27944 Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Notices

2 The court considered the following leading

cases: Reed v. Campbell, 476 U.S. 852 (1986) and

Henson v. Jarmon, 758 S.W.2d 368 (Tex. Ct. App.

1988).

Secretary must determine the time at

which the state fixes intestate rights and

must apply the statute that would be

applied by the state’s courts.’’

After reviewing the leading cases on

whether Texas courts would

retroactively apply amendments to

Texas intestacy law that provide ‘‘a new

or additional method by which an

illegitimate child may establish its

rights of inheritance from the natural

father,’’ the circuit court concluded that

Texas courts would have applied the

1987 amendment in determining

Amanda DeSonier’s inheritance rights.2

The court therefore held that SSA erred

by not considering the 1987 amendment

and that Amanda DeSonier’s status

under section 216(h)(2)(A) ‘‘should have

been determined by applying the 1987

amendment.’’

Statement As To How DeSonier 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

regulations (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 DeSonier court held that SSA is

required to apply the State intestacy law

in force at the time of SSA’s

determination or decision in the manner

in which it would be applied by State

courts.

Explanation of How SSA Will Apply

The DeSonier Decision Within The

Circuit

This Ruling applies only to cases

involving an applicant for child’s

benefits who resides in Kentucky,

Michigan, Ohio or Tennessee at the time

of the determination or decision at any

administrative level, i.e., initial,

reconsideration, ALJ hearing or Appeals

Council.

In a claim for surviving child’s

benefits involving section 216(h)(2)(A)

of the Act (42 U.S.C. 416(h)(2)(A)), to

determine the right of the child to

inherit under the intestacy law in the

State of the worker’s domicile at the

time of death, adjudicators must

consider all changes in the State law

through the time of the determination or

decision at any level of administrative

review, i.e., initial, reconsideration, ALJ

hearing or Appeals Council review, to

determine the child’s entitlement to

benefits. In cases where the State law

has changed, SSA must determine at the

time of the determination or decision

which State laws would be applied by

State courts to fix intestate inheritance

rights and must apply amendments to

State intestacy laws in the same manner

as the State courts would apply the

changes.

[FR Doc. 96–13806 Filed 5–31–96; 8:45 am]

BILLING CODE 4190-29-F

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Extension of Draft Clean Air

Act; General Conformity

Determination; Comment Period for

Seattle-Tacoma International Airport,

Seattle, WA

ACTION: The Federal Aviation

Administration, Airports Division,

Northwest Mountain Region and the

Port of Seattle, Seattle, Washington,

announce an extension (to June 6, 1996)

of the Public and agency comment

period associated with the Draft General

Conformity Determination prepared as

specified in section 176(c) (42 USC

7506c) of the Clean Air Act

Amendments of 1990. The Draft General

Conformity Determination, and

supporting documentation is contained

in the February 1996, Final

Environmental Impact Statement,

Master Plan Update, Seattle-Tacoma

International Airport.

This comment period extension

applies only to comments pertaining

exclusively to the Draft General

Conformity Determination and no other

issues. Comments on other issues will

not be accepted or addressed.

Comments may be directed to: Mr.

Dennis Ossenkop, Northwest Mountain

Region, Airports Division, Federal

Aviation Administration, 1601 Lind

Avenue, SW., Renton, Washington

98055–4056. Comments must be

received by June 6, 1996.

Issued in Renton, Washington, on May 22,

1996.

Lowell H. Johnson,

Manager, Airports Division, Federal Aviation

Administration, Northwest Mountain Region

Renton, Washington.

[FR Doc. 96–13775 Filed 5–31–96; 8:45 am]

BILLING CODE 4910–13–M

Notice of Intent To Rule on Application

To Use the Revenue From a Passenger

Facility Charge (PFC) at Blue Grass

Airport, Lexington, KY

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of intent to rule on

application.

SUMMARY: The FAA proposes to rule and

invites public comment on the

application to use the revenue from a

PFC at Blue Grass Airport under the

provisions of the Aviation Safety and

Capacity Expansion Act of 1990 (Title

IX of the Omnibus Budget

Reconciliation Act of 1990) (Pub. L.

101–508) and part 158 of the Federal

Aviation Regulations (14 CFR part 158).

DATES: Comments must be received on

or before July 3, 1996.

ADDRESSES: Comments on this

application may be mailed or delivered

in triplicate to the FAA at the following

address: Memphis Airports District

Office, 2851 Directors Cove, Suite #3,

Memphis, TN 38131–0301.

In addition, one copy of any

comments submitted to the FAA must

be mailed or delivered to Mr. Michael

Flack, Executive Director of the Blue

Grass Airport at the following address:

Lexington Fayette Urban County Airport

Board, 4000 Versailles Road, Lexington,

KY 40510.

Air carriers and foreign air carriers

may submit copies of written comments

previously provided to the Blue Grass

Airport under § 158.23 of part 158.

FOR FURTHER INFORMATION CONTACT:

Southern Region, Memphis Airports

District office, Cynthia K. Wills,

Planner, 2851 Directors Cove, Suite #3,

Memphis, TN 38131–0301, (901) 544–

3495. The application may be reviewed

in person at this location.

SUPPLEMENTARY INFORMATION: The FAA

proposes to rule and invites public

comment on the application to use the

revenue from a PFC at Blue Grass

Airport under provisions of the Aviation

Safety and Capacity Expansion Act of

1990 (Title IX of the Omnibus Budget

Reconciliation Act of 1990) (Pub. L.

101–508) and part 158 of the Federal

Aviation Regulations (14 CFR part 158).

On May 23, 1996, the FAA

determined that the application to use

the revenue from a PFC submitted by

Lexington Fayette Urban County Airport

Board was substantially complete

within the requirements of § 158.25 of

part 158. The FAA will approve or

disapprove the application, in whole or

in part, no later than September 13,

1996.

The following is a brief overview of

the application.