[Federal Register Volume 63, Number 3 (Tuesday, January 6, 1998)]
[Rules and Regulations]
[Page 413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-176]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 3
RIN 2900-AI91
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: This document amends the Department of Veterans Affairs (VA)
adjudication regulations concerning persons who are included as having
served on active duty. This action is necessary because the Secretary
of the Air Force has determined that the service of two groups known as
``U.S. Flight Crew and Aviation Ground Support Employees of Northeast
Airlines Atlantic Division, Who Served Overseas as a Result of
Northeast Airlines' Contract With the Air Transport Command During the
Period December 7, 1941, Through August 14, 1945'' and ``U.S. Civilian
Flight Crew and Aviation Ground Support Employees of Braniff Airways,
Who Served Overseas in the North Atlantic or Under the Jurisdiction of
the North Atlantic Wing, Air Transport Command (ATC), as a Result of a
Contract With the ATC During the Period February 26, 1942, Through
August 14, 1945'' constitutes active military service in the Armed
Forces of the United States. The intended effect of this amendment is
to reflect eligibility of members of these groups for VA benefits.
EFFECTIVE DATE: June 2, 1997.
FOR FURTHER INFORMATION CONTACT: John Bisset, Jr., Consultant,
Regulations Staff, Compensation and Pension Service, Veterans Benefits
Administration, 810 Vermont Avenue, NW, Washington, DC 20420, telephone
(202) 273-7230.
SUPPLEMENTARY INFORMATION: Section 401 of Pub. L. 95-202 states that
under certain circumstances the service of certain groups that had
rendered service to the Armed Forces of the United States in the
capacity of civilian employment or contractual service shall be
considered active duty for the purposes of all laws administered by VA.
In order for members of such a group to be eligible for VA benefits,
the Secretary of Defense, or his or her designee, must determine that
the service of the group constituted active military service and issue
discharges to members of the group.
In the Federal Register of July 7, 1997 (62 FR 36263-64), the
Secretary of the Air Force published a notice that she had determined
that for VA purposes the service of two groups constituted active
military service: the U.S. Flight Crew and Aviation Ground Support
Employees of Northeast Airlines Atlantic Division, Who Served Overseas
as a Result of Northeast Airlines' Contract With the Air Transport
Command During the Period December 7, 1941, Through August 14, 1945,
and U.S. Civilian Flight Crew and Aviation Ground Support Employees of
Braniff Airways, Who Served Overseas in the North Atlantic or Under the
Jurisdiction of the North Atlantic Wing, Air Transport Command (ATC),
as a Result of a Contract With the ATC During the Period February 26,
1942, Through August 14, 1945. Under these circumstances, members of
these groups are eligible for VA benefits. The effective date of the
determination by the Secretary of the Air Force was June 2, 1997.
Accordingly, this document amends 38 CFR 3.7(x) to recognize that the
service of these groups constitutes active military service for the
purposes of laws administered by VA.
Additionally, we have amended the heading and introductory text of
38 CFR 3.7 to make it easier for interested individuals to clearly
identify the topic of the regulations. These are not substantive
changes.
This document reflects determinations totally within the purview of
the Secretary of the Air Force and also reflects statutory
determinations. In addition, this document contains other changes which
are nonsubstantive. Under these circumstances, the changes made by this
document are exempt from the notice-and-comment and from the delayed-
effective-date provisions of 5 U.S.C. 553.
Since a notice of proposed rulemaking is unnecessary, this
amendment is not a ``rule'' as defined in and made subject to the
Regulatory Flexibility Act (RFA), 5 U.S.C. 601(2). Nonetheless, the
Secretary certifies that this final rule 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 final rule will not 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, Disability benefits,
Health care, Pensions, Veterans, Vietnam.
Approved: December 23, 1997.
Hershel W. Gober,
Acting Secretary of Veterans Affairs.
For the reasons set forth in the preamble, 38 CFR part 3 is amended
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, the section heading and introductory text are
revised and new paragraphs (x)(29) and (x)(30) are added to read as
follows:
Sec. 3.7 Individuals and groups considered to have performed active
military, naval, or air service.
The following individuals and groups are considered to have
performed active military, naval, or air service:
* * * * *
(x) * * *
(29) U.S. Flight Crew and Aviation Ground Support Employees of
Northeast Airlines Atlantic Division, Who Served Overseas as a Result
of Northeast Airlines' Contract With the Air Transport Command During
the Period December 7, 1941, Through August 14, 1945.
(30) U.S. Civilian Flight Crew and Aviation Ground Support
Employees of Braniff Airways, Who Served Overseas in the North Atlantic
or Under the Jurisdiction of the North Atlantic Wing, Air Transport
Command (ATC), as a Result of a Contract With the ATC During the Period
February 26, 1942, Through August 14, 1945.
(Authority: Sec. 401, Pub. L. 95-202, 91 Stat. 1449)
[FR Doc. 98-176 Filed 1-5-98; 8:45 am]
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