Active Military Service Certified Under Section 401 of Public Law 95-202

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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