Computer Matching and Privacy Protection Act of 1988; Notice of RRB and SSA Records Used in Computer Matching, 59378-59379 [05-20371]
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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).
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.
ACTION:
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)
VerDate Aug<31>2005
19:48 Oct 11, 2005
Jkt 208001
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.
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.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00067
Fmt 4703
Sfmt 4703
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
E:\FR\FM\12OCN1.SGM
12OCN1
Federal Register / Vol. 70, No. 196 / Wednesday, October 12, 2005 / Notices
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,
VerDate Aug<31>2005
19:48 Oct 11, 2005
Jkt 208001
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%
PO 00000
Frm 00068
Fmt 4703
Sfmt 4703
59379
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
1 Under 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.
2 Entergy 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.
E:\FR\FM\12OCN1.SGM
12OCN1
]]>Agencies
[Federal Register Volume 70, Number 196 (Wednesday, October 12, 2005)]
[Notices]
[Pages 59378-59379]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-20371]
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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
[[Page 59379]]
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
