Culturally Significant Object Imported for Exhibition Determinations: “Michelangelo's David Apollo”, 67725 [2012-27545]
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Federal Register / Vol. 77, No. 219 / Tuesday, November 13, 2012 / Notices
Notice of Rescission of Social
Security Acquiescence Ruling 05–1(9)—
Gillett-Netting v. Barnhart, 371 F.3d 593
(9th Cir. 2004).
ACTION:
In accordance with 20 CFR
402.35(b)(2), 404.985(e)(1) and
416.1485(e)(1), the Commissioner of
Social Security gives notice of the
rescission of Social Security
Acquiescence Ruling (AR) 05–1(9).
DATES: Effective Date: November 13,
2012.
FOR FURTHER INFORMATION CONTACT:
Karen Aviles, Office of the General
Counsel, Office of Program Law, Social
Security Administration, 6401 Security
Boulevard, Baltimore, MD 21235–6401,
(410) 965–3457, or TTY 410–966–5609,
for information about this notice. For
information on eligibility or filing for
benefits, call our national toll-free
number, 1–800–772–1213 or TTY 1–
800–325–0778, or visit our Internet site,
Social Security Online, at https://
www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION: An AR
explains how we will apply a holding
in a decision of a United States Court of
Appeals that we determine conflicts
with our interpretation of a provision of
the Social Security Act (the Act) or
regulations when the Government has
decided not to seek further review of the
case or is unsuccessful on further
review. As provided by 20 CFR
404.985(e)(1) and 416.1485(e)(1), we
may rescind an AR as obsolete and
apply our interpretation of the Act or
regulations if the Supreme Court
overrules or limits a circuit court
holding that was the basis of an AR.
On September 22, 2005, we issued AR
05–1(9) to reflect the holding of the
United States Court of Appeals for the
Ninth Circuit in Gillett-Netting v.
Barnhart, 371 F.3d 593 (9th Cir. 2004),
reh’g denied (9th Cir. Dec. 14, 2004) (70
FR 55656). The Ninth Circuit held that
an undisputed biological child of an
insured individual who was conceived
by artificial means after the insured’s
death is the insured’s ‘‘child’’ for
purposes of sections 202(d)(1) and
212(e)(1) of the Act. The Ninth Circuit
rejected our longstanding interpretation
of section 216(h) of the Act, as set forth
in the regulations, that state intestacy
law determines the child-parent
relationship.
On January 4, 2011, in Capato v.
Commissioner of Social Security, 631
F.3d 626 (3d Cir. 2011), the United
States Court of Appeals for the Third
Circuit followed the decision in GillettNetting and held that under sections
202(d)(1) and 216(e)(1) of the Act, a
posthumously-conceived applicant can
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satisfy the Act child-parent relationship
requirement by demonstrating that he or
she is the undisputed biological child of
the deceased insured individual.
Similar to the Ninth Circuit, the Third
Circuit found that section 216(h)
requirement to apply state intestacy law
is triggered only in cases where
parentage is disputed.
The Government sought review of the
Third Circuit’s decision in the Supreme
Court of the United States, and on May
21, 2012, the Supreme Court reversed
the Third Circuit’s decision. The
Supreme Court upheld our
interpretation of section 216(h) of the
Act, under which we apply state
intestacy law when we determine a
child-parent relationship under sections
202(d)(1) and 216(e)(1) of the Act.
Astrue v. Capato, llU.S. ll, 132 S.
Ct. 2021 (2012).
The Supreme Court stated that, ‘‘The
SSA’s interpretation of the relevant
provisions, adhered to without
deviation for many decades, is at least
reasonable; the agency’s reading is
therefore entitled to this Court’s
deference under Chevron. * * *
Chevron deference is appropriate ‘when
it appears that Congress delegated
authority to the agency generally to
make rules carrying the force of law,
and that the agency interpretation
claiming deference was promulgated in
the exercise of that authority.’ * * *
Here, as already noted, the SSA’s
longstanding interpretation is set forth
in regulations published after noticeand-comment rulemaking.’’ 132 S. Ct. at
2033–2034 (citations omitted).
Because, in Capato, the Supreme
Court rejected the holding in GillettNetting by upholding our policy of
applying state intestacy law in all childparent determinations, we are
rescinding AR 05–1(9), in accordance
with 20 C.F.R. 404.985(e)(1),
416.1485(e)(1).
(Catalog of Federal Domestic Assistance,
Program Nos. 96.001 Social Security—
Disability Insurance; 96.002 Social
Security—Retirement Insurance; 96.004
Social Security—Survivors Insurance)
[Public Notice 8085]
Culturally Significant Object Imported
for Exhibition Determinations:
‘‘Michelangelo’s David Apollo’’
Notice is hereby given of the
following determinations: Pursuant to
the authority vested in me by the Act of
October 19, 1965 (79 Stat. 985; 22 U.S.C.
2459), Executive Order 12047 of March
27, 1978, the Foreign Affairs Reform and
Restructuring Act of 1998 (112 Stat.
2681, et seq.; 22 U.S.C. 6501 note, et
seq.), Delegation of Authority No. 234 of
October 1, 1999, and Delegation of
Authority No. 236–3 of August 28, 2000
(and, as appropriate, Delegation of
Authority No. 257 of April 15, 2003), I
hereby determine that the object to be
included in the exhibition
‘‘Michelangelo’s David Apollo,’’
imported from abroad for temporary
exhibition within the United States, is
of cultural significance. The object is
imported pursuant to a loan agreement
with the foreign owner or custodian. I
also determine that the exhibition or
display of the exhibit object at the
National Gallery of Art, Washington,
DC, from on or about December 13,
2012, until on or about March 3, 2013,
and at possible additional exhibitions or
venues yet to be determined, is in the
national interest. I have ordered that
Public Notice of these Determinations
be published in the Federal Register.
FOR FURTHER INFORMATION CONTACT: For
further information, including a
description of the exhibit object, contact
Paul W. Manning, Attorney-Adviser,
Office of the Legal Adviser, U.S.
Department of State (telephone: 202–
632–6469). The mailing address is U.S.
Department of State, SA–5, L/PD, Fifth
Floor (Suite 5H03), Washington, DC
20522–0505.
SUMMARY:
Dated: November 6, 2012.
J. Adam Ereli,
Principal Deputy Assistant Secretary, Bureau
of Educational and Cultural Affairs,
Department of State.
[FR Doc. 2012–27545 Filed 11–9–12; 8:45 am]
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[Delegation of Authority No. 346]
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DEPARTMENT OF STATE
DEPARTMENT OF STATE
Dated: November 5, 2012.
Michael J. Astrue,
Commissioner of Social Security.
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Delegation by the Secretary of State to
the Assistant Secretary for East Asian
and Pacific Affairs of the Authority To
Waive the Visa Ban Under the JADE
Act
By virtue of the authority vested in
the Secretary by the laws of the United
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[Federal Register Volume 77, Number 219 (Tuesday, November 13, 2012)]
[Notices]
[Page 67725]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27545]
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DEPARTMENT OF STATE
[Public Notice 8085]
Culturally Significant Object Imported for Exhibition
Determinations: ``Michelangelo's David Apollo''
SUMMARY: Notice is hereby given of the following determinations:
Pursuant to the authority vested in me by the Act of October 19, 1965
(79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27,
1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112
Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of
Authority No. 234 of October 1, 1999, and Delegation of Authority No.
236-3 of August 28, 2000 (and, as appropriate, Delegation of Authority
No. 257 of April 15, 2003), I hereby determine that the object to be
included in the exhibition ``Michelangelo's David Apollo,'' imported
from abroad for temporary exhibition within the United States, is of
cultural significance. The object is imported pursuant to a loan
agreement with the foreign owner or custodian. I also determine that
the exhibition or display of the exhibit object at the National Gallery
of Art, Washington, DC, from on or about December 13, 2012, until on or
about March 3, 2013, and at possible additional exhibitions or venues
yet to be determined, is in the national interest. I have ordered that
Public Notice of these Determinations be published in the Federal
Register.
FOR FURTHER INFORMATION CONTACT: For further information, including a
description of the exhibit object, contact Paul W. Manning, Attorney-
Adviser, Office of the Legal Adviser, U.S. Department of State
(telephone: 202-632-6469). The mailing address is U.S. Department of
State, SA-5, L/PD, Fifth Floor (Suite 5H03), Washington, DC 20522-0505.
Dated: November 6, 2012.
J. Adam Ereli,
Principal Deputy Assistant Secretary, Bureau of Educational and
Cultural Affairs, Department of State.
[FR Doc. 2012-27545 Filed 11-9-12; 8:45 am]
BILLING CODE 4710-05-P
