[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