[Federal Register Volume 71, Number 97 (Friday, May 19, 2006)]
[Rules and Regulations]
[Pages 29080-29082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4671]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AM39


Individuals and Groups Considered To Have Performed Active 
Military, Naval, or Air Service

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: The Department of Veterans Affairs (VA) is amending its 
regulation governing individuals and groups considered to have 
performed active military, naval, or air service. More

[[Page 29081]]

specifically, VA is expanding the regulation to include additional 
groups considered to have served on active military service. The need 
for this action results from recent decisions by the Secretary of the 
Air Force, and by Congress in the Department of Defense Appropriations 
Act, 2001, expanding the categories of people considered to have 
performed active military service. The effect of these actions is to 
confer veteran status for VA benefit purposes on former members of 
these groups discharged under honorable conditions. VA also is amending 
references to three groups already included in our regulation in order 
to clarify which persons are members of these groups.

DATES: Effective Date: This final rule is effective May 19, 2006.
    Applicability Dates: See SUPPLEMENTARY INFORMATION section for 
applicability dates for each new and revised group considered to have 
performed active military service.

FOR FURTHER INFORMATION CONTACT: Bill Russo, Chief, Policy and 
Regulations Staff, Compensation and Pension Service, Veterans Benefits 
Administration, Department of Veterans Affairs, 810 Vermont Avenue, 
NW., Washington, DC 20420, (202) 273-7210.

SUPPLEMENTARY INFORMATION: Section 401 of Public Law 95-202, The GI 
Bill Improvement Act of 1977, authorized the Secretary of Defense to 
determine whether the service of members of civilian or contractual 
groups should be considered active duty for the purposes of all laws 
administered by VA. In Department of Defense Directive 1000.20, 
September 11, 1989, the Secretary of Defense delegated this authority 
to the Secretary of the Air Force. In the Federal Register on October 
1, 1999 (64 FR 53364-65), and October 21, 1999 (64 FR 56773-74), the 
Secretary of the Air Force published notices stating that the service 
of the members of the following three groups shall be considered 
``active duty'' under the provisions of Public Law 95-202 for the 
purposes of all laws administered by VA: the group described as the 
``three scouts/guides,'' Miguel Tenorio, Penedicto Taisacan, and 
Cristino Dela Cruz, who assisted the U.S. Marines in the offensive 
operations against the Japanese on the Northern Mariana Islands from 
June 19, 1944, through September 2, 1945; the approximately 50 Chamorro 
and Carolinian former native policemen, who received military training 
in the Donnal area of central Saipan and were placed under the command 
of Lt. Casino of the 6th Provisional Military Police Battalion to 
accompany United States Marines on active combat-patrol activity from 
August 19, 1945, to September 2, 1945; and the Operational Analysis 
Group of the Office of Scientific Research and Development, Office of 
Emergency Management, which served overseas with the U.S. Army Air 
Corps from December 7, 1941, through August 15, 1945. We are including 
these three groups in 38 CFR 3.7(x).
    In section 8147 of the Department of Defense Appropriations Act, 
2001, Congress determined that service as a member of the Alaska 
Territorial Guard during World War II of any individual who was 
honorably discharged shall be considered active duty for the purposes 
of all laws administered by the Secretary of VA. In 38 CFR 3.7(y), we 
are including this group to be considered as having performed active 
military service.
    In 38 CFR 3.7(x), we are also including additional information 
concerning three groups already recognized. The first group is 
``Civilian Crewmen of the United States Coast and Geodetic Survey 
(USCGS) vessels, Who Performed Their Service * * * Within a Time Frame 
of December 7, 1941, to August 15, 1945.'' The Secretary of the Air 
Force has added three previously omitted vessels, Oceanographer, 
Hydrographer, and Pathfinder, to the list of qualifying vessels upon 
which members of these groups must have served, 57 FR 24600, June 10, 
1992; the revised regulation lists all qualifying vessels. We have 
amended the title of the group ``Engineer Field Clerks'' to the more 
complete ``Engineer Field Clerks (WWI).'' 44 FR 55622, September 27, 
1979. The third group is ``U.S. Civilian Flight Crew and Aviation 
Ground Support Employees of Transcontinental and Western Air (TWA), 
Inc., Who Served Overseas as a Result of TWA's Contract with the Air 
Transport Command During the Period December 14, 1941, through August 
14, 1945.'' On February 21, 2003, the Secretary of the Air Force 
determined that ``Flight Crew'' includes pursers. 68 FR 11068, March 7, 
2003.
    VA will apply the new and revised provisions in determining veteran 
status for periods on and after (1) the date the Secretary of Defense 
determined that the service of the group constituted active military 
service, or (2) the date the public law certifying such service took 
effect. Accordingly, the applicability date for members of the 
approximately 50 Chamorro and Carolinian former native policemen is 
September 30, 1999, the date on which the Secretary of the Air Force 
determined that such service constituted active duty. The applicability 
date for the three scouts/guides, Miguel Tenorio, Penedicto Taisacan, 
and Cristino Dela Cruz, is also September 30, 1999. The applicability 
date for the Operational Analysis Group of the Office of Scientific 
Research and Development, Office of Emergency Management is August 27, 
1999. The applicability date for members of the Alaska Territorial 
Guard is August 9, 2000, the date on which Congress enacted The 
Department of Defense Appropriations Act, 2001. The applicability date 
for the Civilian Crewmen of the United States Coast and Geodetic Survey 
vessels is April 8, 1991; the applicability date for the Engineer Field 
Clerks is August 31, 1979; and the applicability date for the U.S. 
Civilian Flight Crew and Aviation Ground Support Employees of TWA is 
May 13, 1992.

Administrative Procedure Act

    Because this amendment merely reflects determinations previously 
announced by the Secretary of the Air Force and by Congress, and 
establishes no new requirements, publication as a proposal for public 
notice and comment is unnecessary. Accordingly, there is a basis for 
dispensing with prior notice and comment and the delayed effective date 
provisions of 5 U.S.C. 553.

Paperwork Reduction Act

    This document contains no provisions constituting a collection of 
information under the Paperwork Reduction Act (44 U.S.C. 3501-3521).

Regulatory Flexibility Act

    Because no notice of proposed rulemaking is required in connection 
with the adoption of this final rule, no regulatory flexibility 
analysis is required under the Regulatory Flexibility Act (5 U.S.C. 
601-612). Even so, the Secretary hereby 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 Regulatory Flexibility Act.

Executive Order 12866

    Executive Order 12866 directs agencies to assess all costs and 
benefits of available regulatory alternatives and, when regulation is 
necessary, to select regulatory approaches that maximize net benefits 
(including potential economic, environmental, public health and safety, 
and other advantages; distributive impacts; and equity). The Order 
classifies a rule as a significant regulatory action requiring review 
by the Office of Management and Budget if it meets any one of a number 
of specified conditions, including: Having an annual effect on the 
economy of $100

[[Page 29082]]

million or more, creating a serious inconsistency or interfering with 
an action of another agency, materially altering the budgetary impact 
of entitlements or the rights of entitlement recipients, or raising 
novel legal or policy issues. VA has examined the economic, legal, and 
policy implications of this final rule and has concluded that it is not 
a significant regulatory action under Executive Order 12866.

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 
1532, that agencies prepare an assessment of anticipated costs and 
benefits before issuing any rule that may result in the expenditure by 
State, local, and tribal governments, in the aggregate, or by the 
private sector, of $100 million or more (adjusted annually for 
inflation) in any year. This final rule would have no such effect on 
State, local, and tribal governments, or on the private sector.

Catalog of Federal Domestic Assistance Numbers and Titles

    The Catalog of Federal Domestic Assistance program numbers and 
titles for this proposal are 64.100, Automobiles and Adaptive Equipment 
for Certain Disabled Veterans and Members of the Armed Forces; 64.101, 
Burial Expenses Allowance for Veterans; 64.102, Compensation for 
Service-Connected Deaths for Veterans' Dependents; 64.104, Pension for 
Non-Service-Connected Disability for Veterans; 64.105, Pension to 
Veterans Surviving Spouses, and Children; 64.106, Specially Adapted 
Housing for Disabled Veterans; 64.109, Veterans Compensation for 
Service-Connected Disability; and 64.110, Veterans Dependency and 
Indemnity Compensation for Service-Connected Death.

List of Subjects in 38 CFR Part 3

    Administrative practice and procedure, Claims, Disability benefits, 
Health care, Pensions, Radioactive materials, Veterans, Vietnam.

    Approved: May 8, 2006.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.


0
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

0
1. The authority citation for part 3, subpart A, continues to read as 
follows:

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


0
2. Section 3.7 is amended by:
0
a. Revising paragraphs (x)(3), (x)(20), and (x)(23).
0
b. Adding paragraphs (x)(31) through (x)(33) immediately after 
paragraph (x)(30).
0
c. Removing the second authority citation that appears at the end of 
paragraph (x).
0
d. Adding paragraph (y) immediately after the authority citation at the 
end of paragraph (x).
    The revisions and additions read as follows:


Sec.  3.7  Individuals and groups considered to have performed active 
military, naval, or air service.

* * * * *
    (x) * * *
    (3) Engineer Field Clerks (WWI).
* * * * *
    (20) Civilian Crewmen of United States Coast and Geodetic Survey 
(USCGS) Vessels Who Performed Their Service in Areas of Immediate 
Military Hazard While Conducting Cooperative Operations with and for 
the United States Armed Forces Within a Time Frame of December 7, 1941, 
to August 15, 1945 on a qualifying USCGS vessel. Qualifying USCGS 
vessels are the Derickson, Explorer, Gilbert, Hilgard, E. Lester Jones, 
Lydonia, Patton, Surveyor, Wainwright, Westdahl, Oceanographer, 
Hydrographer, and Pathfinder.
* * * * *
    (23) U.S. Civilian Flight Crew and Aviation Ground Support 
Employees of Transcontinental and Western Air (TWA), Inc., Who Served 
Overseas as a Result of TWA's Contract with the Air Transport Command 
During the Period December 14, 1941, through August 14, 1945. The 
``Flight Crew'' includes pursers.
* * * * *
    (31) The approximately 50 Chamorro and Carolinian former native 
policemen who received military training in the Donnal area of central 
Saipan and were placed under the command of Lt. Casino of the 6th 
Provisional Military Police Battalion to accompany United States 
Marines on active, combat-patrol activity from August 19, 1945, to 
September 2, 1945.
    (32) Three scouts/guides, Miguel Tenorio, Penedicto Taisacan, and 
Cristino Dela Cruz, who assisted the United States Marines in the 
offensive operations against the Japanese on the Northern Mariana 
Islands from June 19, 1944, through September 2, 1945.
    (33) The Operational Analysis Group of the Office of Scientific 
Research and Development, Office of Emergency Management, which served 
overseas with the U.S. Army Air Corps from December 7, 1941, through 
August 15, 1945.
* * * * *
    (y) Alaska Territorial Guard: Members of the Alaska Territorial 
Guard during World War II who were honorably discharged from such 
service as determined by the Secretary of Defense.


    Authority: 38 U.S.C 106(f).

[FR Doc. 06-4671 Filed 5-18-06; 8:45 am]
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