Federal Register / Vol. 77, No. 219 / Tuesday, November 13, 2012 / Notices 67725 

ACTION: Notice of Rescission of Social 

Security Acquiescence Ruling 05–1(9)— 

Gillett-Netting v. Barnhart, 371 F.3d 593 

(9th Cir. 2004). 

SUMMARY: 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 http:// 

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 

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) 

Dated: November 5, 2012. 

Michael J. Astrue, 

Commissioner of Social Security. 

[FR Doc. 2012–27447 Filed 11–9–12; 8:45 am] 

BILLING CODE 4191–02–P 

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 

DEPARTMENT OF STATE 

[Delegation of Authority No. 346] 

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 


srobinson on DSK4SPTVN1PROD with 
67726 Federal Register / Vol. 77, No. 219 / Tuesday, November 13, 2012 / Notices 

States, including the State Department 

Basic Authorities Act, as amended (22 

U.S.C. 2651a), Section 5(a) of the Tom 

Lantos Block Burmese Junta’s AntiDemocratic Efforts (JADE) Act of 2008 

(Pub. L. 110–286), Presidential 

Memorandum of August 29, 2012, I 

hereby delegate to the Assistant 

Secretary for East Asian and Pacific 

Affairs, to the extent authorized by law, 

the authority under Section 5(a)(2) to 

waive the visa bans imposed pursuant 

to Section 5(a)(1) of Public Law 110– 

286. 

Any act, executive order, regulation, 

or procedure subject to, or affected by, 

this delegation shall be deemed to be 

such act, executive order, regulation, or 

procedure as amended from time to 

time. 

Notwithstanding this delegation of 

authority, the Secretary, the Deputy 

Secretary, or the Deputy Secretary for 

Management and Resources may at any 

time exercise any authority or function 

delegated by this delegation of 

authority. 

This document shall be published in 

the Federal Register. 

Dated: September 29, 2012. 

Hillary Rodham Clinton, 

Secretary of State. 

[FR Doc. 2012–27547 Filed 11–9–12; 8:45 am] 

BILLING CODE 4710–30–P 

DEPARTMENT OF STATE 

[Public Notice 8086] 

Department of State: State Department 

Sanctions Information and Guidance 

AGENCY: Department of State. 

ACTION: Policy guidance. 

SUMMARY: The Department of State is 

publishing information and guidance for 

the public addressing the State 

Department’s sanctions authorities, 

including under the Iran Sanctions Act, 

as amended, certain Executive Orders 

related to Iran sanctions, section 106 of 

the Comprehensive Iran Sanctions, 

Accountability and Divestment Act of 

2010 (CISADA) and certain related 

provisions of law, and certain statutes 

and Executive Orders related to 

terrorism and weapons of mass 

destruction. 

DATES: The Department of State will 

accept comments on the Guidance on 

Iran Sanctions and the Guidance on 

Sensitive Technology until January 12, 

2013. 

ADDRESSES: Interested parties may 

submit comments within 60 days of the 

date of the publication by any email at 

sanctions@state.gov with the subject 

line, ‘‘Sanctions Guidance’’. 

SUPPLEMENTARY INFORMATION: The 

Secretary of State has legal authority to 

make determinations regarding 

sanctions on individuals and entities 

that meet certain criteria in three areas 

that are important to the national 

security, foreign policy, and economy of 

the United States: certain activities 

related to Iran; certain activities related 

to weapons proliferation; and certain 

activities related to global terrorism. 

This notice includes policy guidance 

outlining the State Department’s 

authorities under the Iran Sanctions 

Act, as amended, and related Executive 

Orders (EOs); provides guidelines to 

further describe the technologies that 

may be considered ‘‘sensitive 

technology’’ for purposes of section 106 

of CISADA, as required under section 

412 of the Iran Threat Reduction and 

Syria Human Rights Act of 2012, and 

other related provisions of law; and 

provides information on the State 

Department’s authorities under certain 

other EOs and statutory provisions 

related to terrorism and weapons of 

mass destruction. 

I. Guidance on Iran Sanctions 

Iran Sanctions Act. Section 5(a) of the 

Iran Sanctions Act of 1996 (ISA) (Pub. 

L. 104–172) (50 U.S.C. 1701 note), as 

amended, including by the 

Comprehensive Iran Sanctions, 

Accountability, and Divestment Act of 

2010 (CISADA) (Pub. L. 111–195) (22 

U.S.C. 8501 et seq.), and most recently 

by the Iran Threat Reduction and Syria 

Human Rights Act of 2012 (TRA) (Pub. 

L. 112–158), requires that the President 

impose or waive sanctions on persons, 

and certain affiliated persons, that are 

determined to have knowingly engaged 

in specified activities. The President has 

delegated the responsibility to make 

these determinations to the Secretary of 

State. As such, the Secretary of State is 

required to impose or waive sanctions 

on persons, including certain affiliated 

persons, that the Secretary of State 

determines have: (1) Made certain 

investments in Iran’s energy sector; (2) 

provided to Iran certain goods, services, 

or technology for Iran’s refined 

petroleum sector; (3) provided certain 

refined petroleum products to Iran or 

provided goods, services, technology, 

information, or support for refined 

petroleum imports into Iran; (4) entered 

into certain types of joint ventures 

involving the development of petroleum 

resources outside of Iran; (5) contributed 

to the maintenance or enhancement of 

Iran’s development of petroleum 

resources and refined petroleum 

products; (6) contributed to the 

maintenance or expansion of Iran’s 

production of petrochemical products; 

(7) been connected in certain ways with 

a vessel used to transport crude oil from 

Iran (with certain exceptions made for 

transactions related to the transportation 

of crude oil from Iran to countries that 

the Secretary of State has determined 

qualified for an exception to sanctions 

under section 1245(d)(4)(D) of the 

National Defense Authorization Act for 

Fiscal Year 2012, Public Law 112–81, as 

amended); or (8) been connected in 

certain ways with a vessel that conceals 

the Iranian origin of the crude oil or 

refined petroleum products. 

There is an exception, outlined in 

section 5(a)(9) of ISA, as amended, to 

sanctions applicable to categories (7) 

and (8) above for persons that provide 

underwriting services or insurance or 

reinsurance if the Secretary of State 

determines that the person has 

exercised due diligence in establishing 

and enforcing official policies, 

procedures, and controls to ensure that 

the person does not provide 

underwriting services or insurance or 

reinsurance for the transportation of 

crude oil or refined petroleum products 

from Iran in a manner for which 

sanctions may be imposed under either 

of those sections. In addition to this 

exception, all persons involved in 

activities in high-risk sectors should 

consider implementing enhanced due 

diligence in order to minimize the risks 

of inadvertently becoming engaged in a 

sanctionable transaction. This could 

include, but is not limited to, 

confirming that transactions in these 

sectors do not involve an entity owned 

or controlled by Iran or that Iran is not 

otherwise connected to any entities in 

the commercial transactions, including 

by reviewing the Office of Foreign 

Assets Control’s Specially Designated 

Nationals and Blocked Persons (SDN) 

List; searching commercial databases 

and verifying ownership structures of 

unknown companies; and, in the case of 

transportation or insurance of crude oil 

and petroleum products, verifying that 

Iran is not the origin of the cargo. 

Persons with questions on sections 

5(a)(7)–(9) of ISA, as amended, should 

contact the State Department’s Office of 

Sanctions Policy and Implementation in 

the Bureau of Economic and Business 

Affairs at eb-iransanctions@state.gov or 

at: (202) 647–7489. 

Section 5(b) of ISA, as amended, 

requires the Secretary of State to impose 

or waive sanctions on persons, and 

certain affiliated persons, that are 

determined to have: (1) Exported or 

transferred goods, services, technology, 

or other items that would contribute 


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