[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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]
BILLING CODE 8320-01-P