[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]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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]
BILLING CODE 8320-01-P