Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Notices 15143 

Act Modernization Act of 2010 

(GPRAMA) requires that an agency’s 

strategic plan be updated for submission 

to the Congress and the President every 

four years. The NRC has developed an 

updated strategic plan for FY 2008–2013 

to replace the agency’s existing strategic 

plan. 

The NRC published the draft strategic 

plan for FY 2012–2016 in the Federal 

Register for public comment on October 

4, 2011 (76 FR 61402). NRC’s Senior 

Management reviewed and considered 

all comments before updating the 

strategic plan. A comment resolution 

matrix is under ADAMS Accession No 

ML12038A002 reflecting the disposition 

of the comments received by the NRC 

will be posted on the NRC’s Web site 

(www.nrc.gov), along with the updated 

strategic plan. 

During the review process, the NRC 

decided to issue the plan as an update 

to the existing FY 2008–2013 strategic 

plan that was published in February 

2008. This was due to the fact that there 

have been no substantial changes in the 

agency’s mission and goals. However, to 

comply with the requirements of 

GPRAMA, the NRC is issuing an 

updated strategic plan. The updated 

strategic plan also takes into 

consideration the events that have 

occurred since the publication of the 

previous plan. 

The NRC’s updated FY 2008–2013 

strategic plan describes the agency’s 

mission and strategic goals, which 

remain unchanged. The NRC’s priorities 

continue to be, as always, to ensure the 

adequate protection of public health and 

safety, promote the common defense 

and security, and protect the 

environment. 

The updated strategic plan reflects the 

agency’s Safety and Security goals, and 

their associated strategic outcomes. This 

focus on Safety and Security ensures 

that the NRC remains a strong, 

independent, stable, and effective 

regulator. 

The updated strategic plan also 

describes the agency’s Organizational 

Excellence strategies of Openness, 

Effectiveness, and Operational 

Excellence, which characterize the 

manner in which the agency intends to 

achieve its mission. The plan 

establishes the agency’s long-term 

strategic direction and outcomes, and 

provides a foundation to guide the 

NRC’s work and to allocate the NRC’s 

resources. 

Stakeholder feedback has been 

valuable in helping the Commission 

develop an updated plan that has the 

benefit of the many views in the 

regulated civilian nuclear industry. 

Dated at Rockville, Maryland, this 1st day 

of March, 2012. 

For the U.S. Nuclear Regulatory 

Commission. 

Jennifer Golder, 

Director, Office of the Chief Financial Officer. 

[FR Doc. 2012–6152 Filed 3–13–12; 8:45 am] 

BILLING CODE 7590–01–P 

RECOVERY ACCOUNTABILITY AND 

TRANSPARENCY BOARD 

[Doc. No. 12–002] 

Privacy Act of 1974; System of 

Records 

AGENCY: Recovery Accountability and 

Transparency Board. 

ACTION: Notice of amendment to existing 

Privacy Act system of records. 

SUMMARY: The Recovery Accountability 

and Transparency Board (Board) is 

issuing public notice of its intent to 

amend a system of records that it 

maintains subject to the Privacy Act of 

1974 (5 U.S.C. 552a), as amended; 

specifically, RATB–11 entitled ‘‘RATB 

Investigative Files’’ is being amended to 

reflect legislation expanding the 

purview of the Board’s responsibilities, 

see e.g., Consolidated Appropriations 

Act of 2012, Public Law 112–74, § 528, 

125 Stat. 786, 920 (2011); and Education 

Jobs Fund, Public Law 111–226, § 101, 

124 Stat. 2389 (2010). Accordingly, the 

Board is making substantive 

amendments to its system notice to 

include: amended categories of 

individuals covered by the system, 

amended categories of records in the 

system, additional authorities for 

maintenance of the system, amended 

purposes, a new routine use, and 

amended record source categories. In 

addition, the Board is renaming the 

system as RATB–11–Oversight Support 

as well as clarifying the security 

classification, system location, storage, 

retrievability, safeguards, retention and 

disposal, and system manager. The 

amended system of records reads as 

follows: 

RATB—11 

SYSTEM NAME: 

Oversight Support. 

SECURITY CLASSIFICATION: 

The majority of the information in the 

system is Controlled Unclassified 

Information. 

SYSTEM LOCATION: 

The principal location of the system 

is the Recovery Accountability and 

Transparency Board, 1717 Pennsylvania 

Avenue NW., Suite 700, Washington, 

DC 20006. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

This system contains records on 

individuals who relate to official Board 

efforts undertaken in support of: (1) 

Coordinating and conducting oversight 

of American Recovery and 

Reinvestment Act of 2009, Public Law 

111–5, §§ 1521, 1523(a)(1), 123 Stat. 

115, 289–90 (2009) (Recovery Act), and 

Education Jobs Fund, Public Law 111– 

226, § 101, 124 Stat. 2389 (2010), funds 

to prevent and detect fraud, waste, and 

abuse; and (2) developing and testing 

technology resources and oversight 

mechanisms to detect and remediate 

fraud, waste, and abuse in federal 

spending as authorized by the 

Consolidated Appropriations Act of 

2012, Public Law 112–74, § 528, 125 

Stat. 786, 920 (2011) (Appropriations 

Act). These individuals include: 

(a) Individuals who are or have been 

the subject of investigations or inquiries 

indentified by or submitted to the 

Board; 

(b) Individuals who are or have been 

witnesses, complainants, or informants 

in investigations or inquiries identified 

by or submitted to the Board; 

(c) Individuals who are or have been 

potential subjects or parties to an 

investigation or inquiry identified by or 

submitted to the Board; and 

(d) Individuals who are or have been 

related to entities or individuals that are 

or have been a subject of, potential 

subject of, or party to an investigation or 

inquiry identified by or submitted to the 

Board. 

The system also contains records 

concerning individuals in their 

entrepreneurial capacity, corporations, 

and other business entities. These 

records are not subject to the Privacy 

Act of 1974 (5 U.S.C. 552a), as amended. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Information relating to investigations 

and inquiries identified by or submitted 

to the Board, including: 

(a) Letters, memoranda, and other 

documents describing complaints, 

derogatory information, or alleged 

criminal, civil, or administrative 

misconduct; and 

(b) General intelligence and relevant 

data, leads for Inspectors General (or 

other applicable oversight and law 

enforcement entities), reports of 

investigations and related exhibits, 

statements and affidavits, and records 

obtained during an investigation or 

inquiry. 


srobinson on DSK4SPTVN1PROD with NOTICES
15144 Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Notices 

AUTHORITY FOR MAINTENANCE OF SYSTEM: 

The Recovery Act established the 

Board to coordinate and conduct 

oversight of Recovery Act funds to 

prevent fraud, waste, and abuse. 

Recovery Act, §§ 1521, 1523(a)(1). The 

Education Jobs Fund requires, among 

other things, that the funds appropriated 

thereunder be subject to the same 

accountability and transparency terms 

and conditions as Recovery Act funds. 

Education Jobs Fund, § 101. The 

Appropriations Act authorizes the 

Board to develop and test information 

technology resources and oversight 

mechanisms to detect and remediate 

waste, fraud, and abuse in federal 

spending. Appropriations Act, § 528. 

PURPOSE(S): 

The purpose of this system of records 

is to enable the Board to carry out its 

responsibilities under applicable law, 

including but not necessarily limited to 

the Recovery Act, the Education Jobs 

Fund, and the Appropriations Act. 

Information collected in this system will 

assist the Board in its effort to 

coordinate with others and conduct 

oversight to detect and prevent fraud, 

waste, and abuse of Recovery Act and 

Education Jobs Fund funds. In addition, 

the information collected will assist the 

Board in developing and testing 

information technology resources and 

oversight mechanisms to enhance 

transparency of and detect and 

remediate waste, fraud, and abuse in all 

federal spending for use by the Board 

and other federal agencies and entities. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

In addition to those disclosures 

generally permitted under the Privacy 

Act (5 U.S.C. 552a(b)), the records or 

information contained in this system of 

records may specifically be disclosed 

outside the Board as a routine use 

pursuant to the Privacy Act (5 U.S.C. 

552a(b)(3)) as follows: 

A. To the appropriate federal, state, 

local, or tribal agency responsible for 

investigating, prosecuting, enforcing, or 

implementing a statute, rule, regulation, 

or order, if the information is relevant 

to a violation or potential violation of 

civil or criminal law or regulation 

within the jurisdiction of the receiving 

entity. 

B. To any individual or entity when 

necessary to elicit information that will 

assist in a Board review or audit. 

C. To appropriate officials and 

employees of a federal agency or entity 

that require information relevant to a 

decision concerning the hiring, 

appointment, or retention of an 

individual; the issuance, renewal, 

suspension, or revocation of a security 

clearance; or the execution of a security 

or suitability investigation. 

D. To provide responses to queries 

from federal agencies and entities, 

including but not limited to regulatory 

and law enforcement agencies, 

regarding federal fund recipients, 

subrecipients, or vendors, or those 

seeking federal funds, when the 

information is relevant to a 

determination related to or arising out of 

a past, present or prospective (i) 

contract or (ii) grant or other benefit. 

E. To a Member of Congress or staff 

acting upon the Member’s behalf when 

the Member or staff requests the 

information on behalf of, and at the 

request of, the individual who is the 

subject of the record. 

F. Information may be disclosed to the 

Department of Justice (DOJ), or in a 

proceeding before a court, adjudicative 

body, or other administrative body 

before which the Board is authorized to 

appear, when: 

1. The Board, or any component 

thereof; or 

2. Any employee of the Board in his 

or her official capacity; or 

3. Any employee of the Board in his 

or her individual capacity where the 

DOJ or the Board has agreed to represent 

the employee; or 

4. The United States, if the Board 

determines that litigation is likely to 

affect the Board or any of its 

components, is a party to litigation or 

has an interest in such litigation, and 

the use of such records by the DOJ or 

the Board is deemed by the Board to be 

relevant and necessary to the litigation, 

provided, however, that in each case it 

has been determined that the disclosure 

is compatible with the purpose for 

which the records were collected. 

G. Information may be disclosed to 

the National Archives and Records 

Administration in records management 

inspections. 

H. Information may be disclosed to 

contractors, grantees, consultants, or 

volunteers performing or working on a 

contract, service, grant, cooperative 

agreement, job, or other activity for the 

Board and who have a need to access 

the information in the performance of 

their duties or activities for the Board. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

Not applicable. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Information in this system is stored 

electronically on a digital storage device 

and as hard copy files within locked 

containers. All record storage 

procedures are in accordance with 

current applicable regulations. 

RETRIEVABILITY: 

Records are retrievable by database 

management systems software designed 

to retrieve data elements based upon 

role-based user access privileges. 

Records may be retrieved by personal 

identifiers such as, but not limited to, 

name, social security number, date of 

birth, or telephone number. Records 

may also be retrieved by non-personal 

information such as file number, entity/ 

institution name, subject matter, agency 

involved, or other information. 

SAFEGUARDS: 

The Board has minimized the risk of 

unauthorized access to the system by 

establishing a secure environment for 

exchanging electronic information. 

Physical access uses a defense in-depth 

approach restricting access at each layer 

closest to where the actual system 

resides. The entire complex is patrolled 

by security during non-business hours. 

Physical access to the data system 

housed within the facility is controlled 

by a computerized badge-reading 

system. Multiple levels of security are 

maintained via dual factor 

authentication for access using 

biometrics. The computer system offers 

a high degree of resistance to tampering 

and circumvention. This system limits 

data access to Board and contract staff 

on a need-to-know basis, and controls 

individuals’ ability to access and alter 

records within the system. All users of 

the system of records are given a unique 

user identification (ID) with personal 

identifiers, and those user IDs are 

consistent with the above referenced 

role-based access privileges to maintain 

proper security of law enforcement and 

any other sensitive information. All 

interactions between the system and the 

authorized individual users are 

recorded. 

RETENTION AND DISPOSAL: 

Board personnel will review records 

on a periodic basis to determine 

whether they should be retained or 

modified. Further, the Board will retain 

and dispose of these records in 

accordance with Board Records Control 

Schedules approved by the National 

Archives and Records Administration. 

SYSTEM MANAGER AND ADDRESS: 

Michael Wood, Executive Director, 

Recovery Accountability and 

Transparency Board, 1717 Pennsylvania 

Avenue NW., Suite 700, Washington, 

DC 20006. 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Notices 15145 

1Section 2(a)(48) defines a BDC to be any closedend investment company that operates for the 

purpose of making investments in securities 

described in sections 55(a)(1) through 55(a)(3) of the 

Act, makes available significant managerial 

assistance with respect to the issuers of such 

securities, and has elected to be subject to the 

provisions of sections 55 through 65 of the Act. 

NOTIFICATION PROCEDURE: 

Address inquiries to the System 

Manager listed above. 

RECORD ACCESS PROCEDURES: 

The major part of this system is 

exempt from this requirement pursuant 

to 5 U.S.C. 552a(j)(2) and (k)(2). To the 

extent that this system is not subject to 

exemption, it is subject to access. A 

determination as to exemption shall be 

made at the time a request for access is 

received. A request for access to records 

contained in this system shall be made 

in writing, with the envelope and the 

letter clearly marked ‘‘Privacy Access 

Request.’’ Include in the request the full 

name of the individual involved, his or 

her current address, date and place of 

birth, notarized signature (or submitted 

with date and signature under penalty 

of perjury), and any other identifying 

number or information which may be of 

assistance in locating the record. The 

requester shall also provide a return 

address for transmitting the information. 

Access requests shall be directed to the 

System Manager listed above. 

CONTESTING RECORDS PROCEDURES: 

Requesters shall direct their request to 

the System Manager listed above, stating 

clearly and concisely what information 

is being contested, the reason for 

contesting it, and the proposed 

amendment to the information. 

RECORD SOURCE CATEGORIES: 

The subjects of investigations and 

inquiries; individuals and entities with 

which the subjects of investigations and 

inquiries are associated; federal, state, 

local, and foreign law enforcement and 

non-law enforcement agencies and 

entities; private citizens; witnesses; 

informants; and public and/or 

commercially available source 

materials. 

ADDRESSES: Comments may be 

submitted: 

By Mail or Hand Delivery: Atticus 

Reaser, Office of General Counsel, 

Recovery Accountability and 

Transparency Board, 1717 Pennsylvania 

Avenue NW., Suite 700, Washington, 

DC 20006; 

By Fax: (202) 254–7970; or 

By Email to the Board: 

comments@ratb.gov. 

All comments on the proposed 

amended systems of records should be 

clearly identified as such. 

FOR FURTHER INFORMATION CONTACT: 

Atticus Reaser, Acting General Counsel, 

Recovery Accountability and 

Transparency Board, 1717 Pennsylvania 

Avenue NW., Suite 700, Washington, 

DC 20006, (202) 254–7900. 

SUPPLEMENTARY INFORMATION: Title 

5 U.S.C. 552a(e)(4) and (11) provide that 

the public be given a 30-day period in 

which to comment on any new routine 

use of a system of records. The Office 

of Management and Budget (OMB), 

which has oversight responsibilities 

under the Act, requires a 40-day period 

in which to conclude its review. 

Therefore, please submit any comments 

by April 23, 2012. 

In accordance with 5 U.S.C. 552a(r), 

the Board has provided a report to OMB 

and the Congress on the proposed 

systems of records. 

Ivan J. Flores, 

Paralegal Specialist, Recovery Accountability 

and Transparency Board. 

[FR Doc. 2012–6103 Filed 3–13–12; 8:45 am] 

BILLING CODE 6821–15–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Investment Company Act Release No. 

29977; File No. 812–13847] 

Ares Capital Corporation et al.; Notice 

of Application 

March 9, 2012. 

AGENCY: Securities and Exchange 

Commission (‘‘Commission’’). 

ACTION: Notice of application for an 

order under section 6(c) of the 

Investment Company Act of 1940 (the 

‘‘Act’’) for an exemption from section 

12(d)(3) of the Act. 

Applicants: Ares Capital Corporation 

(the ‘‘Company’’), Ares Capital 

Management LLC (‘‘ACM’’) and Ivy Hill 

Asset Management, L.P. (‘‘Ivy Hill’’). 

SUMMARY: Summary of Application: 

Applicants request an order (‘‘Order’’) to 

permit the Company to (a) continue to 

own (directly or indirectly) up to 100% 

of the outstanding equity interests of Ivy 

Hill and (b) make additional 

investments in Ivy Hill, in each case, 

following such time as Ivy Hill is 

required to become a registered 

investment adviser under the 

Investment Advisers Act of 1940 

(‘‘Advisers Act’’). 

DATES: Filing Dates: The application was 

filed on November 16, 2010, and 

amended on June 27, 2011, December 

29, 2011, March 7, 2012, and March 9, 

2012. 

Hearing or Notification of Hearing: An 

order granting the requested relief will 

be issued unless the Commission orders 

a hearing. Interested persons may 

request a hearing by writing to the 

Commission’s Secretary and serving 

applicants with a copy of the request, 

personally or by mail. Hearing requests 

should be received by the Commission 

by 5:30 p.m. on March 29, 2012, and 

should be accompanied by proof of 

service on applicants, in the form of an 

affidavit or, for lawyers, a certificate of 

service. Hearing requests should state 

the nature of the writer’s interest, the 

reason for the request, and the issues 

contested. Persons who wish to be 

notified of a hearing may request 

notification by writing to the 

Commission’s Secretary. 

ADDRESSES: Elizabeth M. Murphy, 

Secretary, U.S. Securities and Exchange 

Commission, 100 F Street NE., 

Washington, DC, 20549–1090. 

Applicants, Ares Capital Corporation, 

Ares Capital Management LLC and Ivy 

Hill Asset Management, L.P., 245 Park 

Avenue, 44th Floor, New York, NY 

10167. 

FOR FURTHER INFORMATION CONTACT: 

Laura L. Solomon, Senior Counsel, at 

(202) 551–6915, or Daniele Marchesani, 

Branch Chief, at (202) 551–6821 

(Division of Investment Management, 

Office of Investment Company 

Regulation). 

SUPPLEMENTARY INFORMATION: The 

following is a summary of the 

application. The complete application 

may be obtained via the Commission’s 

Web site by searching for the file 

number, or an applicant using the 

Company name box, at http:// 

www.sec.gov/search/search.htm or by 

calling (202) 551–8090. 

Applicants’ Representations 

1. The Company, a Maryland 

corporation, is an externally managed, 

non-diversified, closed-end 

management investment company that 

has elected to be regulated as a business 

development company (‘‘BDC’’) under 

the Act.1 Shares of the Company’s 

common stock are traded on The 

NASDAQ Global Select market. 

2. The Company’s business and affairs 

are managed under the direction of a 

nine member board of directors 

(‘‘Board’’), of whom five are not 

considered interested persons of the 

Company within the meaning of section 

2(a)(19) of the Act (the ‘‘Independent 

Directors’’). The Board has delegated 

daily management and investment 

authority to ACM pursuant to an 

investment advisory and management 

agreement between ACM and the 


srobinson on DSK4SPTVN1PROD with NOTICES