[Federal Register Volume 59, Number 127 (Tuesday, July 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16115]


[[Page Unknown]]

[Federal Register: July 5, 1994]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AG81

 

Active Military Service Certified Under Section 401 of Public Law 
95-202

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: The Department of Veterans Affairs (VA) has amended its 
regulations concerning persons who are included as having served on 
active duty. The need for this action results from recent decisions of 
the Secretary of the Air Force that the service of the group known as 
``U.S. Civilian Flight Crew and Aviation Ground Support Employees of 
Northwest Airlines, Who Served Overseas as a Result of Northwest 
Airline's Contract with the Air Transport Command during the Period 
December 14, 1941 through August 14, 1945,'' and the group known as 
``U.S. Civilian Female Employees of the U.S. Army Nurse Corps While 
Serving in the Defense of Bataan and Corregidor during the Period 
January 2, 1942 to February 3, 1945,'' constitutes active military 
service in the Armed Forces of the United States for purposes of all 
laws administered by VA. The effect of this action is to confer veteran 
status for VA benefit purposes on former members of these groups who 
were discharged under honorable conditions.

EFFECTIVE DATE: The effective date is December 13, 1993, the date on 
which the Secretary of the Air Force determined that such service 
constitutes active duty.

FOR FURTHER INFORMATION CONTACT: Paul Trowbridge, Consultant, 
Regulations Staff, Compensation and Pension Service, Veterans Benefits 
Administration, 810 Vermont Avenue NW., Washington, DC 20420, telephone 
(202) 273-7210.

SUPPLEMENTARY INFORMATION: Section 401 of Public Law 95-202 authorized 
the Secretary of Defense to determine whether the service of members of 
civilian or contractual groups shall be considered active duty for the 
purposes of all laws administered by VA.
    A notice of certification of the following group by the Secretary 
of the Air Force appeared in the Federal Register of January 4, 1994 
(59 FR 297): U.S. Civilian Flight Crew and Aviation Ground Support 
Employees of Northwest Airlines, Who Served Overseas as a Result of 
Northwest Airline's Contract with the Air Transport Command during the 
Period December 14, 1941 through August 14, 1945.
    A notice of certification of the following group by the Secretary 
of the Air Force appeared in the Federal Register of January 4, 1994 
(59 FR 298): U.S. Civilian Female Employees of the U.S. Army Nurse 
Corps While Serving in the Defense of Bataan and Corregidor During the 
Period January 2, 1942 to February 3, 1945.
    VA is issuing a final rule to amend the provisions of 38 CFR 
3.7(x). Because this change implements determinations of the Secretary 
of the Air Force in accordance with Public Law 95-202, which are 
binding on VA, publication as a proposal is unnecessary.
    Since a notice of proposed rulemaking is unnecessary and will not 
be published, this amendment is not a ``rule'' as defined in and made 
subject to the Regulatory Flexibility Act (RFA), 5 U.S.C. 601(2). In 
any case, this regulatory amendment will not have a significant 
economic impact on a substantial number of small entities as they are 
defined in the RFA, 5 U.S.C. 601-612. This amendment will not directly 
affect any small entity.
    There is no affected Catalog of Federal Domestic Assistance program 
number.

List of Subjects in 38 CFR Part 3

    Administrative practice and procedure, Claims, Handicapped, Health 
care, Pensions, Veterans.

    Approved: June 10, 1994.
Jesse Brown,
Secretary of Veterans Affairs.

    For the reasons set forth in the preamble, 38 CFR part 3 is amended 
to read as follows:

PART 3--ADJUDICATION

Subpart A--Pension, Compensation, and Dependency and Indemnity 
Compensation

    1. The authority citation for part 3, subpart A continues to read 
as follows:

    Authority: 38 U.S.C. 501(a), unless otherwise noted.

    2. In Sec. 3.7, remove the authority citation that appears after 
paragraph (x)(23) and insert new paragraphs (x)(27) and (x)(28) and an 
authority citation to read as follows:


Sec. 3.7  Persons included.

* * * * *
    (x) Active military service certified as such under section 401 of 
Pub. L. 95-202. * * *
    (27) U.S. Civilian Flight Crew and Aviation Ground Support 
Employees of Northwest Airlines, Who Served Overseas as a Result of 
Northwest Airline's Contract with the Air Transport Command during the 
Period December 14, 1941 through August 14, 1945.
    (28) U.S. Civilian Female Employees of the U.S. Army Nurse Corps 
While Serving in the Defense of Bataan and Corregidor During the Period 
January 2, 1942 to February 3, 1945.

(Authority: Sec. 401, Pub. L. 95-202, 91 Stat. 1450)

[FR Doc. 94-16115 Filed 7-1-94; 8:45 am]
BILLING CODE 8320-01-P