This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

4494

Vol. 62, No. 20

Thursday, January 30, 1997

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

18 CFR Parts 4 and 375

[Docket No. RM–95–16–000]

Regulations for the Relicensing of

Hydroelectric Projects

January 23, 1997.

AGENCY: Federal Energy Regulatory

Commission, DOE.

ACTION: Notice of proposed rulemaking;

extension of comment dates.

SUMMARY: On November 26, 1996, the

Commission issued a Notice Proposed

Rulemaking (61 FR 64031, December 3,

1996) proposing revisions to its

regulations for the relicensing of

hydropower projects. The dates for

filing initial comments and reply

comments are being extended at the

request of the U.S. Department of the

Interior and the National Hydropower

Association.

DATES: Initial comments should be filed

on or before April 4, 1997; reply

comments should be filed on or before

May 5, 1997.

ADDRESSES: Federal Energy Regulatory

Commission, 888 1st Street, N.E.,

Washington, D.C. 20426.

FOR FURTHER INFORMATION CONTACT:

Lois D. Cashell, Secretary, 202–208–

0400.

SUPPLEMENTARY INFORMATION: On

January 13, 1997 and January 14, 1997,

the U.S. Department of the Interior

(DOI) and the National Hydropower

Association (NHA) filed respective

motions for an extension of time to file

comments in response to the

Commission’s Notice of Proposed

Rulemaking issued November 26, 1996,

in the above-docketed proceeding. In its

motion, DOI states that additional time

is needed because the proposed rule

raises significant issues which require

considerable evaluation and

coordination with other agencies for the

preparation of responsive comments.

NHA states that an extension is required

to allow further consultation with

NHA’s membership and others to assure

properly focused and constructive

comments. NHA further states that the

American Public Power Association and

the Edison Electric Institute join NHA in

the motion for additional time.

Upon consideration, notice is hereby

given that an extension of time for filing

initial comments is granted to and

including April 4, 1997. Reply

comments shall be filed on or before

May 5, 1997.

Lois D. Cashell,

Secretary.

[FR Doc. 97–2261 Filed 1–29–97; 8:45 am]

BILLING CODE 6717–01–M

SOCIAL SECURITY ADMINISTRATION

20 CFR Part 404

RIN 0960–AE30

Application of State Law in

Determining Child Relationship

AGENCY: Social Security Administration

(SSA).

ACTION: Proposed rule.

SUMMARY: We are proposing to revise

our rules on determining whether a

natural child has inheritance rights

under appropriate State law and

therefore may be entitled to Social

Security benefits as the child of an

insured worker. Specifically, we

propose to revise our rules to explain

which version of State law we will

apply, depending on whether the

insured is living or deceased, how we

will apply State law requirements on

time limits for determining inheritance

rights, and how we will apply State law

requirements for a court determination

of paternity. We are also proposing to

clarify our current rule on determining

an applicant’s status as a legally

adopted child of an insured individual.

DATES: Your comments will be

considered if we receive them no later

than March 31, 1997.

ADDRESSES: Comments should be

submitted in writing to the

Commissioner of Social Security, P.O.

Box 1585, Baltimore, MD 21235, sent by

telefax to (410) 966–2830, sent by E-mail

to ‘‘regulations@ssa.gov,’’ or delivered

to the Division of Regulations and

Rulings, Social Security Administration,

3–B–1 Operations Building, 6401

Security Boulevard, Baltimore, MD

21235, between 8:00 a.m. and 4:30 p.m.

on regular business days. Comments

received may be inspected during these

same hours by making arrangements

with the contact person shown below.

FOR FURTHER INFORMATION CONTACT: Lois

Berg, Legal Assistant, Division of

Regulations and Rulings, Social Security

Administration, 3–B–1 Operations

Building, 6401 Security Boulevard,

Baltimore, MD 21235, (410) 965–1713.

SUPPLEMENTARY INFORMATION:

Time for Determining Relationship of

Natural Child

Section 216(h)(2)(A) of the Social

Security Act (the Act) states in part that

in determining whether an applicant is

the child of a deceased insured

individual, the Commissioner shall

apply such law as would be applied in

determining the devolution of intestate

personal property by the courts of the

State in which the insured individual

was domiciled at the time of his or her

death. A child of a valid marriage has

inheritance rights under the laws of all

States.

When determining the relationship of

an illegitimate child to a deceased

insured person under section

216(h)(2)(A), we have always looked to

the law that was in effect in the

insured’s State of domicile at the time

he or she died. Some Federal courts

have also interpreted the provision this

way. See Schaefer on behalf of Schaefer,

792 F.2d 81 (7th Cir. 1986); Ramon v.

Califano, 493 F. Supp. 158 (W.D. Tex.

1980); and Allen v. Califano, 452 F.

Supp. 205 (D. Md. 1978).

Other courts have adopted different

interpretations. For example, in Owens

v. Schweiker, 692 F.2d 80 (9th Cir.

1982), the court held that section

216(h)(2)(A) should be read to require

the use of the State law of domicile that

was in effect at the time of the

Secretary’s determination on the child’s

claim. We, therefore, published a final

rule (49 FR 21512) on May 22, 1984,

amending § 404.354 of our regulations

to clarify and reinforce our policy on

applying State inheritance laws.

However, after we amended our

regulations, we also published

Acquiescence Ruling (AR) 86–17(9) to

clarify that we would apply the Owens

decision to claims of children residing

in the 9th Circuit. (When these