41990 Federal Register / Vol. 62, No. 149 / Monday, August 4, 1997 / Notices

3 The court considered the following leading

cases: Clark v. Jeter, 486 U.S. 456 (1988); Pickett v.

Brown, 462 U.S. 1 (1983); Mills v. Habluetzel, 456

U.S. 91 (1982); Lalli v. Lalli, 439 U.S. 259 (1978);

and Handley, By and Through Herron v. Schweiker,

697 F.2d 999 (11th Cir. 1983).

4 Quoting Handley, 697 F.2d at 1003.

constitutional challenge. Daniels

appealed and the United States Court of

Appeals for the Eleventh Circuit

reversed the judgment of the district

court on the grounds that, as applied to

the particular facts of the case, SSA’s

use of Georgia intestacy law was

unconstitutional.

Holding: After carefully considering

the principles stated in the leading cases

addressing the constitutionality of

similar State statutes, the Court of

Appeals held that ‘‘as applied to this

case, the Social Security Act’s

incorporation of the Georgia intestacy

scheme violates equal protection.’’3

Noting that the United States Supreme

Court, in Pickett v. Brown, had ruled

unconstitutional a State statute that

imposed a two-year limit on paternity

and child support actions on behalf of

certain illegitimate children, the Daniels

court found that the obstacles that

prevented a child from establishing

paternity during the first two years after

birth persisted, at least, into the third

year. Accordingly, the court concluded

that ‘‘where the father died less than

two and one-half years after Adonis’

birth, the requirement that paternity be

established during the lifetime of the

father effectively ‘impose[d] an

unconstitutional insurmountable barrier

which denie[d] appellant the equal

protection of the laws.’’’4

The court also noted that Daniels was

further impeded in establishing the

paternity of her child because of her

status as a minor. Although the court

did not hold that the Georgia intestacy

statute was unconstitutional, it found

that SSA’s application of that statute to

the specific facts of the case when

determining Daniels’ eligibility for

Social Security survivors benefits

violated equal protection.

Statement As To How Daniels Differs

From Social Security Policy

In accordance with section

216(h)(2)(A) of the Act, SSA uses State

laws to decide whether a claimant is the

child of a deceased worker. Under its

regulation (20 CFR 404.354(b))

implementing section 216(h)(2)(A), SSA

‘‘look[s] to the laws that were in effect

at the time the insured worker died in

the State where the insured had his or

her permanent home.’’ The State laws

governing intestate succession (i.e., the

laws State courts use to decide whether

a claimant could inherit a child’s share

of the worker’s personal property if the

worker had died without leaving a will)

are controlling.

The Daniels court found that the Act’s

incorporation of the Georgia intestacy

law’s requirement that the paternity of

an illegitimate child be established

during the lifetime of the father was

unconstitutional as applied to the facts

in Daniels’ case, where paternity would

have had to be established in less than

two and one-half years from the date of

the child’s birth. Under these

circumstances, the court found that the

requirement constituted an

insurmountable barrier and violated the

child’s right to equal protection of law.

Explanation of How SSA Will Apply

The Daniels Decision Within The Circuit

This Ruling applies only to cases

where the applicant for surviving

child’s benefits under section

216(h)(2)(A) of the Act resides in

Alabama, Florida or Georgia at the time

of the determination or decision at any

administrative level, i.e., initial,

reconsideration, ALJ hearing or Appeals

Council.

When adjudicating a claim for

surviving child’s benefits involving the

establishment of inheritance rights

under a State’s intestacy law, SSA will

allow a period of two and one-half years

from the date of birth of the applicant

for the commencement and resolution of

legitimacy proceedings before applying

a statutory requirement that requires an

illegitimate child to establish paternity

during the lifetime of the father.

Adjudicators will continue to apply the

other provisions of State intestacy law

in effect on the date of the worker’s

death.

[FR Doc. 97–20272 Filed 8-1-97; 8:45am]

BILLING CODE 4190-29-F

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Reports, Forms and Recordkeeping

Requirements Agency Information

Collection Activity Under OMB Review

AGENCY: Office of the Secretary, (DOT).

ACTION: Notice.

SUMMARY: In compliance with the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.), this notice announces that

the Information Collection Requests

(ICRs) abstracted below have been

forwarded to the Office of Management

and Budget (OMB) for review and

comment. The ICRs describes the nature

of the information collection and their

expected burden. The Federal Register

Notice with a 60-day comment period

soliciting comments on OMB Control

Number: 2133–0522 was published on

May 19, 1997 (FR 62 27290). The

Federal Register Notice with a 60-day

comment period soliciting comments on

OMB Control Number: 2133–0517 was

published on May 13, 1997 (FR 62

26348).

DATES: Comments must be submitted on

or before September 3, 1997.

FOR FURTHER INFORMATION CONTACT:

Richard Weaver, 400 Seventh Street,

SW., Washington, DC 20590. Telephone

202–366–2811.

SUPPLEMENTARY INFORMATION:

Maritime Administration

1. Title: Seamen’s Claims;

Administrative Action and Litigation.

Type of Request: Extension of

currently approved information

collection.

OMB Control Number: 2133–0522.

Form Number: None.

Affected Public: Description of

Respondents: Officers or members of a

crew (or their surviving dependents or

beneficiaries, or by their legal

representatives) who suffered death,

injury, or illness while employed on

vessels as employees of the United

States through the National Shipping

Authority, Maritime Administration

(MARAD), or successor.

Abstract: Collects information from

claimants for death, injury or illness

suffered while serving as officers or

members of a crew employed on vessels

as employees of the United States

through the National Shipping

Authority, Maritime Administration

(MARAD), or successor.

Need and Use of the Information: The

information collected is evaluated by

MARAD to determine if the claim is fair

and reasonable. If the claim is allowed,

it is settled, a release is obtained from

the claimant verifying consummation of

the settlement, and payment is made to

the claimant.

Annual Estimated Burden: 750 hours.

2. Title: Approval of Underwriters for

Marine Hull Insurance.

Type of Request: Extension of

currently approved information

collection.

OMB Control Number: 2133–0517.

Form Number: None.

Affected Public: Foreign underwriters

of marine insurance and insurance

brokers placing marine hull insurance if

less than 50 percent of the placement is

made in the American market.

Abstract: Concerns approval of

marine hull underwriters to insure

MARAD program vessels. Foreign

applicants will be required to submit
Federal Register / Vol. 62, No. 149 / Monday, August 4, 1997 / Notices 41991

financial data upon which MARAD

approval would be based. In certain

cases, brokers would be required to

certify that American underwriters were

offered opportunity to compete for the

business.

Need and Use of the Information: 46

CFR part 249, published as a final rule

on June 20, 1988, prescribes regulations

for approval of underwriters for marine

hull insurance on vessels built or

operated with subsidy or covered by

vessel obligation guarantees issued

pursuant to Title XI of the Merchant

Marine Act, 1936, as amended. The

regulations provide for approval of

foreign underwriters on the basis of an

assessment of their financial condition,

the regulatory regime under which they

operate, and a statement attesting to a

lack of discrimination in their country

against U.S. hull insurers. The

regulations also require that American

underwriters be given an opportunity to

compete for every placement, thereby

necessitating in some cases certification

that such opportunity was offered.

Estimated Annual Burden: 66 hours.

ADDRESSES: Send comments to the

Office of Information and Regulatory

Affairs, Office of Management and

Budget, 725–17th Street, NW.,

Washington, DC 20503, Attention

MARAD Desk Officer. Comments are

Invited on: whether the proposed

collection of information is necessary

for the proper performance of the

functions of the Department, including

whether the information will have

practical utility; the accuracy of the

Department’s estimate of the burden of

the proposed information collection;

ways to enhance the quality, utility and

clarity of the information to be

collected; and ways to minimize the

burden of the collection of information

on respondents, including the use of

automated collection techniques or

other forms of information technology.

Issued in Washington, DC, on July 29,

1997.

Phillip A. Leach,

Clearance Officer, United States, Department

of Transportation.

[FR Doc. 97–20467 Filed 8–1–97; 8:45 am]

BILLING CODE 4910–62–P

DEPARTMENT OF TRANSPORTATION

Aviation Proceedings, Agreements

Filed During the Week of July 25, 1997

The following Agreements were filed

with the Department of Transportation

under the provisions of 49 U.S.C. 412

and 414. Answers may be filed within

21 days of date of filing.

Docket Number: OST–97–2760 .

Date Filed: July 23, 1997.

Parties: Members of the International

Air Transport Association.

Subject: PTC12 USA–EUR 0030 dated

July 11, 1997, USA-Europe Resolutions

(except between US-Aust/Belg/Germ/

Neth/Scand/Switz) R–29. Minutes—

PTC12 USA–EUR 0029 dated July 18,

1997. Tables—PTC12 USA–EUR Fares

0011 dated July 18, 1997. Intended

effective date: April 1, 1998.

Docket Number: OST–97–2766.

Date Filed: July 25, 1997.

Parties: Members of the International

Air Transport Association.

Subject: PTC23 EUR–SEA 0029 dated

June 30, 1997, Mail Vote 879 (EuropeTaiwan fares). Amendment to Mail

Vote. Correction to Mail Vote. Intended

effective date: September 1, 1997.

Paulette V. Twine,

Chief, Documentary Services.

[FR Doc. 97–20449 Filed 8–1–97; 8:45 am]

BILLING CODE 4910–62–P

DEPARTMENT OF TRANSPORTATION

Notice of Application for Certificates of

Public Convenience and Necessity and

Foreign Air Carrier Permits Filed Under

Subpart Q During the Week Ending

July 25, 1997

The following Applications for

Certificates of Public Convenience and

Necessity and Foreign Air Carrier

Permits were filed under Subpart Q of

the Department of Transportation’s

Procedural Regulations (See 14 CFR

302.1701 et. seq.). The due date for

Answers, Conforming Applications, or

Motions to Modify Scope are set forth

below for each application. Following

the Answer period DOT may process the

application by expedited procedures.

Such procedures may consist of the

adoption of a show-cause order, a

tentative order, or in appropriate cases

a final order without further

proceedings.

Docket Number: OST–97–2765.

Date Filed: July 25, 1997.

Due Date for Answers, Conforming

Applications, or Motion to Modify

Scope: August 22, 1997.

Description: Application of American

International Airways, Inc., pursuant to

49 U.S.C. Section 41102 and Subpart Q

of the Regulations, applies for an

amendment to its certificate authority

for Route 677 authorizing it to provide

scheduled foreign air transportation of

property and mail between a point or

points in the United States and a point

or points in Singapore, Thailand, and

Indonesia.

Docket Number: OST–97–2764.

Date Filed: July 25, 1997.

Due Date for Answers, Conforming

Applications, or Motion to Modify

Scope: August 22, 1997.

Description: Joint Application of

Federal Express Corporation and Florida

West International Airways, Inc.,

pursuant to 49 U.S.C. Section 41105 and

Subpart Q of the Procedural

Regulations, requests approval of the

transfer to Federal Express of certain

certificate authority now held by FWIA,

authorizing FWIA to provide scheduled

all-cargo foreign air transportation

between the United States and

Colombia.

Paulette V. Twine,

Chief Documentary Services.

[FR Doc. 97–20455 Filed 8–1–97; 8:45 am]

BILLING CODE 4910–62–P

DEPARTMENT OF TRANSPORTATION

[Docket 37554]

Notice of Order Adjusting the Standard

Foreign Fare Level Index

Section 41509(e) of Title 49 of the

United States Code requires that the

Department, as successor to the Civil

Aeronautics Board, establish a Standard

Foreign Fare Level (SFFL) by adjusting

the SFFL base periodically by

percentage changes in actual operating

costs per available seat-mile (ASM).

Order 80–2–69 established the first

interim SFFL, and Order 97–6–3

established the currently effective twomonth SFFL applicable through July 31,

1997.

In establishing the SFFL for the twomonth period beginning August 1, 1997,

we have projected non-fuel costs based

on the year ended March 31, 1997 data,

and have determined fuel prices on the

basis of the latest available experienced

monthly fuel cost levels as reported to

the Department.

By Order 97–7–32 fares may be

increased by the following adjustment

factors over the October 1979 level:

Atlantic—1.3569

Latin America—1.4045

Pacific—1.4957

For further information contact: Keith

A. Shangraw (202) 366–2439.

By the Department of Transportation.

Dated: July 30, 1997.

Charles A. Hunnicutt,

Assistant Secretary for Aviation and

International Affairs.

[FR Doc. 97–20477 Filed 8–1–97; 8:45 am]

BILLING CODE 4910–62–P