59378 Federal Register / Vol. 70, No. 196 / Wednesday, October 12, 2005 / Notices 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

• Evaluate the accuracy of the 

agency’s estimate of the burden of the 

collection of information, including the 

validity of the methodology and 

assumptions used; 

• Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

• Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

Dated in Washington, DC, this 4th day of 

October, 2005. 

Rick Hartt, 

Chief Technology Officer, Pension Benefit 

Guaranty Corporation. 

[FR Doc. 05–20437 Filed 10–11–05; 8:45 am] 

BILLING CODE 7708–01–P 

RAILROAD RETIREMENT BOARD 

Computer Matching and Privacy 

Protection Act of 1988; Notice of RRB 

and SSA Records Used in Computer 

Matching 

AGENCY: Railroad Retirement Board 

(RRB). 

ACTION: Notice of Records Used in 

Computer Matching Programs; 

Notification to individuals who are 

railroad employees, or applicants and 

beneficiaries under the Railroad 

Retirement Act or who are applicants or 

beneficiaries under the Social Security 

Act. 

SUMMARY: As required by the Computer 

Matching and Privacy Protection Act of 

1988, RRB is issuing public notice of its 

use and intent to use, in ongoing 

computer matching programs, 

information obtained from the Social 

Security Administration (SSA) of the 

amount of wages reported to SSA and 

the amount of benefits paid by that 

agency. The RRB is also issuing public 

notice, on behalf of the Social Security 

Administration, of SSA’s use and intent 

to use, in ongoing computer matching 

programs, information obtained from 

the RRB of the amount of railroad 

earnings reported to the RRB. 

The purposes of this notice are (1) to 

advise individuals applying for or 

receiving benefits under the Railroad 

Retirement Act of the use made by RRB 

of this information obtained from SSA 

by means of a computer match and (2) 

to advise individuals applying for or 

receiving benefits under the Social 

Security Act of the use made by SSA of 

this information obtained from RRB by 

means of a computer match. 

ADDRESSES: Interested parties may 

comment on this publication by writing 

to Ms. Beatrice Ezerski, Secretary to the 

Board, Railroad Retirement Board, 844 

North Rush Street, Chicago, Illinois 

60611–2092. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lynn Harvey, Privacy Act Officer, 

Railroad Retirement Board, 844 North 

Rush Street, Chicago, Illinois 60611–

2092, telephone number (312) 751–

4869. 

SUPPLEMENTARY INFORMATION: The 

Computer Matching and Privacy 

Protection Act of 1988, Pub. L. 100–503, 

requires a Federal agency participating 

in a computer matching program to 

publish a notice regarding the 

establishment of a matching program. 

The last notice for this matching 

program was published at 68 FR 10057 

(March 3, 2003). 

Name of Participating Agencies: 

Social Security Administration and 

Railroad Retirement Board. 

Purpose of the Match: The RRB will, 

on a daily basis, obtain from SSA a 

record of the wages reported to SSA for 

persons who have applied for benefits 

under the Railroad Retirement Act and 

a record of the amount of benefits paid 

by that agency to persons who are 

receiving or have applied for benefits 

under the Railroad Retirement Act. The 

wage information is needed to compute 

the amount of the tier I annuity 

component provided by sections 3(a), 

4(a) and 4(f) of the Railroad Retirement 

Act (45 U.S.C. 231b(a), 45 U.S.C. 231c(a) 

and 45 U.S.C. 231c(f). The benefit 

information is needed to adjust the tier 

I annuity component for the receipt of 

the Social Security benefit. This 

information is available from no other 

source. 

In addition, the RRB will receive from 

SSA the amount of certain social 

security benefits which the RRB pays on 

behalf of SSA. Section 7(b)(2) of the 

Railroad Retirement Act (45 U.S.C. 

231f(b)(2)) provides that the RRB shall 

make the payment of certain social 

security benefits. The RRB also requires 

this information in order to adjust the 

amount of any annuity due to the 

receipt of a social security benefit. 

Section 10(a) of the Railroad Retirement 

Act (45 U.S.C. 231i(a)) permits the RRB 

to recover any overpayment from the 

accrual of social security benefits. This 

information is not available from any 

other source. 

Thirdly, the RRB will receive from 

SSA once a year a copy of SSA’s Master 

Benefit Record for earmarked RRB 

annuitants. Section 7(b)(7)) of the 

Railroad Retirement Act (45 U.S.C. 

231f(b)(7) requires that SSA provide the 

requested information. The RRB needs 

this information to make the necessary 

cost-of-living computation quickly and 

accurately for those RRB annuitants 

who are also SSA beneficiaries. 

SSA will receive from RRB weekly 

RRB earnings information for all 

railroad employees. SSA will match the 

identifying information of the records 

furnished by the RRB against the 

identifying information contained in its 

Master Benefit Record and its Master 

Earnings File. If there is a match, SSA 

will use the RRB earnings to adjust the 

amount of Social Security benefits in its 

Annual Earnings Reappraisal Operation 

(AERO). This information is available 

from no other source. 

SSA will also receive from RRB on a 

daily basis RRB earnings information on 

selected individuals. The transfer of 

information may be initiated either by 

RRB or by SSA. SSA needs this 

information to determine eligibility to 

Social Security benefits and, if 

eligibility is met, to determine the 

benefit amount payable. Section 18 of 

the Railroad Retirement Act (45 U.S.C. 

231q(2)) requires that earnings 

considered as compensation under the 

Railroad Retirement Act be considered 

as wages under the Social Security Act 

for the purposes of determining 

entitlement under the Social Security 

Act if the person has less than 10 years 

of railroad service or has 10 or more 

years of service but does not have a 

current connection with the railroad 

industry at the time of his/her death. 

Authority for Conducting the Match: 

Section 7(b)(7) of the Railroad 

Retirement Act (45 U.S.C. 231f(b)(7)) 

provides that the Social Security 

Administration shall supply 

information necessary to administer the 

Railroad Retirement Act. 

Sections 202, 205(o) and 215(f) of the 

Social Security Act (42 U.S.C. 402, 

405(o) and 415(f) relate to benefit 

provisions, inclusion of railroad 

compensation together with wages for 

payment of benefits under certain 

circumstances, and the re-computation 

of benefits. 

Categories of Records and Individuals 

Covered: All applicants for benefits 

under the Railroad Retirement Act and 

current beneficiaries will have a record 

of any social security wages and the 

amount of any social security benefits 

furnished to the RRB by SSA. In 

addition, all persons who ever worked 

in the railroad industry after 1936 will 

Federal Register / Vol. 70, No. 196 / Wednesday, October 12, 2005 / Notices 59379 

1Under rule 53(a), the Commission shall not 

make certain specified findings under sections 7 

and 12 in connection with a proposal by a holding 

company to issue securities for the purpose of 

acquiring the securities of, or other interest in, an 

EWG, or to guarantee the securities of an EWG, if 

each of the conditions in paragraphs (a)(1) through 

(a)(4) are met, provided that none of the conditions 

specified in paragraphs (b)(1) through (b)(3) of rule 

53 exists. 

2Entergy states that all of the other criteria of rule 

53(a) and (b) are satisfied, except with respect to 

rule 53(a)(1). However, Entergy states that while its 

‘‘aggregate investment’’ in Exempt Projects exceeds 

the 50% of consolidated retained earnings 

limitation of rule 53(a)(1), Entergy is in compliance 

with the 2000 Order which allows Entergy to invest 

up to 100% of its consolidated retained earnings in 

Exempt Projects. As of June 30, 2005, Entergy’s 

aggregate investment in Exempt Projects was 

approximately $2.9 billion and was equal to 

approximately 57% of Entergy’s consolidated 

retained earnings of approximately $5 billion. 

Entergy states that it has complied with, and will 

continue to comply with, the record keeping 

requirements of rule 53(a)(2), the limitation in rule 

53(a)(3) on the use of Entergy system domestic 

public utility subsidiary companies’ personnel in 

rendering services to affiliated Exempt Projects, and 

the requirements of rule 53(a)(4) concerning the 

submission of certain filings and reports under the 

Act to retail regulatory commissions. 

Finally, none of the other conditions set forth in 

rule 53(b) currently exists. Specifically, as required 

by rule 53(b)(2), Entergy’s average consolidated 

retained earnings for the four most recent quarterly 

periods have not decreased by 10% from the 

average for the previous four quarterly periods, and, 

as required by rule 53 (b)(3), Entergy did not report 

operating losses in its previous fiscal year 

attributable to its investments in Exempt Projects in 

excess of 5% of Entergy’s consolidated retained 

earnings. 

have a record of their service and 

compensation furnished to SSA by RRB. 

The applicable Privacy Act Systems of 

Records used in the matching program 

are as follows: RRB–5, Master File of 

Railroad Employees’ Creditable 

Compensation; RRB–22, Railroad 

Retirement, Survivor, Pensioner Benefit 

System; SSA/OSR, 09–60–0090, Master 

Beneficiary Record (MBR); and SSA/ 

OSR, 09–60–0059, Master Earnings File 

(MEF). 

Inclusive Dates of the Matching 

Program: The consolidated matching 

program shall become effective no 

sooner than 40 days after notice of the 

matching program is sent to Congress 

and the Office of Management and 

Budget (OMB), or 30 days after 

publication of this notice in the Federal 

Register, whichever date is later. The 

matching program will continue for 18 

months from the effective date and may 

be extended for an additional 12 months 

thereafter, if certain conditions are met. 

The notice we are giving here is in 

addition to any individual notice. 

A copy of this notice will be or has 

been furnished to the Office of 

Management and Budget and the 

designated committees of both houses of 

Congress. 

Dated: October 4, 2005. 

By Authority of the Board. 

Beatrice Ezerski, 

Secretary to the Board. 

[FR Doc. 05–20371 Filed 10–11–05; 8:45 am] 

BILLING CODE 7905–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 35–28043] 

Filings Under the Public Utility Holding 

Company Act of 1935, as Amended 

(‘‘Act’’) 

October 5, 2005. 

Notice is hereby given that the 

following filing(s) has/have been made 

with the Commission under provisions 

of the Act and rules promulgated under 

the Act. All interested persons are 

referred to the application(s) and/or 

declaration(s) for complete statements of 

the proposed transaction(s) summarized 

below. The application(s) and/or 

declaration(s) and any amendment(s) is/ 

are available for public inspection 

through the Commission’s Branch of 

Public Reference. 

Interested persons wishing to 

comment or request a hearing on the 

application(s) and/or declaration(s) 

should submit their views in writing by 

October 27, 2005, to the Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–9303, and serve a copy on the 

relevant applicant(s) and/or declarant(s) 

at the address(es) specified below. Proof 

of service (by affidavit or, in the case of 

an attorney at law, by certificate) should 

be filed with the request. Any request 

for hearing should identify specifically 

the issues of facts or law that are 

disputed. A person who so requests will 

be notified of any hearing, if ordered, 

and will receive a copy of any notice or 

order issued in the matter. After October 

27, 2005, the application(s) and/or 

declaration(s), as filed or as amended, 

may be granted and/or permitted to 

become effective. 

Entergy Corporation (70–9049; 70–9123; 

70–10202) 

Entergy Corporation (‘‘Entergy’’), 639 

Loyola Avenue, New Orleans, LA 

70113, a registered holding company, 

has filed post-effective amendments to 

its original declaration/applications 

(‘‘Amended Declarations’’) under 

sections 6(a), 7, 9(a), 10, 12(b), 

12(c),13(b), 32 and 33 of the Act and 

rules 42, 43, 45, 46, 53, 54, 83, 90 and 

91 under the Act. 

I. Existing Orders 

By order dated June 22, 1999 (Holding 

Company Act Release No. 27039; File 

No. 70–9123) (‘‘Original Order’’) Entergy 

was authorized, among other things, to 

finance its exempt wholesale generator 

(‘‘EWG’’) and foreign utility company 

(‘‘FUCO’’) (collectively, ‘‘Exempt 

Projects’’) investments by providing 

guarantees and other forms of credit 

support regarding the securities and 

other obligations of these entities in an 

aggregate amount not to exceed $750 

million. 

By order dated June 13, 2000 (Holding 

Company Act Release No. 27184; File 

No. 70–9049) (‘‘2000 Order’’) the 

Original Order was modified to 

authorize Entergy, among other things, 

to issue securities for the purpose of 

investing in Exempt Projects and to 

provide credit support for the securities 

and obligations of the Exempt Projects 

to the extent that its ‘‘aggregate 

investment’’ (as defined in rule 53 of the 

Act) in the Exempt Projects did not 

exceed 100% of its consolidated 

retained earnings. 

By order dated June 30, 2004 (Holding 

Company Act Release No. 27864; File 

No. 70–10202) (‘‘2004 Order’’) Entergy 

was authorized, among other things, to 

issue securities and use the proceeds 

from the issuances to fund investments 

in Exempt Projects, as long as the 

‘‘aggregate investment’’ (as defined in 

rule 53 of the Act) did not exceed 100% 

of Entergy’s consolidated retained 

earnings as set forth in the 2000 Order. 

II. Rule 54 

The transactions approved in the 

Original Order, 2000 Order and 2004 

Order were each subject to the 

provisions of rule 54 under the Act. 

Rule 54 provides that, in determining 

whether to approve the issue or sale of 

any securities for purposes other than 

the acquisition of any Exempt Projects 

or other transactions unrelated to 

Exempt Projects, the Commission shall 

not consider the effect of the 

capitalization or earnings of subsidiaries 

of a registered holding company that are 

EWGs or FUCOs if the requirements of 

rule 53(a), (b) and (c) are satisfied.1

In the Amended Declarations, Entergy 

states that it is ineligible for the safe 

harbor provisions of rule 54 that were 

relied upon by the Commission in 

issuing the Original Order, 2000 Order 

and 2004 Order because it no longer 

satisfies the condition contained in rule 

53(b)(1), as discussed below.2

Accordingly, Entergy requests authority 

to issue and sell securities to continue 

to finance the acquisition of EWGs or to 

guarantee the security of an EWG when 

the event described in rule 53(b)(1) of 

the Act has occurred. Entergy must, in