69894 Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Notices 

(i) The relevant Adviser will notify 

the Company of the proposed 

transaction at the earliest practical time; 

and 

(ii) TSL Advisers will formulate a 

recommendation as to the proposed 

participation, including the amount of 

the proposed Follow-On Investment, by 

the Company. 

(b) The Company has the right to 

participate in the Follow-On Investment 

to the full extent TSL Advisers deems 

appropriate, and the participating 

Affiliated Funds will be allocated the 

remaining excess amount. 

(c) TSL Advisers will provide its 

written recommendation as to the 

Company’s participation to the Eligible 

Directors, and the Company will 

participate in such Follow-On 

Investment solely to the extent that a 

Required Majority determines that it is 

in the Company’s best interest. 

(d) The acquisition of Follow-On 

Investments as permitted by this 

condition will be considered a CoInvestment Transaction for all purposes 

and subject to the other conditions set 

forth in the application. 

8. The Independent Directors will be 

provided quarterly for review all 

information concerning Potential CoInvestment Transactions and CoInvestment Transactions, including 

investments made by an Affiliated Fund 

that the Company participated in and 

investments made by an Affiliated Fund 

that the Company considered but 

declined to co-invest in, so that the 

Independent Directors may determine 

whether all investments made during 

the preceding quarter, including those 

investments that the Company 

considered but declined to participate 

in, comply with the conditions of the 

Order. In addition, the Independent 

Directors will consider at least annually 

the continued appropriateness for the 

Company of participating in new and 

existing Co-Investment Transactions. 

9. The Company will maintain the 

records required by section 57(f)(3) of 

the Act as if each of the investments 

permitted under these conditions were 

approved by the Required Majority 

under section 57(f). 

10. No Independent Director will also 

be a director, general partner, managing 

member or principal, or otherwise an 

‘‘affiliated person’’ (as defined in the 

Act) of any of the Affiliated Funds. 

11. The expenses, if any, associated 

with acquiring, holding or disposing of 

any securities acquired in a CoInvestment Transaction (including, 

without limitation, the expenses of the 

distribution of any such securities 

registered for sale under the Securities 

Act) will, to the extent not payable by 

the Advisers to Affiliated Funds under 

their respective investment advisory 

agreements with the Affiliated Funds, 

be shared by the Company and the 

Affiliated Funds in proportion to the 

relative amounts of the securities to be 

acquired, held or disposed of, as the 

case may be. 

12. Any transaction fee (including any 

break-up fees or commitment fees but 

excluding broker’s fees contemplated 

section 17(e) or 57(k) of the Act, as 

applicable), received in connection with 

a Co-Investment Transaction will be 

distributed to the Company and the 

Affiliated Funds on a pro rata basis 

based on the amount they invested or 

committed, as the case may be, in such 

Co-Investment Transaction. If any 

transaction fee is to be held by an 

Adviser pending consummation of the 

transaction, the fee will be deposited 

into an account maintained by such 

investment adviser at a bank or banks 

having the qualifications prescribed in 

section 26(a)(1) of the Act, and the 

account will earn a competitive rate of 

interest that will also be divided pro 

rata among the Company and the 

Affiliated Funds based on the amount 

they invest in such Co-Investment 

Transaction. None of the Affiliated 

Funds, Advisers, nor any affiliated 

person of the Company will receive 

additional compensation or 

remuneration of any kind as a result of 

or in connection with a Co-Investment 

Transaction (other than (a) in the case 

of the Company and the Affiliated 

Funds, the pro rata transaction fees 

described above and fees or other 

compensation described in condition 

2(c)(iii)(C); and (b) in the case of the 

Advisers, investment advisory fees paid 

in accordance with the Company’s and 

the Affiliated Funds’ respective 

investment advisory agreements). 

For the Commission, by the Division of 

Investment Management, under delegated 

authority. 

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2014–27696 Filed 11–21–14; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. PA–52; File No. S7–11–14] 

Privacy Act of 1974: Systems of 

Records 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Notice to revise two existing 

systems of records. 

SUMMARY: In accordance with the 

requirements of the Privacy Act of 1974, 

as amended, 5 U.S.C. 552a, the 

Securities and Exchange Commission 

(‘‘Commission’’ or ‘‘SEC’’) proposes to 

revise two existing systems of records, 

‘‘Administrative Proceeding Files (SEC– 

36)’’, last published in the Federal 

Register Volume 62 FR 47884 

(September 11, 1997) and ‘‘Information 

Pertaining or Relevant to SEC Regulated 

Entities and Their Activities’’ (SEC–55), 

last published in the Federal Register 

Volume 75 FR 35853 (June 23, 2010). 

DATES: The proposed system will 

become effective January 5, 2015 unless 

further notice is given. The Commission 

will publish a new notice if the effective 

date is delayed to review comments or 

if changes are made based on comments 

received. To be assured of 

consideration, comments should be 

received on or before December 24, 

2014. 

ADDRESSES: Comments may be 

submitted by any of the following 

methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/

rules/other.shtml); or 

• Send an email to rule-comments@

sec.gov. Please include File Number S7– 

11–14 on the subject line. 

Paper Comments 

Send paper comments in triplicate to 

Brent J. Fields, Secretary, U.S. Securities 

and Exchange Commission, 100 F Street 

NE., Washington, DC 20549–1090. All 

submissions should refer to File 

Number S7–11–14. This file number 

should be included on the subject line 

if email is used. To help process and 

review your comments more efficiently, 

please use only one method. The 

Commission will post all comments on 

the Commission’s Internet Web site 

(http://www.sec.gov/rules/other.shtml). 

Comments are also available for Web 

site viewing and printing in the 

Commission’s Public Reference Room, 

100 F Street NE., Washington, DC 

20549, on official business days 

between the hours of 10:00 a.m. and 

3:00 p.m. All comments received will be 

posted without change; we do not edit 

personal identifying information from 

submissions. You should submit only 

information that you wish to make 

available publicly. 

FOR FURTHER INFORMATION CONTACT: 

Todd Scharf, Acting Chief Privacy 

Officer, Office of Information 

Technology, 202–551–8800. 

SUPPLEMENTARY INFORMATION: 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Notices 69895 

The Commission proposes to revise 

two existing systems of records, 

‘‘Administrative Proceeding Files (SEC– 

36),’’ and ‘‘Information Pertaining or 

Relevant to SEC Regulated Entities and 

Their Activities (SEC–55).’’ 

The Administrative Proceedings Files 

(SEC–36) records are used in any 

proceeding where the federal securities 

laws are in issue or in which the 

Commission, or past or present 

members of its staff, is a party or 

otherwise involved in an official 

capacity. The SEC–36 system of records 

contains records on individuals that are 

involved in administrative proceedings 

before the SEC, including participants, 

witnesses, attorneys, and SEC 

employees. Substantive changes to SEC– 

36 have been made to the following 

sections: (1) Categories of Individuals, to 

clarify specific individuals covered in 

the records; (2) Categories of Records, to 

add specific data elements collected on 

individuals, to include, names, 

addresses, email addresses, telephone 

numbers, and fax numbers; (3) Purpose, 

to state the purpose of the system, 

which was omitted in the last 

publication; (4) Authority for 

Maintenance of the System, to add 

additional regulatory authority 

authorizing the collection of 

information; (5) Routine Uses, to clarify 

categories of users in two routine uses 

located at numbers 2 and 13, to delete 

one routine use previously located at 

number 2, and to expand by seven 

routine uses located at numbers 1, 4, 

and 19–23; and (6) Storage, to expand to 

include electronic media. Additional 

minor administrative changes have been 

made to the Record Source Categories, 

Retrievability and Safeguards sections, 

to clarify internal handling practices for 

the records; and to the Notification, 

Access and Contesting Procedures 

sections, to update the Commission’s 

current address. 

The Information Pertaining or 

Relevant to SEC Regulated Entities and 

Their Activities (SEC–55) records are 

used by SEC personnel in connection 

with their official functions, including 

but not limited to, conducting 

examinations for compliance with 

federal securities law, investigating 

possible violations of federal securities 

laws, and other matters relating to SEC 

regulatory and law enforcement 

functions. Substantive changes to SEC– 

55 have been made to the following 

sections: (1) Name, to clarify the type of 

records in the system; (2) Categories of 

Individuals, to clarify the specific 

individuals covered in the system of 

records; (3) Categories of Records, 

modified to include specific data 

elements collected on individuals, 

name, address, telephone number, and 

email address; and (4) Routine Uses, to 

expand by one new routine use located 

at number 22. Additional minor 

administrative changes have been made 

to the Safeguards section, to clarify 

internal handling practices for the 

records; and to the System Manager(s) 

and Address Section, to update the 

Commission’s current address. 

The Commission has submitted a 

report of the revised systems of records 

to the appropriate Congressional 

Committees and to the Director of the 

Office of Management and Budget 

(‘‘OMB’’) as required by 5 U.S.C. 552a(r) 

(Privacy Act of 1974) and guidelines 

issued by OMB on December 12, 2000 

(65 FR 77677). 

Accordingly, the Commission is 

proposing to revise two existing systems 

of records to read as follows: 

SEC–36 

SYSTEM NAME: 

Administrative Proceeding Files. 

SYSTEM LOCATION: 

Securities and Exchange Commission, 

100 F Street NE., Washington, DC 

20549. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Records are maintained on all 

individuals that are involved in 

administrative proceedings before the 

SEC, including, participants, witnesses, 

attorneys, SEC employees, contractors, 

students, interns, volunteers, affiliates, 

and others working on behalf of the 

SEC. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Records may include the names, 

addresses, email addresses, telephone 

numbers, and fax numbers of 

individuals named as participants; 

witnesses; attorneys; SEC employees 

and others working on behalf of the 

SEC. Additionally, records include 

orders for proceedings, answers, 

motions, responses, orders, offers of 

settlement and other pleadings, 

transcripts of all hearings and 

documents introduced as evidence 

therein; other relevant documents; and 

correspondence relating to proceedings. 

PURPOSE(S): 

The records in this system may be 

utilized in any proceeding where the 

Federal securities laws are in issue or in 

which the Commission or past or 

present members of its staff is a party or 

otherwise involved in an official 

capacity. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

15 U.S.C. 77h(e), 77u, 78v, 78o(b), 

80a–40, and 80b–12; the Commission’s 

Rules of Practice, 17 CFR 201.100–900 

and the Commission’s Rules of Fair 

Fund and Disgorgement Plans, 17 CFR 

201.1100–1106. 

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 5 U.S.C. 

552a(b) of the Privacy Act, these records 

or information contained therein may 

specifically be disclosed outside the 

Commission as a routine use pursuant 

to 5 U.S.C. 552 a(b)(3) as follows: 

1. To appropriate agencies, entities, 

and persons when (a) it is suspected or 

confirmed that the security or 

confidentiality of information in the 

system of records has been 

compromised; (b) the SEC has 

determined that, as a result of the 

suspected or confirmed compromise, 

there is a risk of harm to economic or 

property interests, identity theft or 

fraud, or harm to the security or 

integrity of this system or other systems 

or programs (whether maintained by the 

SEC or another agency or entity) that 

rely upon the compromised 

information; and (c) the disclosure made 

to such agencies, entities, and persons is 

reasonably necessary to assist in 

connection with the SEC’s efforts to 

respond to the suspected or confirmed 

compromise and prevent, minimize, or 

remedy such harm. 

2. To other federal, state, local, or 

foreign law enforcement agencies; 

securities self-regulatory organizations; 

and foreign financial regulatory 

authorities to assist in or coordinate 

regulatory or law enforcement activities 

with the SEC. 

3. To national securities exchanges 

and national securities associations that 

are registered with the SEC, the 

Municipal Securities Rulemaking Board; 

the Securities Investor Protection 

Corporation; the Public Company 

Accounting Oversight Board; the federal 

banking authorities, including, but not 

limited to, the Board of Governors of the 

Federal Reserve System, the 

Comptroller of the Currency, and the 

Federal Deposit Insurance Corporation; 

state securities regulatory agencies or 

organizations; or regulatory authorities 

of a foreign government in connection 

with their regulatory or enforcement 

responsibilities. 

4. By SEC personnel for purposes of 

investigating possible violations of, or to 

conduct investigations authorized by, 

the federal securities laws. 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
69896 Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Notices 

5. In any proceeding where the federal 

securities laws are in issue or in which 

the Commission, or past or present 

members of its staff, is a party or 

otherwise involved in an official 

capacity. 

6. In connection with proceedings by 

the Commission pursuant to Rule 102(e) 

of its Rules of Practice, 17 CFR 

201.102(e). 

7. To a bar association, state 

accountancy board, or other federal, 

state, local, or foreign licensing or 

oversight authority; or professional 

association or self-regulatory authority 

to the extent that it performs similar 

functions (including the Public 

Company Accounting Oversight Board) 

for investigations or possible 

disciplinary action. 

8. To a federal, state, local, tribal, 

foreign, or international agency, if 

necessary to obtain information relevant 

to the SEC’s decision concerning the 

hiring or retention of an employee; the 

issuance of a security clearance; the 

letting of a contract; or the issuance of 

a license, grant, or other benefit. 

9. To a federal, state, local, tribal, 

foreign, or international agency in 

response to its request for information 

concerning the hiring or retention of an 

employee; the issuance of a security 

clearance; the reporting of an 

investigation of an employee; the letting 

of a contract; or the issuance of a 

license, grant, or other benefit by the 

requesting agency, to the extent that the 

information is relevant and necessary to 

the requesting agency’s decision on the 

matter. 

10. To produce summary descriptive 

statistics and analytical studies, as a 

data source for management 

information, in support of the function 

for which the records are collected and 

maintained or for related personnel 

management functions or manpower 

studies; may also be used to respond to 

general requests for statistical 

information (without personal 

identification of individuals) under the 

Freedom of Information Act. 

11. To any trustee, receiver, master, 

special counsel, or other individual or 

entity that is appointed by a court of 

competent jurisdiction, or as a result of 

an agreement between the parties in 

connection with litigation or 

administrative proceedings involving 

allegations of violations of the federal 

securities laws (as defined in section 

3(a)(47) of the Securities Exchange Act 

of 1934, 15 U.S.C. 78c(a)(47)) or 

pursuant to the Commission’s Rules of 

Practice, 17 CFR 201.100–900 or the 

Commission’s Rules of Fair Fund and 

Disgorgement Plans, 17 CFR 201.1100– 

1106, or otherwise, where such trustee, 

receiver, master, special counsel, or 

other individual or entity is specifically 

designated to perform particular 

functions with respect to, or as a result 

of, the pending action or proceeding or 

in connection with the administration 

and enforcement by the Commission of 

the federal securities laws or the 

Commission’s Rules of Practice or the 

Rules of Fair Fund and Disgorgement 

Plans. 

12. To any persons during the course 

of any inquiry, examination, or 

investigation conducted by the SEC’s 

staff, or in connection with civil 

litigation, if the staff has reason to 

believe that the person to whom the 

record is disclosed may have further 

information about the matters related 

therein, and those matters appeared to 

be relevant at the time to the subject 

matter of the inquiry. 

13. To interns, grantees, experts, 

contractors, and others who have been 

engaged by the Commission to assist in 

the performance of a service related to 

this system of records and who need 

access to the records for the purpose of 

assisting the Commission in the efficient 

administration of its programs, 

including by performing clerical, 

stenographic, or data analysis functions, 

or by reproduction of records by 

electronic or other means. Recipients of 

these records shall be required to 

comply with the requirements of the 

Privacy Act of 1974, as amended, 5 

U.S.C. 552a. 

14. In reports published by the 

Commission pursuant to authority 

granted in the federal securities laws (as 

such term is defined in section 3(a)(47) 

of the Securities Exchange Act of 1934, 

15 U.S.C. 78c(a)(47)), which authority 

shall include, but not be limited to, 

section 21(a) of the Securities Exchange 

Act of 1934, 15 U.S.C. 78u(a)). 

15. To members of advisory 

committees that are created by the 

Commission or by Congress to render 

advice and recommendations to the 

Commission or to Congress, to be used 

solely in connection with their official 

designated functions. 

16. To any person who is or has 

agreed to be subject to the Commission’s 

Rules of Conduct, 17 CFR 200.735–1 to 

200.735–18, and who assists in the 

investigation by the Commission of 

possible violations of the federal 

securities laws (as such term is defined 

in section 3(a)(47) of the Securities 

Exchange Act of 1934, 15 U.S.C. 

78c(a)(47)), in the preparation or 

conduct of enforcement actions brought 

by the Commission for such violations, 

or otherwise in connection with the 

Commission’s enforcement or regulatory 

functions under the federal securities 

laws. 

17. To a Congressional office from the 

record of an individual in response to 

an inquiry from the Congressional office 

made at the request of that individual. 

18. To members of Congress, the press 

and the public in response to inquiries 

relating to particular Registrants and 

their activities, and other matters under 

the Commission’s jurisdiction. In 

matters involving public proceedings, 

most of the records are available to the 

public. 

19. To prepare and publish 

information relating to violations of the 

federal securities laws as provided in 15 

U.S.C. 78c(a)(47), as amended. 

20. To respond to subpoenas in any 

litigation or other proceeding. 

21. To a trustee in bankruptcy. 

22. To members of Congress, the 

General Accountability Office, or others 

charged with monitoring the work of the 

Commission or conducting records 

management inspections. 

23. To any governmental agency, 

governmental or private collection 

agent, consumer reporting agency or 

commercial reporting agency, 

governmental or private employer of a 

debtor, or any other person, for 

collection, including collection by 

administrative offset, federal salary 

offset, tax refund offset, or 

administrative wage garnishment, of 

amounts owed as a result of 

Commission civil or administrative 

proceedings. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records are maintained in electronic 

and paper format. Electronic records are 

stored in computerized databases and/or 

electronic storage devices. Paper records 

and records on electronic storage 

devices may be stored in locked file 

rooms and/or file cabinets and/or 

secured buildings. 

RETRIEVABILITY: 

Records are retrievable by party name, 

case name and/or commission file 

number through searchable databases. 

In some instances records may be 

retrieved by email address. 

SAFEGUARDS: 

Access to SEC facilities, data centers, 

and information or information systems 

is limited to authorized personnel with 

official duties requiring access. SEC 

facilities are equipped with security 

cameras and 24-hour security guard 

service. The records are kept in limited 

access areas during duty hours and 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Notices 69897 

secured areas at all other times. 

Computerized records are safeguarded 

in secured, encrypted environment. 

Security protocols meet the 

promulgating guidance as established by 

the National Institute of Standards and 

Technology (NIST) Security Standards 

from Access Control to Data Encryption, 

and Security Assessment & 

Authorization (SA&A). Records will be 

maintained in a secure, passwordprotected electronic system that will 

utilize commensurate safeguards that 

may include: Firewalls, intrusion 

detection and prevention systems, and 

role-based access controls. Additional 

safeguards will vary by program. All 

records are protected from unauthorized 

access through appropriate 

administrative, operational, and 

technical safeguards. These safeguards 

include: Restricting access to authorized 

personnel who have a ‘‘need to know’’; 

using locks; and password protection 

identification features. Contractors and 

other recipients providing services to 

the Commission shall be required to 

maintain equivalent safeguards. 

RETENTION AND DISPOSAL: 

These records will be maintained 

until they become inactive, at which 

time they will be retired or destroyed in 

accordance with records schedules of 

the United States Securities and 

Exchange Commission and as approved 

by the National Archives and Records 

Administration 

SYSTEM MANAGER(S) AND ADDRESS: 

Secretary, Office of the Secretary, 

Securities and Exchange Commission, 

100 F Street NE., Washington, DC 

20549–1091. 

NOTIFICATION PROCEDURE: 

All requests to determine whether this 

system of records contains a record 

pertaining to the requesting individual 

may be directed to the FOIA/PA Officer, 

Securities and Exchange Commission, 

100 F Street NE., Washington, DC 

20549–2736. 

RECORD ACCESS PROCEDURES: 

Persons wishing to obtain information 

on the procedures for gaining access to 

or contesting the contents of these 

records may contact the FOIA/PA 

Officer, Securities and Exchange 

Commission, 100 F Street NE., 

Washington, DC 20549–2736. 

CONTESTING RECORD PROCEDURES: 

See Record access procedures above. 

RECORD SOURCE CATEGORIES: 

Records are obtained from any person 

named as a respondent in an order 

instituting proceedings, any applicant 

named in the caption of any order, 

persons entitled to notice in any 

proceeding, any person seeking 

Commission review of a decision, any 

person representing a party in a 

proceeding and/or SEC personnel from 

a division or office assigned primary 

responsibility by the Commission to 

participate in a particular proceeding. 

Additionally, information may be 

obtained from any papers filed with the 

Commission in connection with a 

proceeding and internal Commission 

files. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

SEC–55 

SYSTEM NAME: 

Information Pertaining or Relevant to 

SEC Regulated Entities and Their 

Activities. 

SYSTEM LOCATION: 

Securities and Exchange Commission, 

100 F Street NE., Washington, DC 

20549. Records also are maintained in 

the SEC Regional Offices. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Records concern individuals 

associated with entities or persons that 

are regulated by the SEC to include 

broker-dealers, investment advisers, 

investment companies, self-regulatory 

organizations, clearing agencies, 

nationally recognized statistical rating 

organizations, transfer agents, municipal 

securities dealers, municipal advisors, 

security-based swap dealers, securitybased swap data repositories, major 

security-based swap participants, 

security-based swap execution facilities, 

and funding portals (individually, a 

‘‘Regulated Entity;’’ collectively, 

‘‘Regulated Entities’’). Records may also 

concern persons, directly or indirectly, 

with whom Regulated Entities or their 

affiliates have client relations or 

business arrangements. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Records may contain Regulated 

Entities’ and their associated persons’ 

names, addresses, telephone numbers 

and email addresses. Additionally, there 

may be information relating to the 

business activities and transactions of 

Regulated Entities and their associated 

persons, as well as their compliance 

with provisions of the federal securities 

laws and with other applicable rules. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

15 U.S.C. 78a et seq., 80a–1 et seq., 

and 80b–1 et seq. 

PURPOSE(S): 

1. For use by authorized SEC 

personnel in connection with their 

official functions including, but not 

limited to, conducting examinations for 

compliance with federal securities laws, 

investigations into possible violations of 

the federal securities laws, and other 

matters relating to the SEC’s regulatory 

and law enforcement functions. 

2. To maintain continuity within the 

SEC as to each Regulated Entity and to 

provide SEC staff with the background 

and results of earlier examinations of 

Regulated Entities, as well as an insight 

into current industry practices or 

possible regulatory compliance issues. 

3. To conduct lawful relational 

searches or analysis or filtering of data 

in matters relating to the SEC’s 

examination, regulatory or law 

enforcement functions. 

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 5 U.S.C. 

552a(b) of the Privacy Act, these records 

or information contained therein may 

specifically be disclosed outside the 

Commission as a routine use pursuant 

to 5 U.S.C. 552a(b)(3) as follows: 

1. To appropriate agencies, entities, 

and persons when (a) it is suspected or 

confirmed that the security or 

confidentiality of information in the 

system of records has been 

compromised; (b) the SEC has 

determined that, as a result of the 

suspected or confirmed compromise, 

there is a risk of harm to economic or 

property interests, identity theft or 

fraud, or harm to the security or 

integrity of this system or other systems 

or programs (whether maintained by the 

SEC or another agency or entity) that 

rely upon the compromised 

information; and (c) the disclosure made 

to such agencies, entities, and persons is 

reasonably necessary to assist in 

connection with the SEC’s efforts to 

respond to the suspected or confirmed 

compromise and prevent, minimize, or 

remedy such harm. 

2. To other federal, state, local, or 

foreign law enforcement agencies; 

securities self-regulatory organizations; 

and foreign financial regulatory 

authorities to assist in or coordinate 

regulatory or law enforcement activities 

with the SEC. 

3. To national securities exchanges 

and national securities associations that 

are registered with the SEC, the 

Municipal Securities Rulemaking Board; 

the Securities Investor Protection 

Corporation; the Public Company 

Accounting Oversight Board; the federal 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
69898 Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Notices 

banking authorities, including, but not 

limited to, the Board of Governors of the 

Federal Reserve System, the 

Comptroller of the Currency, and the 

Federal Deposit Insurance Corporation; 

state securities regulatory agencies or 

organizations; or regulatory authorities 

of a foreign government in connection 

with their regulatory or enforcement 

responsibilities. 

4. By SEC personnel for purposes of 

investigating possible violations of, or to 

conduct investigations authorized by, 

the federal securities laws. 

5. In any proceeding where the federal 

securities laws are in issue or in which 

the Commission, or past or present 

members of its staff, is a party or 

otherwise involved in an official 

capacity. 

6. In connection with proceedings by 

the Commission pursuant to Rule 102(e) 

of its Rules of Practice, 17 CFR 

201.102(e). 

7. To a bar association, state 

accountancy board, or other federal, 

state, local, or foreign licensing or 

oversight authority; or professional 

association or self-regulatory authority 

to the extent that it performs similar 

functions (including the Public 

Company Accounting Oversight Board) 

for investigations or possible 

disciplinary action. 

8. To a federal, state, local, tribal, 

foreign, or international agency, if 

necessary to obtain information relevant 

to the SEC’s decision concerning the 

hiring or retention of an employee; the 

issuance of a security clearance; the 

letting of a contract; or the issuance of 

a license, grant, or other benefit. 

9. To a federal, state, local, tribal, 

foreign, or international agency in 

response to its request for information 

concerning the hiring or retention of an 

employee; the issuance of a security 

clearance; the reporting of an 

investigation of an employee; the letting 

of a contract; or the issuance of a 

license, grant, or other benefit by the 

requesting agency, to the extent that the 

information is relevant and necessary to 

the requesting agency’s decision on the 

matter. 

10. To produce summary descriptive 

statistics and analytical studies, as a 

data source for management 

information, in support of the function 

for which the records are collected and 

maintained or for related personnel 

management functions or manpower 

studies; may also be used to respond to 

general requests for statistical 

information (without personal 

identification of individuals) under the 

Freedom of Information Act. 

11. To any trustee, receiver, master, 

special counsel, or other individual or 

entity that is appointed by a court of 

competent jurisdiction, or as a result of 

an agreement between the parties in 

connection with litigation or 

administrative proceedings involving 

allegations of violations of the federal 

securities laws (as defined in section 

3(a)(47) of the Securities Exchange Act 

of 1934, 15 U.S.C. 78c(a)(47)) or 

pursuant to the Commission’s Rules of 

Practice, 17 CFR 201.100–900 or the 

Commission’s Rules of Fair Fund and 

Disgorgement Plans, 17 CFR 201.1100– 

1106, or otherwise, where such trustee, 

receiver, master, special counsel, or 

other individual or entity is specifically 

designated to perform particular 

functions with respect to, or as a result 

of, the pending action or proceeding or 

in connection with the administration 

and enforcement by the Commission of 

the federal securities laws or the 

Commission’s Rules of Practice or the 

Rules of Fair Fund and Disgorgement 

Plans. 

12. To any persons during the course 

of any inquiry, examination, or 

investigation conducted by the SEC’s 

staff, or in connection with civil 

litigation, if the staff has reason to 

believe that the person to whom the 

record is disclosed may have further 

information about the matters related 

therein, and those matters appeared to 

be relevant at the time to the subject 

matter of the inquiry. 

13. To interns, grantees, experts, 

contractors, and others who have been 

engaged by the Commission to assist in 

the performance of a service related to 

this system of records and who need 

access to the records for the purpose of 

assisting the Commission in the efficient 

administration of its programs, 

including by performing clerical, 

stenographic, or data analysis functions, 

or by reproduction of records by 

electronic or other means. Recipients of 

these records shall be required to 

comply with the requirements of the 

Privacy Act of 1974, as amended, 5 

U.S.C. 552a. 

14. In reports published by the 

Commission pursuant to authority 

granted in the federal securities laws (as 

such term is defined in section 3(a)(47) 

of the Securities Exchange Act of 1934, 

15 U.S.C. 78c(a)(47)), which authority 

shall include, but not be limited to, 

section 21(a) of the Securities Exchange 

Act of 1934, 15 U.S.C. 78u(a)). 

15. To members of advisory 

committees that are created by the 

Commission or by Congress to render 

advice and recommendations to the 

Commission or to Congress, to be used 

solely in connection with their official 

designated functions. 

16. To any person who is or has 

agreed to be subject to the Commission’s 

Rules of Conduct, 17 CFR 200.735–1 to 

200.735–18, and who assists in the 

investigation by the Commission of 

possible violations of the federal 

securities laws (as such term is defined 

in section 3(a)(47) of the Securities 

Exchange Act of 1934, 15 U.S.C. 

78c(a)(47)), in the preparation or 

conduct of enforcement actions brought 

by the Commission for such violations, 

or otherwise in connection with the 

Commission’s enforcement or regulatory 

functions under the federal securities 

laws. 

17. To a Congressional office from the 

record of an individual in response to 

an inquiry from the Congressional office 

made at the request of that individual. 

18. To members of Congress, the 

press, and the public in response to 

inquiries relating to particular 

Registrants and their activities, and 

other matters under the Commission’s 

jurisdiction. 

19. To prepare and publish 

information relating to violations of the 

federal securities laws as provided in 15 

U.S.C. 78c(a)(47), as amended. 

20. To respond to subpoenas in any 

litigation or other proceeding. 

21. To a trustee in bankruptcy. 

22. To any governmental agency, 

governmental or private collection 

agent, consumer reporting agency or 

commercial reporting agency, 

governmental or private employer of a 

debtor, or any other person, for 

collection, including collection by 

administrative offset, federal salary 

offset, tax refund offset, or 

administrative wage garnishment, of 

amounts owed as a result of 

Commission civil or administrative 

proceedings. 

23. To members of Congress, the 

Government Accountability Office, or 

others charged with monitoring the 

work of the Commission or conducting 

records management inspections. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records are maintained in electronic 

and paper format. Electronic records are 

stored in computerized databases and/or 

electronic storage devices. Paper records 

and records on electronic storage 

devices may be stored in locked file 

rooms and/or file cabinets and/or 

secured buildings. 

RETRIEVABILITY: 

Information is indexed by name of the 

Regulated Entity or by certain SEC 

identification numbers. Information 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Notices 69899 

regarding individuals may be obtained 

through the use of cross-reference 

methodology or some form of personal 

identifier. Access for inquiry purposes 

is via a computer terminal. 

SAFEGUARDS: 

Access to SEC facilities, data centers, 

and information or information systems 

is limited to authorized personnel with 

official duties requiring access. SEC 

facilities are equipped with security 

cameras and 24-hour security guard 

service. The records are kept in limited 

access areas during duty hours and 

secured areas at all other times. 

Computerized records are safeguarded 

in secured, encrypted environment. 

Security protocols meet the 

promulgating guidance as established by 

the National Institute of Standards and 

Technology (NIST) Security Standards 

from Access Control to Data Encryption, 

and Security Assessment & 

Authorization (SA&A). Records will be 

maintained in a secure, passwordprotected electronic system that will 

utilize commensurate safeguards that 

may include: firewalls, intrusion 

detection and prevention systems, and 

role-based access controls. Additional 

safeguards will vary by program. All 

records are protected from unauthorized 

access through appropriate 

administrative, operational, and 

technical safeguards. These safeguards 

include: restricting access to authorized 

personnel who have a ‘‘need to know’’; 

using locks; and password protection 

identification features. Contractors and 

other recipients providing services to 

the Commission shall be required to 

maintain equivalent safeguards. 

RETENTION AND DISPOSAL: 

These records will be maintained 

until they become inactive, at which 

time they will be retired or destroyed in 

accordance with records schedules of 

the United States Securities and 

Exchange Commission and as approved 

by the National Archives and Records 

Administration. 

SYSTEM MANAGER(S) AND ADDRESS: 

Chief Information Officer, Office of 

Information Technology, Securities and 

Exchange Commission, 100 F Street NE., 

Washington, DC 20549–4949. 

NOTIFICATION PROCEDURE: 

All requests to determine whether this 

system of records contains a record 

pertaining to the requesting individual 

may be directed to the FOIA/PA Officer, 

Securities and Exchange Commission, 

100 F Street NE., Washington, DC 

20549–2736. 

RECORD ACCESS PROCEDURES: 

Persons wishing to obtain information 

on the procedures for gaining access to 

or contesting the contents of these 

records may contact the FOIA/PA 

Officer, Securities and Exchange 

Commission, 100 F Street NE., 

Washington, DC 20549–2736. 

CONTESTING RECORD PROCEDURES: 

See Record Access Procedures above. 

RECORD SOURCE CATEGORIES: 

Record sources include filings made 

by Regulated Entities; information 

obtained through examinations or 

investigations of Regulated Entities and 

their activities; information contained in 

SEC correspondence with Regulated 

Entities; information received from 

other federal, state, local, foreign or 

other regulatory organizations or law 

enforcement agencies; complaint 

information received by the SEC via 

letters, telephone calls, emails or any 

other form of communication; and data 

obtained from third-party sources. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

By the Commission. 

Dated: November 19, 2014. 

Brent J. Fields, 

Secretary. 

Report Of Notice To Revise A System 

Of Records 

System Name: Administrative 

Proceeding Files (SEC–36). 

Introduction: In accordance with the 

requirements of the Privacy Act of 1974, 

5 U.S.C. 552a, the Securities and 

Exchange Commission (‘‘Commission’’ 

or ‘‘SEC’’) proposes to revise the system 

of records titled ‘‘Administrative 

Proceeding Files (SEC–36).’’ 

Administrative Proceeding Files (SEC– 

36) records are used by SEC personnel 

in connection with any proceeding 

where the federal securities laws are in 

issue or in which the Commission or 

past or present members of its staff is a 

party or otherwise involved in an 

official capacity. Substantive changes to 

SEC–36 have been made to the 

following sections: (1) Categories of 

Individuals, to clarify specific 

individuals covered in the records; (2) 

Categories of Records, to add specific 

data elements collected on individuals, 

to include, names, addresses, email 

addresses, telephone numbers, and fax 

numbers; (3) Purpose, to state the 

purpose of the system, which was 

omitted in the last publication; (4) 

Authority for Maintenance of the 

System, to add additional regulatory 

authority authorizing the collection of 

information; (5) Routine Uses, to clarify 

categories of users in two routines uses 

located at numbers 2 and 13, to delete 

one routine use previously located at 

number 2, and to expand by seven 

routine uses located at numbers 1, 4, 

and 19–23; and (6) Storage, to expand to 

include electronic media. Additional 

minor administrative changes have been 

made to the Record Source Categories, 

Retrievability and Safeguards sections, 

to clarify internal handling practices for 

the records; and to the Notification, 

Access and Contesting Procedures 

sections, to update the Commission’s 

current address. 

Purpose: The records are used in any 

proceeding where the federal securities 

laws are in issue or in which the 

Commission, or past or present 

members of its staff is a party or 

otherwise involved in an official 

capacity. 

Authority: 15 U.S.C. 77h(e), 77u, 78v, 

78o(b), 80a–40, and 80b–12; the 

Commission’s Rules of Practice, 17 CFR 

201.100–900 and the Commission’s 

Rules of Fair Fund and Disgorgement 

Plans, 17 CFR 201.1100–1106. 

Probable effect on individual privacy 

or other rights: The records in this 

system may reveal personal information 

about individuals. We will disclose 

information under the routine uses only 

as necessary to accomplish the stated 

purpose. We do not anticipate that the 

routine use disclosures will have an 

unwarranted adverse effect on the rights 

of the individuals to whom the records 

pertain. 

Security provided for this system: 

Access to SEC facilities, data centers, 

and information or information systems 

is limited to authorized personnel with 

official duties requiring access. SEC 

facilities are equipped with security 

cameras and 24-hour security guard 

service. The records are kept in limited 

access areas during duty hours and 

secured areas at all other times. 

Computerized records are safeguarded 

in secured, encrypted environment. 

Security protocols meet the 

promulgating guidance as established by 

the National Institute of Standards and 

Technology (NIST) Security Standards 

from Access Control to Data Encryption, 

and Security Assessment & 

Authorization (SA&A). Records will be 

maintained in a secure, passwordprotected electronic system that will 

utilize commensurate safeguards that 

may include: firewalls, intrusion 

detection and prevention systems, and 

role-based access controls. Additional 

safeguards will vary by program. All 

records are protected from unauthorized 

access through appropriate 

administrative, operational, and 

technical safeguards. These safeguards 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
69900 Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Notices 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3 15 U.S.C. 78s(b)(3)(A)(iii). 

4 17 CFR 240.19b–4(f)(6). 

include: restricting access to authorized 

personnel who have a ‘‘need to know’’; 

using locks; and password protection 

identification features. Contractors and 

other recipients providing services to 

the Commission shall be required to 

maintain equivalent safeguards. 

Compatibility of routine uses: The 

Privacy Act (5 U.S.C. 552a(a)(7) and 

(b)(3)) and SEC disclosure regulation (17 

CFR 200, Subpart H) permit disclosure 

of information under a published 

routine use for a purpose that is 

compatible with the purpose for which 

the information was collected. The 

routine uses are appropriate and meet 

the relevant statutory and regulatory 

criteria; are compatible with the 

purposes of this system; and will ensure 

efficient administration of the records 

contained in the system. 

OMB Requirements: A report of this 

revised system of records must be 

transmitted to OMB. 

OPM Requirements: None. 

Report Of Notice To Revise A System 

Of Records 

System Name: Information Pertaining 

or Relevant to SEC Regulated Entities 

and Their Activities (SEC–55). 

Introduction: In accordance with the 

requirements of the Privacy Act of 1974, 

5 U.S.C. 552a, the Securities and 

Exchange Commission (‘‘Commission’’ 

or ‘‘SEC’’) proposes to revise the system 

of records titled ‘‘Information Pertaining 

or Relevant to SEC Regulated Entities 

and Their Activities (SEC–55). The 

Information Pertaining or Relevant to 

SEC Regulated Entities and Their 

Activities (SEC–55) records are used by 

SEC personnel in connection with their 

official functions, including but not 

limited to, conducting examinations for 

compliance with federal securities law, 

investigating possible violations of 

federal securities laws, and other 

matters relating to SEC regulatory and 

law enforcement functions. Substantive 

changes to SEC–55 have been made to 

the following sections: (1) Name, to 

clarify the type of records in the system; 

(2) Categories of Individuals, to clarify 

the specific individuals covered in the 

system of records; (3) Categories of 

Records, modified to include specific 

data elements collected on individuals, 

name, address, telephone number, and 

email address; and (4) Routine Uses, to 

expand by one new routine use located 

at number 22. Additional minor 

administrative changes have been made 

to the Safeguards section, to clarify 

internal handling practices for the 

records; and to the System Manager(s) 

and Address Section, to update the 

Commission’s current address. 

Purpose: The records are used by SEC 

personnel in connection with their 

official functions including but not 

limited to, conducting examinations for 

compliance with federal securities law, 

investigating possible violations of 

federal securities laws, and other 

matters relating to SEC regulatory and 

law enforcement functions. 

Authority: 15 U.S.C. 78a et seq., 80a– 

1 et seq., and 80b–1 et seq. 

Probable effect on individual privacy 

or other rights: The records in this 

system may reveal personal information 

about individuals. We will disclose 

information under the routine uses only 

as necessary to accomplish the stated 

purpose. We do not anticipate that the 

routine use disclosures will have an 

unwarranted adverse effect on the rights 

of the individuals to whom the records 

pertain. 

Security provided for this system: 

Access to SEC facilities, data centers, 

and information or information systems 

is limited to authorized personnel with 

official duties requiring access. SEC 

facilities are equipped with security 

cameras and 24-hour security guard 

service. The records are kept in limited 

access areas during duty hours and 

secured areas at all other times. 

Computerized records are safeguarded 

in secured, encrypted environment. 

Security protocols meet the 

promulgating guidance as established by 

the National Institute of Standards and 

Technology (NIST) Security Standards 

from Access Control to Data Encryption, 

and Security Assessment & 

Authorization (SA&A). Records will be 

maintained in a secure, passwordprotected electronic system that will 

utilize commensurate safeguards that 

may include: firewalls, intrusion 

detection and prevention systems, and 

role-based access controls. Additional 

safeguards will vary by program. All 

records are protected from unauthorized 

access through appropriate 

administrative, operational, and 

technical safeguards. These safeguards 

include: restricting access to authorized 

personnel who have a ‘‘need to know’’; 

using locks; and password protection 

identification features. Contractors and 

other recipients providing services to 

the Commission shall be required to 

maintain equivalent safeguards. 

Compatibility of routine uses: The 

Privacy Act (5 U.S.C. 552a(a)(7) and 

(b)(3)) and SEC disclosure regulation (17 

CFR 200, Subpart H) permit disclosure 

of information under a published 

routine use for a purpose that is 

compatible with the purpose for which 

the information was collected. The 

routine uses are appropriate and meet 

the relevant statutory and regulatory 

criteria; are compatible with the 

purposes of this system; and will ensure 

efficient administration of the records 

contained in the system. 

OMB Requirements: A report of this 

revised system of records must be 

transmitted to OMB. 

OPM Requirements: None. 

[FR Doc. 2014–27745 Filed 11–21–14; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–73625; File No. SR–C2– 

2014–026] 

Self-Regulatory Organizations; C2 

Options Exchange, Incorporated; 

Notice of Filing and Immediate 

Effectiveness of a Proposed Rule 

Change To Extend the Penny Pilot 

Program Through June 30, 2015 

November 18, 2014. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’) 1 and Rule 19b–4 thereunder,2

notice is hereby given that on November 

12, 2014, C2 Options Exchange, 

Incorporated (the ‘‘Exchange’’ or ‘‘C2’’) 

filed with the Securities and Exchange 

Commission (the ‘‘Commission’’) the 

proposed rule change as described in 

Items I, II, and III below, which Items 

have been prepared by the Exchange. 

The Exchange filed the proposal as a 

‘‘non-controversial’’ proposed rule 

change pursuant to Section 

19(b)(3)(A)(iii) of the Act 3 and Rule 

19b–4(f)(6) thereunder.4 The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

change from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

C2 proposes to amend Rule 6.4 by 

extending the Penny Pilot Program 

through June 30, 2015. The text of the 

proposed rule change is available on the 

Exchange’s Web site (http://www.cboe.

com/AboutCBOE/CBOELegalRegulatory

Home.aspx), at the Exchange’s Office of 

the Secretary, and at the Commission’s 

Public Reference Room. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, the 

Exchange included statements 


asabaliauskas on DSK5VPTVN1PROD with NOTICES