Federal Register / Vol. 63, No. 3 / Tuesday, January 6, 1998 / Rules and Regulations 413

income annuity authorized under Public

Law 92–425 as amended to any other

countable income, no amount of

pension is due.

(d) Termination. Other than as

provided in paragraph (c) of this

section, if a beneficiary receiving the

minimum income annuity becomes

ineligible for pension, VA will terminate

the minimum income annuity effective

the same date.

(Authority: Pub. L. 92–425 as amended (10

U.S.C. 1448 note); Sec. 638, Pub. L. 104–201,

110 Stat. 2581)

[FR Doc. 98–179 Filed 1–5–98; 8:45 am]

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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.

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 noticeand-comment and from the delayedeffective-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 § 3.7, the section heading and

introductory text are revised and new

paragraphs (x)(29) and (x)(30) are added

to read as follows:

§ 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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