scaling Factor ..................................................................................................................
Losses Adjusted for Total Overcollateral ........................................................................................................
Contractually required Overcollateral on Pool (5%) .......................................................................................
Net Losses on Pool Adjusted for Contractually Required Overcollateral .......................................................
General Obligation Adjustment Factor for ‘‘A’’ Issuer .....................................................................................
Losses Adjusted for ‘‘A’’ General Obligation ..................................................................................................
Loss Rate Input in the RBCST for this Pool ...................................................................................................
The net, fully adjusted losses are distributed
over time on a straight-line basis. When a
transaction reaches maturity within the 10year modeling horizon, the losses are
distributed on a straightline over a timepath
that ends in the year of the transaction’s
maturity.
*
4.1
*
*
*
*
*
*
*
Data Inputs.
*
*
e. Weighted Haircuts for Non-Program
Investments. For non-program investments,
the stress test adjusts the weighted average
yield data referenced in section 4.1 b. to
reflect counterparty risk. Non-program
investments are defined in § 652.5. The
Corporation must calculate the haircut to be
applied to each investment based on the
lowest whole-letter credit rating the
investment received from a NRSRO using the
haircut levels in the following two tables.
Loan B
$2,000,000
$1,080,000
$1,120,000
7%
5%
$75,600
$56,000
90.91%
90.91%
$68,727
$50,909
$100,000
$19,636
1.58%
$310
0.02%
The first table provides the mappings of
NRSRO ratings to whole-letter ratings for
purposes of applying haircuts. Any ‘‘+’’ or
‘‘¥’’ signs appended to NRSRO ratings that
are not shown in the table should be ignored
for purposes of mapping NRSRO ratings to
FCA whole-letter ratings. The second table
provides the haircut levels by whole-letter
rating category.
FCA WHOLE-LETTER CREDIT RATINGS MAPPED TO RATING AGENCY CREDIT RATINGS
FCA Ratings Category ..................................
Standard & Poor’s Long-Term ......................
Fitch Long-Term ............................................
Moody’s Long-Term ......................................
Standard & Poor’s Short-Term .....................
Fitch Short-Term ...........................................
Moody’s .........................................................
AAA .........
AAA .........
AAA .........
Aaa ..........
A–1+ ........
SP–1+ ......
F–1+ ........
Fitch Bank Ratings ........................................
A ..............
Moody’s Bank Financial Strength Rating .....
A ..............
FARMER MAC RBCST MAXIMUM
HAIRCUT BY RATINGS CLASSIFICATION
ebenthall on PRODPC61 with PROPOSALS
Ratings classification
Cash .....................................
AAA .......................................
AA .........................................
A ...........................................
BBB .......................................
Below BBB and Unrated ......
Non-program
investment
counterparties
(excluding
derivatives)
(percent)
0.00
0.49
1.26
1.58
3.98
15.16
Certain special cases will receive the
following treatment. For an investment
structured as a collateralized obligation
backed by the issuer’s general obligation and,
in turn, a pool of collateral, reference the
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AA ............
AA ............
AA ............
Aa ............
A–1 ..........
SP–1 ........
F–1 ..........
Prime–1 ...
MIG1 ........
VMIG1 .....
B ..............
A/B ...........
B ..............
A ..............
A ..............
A ..............
A ..............
A–2 ..........
SP–2 ........
F–2 ..........
Prime–2 ...
MIG2 ........
VMIG2 .....
C ..............
B/C ...........
C ..............
BBB .........
BBB .........
BBB .........
Baa ..........
A–3 ..........
Below
Below
Below
Below
SP–3,
F–3 ..........
Prime–3 ...
MIG3 ........
VMIG3 .....
D ..............
C/D ..........
D ..............
Below F–3 and Unrated.
Not Prime, SG and Unrated.
Issuer Rating or Financial Strength Rating of
that issuer as the credit rating applicable to
the security. Unrated securities that are fully
guaranteed by Government-sponsored
enterprises (GSE) such as the Federal
National Mortgage Corporation (Fannie Mae)
will receive the same treatment as AAA
securities. Unrated securities backed by the
full faith and credit of the U.S. Government
will not receive a haircut.
If FCA approves the purchase of an unrated
investment, and portions of that investment
are later sold by Farmer Mac according to
their specific risk characteristics, the Director
will take reasonable measures to adjust the
haircut level applied to the investment to
recognize the change in the risk
characteristics of the retained portion. The
Director will consider similar methods for
dealing with capital requirements adopted by
other Federal financial institution regulators
in similar situations.
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BBB and Unrated.
BBB and Unrated.
BBB and Unrated.
Baa and Unrated.
B, or Below and Unrated.
E
D/E.
E.
Individual investment haircuts must then
be aggregated into weighted-average haircuts
by investment category and submitted in the
‘‘Data Inputs’’ worksheet. The spreadsheet
uses these inputs to reduce the weightedaverage yield on the investment category to
account for counterparty insolvency
according to a 10-year linear phase-in of the
haircuts. Each asset account category
identified in this data requirement is
discussed in section 4.2, ‘‘Assumptions and
Relationships.’’
*
4.2
*
*
*
*
Assumptions and Relationships
*
*
*
*
*
b. * * *
(3) Elements related to income and
expense assumptions. * * * These parameters
are the gain on agricultural mortgage-backed
securities (AMBS) sales, miscellaneous
income, operating expenses, reserve
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requirement, guarantee fees and loan loss
resolution timing.
*
*
*
*
*
(C) The stress test assumes that short-term
cost of funds is incurred in relation to the
amount of defaulting loans purchased from
off-balance sheet pools. The remaining
unpaid principal balance on this loan volume
is the origination amount reduced by the
proportion of the total portfolio that has
amortized as of the end of the most recent
quarter. This volume is assumed to be funded
at the short-term cost of funds and this
expense continues for a period equal to the
loan loss resolution timing period (LLRT)
period minus 1. We will calculate the LLRT
period from Farmer Mac data. In addition,
during the LLRT period, all guarantee income
associated with the loan volume ceases.
(D) The stress test generates no interest
income on the estimated volume of defaulted
on-balance sheet loan volume required to be
carried during the LLRT period, but
continues to accrue funding costs during the
remainder of the LLRT period.
(E) You must update the LLRT period in
response to changes in the Corporation’s
actual experience with each quarterly
submission.
*
*
*
*
*
ebenthall on PRODPC61 with PROPOSALS
4.5 Income Statements
a. Information related to income
performance through time is contained on
the worksheet named ‘‘Income Statements.’’
Information from the first period balance
sheet is used in conjunction with the
earnings and cost-spread relationships from
Farmer Mac supplied data to generate the
15:17 Sep 12, 2007
[FR Doc. E7–18014 Filed 9–12–07; 8:45 am]
BILLING CODE 6705–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
4.4 Loan and Cashflow Accounts
The worksheet labeled ‘‘Loan and
Cashflow Data’’ contains the categorized loan
data and cashflow accounting relationships
that are used in the stress test to generate
projections of Farmer Mac’s performance and
condition. As can be seen in the worksheet,
the steady-state formulation results in
account balances that remain constant except
for the effects of discontinued programs,
maturing Off-Balance Sheet AgVantage
positions, and the LLRT adjustment. For
assets with maturities under 1 year, the
results are reported for convenience as
though they matured only one time per year
with the additional convention that the
earnings/cost rates are annualized. For the
pre-1996 Act assets, maturing balances are
added back to post-1996 Act account
balances. The liability accounts are used to
satisfy the accounting identity, which
requires assets to equal liabilities plus owner
equity. In addition to the replacement of
maturities under a steady state, liabilities are
increased to reflect net losses or decreased to
reflect resulting net gains. Adjustments must
be made to the long- and short-term debt
accounts to maintain the same relative
proportions as existed at the beginning
period from which the stress test is run with
the exception of changes associated with the
funding of defaulted loans during the LLRT
period. The primary receivable and payable
accounts are also maintained on this
worksheet, as is a summary balance of the
volume of loans subject to credit losses.
VerDate Aug<31>2005
first period’s income statement. The same set
of accounts is maintained in this worksheet
as ‘‘Loan and Cashflow Accounts’’ for
consistency in reporting each annual period
of the 10-year stress period of the test with
the exception of the line item labeled
‘‘Interest reversals to carry loan losses’’
which incorporates the LLRT adjustment to
earnings from the ‘‘Risk Measures’’
worksheet. Loans that defaulted do not earn
interest or guarantee any commitment fees
during LLRT period. The income from each
interest-bearing account is calculated, as are
costs of interest-bearing liabilities. In each
case, these entries are the associated interest
rate for that period multiplied by the account
balances.
Dated: September 7, 2007.
Roland E. Smith,
Secretary, Farm Credit Administration Board.
Jkt 211001
[Docket No. FAA–2007–29170; Directorate
Identifier 2007–NM–075–AD]
RIN 2120–AA64
Airworthiness Directives; Airbus Model
A319 and A320 Series Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
SUMMARY: We propose to adopt a new
airworthiness directive (AD) for the
products listed above. This proposed
AD results from mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
Some taperlocks used in the wing-tofuselage junction at rib 1 were found to be
non-compliant with the applicable
specification, resulting in a loss of pretension in the fasteners. In such conditions,
the structural integrity of the aircraft could be
affected.
The proposed AD would require actions
that are intended to address the unsafe
condition described in the MCAI.
DATES: We must receive comments on
this proposed AD by October 15, 2007.
ADDRESSES: You may send comments by
any of the following methods:
• DOT Docket Web Site: Go to
https://dms.dot.gov and follow the
instructions for sending your comments
electronically.
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
52309
• Fax: (202) 493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
• Hand Delivery: Room W12–140 on
the ground floor of the West Building,
1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://dms.dot.gov; or in
person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this proposed
AD, the regulatory evaluation, any
comments received, and other
information. The street address for the
Docket Operations office (telephone
(800) 647–5527) is in the ADDRESSES
section. Comments will be available in
the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Tim
Dulin, Aerospace Engineer,
International Branch, ANM–116, FAA,
Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, Washington
98057–3356; telephone (425) 227–2141;
fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2007–29170; Directorate Identifier
2007–NM–075–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD based on those comments.
We will post all comments we
receive, without change, to https://
dms.dot.gov, including any personal
information you provide. We will also
post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
Discussion
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Community, has issued EASA
Airworthiness Directive 2007–0067R1,
dated June 7, 2007 (referred to after this
E:\FR\FM\13SEP1.SGM
13SEP1
Agencies
[Federal Register Volume 72, Number 177 (Thursday, September 13, 2007)]
[Proposed Rules]
[Pages 52301-52309]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-18014]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 72, No. 177 / Thursday, September 13, 2007 /
Proposed Rules
[[Page 52301]]
-----------------------------------------------------------------------
FARM CREDIT ADMINISTRATION
12 CFR Part 652
RIN 3052-AC36
Federal Agricultural Mortgage Corporation Funding and Fiscal
Affairs; Risk-Based Capital Requirements
AGENCY: Farm Credit Administration.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Farm Credit Administration (FCA, Agency, us, or we) adopts
a proposed rule that would amend regulations governing the Federal
Agricultural Mortgage Corporation (Farmer Mac or the Corporation). We
propose to update the model in response to recent additions to Farmer
Mac's program operations that are not addressed in the current version
of the model. We propose to amend the current model's assumption
regarding the carrying cost of nonperforming loans to better reflect
Farmer Mac's actual business practices. We further propose to add a new
component to the model to recognize counterparty risk on nonprogram
investments through application of discounts or ``haircuts'' to the
yields of those investments and to make technical amendments to the
layout of the model's Credit Loss Module. The effect of the rule is to
update the model so that it continues to appropriately reflect risk in
a manner consistent with statutory requirements for calculating Farmer
Mac's regulatory minimum capital level.
DATES: You may send us comments by October 29, 2007.
ADDRESSES: We offer several methods for the public to submit comments.
For accuracy and efficiency reasons, commenters are encouraged to
submit comments by e-mail or through the Agency's Web site or the
Federal eRulemaking Portal. Regardless of the method you use, please do
not submit your comment multiple times via different methods. You may
submit comments by any of the following methods:
E-mail: Send us an e-mail at reg-comm@fca.gov.
Agency Web site: https://www.fca.gov. Select ``Legal
Info,'' then ``Pending Regulations and Notices.''
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Robert Coleman, Director, Office of Secondary Market
Oversight, Farm Credit Administration, 1501 Farm Credit Drive, McLean,
VA 22102-5090.
FAX: (703) 883-4477. Posting and processing of faxes may
be delayed, as faxes are difficult for us to process and achieve
compliance with section 508 of the Rehabilitation Act. Please consider
another means to comment, if possible.
You may review copies of comments we receive at our office in
McLean, Virginia, or on our Web site at https://www.fca.gov. Once you
are in the Web site, select ``Legal Info,'' and then select ``Public
Comments.'' We will show your comments as submitted, but for technical
reasons we may omit items such as logos and special characters.
Identifying information that you provide, such as phone numbers and
addresses, will be publicly available. However, we will attempt to
remove e-mail addresses to help reduce Internet spam.
FOR FURTHER INFORMATION CONTACT: Joseph T. Connor, Associate Director
for Policy and Analysis, Office of Secondary Market Oversight, Farm
Credit Administration, McLean, VA 22102-5090, (703) 883-4280, TTY (703)
883-4434; or Rebecca Orlich, Senior Counsel, Office of the General
Counsel, Farm Credit Administration, McLean, VA 22102-5090, (703) 883-
4420, TTY (703) 883-4020.
SUPPLEMENTARY INFORMATION:
I. Purpose
It is the Agency's objective that the risk-based capital stress
test (RBCST) continue to determine regulatory capital requirements
consistent with statutory requirements and constraints. The purpose of
this proposed rule is to revise the risk-based capital (RBC)
regulations that apply to Farmer Mac to more accurately reflect changes
in Farmer Mac's operations or business practices. The substantive
issues addressed in this proposed rule are treatment of program loan
volume with certain credit enhancement features (e.g., Off-Balance
Sheet AgVantage volume, subordinated interests, and program loan
collateral pledged in excess of Farmer Mac's guarantee obligation
(hereafter, ``overcollateral'')), counterparty risk on nonprogram
investments, and the resolution timing for nonperforming loans and
associated carrying costs. We also propose minor formatting changes to
the structure of the Credit Loss Module that are in the nature of
technical changes.
II. Background and Summary of Revisions
In 2006, Farmer Mac initiated a program to guarantee timely
repayment of principal and interest on notes that are collateralized by
Farmer Mac-eligible agricultural real estate mortgage assets and are
also secured by an obligation of the mortgage lender. We will refer to
this product as Off-Balance Sheet AgVantage. The first such transaction
was a guarantee of $500 million in guaranteed notes announced by Farmer
Mac on January 23, 2006. Subsequently, Farmer Mac announced similarly
structured transactions for $1 billion each on July 13, 2006, and April
11, 2007. The current version of the RBCST lacks a component to
recognize the credit enhancement provided by the lender's obligation
and, consequently, this volume is excluded from the modeled loan
portfolio. We propose to begin including this product in the RBCST
model. Further, in the event that Farmer Mac introduces products that
include a subordinated interest retained by the primary lender, we
propose a modeling treatment of such structures.
We proposed revisions to the treatment of nonprogram investments
and the carrying cost of nonperforming loans in our rule published in
November 2005.\1\ We did not adopt those proposed revisions in the
final rule that amended other parts of the model.\2\ We now propose
revisions to these two components that differ somewhat from those
proposed in November 2005. We propose to account for counterparty risk
on nonprogram investments by applying a discount (or ``haircut'') to
the yields of nonprogram investments scaled according to credit
ratings, with a 10-year phase-in. We propose a method of calculating
the
[[Page 52302]]
carrying cost of nonperforming loans over a period we refer to as the
Loan Loss Resolution Time period, or ``LLRT'', that will include a
quarterly update of the LLRT estimate.
---------------------------------------------------------------------------
\1\ 70 FR 69692 (November 17, 2005).
\2\ 71 FR 77247 (December 26, 2006).
---------------------------------------------------------------------------
Finally, we propose other technical changes to improve formatting
and clarity of labeling in certain cells of the Credit Loss Module
worksheets.
III. Issues, Options Considered, and Proposed Revisions
A. Treatment of Off-Balance Sheet AgVantage Program Volume
In 2006, Farmer Mac initiated a program to guarantee the timely
repayment of principal and interest on notes that, in addition to being
collateralized by Farmer Mac-eligible agricultural real estate
mortgages, are also secured by an obligation of the primary lender of
those mortgages. The current version of the model lacks a component to
recognize the credit enhancement provided by the issuer's general
obligation and any contractually required loan collateral in excess of
the face value of the guaranteed notes.
We propose to revise the model to include this program volume by
modeling all loans in guaranteed note portfolios in the same manner as
all other program volume, with two differences. The first difference
would recognize the risk mitigation provided by the general obligation
by reducing the age-adjusted dollar losses estimated on the subject
loans by an adjustment factor derived from historical default rates by
the whole letter credit ratings of corporate bond issuers as reported
by a nationally recognized statistical rating organization (NRSRO). The
second difference would address the risk-reducing effects of
contractually required overcollaterization of the subject portfolio, if
any.
The derivation and application of the general obligation adjustment
factor would be as follows. We would define five levels of credit
ratings from ``AAA'' to ``below BBB and unrated.'' We would assign each
of the NRSRO-rating categories to one of the five general whole-letter
rating categories we define. The adjustment factors applied would be
equal to the average cumulative issuer-weighted, 10-year corporate
default rates from 1920 through the most recent year as published by
Moody's Investor Services.\3\ For issuers that are rated below BBB or
are unrated, the model would apply a factor equal to the 10-year
corporate default rates on Speculative-Grade bonds published in the
same report. This rate would then be further adjusted to obtain an
estimated loss rate related only to a general obligation of the
corporate issuer/Off-Balance Sheet AgVantage counterparty with a given
credit rating by considering the loss-severity rate as implied by
recovery rates published in the same annual Moody's report (i.e., 1
minus recovery rate). In this case, because recovery rates are not
published by whole-letter credit rating categories in the Moody's
report, we would apply a loss severity implied by Moody's average
Defaulted Bond Recovery Rates by Lien Position for as long a period as
the Moody's report provides. Moody's 2006 report includes a table of
data on recovery rates from 1982 to 2006. We propose to adopt a
severity rate adjustment to historical corporate default rates based on
the published long-term recovery rate for senior unsecured bonds. We
considered using the recovery rates of the ``All Bonds'' category to
calculate implied loss-severity rate factors but rejected that approach
because we believe that the senior unsecured category is likely to
reflect a more accurate analog of a general obligation than a ``catch-
all'' category like ``All Bonds'' that would include senior secured
bond and subordinated bond categories in addition to the senior
unsecured category. We believe that neither of these bond lien position
categories reflects the nature of a general obligation as accurately as
the senior unsecured category.
---------------------------------------------------------------------------
\3\ Hamilton, D., Ou S., Kim R., Cantor R., ``Corporate Default
and Recovery Rates, 1920--2006,'' published by Moody's Investors
Service, February 2007--the most recent edition as of April 2007.
---------------------------------------------------------------------------
We considered whether the senior secured category might be more
applicable, given the mortgage loans that collateralize this
obligation. However, we believe our proposed application is justified
because, in the RBCST's Credit Loss Module, we target an estimate of
the ultimate loss rate associated with the occurrence of what are
assumed to be independent events (a corporate default and agricultural
mortgage loan pool defaults). For example, suppose that a counterparty
utilizing Farmer Mac's Off-Balance Sheet AgVantage product goes
bankrupt. We assume that the default event is uncorrelated with the
occurrence of worst-case stress in the agricultural lending sector.
Therefore, we treat the estimated loss rate calculation on the general
obligation separately from the estimated loss rate calculation on the
program loan collateral. Thus, we believe the estimation of a
counterparty default/severity rate should be done separately from and
without regard to the loan collateral and, therefore, that the senior
unsecured severity rate is most appropriate.
The following table sets forth the proposed credit loss adjustment
factors and their components (Adjustment Factor = Default Rate x
Severity Rate).\4\
---------------------------------------------------------------------------
\4\ Ibid; Default Rates, page 22, Recovery Rates (Severity Rate
= 1 minus Senior Unsecured Average Recovery Rate) page 18.
----------------------------------------------------------------------------------------------------------------
General
obligation
Whole letter rating Default rate Severity rate adjustment
(percent) (percent) factor
(percent)
----------------------------------------------------------------------------------------------------------------
AAA............................................................. 0.89 55 0.49
AA.............................................................. 2.31 55 1.26
A............................................................... 2.90 55 1.58
BBB............................................................. 7.29 55 3.98
Below BBB and Unrated........................................... 27.39 55 15.16
----------------------------------------------------------------------------------------------------------------
The adjustment factors would be updated quarterly as the updated
Moody's report on Default and Recovery Rates of Corporate Bond Issuers
becomes available. In the event that there is an interruption of
Moody's publication of this annual report, or FCA informs Farmer Mac it
has determined that the report has changed so much that it prevents or
calls into question the identification of suitable updated factors, the
prior year's factors would remain in effect until FCA revises the
process through rulemaking.
In addition, the loan portfolio collateral underlying Off-Balance
Sheet AgVantage volume may contain loan collateralization in excess of
the face
[[Page 52303]]
value of the note. This overcollateral may be contractually required or
it may be provided by the issuer of the guaranteed note to reduce
administrative expense associated with monitoring the eligibility of
the collateral, or both. We view overcollateral in excess of
contractually required amounts as solely an administrative convenience
for the lender in question. When there is excess overcollateral, any
loan in the overcollateral can automatically be deemed to replace a
loan that might become ineligible under the AgVantage contract without
the need for additional action on the part of either party. However,
when it is discretionary and not contractually required, the amount of
excess overcollateral provided by Farmer Mac's counterparty is subject
to change at any time. Therefore, we believe that overcollateral that
is required by contract and is not simply an administrative convenience
should be recognized in the model for the risk mitigation it provides,
but that the additional collateral provided solely for administrative
convenience should not.
Whenever overcollateral exists, we model a portfolio that is larger
than the dollar amount of Farmer Mac's guarantee obligation because
there is no direct means to segregate a specific set of loans in the
total collateral portfolio that could be considered to comprise 100
percent of the face value of the guaranteed notes. We then need an
adjustment to reduce the amount of submitted loan collateral for
purposes of estimating credit losses in the Credit Loss Module (CLM) in
order to avoid the model's recognition of the credit risk on loan
volume that is in excess of the contractually required volume.
Given the above considerations, we propose the following treatment.
The Off-Balance Sheet AgVantage volume will be modeled using separate
worksheets of the CLM with added features to:
(1) Scale the estimated losses to be commensurate with losses
associated with the contractually required minimum collateral. To
achieve this, we multiply the estimated dollar losses of each loan
after age adjustment by the ratio of the guaranteed amount to total
submitted loan collateral; and
(2) Recognize the risk mitigation provided by the contractually
required overcollateralization. To do so, expected losses after the
adjustment in ``(1)'' above are compared to the dollar amount of
contractually required overcollateral, and any estimated credit loss
dollars in excess of the contractually required overcollateral are
input in the model as loss rates applied to that pool's underlying
portfolio volume.
(3) Recognize the risk mitigation provided by the counterparty's
general obligation. This is accomplished by multiplying any
remaining losses after the adjustments in ``(1)'' and ``(2)'' above
by the appropriate general obligation adjustment factor according to
the counterparty's whole-letter issuer credit rating (set forth in
the table above) to reflect the likelihood of exhausting the
capacity of the issuer to maintain adequate collateral.
We acknowledge that the order of these adjustments may seem
incongruous with the legal structure of a given transaction, but we
believe the proposed order makes sense from a modeling perspective. For
example, the counterparty's general obligation might legally be first
in terms of the security provided in support of Farmer Mac's risk
position--followed by access to the loan collateral after an event of
default by the counterparty. However, we adjust for the risk-mitigation
of the contractually required overcollateralization first, followed by
the adjustment for the general obligation. As a practical matter, we
believe that Farmer Mac, to make itself whole on any losses after the
counterparty defaults, would first work through the overcollateral,
which would be held by a bankruptcy-remote vehicle. Only after that
overcollateral proved insufficient to make Farmer Mac whole, would it
need to pursue further recovery from the counterparty.
B. Add a Treatment for Products that Could Include a Subordinated
Interest Retained by the Primary Lender or Seller
In the event Farmer Mac introduces new products that include the
specific retention of a portion of the credit risk at either a loan
level or a pool level by the primary lender or seller, this loan volume
would also be modeled in separate worksheets of the CLM. The model
would recognize the subordinated interest by multiplying the age-
adjusted dollar losses in the subject portfolio by one minus the
percentage of the subordinated interest in order to isolate the portion
of estimated loss that Farmer Mac would incur. To the extent that such
structures include further stratification of losses, such as a cap on
the exposure to losses assumed by Farmer Mac, such stratification would
be treated in a similar manner.
C. Add Haircuts on Nonprogram Investments
Currently, the RBCST does not include a component to reflect
counterparty risk on Farmer Mac's portfolio of nonprogram investments
or its derivatives. We propose adopting a system of haircuts to the
yields on investment securities scaled according to credit ratings,
with larger haircuts applied to cash flows from investments from
issuers with lower credit ratings. We previously proposed haircuts in
our November 2005 proposed rule but did not include them in our final
rule published on December 26, 2006.
The previously proposed rule based investment haircuts on the risk-
based capital regulations of the Office of Federal Housing Enterprise
Oversight (OFHEO) (12 CFR part 1750). OFHEO's haircut levels were based
on worst-case corporate bond default rates using Depression-era default
rates and recovery rates, expanded to a 10-year period. For all
counterparties, the default rates used were 5 percent for AAA, 12.5
percent for AA, 20 percent for A, 40 percent for BBB and 100 percent
for below BBB or unrated. Severity rates used were 70 percent for
nonderivative securities, yielding net haircuts of 3.5 percent, 8.75
percent, 14.0 percent, and 28.0 percent for ratings AAA through BBB,
respectively. One hundred percent (100%) haircuts were applied to the
``BBB or unrated'' category. Our November 2005 proposal contained the
same haircut levels as in OFHEO's regulations.
We decided not to adopt the November 2005 haircut proposal out of
concern that the worst-case perspective on historical default rates is
not as appropriate for Farmer Mac as it is for the housing Government-
sponsored enterprises (GSEs). While it is plausible that worst-case
stress in the housing markets could be highly correlated with worst-
case conditions throughout the economy as exhibited by corporate bond
defaults, we believe that worst-case agricultural credit conditions
would likely be far less correlated with events of major stress in
financial markets generally. Therefore, we have based the haircuts in
this proposed rule on average bond default rates rather than worst-case
historical corporate defaults. In addition, we have chosen not to
follow a similar method for expansion of the worst case interval to the
10-year time interval. Instead, we propose a more direct reliance on
empirical evidence and base the haircuts on Moody's Average 10-year
cumulative issuer-weighted corporate default rates by whole letter
rating, adjusted by the average implied long-term severity rate for
Senior Unsecured bonds. The weighted-average yields of non-program
investment categories would be reduced by the haircut percentage phased
in linearly over the 10-year modeling horizon. The haircut levels are
the same as the loss rate adjustment factors proposed above for
application on loans underlying guaranteed notes, and like those
factors these will be updated as
[[Page 52304]]
new information becomes available. The proposed investment haircuts to
recognize counterparty risk are as follows:
------------------------------------------------------------------------
Haircut
Whole letter credit rating (percent)
------------------------------------------------------------------------
AAA........................................................ 0.49
AA......................................................... 1.26
A.......................................................... 1.58
BBB........................................................ 3.98
Below BBB and Unrated...................................... 15.16
------------------------------------------------------------------------
We propose to phase in the haircuts over the 10-year modeling
horizon, based on our assumption that defaults on investments in
response to a general downturn in the economy would not be
instantaneous but rather spread through time. Furthermore, consistent
with the OFHEO rule, we would not assign the rating of a parent company
to its unrated subsidiary because NRSROs will not impute a corporate
parent's rating to a derivative or credit enhancement counterparty in
the context of a securities transaction, and because extending that
rating to the unrated subsidiary would be tantamount to the regulator
rating the subsidiary.\5\ However, when an investment is structured as
a collateralized obligation backed by the issuer's general obligation
and, in turn, a pool of collateral, we accept the issuer rating of that
issuer as the credit rating applicable to the security. Unrated
securities that are fully guaranteed by GSEs receive the same treatment
as AAA securities. Unrated securities backed by the full faith and
credit of the U.S. Government do not receive a haircut.
---------------------------------------------------------------------------
\5\ 66 FR 47730, 47777 (September 13, 2001).
---------------------------------------------------------------------------
In the event that FCA approves the purchase of an unrated
investment, and portions of that investment with specific risk
characteristics are later sold by Farmer Mac, the Director will take
reasonable measures to adjust the haircut level applied to the
investment to recognize the change in the risk characteristics of the
retained portion. In taking these measures, the Director will consider
the approaches taken to address capital requirements related to similar
investments that have been adopted by other Federal financial
institution regulators.
We propose to apply the haircuts to yields on a weighted-average
basis by investment categories established in the ``Data Inputs''
worksheet of the RBCST, e.g., commercial paper, corporate debt and
asset-backed securities, agency mortgaged-backed securities and
collateralized mortgage obligations. This treatment would require
Farmer Mac to calculate the weighted-average haircut by investment
category to be applied to the weighted-average yields for each
investment category and to input the haircuts into the ``Data Inputs''
worksheet. The proposed haircuts are set forth in the table in
paragraph e. of section 4.1 in the appendix A, subpart B of part 652.
We considered proposing a similar haircut on derivative securities,
on the ground that credit stress that impacts Farmer Mac's nonprogram
investment portfolio would reasonably be expected to affect its
derivatives counterparties and its terms of access to the swap
market.\6\ We believe a more appropriate approach to haircutting
derivatives may be to reflect lost payments on defaulted derivative
securities in a net-receive position, as well as the ``replacement
cost''--i.e., the additional expense associated with the replacement of
derivative positions when the counterparty defaults and the market
value of the derivative has increased since the date the defaulted
derivative contract was executed. Such an increased market value would
be to Farmer Mac's benefit when the counterparty does not default, but
to its detriment when it does default. The Agency plans to address this
issue in future revisions of the RBCST and specifically requests
comment on the most appropriate approach to incorporate into the RBCST
such ``replacement cost'' risk relating to derivative securities.
---------------------------------------------------------------------------
\6\ The term ``derivative'' refers to over-the-counter financial
derivative instruments used by Farmer Mac to hedge interest rate
risk and synthetically extend the term structure of its debt to
reduce funding costs.
---------------------------------------------------------------------------
D. Improve the Estimate of Carrying Costs of Nonperforming Loans by
Revising LLRT Assumptions
The RBCST was originally developed with a loss-severity estimate
that assumes it would take Farmer Mac 1 year to work through problem
loans from the point of default through final disposition. An estimate
was used because, at the time of development of the RBCST, historical
nonperforming loan resolution timing data from Farmer Mac were not
sufficient. Farmer Mac data collected since that time indicate that an
adjustment to the 1-year assumption to recognize Farmer Mac's actual
historical experience is appropriate. If the actual historical time
interval is longer than the current model's assumption, the capital
needs for carrying nonperforming assets are likely understated in the
model. Therefore, we propose amendments to the model to reflect costs
associated with any additional time period over which Farmer Mac has
carried nonperforming loans on average throughout its history. The LLRT
is the weighted average time in fractions of 1 year that Farmer Mac has
carried nonperforming loans from the date of the last interest payment,
the Interest Paid-Through Date (ITPD) and the date the loan is finally
resolved. This proposed LLRT differs from that proposed in November
2005 in the method used to estimate the LLRT period, as described in
detail below.
In the final rule preamble to RBCST Version 2.0 published December
26, 2006, we discussed our intent to review further the scaling factor
used to estimate the unpaid premium balance associated with estimated
loan loss dollar volume. After further review, we believe that basing
the scaling factor on the total current portfolio average relationship
between origination loan amount and current outstanding loan amounts,
as originally proposed, is more appropriate than basing the scaling
factor on that same relationship among the small universe of loans that
have been through the default and resolution process historically. Our
view is based on the small size of the latter data set. This proposed
rule also clarifies the calculation of the LLRT period and incorporates
additional information provided by Farmer Mac regarding its actual
historical LLRT experience.
With the exception of the 1-year period assumed in the loss-
severity rate, the current RBCST under a steady-state scenario requires
backfilling of loan loss volume with like assets, without recognizing
any of the costs associated with carrying loans as non-earning, but
funded, assets. Under the proposed rule, the RBCST would reflect
additional costs associated with carrying the unpaid principal balance
of nonperforming loans during the portion of the LLRT period that
exceeds the 1-year assumption.
The change would be incorporated into the RBCST as follows. Off-
balance sheet loans with estimated losses are assumed to be purchased
from the off-balance sheet portfolio and fully funded at the short-term
cost of funds rate used in the model, and any associated guarantee fee
income is reversed. The short-term cost of funds (adjusted to
incorporate interest rate shock effects) is used to estimate this
additional funding cost in recognition of Farmer Mac's actual business
practices. On-balance sheet loans generating losses are also removed
from the interest earnings calculations and continue to generate
interest expense at the blended cost of long- and short-term funds for
the
[[Page 52305]]
portion of the LLRT period that exceeds 1 year. In response to a
comment on the original proposed rule, the rates are not adjusted to
incorporate interest rate shock effects in this proposed rule, in
contrast to the original proposal of this revision, in recognition that
these rates would be in place at the time of the onset of the stress.
The model would continue to backfill new loans at the point of loan
resolution to retain its steady-state specification.
The proposed revisions involve two principal changes from the
current RBCST. First, the date of backfill would be moved to a point in
time that more accurately reflects Farmer Mac's actual experience. The
model would then capture the additional costs of carrying loans in a
non-interest earning category on the balance sheet. Second, the
guarantee fee income would be reduced by the weighted average guarantee
fee in the portfolio multiplied by the relevant off-balance sheet loan
volume over the portion of the LLRT period that exceeds one year. The
LLRT would become a data input to be updated with each quarterly
submission of the model.
When we first proposed to revise this component in November 2005,
we received several comments that noted the need for greater clarity in
the LLRT's calculation formula. We have attempted to provide greater
clarity in the proposed LLRT calculation as follows:
(1) Assemble in a spreadsheet individual loan level data for all
historical nonperforming loans that migrated from the program loan
portfolio into nonaccrual status. Identify the ``resolution type,''
i.e., whether the loan resolved by the borrower bringing the loan
current or paying off the loan in full, or whether the loan was
foreclosed and liquidated prior to being placed in real estate owned
(REO), or placed in REO. For each of these resolution types, include
the associated dates (e.g., the date the loan was brought current,
paid off, liquidated prior to REO, or placed in REO);
(2) Include the following data elements:
Loan Number
Origination Date
Original Balance
Payment Frequency
Interest Paid Through Date (ITPD)
Non-Accrual Date
Unpaid Principal Balance (UPB) at Non-Accrual Date
Accrued Interest Through Non-Accrual Date
Resolution-type Code (assign numerical code to each type listed in
the paragraph above)
Resolution Date
Net Gain/Loss Amount
(3) Remove loan records with missing data elements in ``(2)''
above from the database for purposes of the LLRT calculation;
(4) Calculate the number of days between the ITPD and the
Resolution Date for each loan;
(5) Divide that number of days by 365. The quotient is the LLRT
for each loan. Calculate the weighted-average LLRT using weights
based on the total obligation at the Non-Accrual Date (Unpaid
Principal Balance at Non-Accrual) and input the resulting weighted-
average LLRT into the model's Data Inputs worksheet.
(6) For nonperforming loans that have not resolved, include
these loans in the calculation using the quarter end ``as of'' date
of each model submission in place of the resolution date, but
include them only if the calculated time interval to the ``as of''
date is longer than the calculated average LLRT when these records
are excluded. In other words, if the carrying time interval is not
longer than the calculated LLRT using the data set excluding these
records, the records should be excluded from the final LLRT
calculation. This will prevent loan records that have not gone
completely through the resolution process from exerting a downward
influence on the LLRT but allow them to have an upward influence if
the unresolved loans' LLRTs are greater than the calculated average
before inclusion of such loans.
Farmer Mac commented on our November 2005 proposal that the
application of funding rates to the calculation of the carrying cost of
nonperforming loans is inconsistent with its actual practice and that
the proposed change should be withdrawn. Farmer Mac's comment focused
on three aspects of the proposed LLRT change. We will summarize those
three and then provide a discussion of each with our response. In this
discussion, we refer to liabilities due in 1 year or less as short-term
liabilities and to liabilities due after 1 year as ``long-term'' debt.
The comment's three points were: (a) Farmer Mac does not fund
nonperforming loans using a certain tenor of debt with perfect
consistency, (b) Farmer Mac can effectively change the cost of funds of
any nonperforming on-balance sheet loan by employing a ``cross-
funding'' strategy, and (c) the model should not fund on-balance sheet,
nonperforming loans at the shocked interest rates under the interest
rate risk stress component in the model because these loans would, by
having been on the balance sheet at the point in time when rates are
shocked, have already been funded at pre-shock rates.
Farmer Mac acknowledged that purchases of nonperforming, off-
balance sheet loans would be done at short-term rates in the
preponderance of cases, which is consistent with this proposed rule.
However, Farmer Mac stated that, in actual practice, it uses a mix of
short- and long-term debt because it decides on the appropriate funding
term for such purchases based on the existing yield curve conditions
and REO disposition expectations. While we accept the premise that in
certain cases Farmer Mac might fund such purchases using longer term
debt, we believe these cases are likely to be rare exceptions (e.g.,
steeply inverted yield curves) and do not create a sufficiently
compelling reason to add more complexity to the model such as, for
example, a new data input for average off-balance sheet nonperforming
loan funding rates. Therefore, we made no change to this specific
aspect of the model in this proposed rule.
Farmer Mac commented that it could employ a cross-funding strategy
to effectively fund on-balance sheet non-performing loans at the short-
term debt rates such as it uses in most cases of purchases of off-
balance sheet nonperforming loans. While we agree that such
opportunities could occur, we believe that assuming that Farmer Mac
would always have the opportunity to purchase new program assets with
the same size and expected life characteristics as on-balance sheet
nonperforming loans is too broad an assumption to incorporate into the
model. While it is possible that Farmer Mac could execute a similar
rebalancing and reassignment of debt tenors among its program assets by
adjustments to its ongoing daily funding selections, we would also view
such a potentially complex incorporation of this contingent scenario
into the model as unjustified for the added level of accuracy it might
provide in certain cases. Therefore, we have made no change to the
funding rates applied to calculate carrying cost of on-balance sheet
nonperforming loans in this proposed rule.
Finally, Farmer Mac commented that the model should not fund on-
balance sheet, nonperforming loans at shocked interest rate levels
established by statute because these loans would, by having been
already on the balance sheet at the point in time when rates are
shocked, have been funded at pre-shocked rates. We agree with the
comment and have revised the cost of funds applied to on-balance sheet
nonperforming loans during the LLRT to pre-shock blended long- and
short-term cost of funds rates in this proposed rule.
The proposed LLRT revisions are forward-looking only. In other
words, actual loans that defaulted in year zero and are in their second
year of nonperforming status in year one of the model's 10-year time
horizon are not included in the proposed LLRT revision, and therefore
no adjustment to restate current balance sheet amounts is needed. We
considered an approach involving such a restatement but rejected it as
unnecessarily complex. We note that our proposed revision to more
accurately reflect the carrying cost of nonperforming loans results in
less
[[Page 52306]]
additional stress in a down-rate interest rate risk environment. This
result is appropriate, as it would be less costly to fund nonperforming
loans when interest rates are relatively low.
We propose one further adjustment to complete the LLRT revision.
The RBCST is sometimes referred to as an ``origination loan model''
because it performs its loss estimation based on origination loan
amounts and dates. The model does not incorporate loan interest rates
or amortization of the loan portfolio. However, implementation of the
LLRT revision would require us to make an estimate of loan amortization
because it would be inaccurate to estimate the additional carrying cost
associated with the LLRT period by applying the appropriate cost of
funds to a loan's origination amount. We propose to use the portfolio
average principal amortization to make this adjustment (i.e., total
portfolio current scheduled principal balance divided by total
origination balance). We would also incorporate into the blended rate
used to calculate the carrying cost of nonperforming on-balance sheet
loans an increment of interest expense associated swap expense
according to Farmer Mac's practice of combining debt and swap contracts
to fund loans.
E. Technical Changes to Improve Formatting and Clarity of Cell Labeling
and Submission Deadlines
In the RBCST spreadsheet, we have relocated the quarter-end date
selection pull-down menu from the Assumptions and Relationships page to
the Capital worksheet for convenience. We have also made line item
labeling changes to enhance clarity in both the CLM and the RBC
modules. We have also revised Sec. 652.85 to update submission
deadlines to be the same as the filing deadlines of Farmer Mac's public
disclosures on Forms 10-Q and 10-K required by the Securities and
Exchange Commission.
IV. Impact of Proposed Changes on Required Capital
We have evaluated the impact of the proposed changes to the
currently active version of the model, Version 2.0. Our tests indicate
that changes related to the LLRT would have the most significant impact
on risk-based capital calculated by the model. The table below provides
an indication of the impact of the revisions in the quarter ended March
31, 2007. The lines labeled ``General Obligation Adjustment'',
``Investment Haircuts'', and ``Carrying Costs of Nonperforming Loans''
present the impacts if only that revision were made to the current
version, and the column labeled ``Difference'' calculates the impact of
that individual change for the quarter ended March 31, 2007, compared
to the requirement calculated using the currently active Version 2.0.
The bottom line presents the impact of all proposed revisions in
Version 3.0. As the table shows, the individual estimated impacts do
not have an additive relationship to the total impact on the model
output. This is due to the interrelationship of the changes with one
another when they are combined in Version 3.0.
------------------------------------------------------------------------
Calculated regulatory capital ($ in
thousands) 3/31/2007 Difference
------------------------------------------------------------------------
RBCST Version 2.0....................... 80,831 ..............
Treatment of Loans Backed by an 73,244 -7,587
Obligation of the Counterparty and
Contractually Required Overcollateral..
Investment Haircuts..................... 83,922 3,091
Carrying Cost of Nonperforming Loans.... 105,170 24,340
RBCST Version 3.0 Change Impacts........ 100,079 19,249
------------------------------------------------------------------------
V. Regulatory Flexibility Act
Pursuant to section 605(b) of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.), FCA hereby certifies the rule will not have a
significant economic impact on a substantial number of small entities.
Farmer Mac has assets and annual income over the amounts that would
qualify it as a small entity. Therefore, Farmer Mac is not considered a
``small entity'' as defined in the Regulatory Flexibility Act.
List of Subjects in 12 CFR Part 652
Agriculture, Banks, banking, Capital, Investments, Rural areas.
For the reasons stated in the preamble, part 652 of chapter VI,
title 12 of the Code of Federal Regulations is proposed to be amended
to read as follows:
PART 652--FEDERAL AGRICULTURAL MORTGAGE CORPORATION FUNDING AND
FISCAL AFFAIRS
1. The authority citation for part 652 continues to read as
follows:
Authority: Secs. 4.12, 5.9, 5.17, 8.11, 8.31, 8.32, 8.33, 8.34,
8.35, 8.36, 8.37, 8.41 of the Farm Credit Act (12 U.S.C. 2183, 2243,
2252, 2279aa-11, 2279bb, 2279bb-1, 2279bb-2, 2279bb-3, 2279bb-4,
2279bb-5, 2279bb-6, 2279cc); sec. 514 of Pub. L. 102-552, 106 Stat.
4102; sec. 118 of Pub. L. 104-105, 110 Stat. 168.
Subpart B--Risk-Based Capital Requirements
2. Amend Sec. 652.65 by redesignating paragraph (b)(5) as new
paragraph (b)(6) and adding a new paragraph (b)(5) to read as follows:
Sec. 652.65 Risk-based capital stress test.
* * * * *
(b) * * *
(5) You will further adjust losses for loans that collateralize the
general obligation of Off-Balance Sheet AgVantage volume, and for loans
where the program loan counterparty retains a subordinated interest in
accordance with Appendix A to this subpart.
* * * * *
3. Amend Sec. 652.85 by revising paragraph (d) to read as follows:
Sec. 652.85 When to report the risk-based capital level.
* * * * *
(d) You must submit your quarterly risk-based capital report for
the last day of the preceding quarter by the earlier of the reporting
deadlines for Securities and Exchange Commission Forms 10-K and 10-Q,
or the 40th day after each of the quarter's ending March 31st, June
30th, and September 30th, and the 75th day after the quarter ending on
December 31st.
4. Appendix A of subpart B, part 652 is amended by:
a. Revising the table of contents;
b. Revising the first and second sentences of section 2.0;
c. Redesignating existing section 2.4 as new section 2.5;
d. Adding a new section 2.4;
e. Revising section 4.1 e.;
f. Revising the last sentence of section 4.2 b.(3) introductory
text;
g. Redesignating existing section 4.2 b.(3)(C) and (D) as new
paragraph (3)(F) and (G);
h. Adding new section 4.2 b. (3)(C), (D), and (E);
i. Revising section 4.4;
j. Revising section 4.5 a.;
k. Removing the word ``unretained'' and adding in its place, the
word
[[Page 52307]]
``retained'' in the ninth sentence of section 4.6 b.
Appendix A--Subpart B of Part 652--Risk-Based Capital Stress Test
1.0 Introduction.
2.0 Credit Risk.
2.1 Loss-Frequency and Loss-Severity Models.
2.2 Loan-Seasoning Adjustment.
2.3 Example Calculation of Dollar Loss on One Loan.
2.4 Treatment of Loans Backed by an Obligation of the Counterparty
and Loans for which Pledged Loan Collateral Volume Exceeds Farmer
Mac-Guaranteed Volume.
2.5 Calculation of Loss Rates for Use in the Stress Test.
3.0 Interest Rate Risk.
3.1 Process for Calculating the Interest Rate Movement.
4.0 Elements Used in Generating Cashflows.
4.1 Data Inputs.
4.2 Assumptions and Relationships.
4.3 Risk Measures.
4.4 Loan and Cashflow Accounts.
4.5 Income Statements.
4.6 Balance Sheets.
4.7 Capital.
5.0 Capital Calculations.
5.1 Method of Calculation.
* * * * *
2.0 Credit Risk.
Loan loss rates are determined by applying the loss-frequency
equation and the loss-severity factor to Farmer Mac loan-level data.
Using this equation and severity factor, you must calculate loan
losses under stressful economic conditions assuming Farmer Mac's
portfolio remains at a ``steady state.'' * * *
* * * * *
2.4 Treatment of Loans Backed by an Obligation of the Counterparty,
and Loans for which Pledged Loan Collateral Volume Exceeds Farmer
Mac-Guaranteed Volume.
You must calculate the age-adjusted loss rates for these loans
that includes adjustments to scale losses according to the
proportion of total submitted collateral to the guaranteed amount as
provided for in the ``Dollar Losses'' column of the transformed
worksheets in the Credit Loss Module based on new data inputs
required in the ``Coefficients'' worksheet of the Credit Loss
Module. Then, you must adjust the calculated loss rates as follows.
a. For loans in which the seller retains a subordinated
interest, subtract from the total estimated age-adjusted dollar
losses on the pool the amount equal to current unpaid principal
times the subordinated interest percentage.
b. Some pools of loans underlying specific transactions could
include loan collateral volume pledged to Farmer Mac in excess of
Farmer Mac's guarantee amount (``overcollateral''). Overcollateral
can be either: (i) Contractually required according to the terms of
the transaction, or (ii) not contractually required, but pledged in
addition to the contractually required amount at the discretion of
the counterparty, often for purposes of administrative convenience
regarding the collateral substitution process, or (iii) both (i) and
(ii).
1. If a pool of loans includes collateral pledged in excess of
the guaranteed amount, you must adjust the age-adjusted, loan-level
dollar losses by a factor equal to the ratio of the guarantee amount
to total submitted collateral. For example, consider a pool of two
loans serving as security for a Farmer Mac guarantee on a note with
a total issuance face value of $2 million and on which the
counterparty has submitted 10-percent overcollateral. The two loans
in the example have the following characteristics and adjustments.
----------------------------------------------------------------------------------------------------------------
Guarantee
Age-adjusted Estimated age- amount scaling Losses
Loan Origination loss rate adjusted adjustment (2/ adjusted for
balance (percent) losses 2.2) overcollateral
(percent)
----------------------------------------------------------------------------------------------------------------
1............................... $1,080,000 7.0 $75,600 90.91 $68,727
2............................... 1,120,000 5.0 56,000 90.91 50,909
----------------------------------------------------------------------------------------------------------------
2. If a pool of loans includes collateral pledged in excess of
the guaranteed amount that is required under the terms of the
transaction, you must further adjust the dollar losses as follows.
Calculate the total losses on the subject portfolio of loans after
age adjustments and any adjustments related to total submitted
overcollateral as described in ``1.'' above. Calculate the total
dollar amount of contractually required overcollateral in the
subject pool. Subtract the total dollars of contractually required
overcollateral from the adjusted total losses on the subject pool.
If the result is less than or equal to zero, input a loss rate of
zero for this transaction pool in the Data Inputs worksheet of the
RBCST. A new category must be created for each such transaction in
the RBCST. If the loss rate after subtracting contractually required
overcollateral is greater than zero, proceed to additional
adjustment for the risk-reducing effects of the counterparty's
general obligation described in ``3.'' below.
3. Loans with a positive loss estimate remaining after
adjustments in ``1.'' and ``2.'' above, are further adjusted for the
security provided by the general obligation of the counterparty. To
make this adjustment, multiply the estimated dollar losses remaining
after adjustments in ``1.'' and ``2.'' above by the appropriate
general obligation adjustment factor based on the counterparty's
whole-letter issuer credit rating by a nationally recognized
statistical rating organization (NRSRO).
The following table sets forth the general obligation adjustment
factors and their components by whole-letter credit rating
(Adjustment Factor = Default Rate x Severity Rate).\15\
---------------------------------------------------------------------------
\15\ Hamilton, D., Ou S., Kim R., Cantor R., ``Corporate Default
and Recovery Rates, 1920-2006,'' published by Moody's Investors
Service, February 2007--the most recent edition as of April 2007;
Default Rates, page 22, Recovery Rates (Severity Rate = 1 minus
Senior Unsecured Average Recovery Rate) page 18.
----------------------------------------------------------------------------------------------------------------
General
obligation
Whole-letter rating Default rate Severity rate adjustment
(percent) (percent) factor
(percent)
----------------------------------------------------------------------------------------------------------------
AAA............................................................. 0.89 55 0.49
AA.............................................................. 2.31 55 1.26
A............................................................... 2.90 55 1.58
BBB............................................................. 7.29 55 3.98
Below BBB and Unrated........................................... 27.39 55 15.16
----------------------------------------------------------------------------------------------------------------
The adjustment factors will be updated annually as Moody's
annual report on Default and Recovery Rates of Corporate Bond
Issuers becomes available, normally in January or February of each
year. In the event that there is an interruption of Moody's
[[Page 52308]]
publication of this annual report, or FCA determines that the format
of the report has changed enough to prevent or call into question
the identification of updated factors, the prior year's factors will
remain in effect until FCA revises the process through rulemaking.
4. Continuing the previous example, the pool contains two loans
on which Farmer Mac is guaranteeing a total of $2 million and with
total submitted collateral of 110 percent of the guaranteed amount.
Of the 10-percent total overcollateral, 5 percent is contractually
required under the terms of the transaction. The pool consists of
two loans of slightly over $1 million. Total overcollateral is
$200,000, of which $100,000 is contractually required. The
counterparty has a single ``A'' credit rating, and after adjusting
for contractually required overcollateral, estimated losses are
greater than zero. The net loss rate is calculated as described in
the steps in the table below.
------------------------------------------------------------------------
Loan A Loan B
------------------------------------------------------------------------
1........... Guaranteed Volume....... $2,000,000
2........... Origination Balance of 2- $1,080,000 $1,120,000
Loan Portfolio.
3........... Age-adjusted Loss Rate.. 7% 5%
4........... Estimated Age-adjusted $75,600 $56,000
Losses.
5........... Guarantee Volume Scaling 90.91% 90.91%
Factor.
6........... Losses Adjusted for $68,727 $50,909
Total Overcollateral.
7........... Contractually required $100,000
Overcollateral on Pool
(5%).
8........... Net Losses on Pool $19,636
Adjusted for
Contractually Required
Overcollateral.
9........... General Obligation 1.58%
Adjustment Factor for
``A'' Issuer.
10.......... Losses Adjusted for $310
``A'' General
Obligation.
11.......... Loss Rate Input in the 0.02%
RBCST for this Pool.
------------------------------------------------------------------------
The net, fully adjusted losses are distributed over time on a
straight-line basis. When a transaction reaches maturity within the
10-year modeling horizon, the losses are distributed on a
straightline over a timepath that ends in the year of the
transaction's maturity.
* * * * *
4.1 Data Inputs.
* * * * *
e. Weighted Haircuts for Non-Program Investments. For non-
program investments, the stress test adjusts the weighted average
yield data referenced in section 4.1 b. to reflect counterparty
risk. Non-program investments are defined in Sec. 652.5. The
Corporation must calculate the haircut to be applied to each
investment based on the lowest whole-letter credit rating the
investment received from a NRSRO using the haircut levels in the
following two tables. The first table provides the mappings of NRSRO
ratings to whole-letter ratings for purposes of applying haircuts.
Any ``+'' or ``-'' signs appended to NRSRO ratings that are not
shown in the table should be ignored for purposes of mapping NRSRO
ratings to FCA whole-letter ratings. The second table provides the
haircut levels by whole-letter rating category.
FCA Whole-Letter Credit Ratings Mapped to Rating Agency Credit Ratings
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
FCA Ratings Category.......... AAA........... AA............ A............. BBB........... Below BBB and
Unrated.
Standard & Poor's Long-Term... AAA........... AA............ A............. BBB........... Below BBB and
Unrated.
Fitch Long-Term............... AAA........... AA............ A............. BBB........... Below BBB and
Unrated.
Moody's Long-Term............. Aaa........... Aa............ A............. Baa........... Below Baa and
Unrated.
Standard & Poor's Short-Term.. A-1+.......... A-1........... A-2........... A-3........... SP-3, B, or
SP-1+......... SP-1.......... SP-2.......... Below and
Unrated.
Fitch Short-Term.............. F-1+.......... F-1........... F-2........... F-3........... Below F-3 and
Unrated.
Moody's....................... Prime-1....... Prime-2....... Prime-3....... Not Prime, SG
MIG1.......... MIG2.......... MIG3.......... and Unrated.
VMIG1......... VMIG2......... VMIG3.........
Fitch Bank Ratings............ A............. B............. C............. D............. E
A/B........... B/C........... C/D........... D/E.
Moody's Bank Financial A............. B............. C............. D............. E.
Strength Rating.
----------------------------------------------------------------------------------------------------------------
FARMER MAC RBCST Maximum Haircut by Ratings Classification
------------------------------------------------------------------------
Non-program
investment
counterparties
Ratings classification (excluding
derivatives)
(percent)
------------------------------------------------------------------------
Cash.................................................... 0.00
AAA..................................................... 0.49
AA...................................................... 1.26
A....................................................... 1.58
BBB..................................................... 3.98
Below BBB and Unrated................................... 15.16
------------------------------------------------------------------------
Certain special cases will receive the following treatment. For an
investment structured as a collateralized obligation backed by the
issuer's general obligation and, in turn, a pool of collateral,
reference the Issuer Rating or Financial Strength Rating of that
issuer as the credit rating applicable to the security. Unrated
securities that are fully guaranteed by Government-sponsored
enterprises (GSE) such as the Federal National Mortgage Corporation
(Fannie Mae) will receive the same treatment as AAA securities.
Unrated securities backed by the full faith and credit of the U.S.
Government will not receive a haircut.
If FCA approves the purchase of an unrated investment, and
portions of that investment are later sold by Farmer Mac according
to their specific risk characteristics, the Director will take
reasonable measures to adjust the haircut level applied to the
investment to recognize the change in the risk characteristics of
the retained portion. The Director will consider similar methods for
dealing with capital requirements adopted by other Federal financial
institution regulators in similar situations.
Individual investment haircuts must then be aggregated into
weighted-average haircuts by investment category and submitted in
the ``Data Inputs'' worksheet. The spreadsheet uses these inputs to
reduce the weighted-average yield on the investment category to
account for counterparty insolvency according to a 10-year linear
phase-in of the haircuts. Each asset account category identified in
this data requirement is discussed in section 4.2, ``Assumptions and
Relationships.''
* * * * *
4.2 Assumptions and Relationships
* * * * *
b. * * *
(3) Elements related to income and expense assumptions. * * *
These parameters are the gain on agricultural mortgage-backed
securities (AMBS) sales, miscellaneous income, operating expenses,
reserve
[[Page 52309]]
requirement, guarantee fees and loan loss resolution timing.
* * * * *
(C) The stress test assumes that short-term cost of funds is
incurred in relation to the amount of defaulting loans purchased
from off-balance sheet pools. The remaining unpaid principal balance
on this loan volume is the origination amount reduced by the
proportion of the total portfolio that has amortized as of the end
of the most recent quarter. This volume is assumed to be funded at
the short-term cost of funds and this expense continues for a period
equal to the loan loss resolution timing period (LLRT) period minus
1. We will calculate the LLRT period from Farmer Mac data. In
addition, during the LLRT period, all guarantee income associated
with the loan volume ceases.
(D) The stress test generates no interest income on the
estimated volume of defaulted on-balance sheet loan volume required
to be carried during the LLRT period, but continues to accrue
funding costs during the remainder of the LLRT period.
(E) You must update the LLRT period in response to changes in
the Corporation's actual experience with each quarterly submission.
* * * * *
4.4 Loan and Cashflow Accounts
The worksheet labeled ``Loan and Cashflow Data'' contains the
categorized loan data and cashflow accounting relationships that are
used in the stress test to generate projections of Farmer Mac's
performance and condition. As can be seen in the worksheet, the
steady-state formulation results in account balances that remain
constant except for the effects of discontinued programs, maturing
Off-Balance Sheet AgVantage positions, and the LLRT adjustment. For
assets with maturities under 1 year, the results are reported for
convenience as though they matured only one time per year with the
additional convention that the earnings/cost rates are annualized.
For the pre-1996 Act assets, maturing balances are added back to
post-19