Duty Periods for Establishing Eligibility for Health Care, 78258-78263 [2013-30775]
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Federal Register / Vol. 78, No. 248 / Thursday, December 26, 2013 / Rules and Regulations
representing multiple copyright owners
should be able to file an audit notice on
behalf of its members. None of the other
parties objected to this, and, as
discussed in the prior Federal Register
notice, the Office included this
suggestion in its revised proposal. See
78 FR at 27139.
The Office finds there is good cause
for adopting this procedural rule
concerning notification of an intent to
audit as an interim rule and for making
the rule effective immediately. The
other issues presented in this
proceeding are numerous and complex.
The Office issued an initial notice of
proposed rulemaking that was based in
part on a proposal that the Office
received from a group of copyright
owners. See 77 FR at 35644. In response
to its initial proposal, the Office
received detailed comments from more
than a dozen stakeholders. It also
received a counterproposal for revising
nearly every aspect of the proposed
regulation. The Office addressed many
of these issues in a second notice of
proposed rulemaking, which was
published earlier this year. See 78 FR
27137. In response to this latest notice,
the Office received another round of
comments from nearly all of the parties
in this proceeding. All of these parties
raised issues of first impression that
were not addressed in the initial phase
of this proceeding. The Office is
studying these new issues and intends
to issue a final rule early next year. In
the meantime, the interim rule will
allow copyright owners to identify any
SOAs from accounting periods
beginning January 1, 2010 and later that
they intend to audit. At the same time,
it will provide licensees with advance
notice of the SOAs that will be subject
to audit when the final rule goes into
effect.
List of Subjects in 37 CFR Part 201
Copyright, General Provisions.
Interim Regulation
In consideration of the foregoing, the
U.S. Copyright Office amends part 201
of 37 CFR, as follows:
PART 201—GENERAL PROVISIONS
1. The authority citation for part 201
continues to read as follows:
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■
Authority: 17 U.S.C. 702.
Section 201.10 also issued under 17 U.S.C.
304.
2. Add new § 201.16 to read as
follows:
■
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§ 201.16 Verification of a Statement of
Account and royalty fee payments for
secondary transmissions made by cable
systems and satellite carriers.
(a) General. This section prescribes
procedures pertaining to the verification
of a Statement of Account and royalty
fees filed with the Copyright Office
pursuant to sections 111(d)(1) and
119(b)(1) of title 17 of the United States
Code.
(b) Definitions. As used in this
section:
(1) The term cable system has the
meaning set forth in § 201.17(b)(2).
(2) Copyright owner means any person
or entity that owns the copyright in a
work embodied in a secondary
transmission made by a statutory
licensee that filed a Statement of
Account with the Copyright Office for
an accounting period beginning on or
after January 1, 2010, or a designated
agent or representative of such person or
entity.
(3) The term satellite carrier has the
meaning set forth in 17 U.S.C. 119(d)(6).
(4) The term secondary transmission
has the meaning set forth in 17 U.S.C.
111(f)(2).
(5) Statement of Account or Statement
means a semiannual Statement of
Account filed with the Copyright Office
under 17 U.S.C. 111(d)(1) or 119(b)(1) or
an amended Statement of Account filed
with the Office pursuant to § 201.11(h)
or § 201.17(m) of this chapter.
(6) Statutory licensee or licensee
means a cable system or satellite carrier
that filed a Statement of Account with
the Office under 17 U.S.C. 111(d)(1) or
119(b)(1).
(c) Notice of intent to audit. (1) Any
copyright owner that intends to audit a
Statement of Account for an accounting
period beginning on or after January 1,
2010 must notify the Register of
Copyrights no later than three years
after the last day of the year in which
the Statement was filed with the Office.
The notice of intent to audit may be
filed by an individual copyright owner
or a designated agent that represents a
group or multiple groups of copyright
owners. The notice shall identify the
statutory licensee that filed the
Statement(s) with the Copyright Office,
the Statement(s) and accounting
period(s) that will be subject to the
audit, and the party that filed the notice,
including its name, address, telephone
number, facsimile number, and email
address. In addition, the notice shall
include a statement that the party owns,
or represents one or more copyright
owners that own, a work that was
embodied in a secondary transmission
made by the statutory licensee during
one or more of the accounting period(s)
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specified in the Statement(s) of Account
that will be subject to the audit. A copy
of the notice of intent to audit shall be
provided to the statutory licensee on the
same day that the notice is filed with
the Copyright Office. Within 30 days
after the notice has been received in the
Office, the Office will publish a notice
in the Federal Register announcing the
receipt of the notice of intent to audit.
(2) Within 30 days after a notice of
intent to audit a Statement of Account
is published in the Federal Register
pursuant to paragraph (c)(1) of this
section, any other copyright owner that
owns a work that was embodied in a
secondary transmission made by that
statutory licensee during an accounting
period covered by the Statement(s) of
Account referenced in the Federal
Register notice and that wishes to
participate in the audit of such
Statement(s) must provide written
notice of such participation to the
statutory licensee and to the party that
filed the notice of intent to audit. A
notice given pursuant to this paragraph
may be provided by an individual
copyright owner or a designated agent
that represents a group or multiple
groups of copyright owners, and shall
include all of the information specified
in paragraph (c)(1) of this section.
(3) Once a notice of intent to audit a
Statement of Account has been received
by the Office, a notice of intent to audit
that same Statement will not be
accepted for publication in the Federal
Register.
Dated: December 13, 2013.
Maria A. Pallante,
Register of Copyrights.
James H. Billington,
The Librarian of Congress.
[FR Doc. 2013–30776 Filed 12–24–13; 8:45 am]
BILLING CODE 1410–30–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 17
RIN 2900–AO25
Duty Periods for Establishing
Eligibility for Health Care
ACTION:
Final rule.
The Department of Veterans
Affairs (VA) is amending its medical
regulations concerning eligibility for
health care to re-establish the
definitions of ‘‘active military, naval, or
air service,’’ ‘‘active duty,’’ and ‘‘active
duty for training.’’ These definitions
were deleted in 1996; however, we
believe that all duty periods should be
SUMMARY:
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Federal Register / Vol. 78, No. 248 / Thursday, December 26, 2013 / Rules and Regulations
defined in part 17 of the Code of Federal
Regulations (CFR) to ensure proper
determination of eligibility for VA
health care. We are also providing a
more complete definition of ‘‘inactive
duty training.’’
DATES: Effective Date: This final rule is
effective January 27, 2014.
FOR FURTHER INFORMATION CONTACT:
Kristin J. Cunningham, Director,
Business Policy, Chief Business Office
(10NB6), Department of Veterans
Affairs, 810 Vermont Ave. NW.,
Washington, DC 20420; (202) 461–1599.
(This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: Section
101(2) of title 38 United States Code
(U.S.C.) defines the term ‘‘veteran’’ to
mean ‘‘a person who served in the
active military, naval, or air service, and
who was discharged or released
therefrom under conditions other than
dishonorable.’’ ‘‘Active military, naval,
or air service’’ includes ‘‘active duty’’
and certain periods of ‘‘active duty for
training’’ and ‘‘inactive duty training,’’
which are all defined in 38 U.S.C. 101.
See 38 U.S.C. 101(21)–(24). These terms
prescribe the type of service an
individual needs to have had in order to
be eligible for VA health care benefits
under 38 U.S.C. 1710 and 1705. On May
13, 1996, in 61 FR 21965, VA removed
and marked as reserved paragraphs (a)
through (c) of 38 CFR 17.31, which
contained the definitions of ‘‘active
military, naval, or air service,’’ ‘‘active
duty,’’ and ‘‘active duty for training,’’
and only retained paragraph (d), which
defines ‘‘inactive duty training.’’ A
reader of § 17.31 could conclude that no
other duty periods, aside from ‘‘inactive
duty training,’’ would qualify an
individual as eligible for VA medical
benefits. We are amending this oversight
by incorporating the 38 U.S.C. 101
definitions of ‘‘active military, naval, or
air service,’’ ‘‘active duty,’’ and ‘‘active
duty for training’’ into § 17.31 as
paragraphs (a) through (c). We are also
incorporating 38 U.S.C. 106, which
establishes certain other service as
active military service.
Under the provisions of Public Law
95–202, sec. 401 (1977), the Department
of Defense (DoD) can determine that the
service of certain groups or individuals
constitutes active duty service for
purposes of title 38 benefits. We are
incorporating in paragraph (b) service
by any individual or group certified by
the Secretary of Defense as active duty,
which is currently listed in 38 CFR 3.7.
We are also listing in paragraph (b)
service by other individuals and groups
specifically identified by Congress, or
determined by court or VA decisions
interpreting applicable legislative
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provisions, as constituting active
military service in an effort to provide
a more complete definition of active
duty for purposes of determining
eligibility for VA health care. See 38
CFR 3.7(a)–(l), (n)–(q), (s)–(w).
The National Defense Authorization
Act, Fiscal Year 1989, Public Law 100–
456, sec. 633 (1988), amended the
definition of ‘‘inactive duty training’’ in
38 U.S.C. 101(23) to include members
of, or applicants for membership in, the
Senior Reserve Officers’ Training Corps
(SROTC). We are amending § 17.31(d) to
include the complete statutory
definition of ‘‘inactive duty training.’’
In a document published in the
Federal Register on May 9, 2013 (78 FR
27153), VA proposed to amend part 17
of 38 CFR by amending the regulation
that defines the duty periods for
establishing eligibility for health care.
We provided a 60-day comment period,
which ended on July 8, 2013. We did
not receive any comments on the
proposed rule.
Based on the rationale set forth in the
SUPPLEMENTARY INFORMATION to the
proposed rule and in this final rule, VA
is adopting the proposed rule as a final
rule with no change.
Effect of Rulemaking
Title 38 of the Code of Federal
Regulations, as revised by this final
rulemaking, represents VA’s
implementation of its legal authority on
this subject. Other than future
amendments to this regulation or
governing statutes, no contrary guidance
or procedures are authorized. All
existing or subsequent VA guidance
must be read to conform with this
rulemaking if possible or, if not
possible, such guidance is superseded
by this rulemaking.
Paperwork Reduction Act
This final rule contains no provisions
constituting a collection of information
under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501–3521).
Regulatory Flexibility Act
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, 5 U.S.C. 601–612. This final rule
will directly affect only individuals and
will not directly affect small entities.
Therefore, pursuant to 5 U.S.C. 605(b),
this rulemaking is exempt from the
initial and final regulatory flexibility
analysis requirements of sections 603
and 604.
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Executive Orders 12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess the 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
effects, and other advantages;
distributive impacts; and equity).
Executive Order 13563 (Improving
Regulation and Regulatory Review)
emphasizes the importance of
quantifying both costs and benefits,
reducing costs, harmonizing rules, and
promoting flexibility. Executive Order
12866 (Regulatory Planning and
Review) defines a ‘‘significant
regulatory action,’’ which requires
review by the Office of Management and
Budget (OMB) unless OMB waives such
review, as ‘‘any regulatory action that is
likely to result in a rule that may: (1)
Have an annual effect on the economy
of $100 million or more or adversely
affect in a material way the economy, a
sector of the economy, productivity,
competition, jobs, the environment,
public health or safety, or State, local,
or tribal governments or communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency; (3)
Materially alter the budgetary impact of
entitlements, grants, user fees, or loan
programs or the rights and obligations of
recipients thereof; or (4) Raise novel
legal or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in this Executive
Order.’’
The economic, interagency,
budgetary, legal, and policy
implications of this regulatory action
have been examined, and it has been
determined not to be a significant
regulatory action under Executive Order
12866. VA’s impact analysis can be
found as a supporting document at
https://www.regulations.gov, usually
within 48 hours after the rulemaking
document is published. Additionally, a
copy of the rulemaking and its impact
analysis are available on VA’s Web site
at https://www1.va.gov/orpm/, by
following the link for ‘‘VA Regulations
Published.’’
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
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Federal Register / Vol. 78, No. 248 / Thursday, December 26, 2013 / Rules and Regulations
(adjusted annually for inflation) in any
one year. This final rule will have no
such effect on State, local, and tribal
governments, or on the private sector.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic
Assistance numbers and titles for the
programs affected by this document are
64.005, Grants to States for Construction
of State Home Facilities; 64.007, Blind
Rehabilitation Centers; 64.008, Veterans
Domiciliary Care; 64.009, Veterans
Medical Care Benefits; 64.010, Veterans
Nursing Home Care; 64.014, Veterans
State Domiciliary Care; 64.015, Veterans
State Nursing Home Care; 64.018,
Sharing Specialized Medical Resources;
64.019, Veterans Rehabilitation Alcohol
and Drug Dependence; 64.022, Veterans
Home Based Primary Care; and 64.024,
VA Homeless Providers Grant and Per
Diem Program.
Signing Authority
The Secretary of Veterans Affairs, or
designee, approved this document and
authorized the undersigned to sign and
submit the document to the Office of the
Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs. Jose
D. Riojas, Chief of Staff, Department of
Veteran Affairs, approved this
document on December 18, 2003, for
publication.
List of Subjects in 38 CFR Part 17
Administrative practice and
procedure; Alcohol abuse; Alcoholism;
Claims; Day care; Dental health; Drug
abuse; Government contracts; Grant
programs—health; Grant programs—
veterans; Health care; Health facilities;
Health professions; Health records;
Homeless; Mental health programs;
Nursing homes; Philippines, Reporting
and recordkeeping requirements;
Veterans.
Dated: December 20, 2013.
Robert C. McFetridge,
Director, Office of Regulation Policy and
Management, Office of the General Counsel,
Department of Veterans Affairs.
For the reasons set forth in the
preamble, the Department of Veterans
Affairs amends 38 CFR part 17 as
follows:
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PART 17—MEDICAL
1. The authority citation for part 17
continues to read as follows:
■
Authority: 38 U.S.C. 501, and as noted in
specific sections.
■
■
2. Amend § 17.31 by:
a. Adding paragraphs (a) through (c).
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b. Revising paragraph (d) introductory
text.
■ c. Redesignating paragraph (d)(4) as
paragraph (d)(5).
■ d. Adding new paragraphs (d)(4) and
(d)(6).
■ e. Adding an authority citation at the
end of the section.
The revision and additions read as
follows:
■
§ 17.31
Duty periods defined.
*
*
*
*
*
(a) Active military, naval, or air
service includes:
(1) Active duty.
(2) Any period of active duty for
training during which the individual
was disabled from a disease or injury
incurred or aggravated in line of duty.
(3) Any period of inactive duty
training during which the individual
was disabled from an injury incurred or
aggravated in line of duty.
(4) Any period of inactive duty
training during which the individual
was disabled from an acute myocardial
infarction, a cardiac arrest, or a
cerebrovascular accident which
occurred during such period of inactive
duty training.
(b) Active duty means:
(1) Full-time duty in the Armed
Forces, other than active duty for
training.
(2) Full-time duty, other than for
training purposes, as a commissioned
officer of the Regular or Reserve Corps
of the Public Health Service during the
following dates:
(i) On or after July 29, 1945;
(ii) Before July 29, 1945, under
circumstances affording entitlement to
full military benefits; or
(3) Full-time duty as a commissioned
officer of the National Oceanic and
Atmospheric Administration or its
predecessor organizations, the Coast and
Geodetic Survey or the Environmental
Science Services Administration, during
the following dates:
(i) On or after July 29, 1945;
(ii) Before July 29, 1945, under the
following circumstances:
(A) While on transfer to one of the
Armed Forces;
(B) While, in time of war or national
emergency declared by the President,
assigned to duty on a project for one of
the Armed Forces in an area determined
by the Secretary of Defense to be of
immediate military hazard; or
(C) In the Philippine Islands on
December 7, 1941, and continuously in
such islands thereafter; or
(4) Service as a cadet at the U.S.
Military, Air Force, or Coast Guard
Academy, or as a midshipman at the
U.S. Naval Academy.
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(5) Service in Women’s Army
Auxiliary Corps (WAAC). Recognized
effective March 18, 1980.
(6) Service of any person in a group
the members of which rendered service
to the Armed Forces of the United States
in a capacity considered civilian
employment or contractual service at
the time such service was rendered, if
the Secretary of Defense:
(i) Determines that the service of such
group constituted active military
service; and
(ii) Issues to each member of such
group a discharge from such service
under honorable conditions where the
nature and duration of the service of
such member so warrants.
(7) Service in American Merchant
Marine in Oceangoing Service any time
during the period December 7, 1941, to
August 15, 1945. Recognized effective
January 19, 1988.
(8) Service by 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 U.S. Marines on active,
combat-patrol activity any time during
the period August 19, 1945, to
September 2, 1945. Recognized effective
September 30, 1999.
(9) Service by Civilian Crewmen of
the U.S. Coast and Geodetic Survey
(USCGS) vessels, who performed their
service in areas of immediate military
hazard while conducting cooperative
operations with and for the U.S. Armed
Forces any time during the period
December 7, 1941, to August 15, 1945.
Qualifying USCGS vessels specified by
the Secretary of the Air Force are the
Derickson, Explorer, Gilbert, Hilgard, E.
Lester Jones, Lydonia, Patton, Surveyor,
Wainwright, Westdahl, Oceanographer,
Hydrographer, or Pathfinder.
Recognized effective April 8, 1991.
(10) Service by Civilian Employees of
Pacific Naval Air Bases who actively
participated in Defense of Wake Island
during World War II. Recognized
effective January 22, 1981.
(11) Service by Civilian Navy
Identification Friend or Foe (IFF)
Technicians who served in the Combat
Areas of the Pacific any time during the
period December 7, 1941, to August 15,
1945. Recognized effective August 2,
1988.
(12) Service by Civilian personnel
assigned to the Secret Intelligence
Element of the Office of Strategic
Services (OSS). Recognized effective
December 27, 1982.
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(13) Service by Engineer Field Clerks
(World War I). Recognized effective
August 31, 1979.
(14) Service by Guam Combat Patrol.
Recognized effective May 10, 1983.
(15) Service by Honorably discharged
members of the American Volunteer
Group (Flying Tigers) who served any
time during the period December 7,
1941, to July 18, 1942. Recognized
effective May 3, 1991.
(16) Service by Honorably discharged
members of the American Volunteer
Guard, Eritrea Service Command who
served any time during the period June
21, 1942, to March 31, 1943. Recognized
effective June 29, 1992.
(17) Service by Male Civilian Ferry
Pilots. Recognized effective July 17,
1981.
(18) Service with 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 any time during the
period December 7, 1941, to August 15,
1945. Recognized effective August 27,
1999.
(19) Service by Quartermaster Corps
Female Clerical Employees serving with
the American Expeditionary Forces in
World War II. Recognized effective
January 22, 1981.
(20) Service by Quartermaster Corps
Keswick Crew on Corregidor (World
War II). Recognized effective February 7,
1984.
(21) Service by Reconstruction Aides
and Dietitians in World War I.
Recognized effective July 6, 1981.
(22) Service by Signal Corps Female
Telephone Operators Unit of World War
I. Recognized effective May 15, 1979.
(23) Service by 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. Recognized
effective September 30, 1999.
(24) Service by U.S. civilian
employees of American Airlines who
served overseas as a result of American
Airlines’ Contract with the Air
Transport Command any time during
the period December 14, 1941, to
August 14, 1945. Recognized effective
October 5, 1990.
(25) Service by U.S. civilian female
employees of the U.S. Army Nurse
Corps while serving in the Defense of
Bataan and Corregidor any time during
the period January 2, 1942, to February
3, 1945. Recognized effective December
13, 1993.
(26) Service by U.S. Civilian Flight
Crew and Aviation Ground Support
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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 any time during the period
February 26, 1942, to August 14, 1945.
Recognized effective June 2, 1997.
(27) Service by U.S. Civilian Flight
Crew and Aviation Ground Support
Employees of Consolidated Vultree
Aircraft Corporation (Consairway
Division), who served overseas as a
result of a Contract with the Air
Transport Command any time during
the period December 14, 1941, to
August 14, 1945. Recognized effective
June 29, 1992.
(28) Service by 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 any time
during the period December 7, 1941, to
August 14, 1945. Recognized effective
June 2, 1997.
(29) Service by U.S. Civilian Flight
Crew and Aviation Ground Support
Employees of Northwest Airlines, who
served overseas as a result of Northwest
Airlines’ Contract with the Air
Transport Command any time during
the period December 14, 1941, to
August 14, 1945. Recognized effective
December 13, 1993.
(30) Service by U.S. Civilian Flight
Crew and Aviation Ground Support
Employees of Pan American World
Airways and its Subsidiaries and
Affiliates, who served overseas as a
result of Pan American’s Contract with
the Air Transport Command and Naval
Air Transport Service any time during
the period December 14, 1941, to
August 14, 1945. Recognized effective
July 16, 1992.
(31) Service by 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 any
time during the period December 14,
1941, to August 14, 1945. The ‘‘Flight
Crew’’ includes pursers. Recognized
effective May 13, 1992.
(32) Service by U.S. Civilian Flight
Crew and Aviation Ground Support
Employees of United Air Lines (UAL),
who served overseas as a result of UAL’s
Contract with the Air Transport
Command any time during the period
December 14, 1941, to August 14, 1945.
Recognized effective May 13, 1992.
(33) Service by U.S. civilian
volunteers who actively participated in
the Defense of Bataan. Recognized
effective February 7, 1984.
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(34) Service by U.S. civilians of the
American Field Service (AFS) who
served overseas operationally in World
War I any time during the period August
31, 1917, to January 1, 1918. Recognized
effective August 30, 1990.
(35) Service by U.S. civilians of the
American Field Service (AFS) who
served overseas under U.S. Armies and
U.S. Army Groups in World War II any
time during the period December 7,
1941, to May 8, 1945. Recognized
effective August 30, 1990.
(36) Service by U.S. Merchant Seamen
who served on blockships in support of
Operation Mulberry. Recognized
effective October 18, 1985.
(37) Service by Wake Island Defenders
from Guam. Recognized effective April
7, 1982.
(38) Service by Women’s Air Forces
Service Pilots (WASP). Recognized
effective November 23, 1977.
(39) Service by persons who were
injured while providing aerial
transportation of mail and serving under
conditions set forth in Public Law 73–
140.
(40) Service in the Alaska Territorial
Guard during World War II, for any
person who the Secretary of Defense
determines was honorably discharged.
(41) Service by Army field clerks.
(42) Service by Army Nurse Corps,
Navy Nurse Corps, and female dietetic
and physical therapy personnel as
follows:
(i) Female Army and Navy nurses on
active service under order of the service
department; or
(ii) Female dietetic and physical
therapy personnel, excluding students
and apprentices, appointed with relative
rank after December 21, 1942, or
commissioned after June 21, 1944.
(43) Service by students who were
enlisted men in Aviation camps during
World War I.
(44) Active service in the Coast Guard
after January 28, 1915, while under the
jurisdiction of the Treasury Department,
the Navy Department, the Department of
Transportation, or the Department of
Homeland Security. This does not
include temporary members of the Coast
Guard Reserves.
(45) Service by contract surgeons if
the disability was the result of injury or
disease contracted in the line of duty
during a period of war while actually
performing the duties of assistant
surgeon or acting assistant surgeon with
any military force in the field, or in
transit, or in a hospital.
(46) Service by field clerks of the
Quartermaster Corps.
(47) Service by lighthouse service
personnel who were transferred to the
service and jurisdiction of the War or
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Navy Departments by Executive Order
under the Act of August 29, 1916.
Effective July 1, 1939, service was
consolidated with the Coast Guard.
(48) Service by male nurses who were
enlisted in a Medical Corps.
(49) Service by persons having a
pensionable or compensable status
before January 1, 1959.
(50) Service by a Commonwealth
Army veteran or new Philippine Scout,
as defined in 38 U.S.C. 1735, who
resides in the United States and is a
citizen of the United States or an alien
lawfully admitted to the United States
for permanent residence; service by
Regular Philippine Scouts and service
in the Insular Force of the Navy,
Samoan Native Guard, or Samoan
Native Band of the Navy.
(51) Service with the Revenue Cutter
Service while serving under direction of
the Secretary of the Navy in cooperation
with the Navy. Effective January 28,
1915, the Revenue Cutter Service was
merged into the Coast Guard.
(52) Service during World War I in the
Russian Railway Service Corps as
certified by the Secretary of the Army.
(53) Service by members of training
camps authorized by section 54 of the
National Defense Act (Pub. L. 64–85, 39
Stat. 166), except for members of
Student Army Training Corps Camps at
the Presidio of San Francisco;
Plattsburg, New York; Fort Sheridan,
Illinois; Howard University,
Washington, DC; Camp Perry, Ohio; and
Camp Hancock, Georgia, from July 18,
1918, to September 16, 1918.
(54) Service in the Women’s Army
Corps (WAC) after June 30, 1943.
(55) Service in the Women’s Reserve
of the Navy, Marine Corps, and Coast
Guard.
(56) Effective July 28, 1959, service by
a veteran who was discharged for
alienage during a period of hostilities
unless evidence affirmatively shows the
veteran was discharged at his or her
own request. A veteran who was
discharged for alienage after a period of
hostilities and whose service was honest
and faithful is not barred from benefits
if he or she is otherwise entitled. A
discharge changed prior to January 7,
1957, to honorable by a board
established under 10 U.S.C. 1552 and
1553 will be considered as evidence that
the discharge was not at the alien’s
request.
(57) Attendance at the preparatory
schools of the United States Air Force
Academy, the United States Military
Academy, or the United States Naval
Academy for enlisted active duty
members who are reassigned to a
preparatory school without a release
from active duty, and for other
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individuals who have a commitment to
active duty in the Armed Forces that
would be binding upon disenrollment
from the preparatory school.
(58) For purposes of providing
medical care under chapter 17 for a
service-connected disability, service by
any person who has suffered an injury
or contracted a disease in line of duty
while en route to or from, or at, a place
for final acceptance or entry upon active
duty and:
(i) Who has applied for enlistment or
enrollment in the active military, naval,
or air service and has been provisionally
accepted and directed or ordered to
report to a place for final acceptance
into such service;
(ii) Who has been selected or drafted
for service in the Armed Forces and has
reported pursuant to the call of the
person’s local draft board and before
rejection; or
(iii) Who has been called into the
Federal service as a member of the
National Guard, but has not been
enrolled for the Federal service.
Note to paragraph (b)(58): The injury
or disease must be due to some factor
relating to compliance with proper
orders. Draftees and selectees are
included when reporting for
preinduction examination or for final
induction on active duty. Such persons
are not included for injury or disease
suffered during the period of inactive
duty, or period of waiting, after a final
physical examination and prior to
beginning the trip to report for
induction. Members of the National
Guard are included when reporting to a
designated rendezvous.
(59) Authorized travel to or from such
duty or service, as described in this
section.
(60) The period of time immediately
following the date an individual is
discharged or released from a period of
active duty, as determined by the
Secretary concerned to have been
required for that individual to proceed
to that individual’s home by the most
direct route, and in any event until
midnight of the date of such discharge
or release.
(c) Active duty for training means:
(1) Full-time duty in the Armed
Forces performed by Reserves for
training purposes.
(2) Full-time duty for training
purposes performed as a commissioned
officer of the Reserve Corps of the
Public Health service during the period
covered in paragraph (b)(2) of this
section.
(3) In the case of members of the
Army National Guard or Air National
Guard of any State, full-time duty under
sections 316, 502, 503, 504, or 505 of
PO 00000
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Fmt 4700
Sfmt 4700
title 32 U.S.C., or the prior
corresponding provisions of law.
(4) Duty performed by a member of a
Senior Reserve Officers’ Training Corps
program when ordered to such duty for
the purpose of training or a practice
cruise under chapter 103 of title 10
U.S.C. for a period of not less than four
weeks and which must be completed by
the member before the member is
commissioned.
(5) Attendance at the preparatory
schools of the United States Air Force
Academy, the United States Military
Academy, or the United States Naval
Academy by an individual who enters
the preparatory school directly from the
Reserves, National Guard or civilian life,
unless the individual has a commitment
to service on active duty which would
be binding upon disenrollment from the
preparatory school.
(6) Authorized travel to or from such
duty as described in paragraph (c) of
this section if an individual, when
authorized or required by competent
authority, assumes an obligation to
perform active duty for training and is
disabled from an injury, acute
myocardial infarction, a cardiac arrest,
or a cerebrovascular accident incurred
while proceeding directly to or
returning directly from such active duty
for training. Authorized travel should
take into account:
(i) The hour on which such individual
began so to proceed or to return;
(ii) The hour on which such
individual was scheduled to arrive for,
or on which such individual ceased to
perform, such duty;
(iii) The method of travel employed;
(iv) The itinerary;
(v) The manner in which the travel
was performed; and
(vi) The immediate cause of disability.
(Note to paragraph (c)(6): Active duty
for training does not include duty
performed as a temporary member of the
Coast Guard Reserve.)
(d) Inactive duty training means:
*
*
*
*
*
(4) Training (other than active duty
for training) by a member of, or
applicant for membership (as defined in
5 U.S.C. 8140(g)) in, the Senior Reserve
Officers’ Training Corps prescribed
under chapter 103 of title 10 U.S.C.
*
*
*
*
*
(6) Travel to or from such duty as
described in this paragraph (d) if an
individual, when authorized or required
by competent authority, assumes an
obligation to perform inactive duty
training and is disabled from an injury,
acute myocardial infarction, a cardiac
arrest, or a cerebrovascular accident
incurred while proceeding directly to or
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returning directly from such inactive
duty training. Authorized travel should
take into account:
(i) The hour on which such individual
began so to proceed or to return;
(ii) The hour on which such
individual was scheduled to arrive for,
or on which such individual ceased to
perform, such duty;
(iii) The method of travel employed;
(iv) The itinerary;
(v) The manner in which the travel
was performed; and
(vi) The immediate cause of disability.
(Authority: 38 U.S.C. 101, 106, 501, 1734 and
1735.)
[FR Doc. 2013–30775 Filed 12–24–13; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2013–0058; FRL–9904–49–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Update of the Motor
Vehicle Emissions Budgets for the
Lancaster 1997 8-Hour Ozone
Maintenance Area
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve revisions to the
Commonwealth of Pennsylvania’s
(Pennsylvania) State Implementation
Plan (SIP). The revisions consist of an
update to the SIP-approved Motor
Vehicle Emissions Budgets (MVEBs) for
nitrogen oxides (NOX) and volatile
organic compounds (VOCs), and an
updated point source inventory for NOX
and VOCs for the 1997 8-Hour Ozone
National Ambient Air Quality Standard
(NAAQS) SIP for Lancaster County
(hereafter referred to as the ‘‘Lancaster
Maintenance Area’’). EPA’s approval of
the updated MVEBs makes them
available for transportation conformity
purposes. EPA is approving these
revisions to the MVEBs and point
source inventory in accordance with the
requirements of the Clean Air Act
(CAA).
DATES: This rule is effective on February
24, 2014 without further notice, unless
EPA receives adverse written comment
by January 27, 2014. If EPA receives
such comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
sroberts on DSK5SPTVN1PROD with RULES
SUMMARY:
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Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2013–0058 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2013–0058,
Cristina Fernandez, Associate Director,
Office of Air Program Planning,
Mailcode 3AP30, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2013–
0058. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov, your
email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
ADDRESSES:
PO 00000
Frm 00099
Fmt 4700
Sfmt 4700
78263
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy during normal business
hours at the Air Protection Division,
U.S. Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the Pennsylvania
Department of Environmental
Protection, Bureau of Air Quality
Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT:
Asrah Khadr, (215) 814–2071, or by
email at khadr.asrah@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On November 19, 2012, Pennsylvania
submitted formal revisions to its SIP.
One SIP revision consists of updated
MVEBs for NOX and VOCs for the 1997
8-Hour Ozone NAAQS. The other SIP
revision updates the point source
inventory for NOX and VOCs.
On July 18, 1997 (62 FR 38856), EPA
established the 1997 8-Hour Ozone
NAAQS. On April 30, 2004 (69 FR
23860), Lancaster County was
designated as nonattainment for the
1997 8-Hour Ozone NAAQS. On
September 20, 2006, the Pennsylvania
Department of Environmental Protection
(PADEP) submitted a SIP revision which
consisted of a maintenance plan, a 2002
base year inventory and MVEBs for
transportation conformity purposes. On
November 8, 2006, PADEP
supplemented their September 20, 2006
submittal. On July 6, 2007 (72 FR
36889), EPA approved the SIP revision
as well as the redesignation request
made by PADEP and Lancaster County
was redesignated as a maintenance area.
The currently SIP-approved MVEBs
for the Lancaster Area were developed
using the Highway Mobile Source
Emission Factor Model (MOBILE6.2).
On March 2, 2010 (75 FR 9411), EPA
published a notice of availability for the
Motor Vehicle Emissions Simulator
(MOVES2010) model for use in
developing MVEBs for SIPs and for
conducting transportation conformity
analyses. EPA commenced a two year
grace period after which time the
MOVES2010 model would have to be
used for transportation conformity
purposes. The two year grace period
was scheduled to end on March 2, 2012.
On February 27, 2012 (77 FR 11394),
EPA published a final rule extending
the grace period for one more year to
March 2, 2013 to ensure adequate time
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]]>Agencies
[Federal Register Volume 78, Number 248 (Thursday, December 26, 2013)]
[Rules and Regulations]
[Pages 78258-78263]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30775]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 17
RIN 2900-AO25
Duty Periods for Establishing Eligibility for Health Care
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) is amending its
medical regulations concerning eligibility for health care to re-
establish the definitions of ``active military, naval, or air
service,'' ``active duty,'' and ``active duty for training.'' These
definitions were deleted in 1996; however, we believe that all duty
periods should be
[[Page 78259]]
defined in part 17 of the Code of Federal Regulations (CFR) to ensure
proper determination of eligibility for VA health care. We are also
providing a more complete definition of ``inactive duty training.''
DATES: Effective Date: This final rule is effective January 27, 2014.
FOR FURTHER INFORMATION CONTACT: Kristin J. Cunningham, Director,
Business Policy, Chief Business Office (10NB6), Department of Veterans
Affairs, 810 Vermont Ave. NW., Washington, DC 20420; (202) 461-1599.
(This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: Section 101(2) of title 38 United States
Code (U.S.C.) defines the term ``veteran'' to mean ``a person who
served in the active military, naval, or air service, and who was
discharged or released therefrom under conditions other than
dishonorable.'' ``Active military, naval, or air service'' includes
``active duty'' and certain periods of ``active duty for training'' and
``inactive duty training,'' which are all defined in 38 U.S.C. 101. See
38 U.S.C. 101(21)-(24). These terms prescribe the type of service an
individual needs to have had in order to be eligible for VA health care
benefits under 38 U.S.C. 1710 and 1705. On May 13, 1996, in 61 FR
21965, VA removed and marked as reserved paragraphs (a) through (c) of
38 CFR 17.31, which contained the definitions of ``active military,
naval, or air service,'' ``active duty,'' and ``active duty for
training,'' and only retained paragraph (d), which defines ``inactive
duty training.'' A reader of Sec. 17.31 could conclude that no other
duty periods, aside from ``inactive duty training,'' would qualify an
individual as eligible for VA medical benefits. We are amending this
oversight by incorporating the 38 U.S.C. 101 definitions of ``active
military, naval, or air service,'' ``active duty,'' and ``active duty
for training'' into Sec. 17.31 as paragraphs (a) through (c). We are
also incorporating 38 U.S.C. 106, which establishes certain other
service as active military service.
Under the provisions of Public Law 95-202, sec. 401 (1977), the
Department of Defense (DoD) can determine that the service of certain
groups or individuals constitutes active duty service for purposes of
title 38 benefits. We are incorporating in paragraph (b) service by any
individual or group certified by the Secretary of Defense as active
duty, which is currently listed in 38 CFR 3.7. We are also listing in
paragraph (b) service by other individuals and groups specifically
identified by Congress, or determined by court or VA decisions
interpreting applicable legislative provisions, as constituting active
military service in an effort to provide a more complete definition of
active duty for purposes of determining eligibility for VA health care.
See 38 CFR 3.7(a)-(l), (n)-(q), (s)-(w).
The National Defense Authorization Act, Fiscal Year 1989, Public
Law 100-456, sec. 633 (1988), amended the definition of ``inactive duty
training'' in 38 U.S.C. 101(23) to include members of, or applicants
for membership in, the Senior Reserve Officers' Training Corps (SROTC).
We are amending Sec. 17.31(d) to include the complete statutory
definition of ``inactive duty training.''
In a document published in the Federal Register on May 9, 2013 (78
FR 27153), VA proposed to amend part 17 of 38 CFR by amending the
regulation that defines the duty periods for establishing eligibility
for health care. We provided a 60-day comment period, which ended on
July 8, 2013. We did not receive any comments on the proposed rule.
Based on the rationale set forth in the Supplementary Information
to the proposed rule and in this final rule, VA is adopting the
proposed rule as a final rule with no change.
Effect of Rulemaking
Title 38 of the Code of Federal Regulations, as revised by this
final rulemaking, represents VA's implementation of its legal authority
on this subject. Other than future amendments to this regulation or
governing statutes, no contrary guidance or procedures are authorized.
All existing or subsequent VA guidance must be read to conform with
this rulemaking if possible or, if not possible, such guidance is
superseded by this rulemaking.
Paperwork Reduction Act
This final rule contains no provisions constituting a collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521).
Regulatory Flexibility Act
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, 5 U.S.C. 601-
612. This final rule will directly affect only individuals and will not
directly affect small entities. Therefore, pursuant to 5 U.S.C. 605(b),
this rulemaking is exempt from the initial and final regulatory
flexibility analysis requirements of sections 603 and 604.
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563 direct agencies to assess the
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 effects, and other advantages; distributive impacts;
and equity). Executive Order 13563 (Improving Regulation and Regulatory
Review) emphasizes the importance of quantifying both costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
Executive Order 12866 (Regulatory Planning and Review) defines a
``significant regulatory action,'' which requires review by the Office
of Management and Budget (OMB) unless OMB waives such review, as ``any
regulatory action that is likely to result in a rule that may: (1) Have
an annual effect on the economy of $100 million or more or adversely
affect in a material way the economy, a sector of the economy,
productivity, competition, jobs, the environment, public health or
safety, or State, local, or tribal governments or communities; (2)
Create a serious inconsistency or otherwise interfere with an action
taken or planned by another agency; (3) Materially alter the budgetary
impact of entitlements, grants, user fees, or loan programs or the
rights and obligations of recipients thereof; or (4) Raise novel legal
or policy issues arising out of legal mandates, the President's
priorities, or the principles set forth in this Executive Order.''
The economic, interagency, budgetary, legal, and policy
implications of this regulatory action have been examined, and it has
been determined not to be a significant regulatory action under
Executive Order 12866. VA's impact analysis can be found as a
supporting document at https://www.regulations.gov, usually within 48
hours after the rulemaking document is published. Additionally, a copy
of the rulemaking and its impact analysis are available on VA's Web
site at https://www1.va.gov/orpm/, by following the link for ``VA
Regulations Published.''
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
[[Page 78260]]
(adjusted annually for inflation) in any one year. This final rule will
have no such effect on State, local, and tribal governments, or on the
private sector.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance numbers and titles for
the programs affected by this document are 64.005, Grants to States for
Construction of State Home Facilities; 64.007, Blind Rehabilitation
Centers; 64.008, Veterans Domiciliary Care; 64.009, Veterans Medical
Care Benefits; 64.010, Veterans Nursing Home Care; 64.014, Veterans
State Domiciliary Care; 64.015, Veterans State Nursing Home Care;
64.018, Sharing Specialized Medical Resources; 64.019, Veterans
Rehabilitation Alcohol and Drug Dependence; 64.022, Veterans Home Based
Primary Care; and 64.024, VA Homeless Providers Grant and Per Diem
Program.
Signing Authority
The Secretary of Veterans Affairs, or designee, approved this
document and authorized the undersigned to sign and submit the document
to the Office of the Federal Register for publication electronically as
an official document of the Department of Veterans Affairs. Jose D.
Riojas, Chief of Staff, Department of Veteran Affairs, approved this
document on December 18, 2003, for publication.
List of Subjects in 38 CFR Part 17
Administrative practice and procedure; Alcohol abuse; Alcoholism;
Claims; Day care; Dental health; Drug abuse; Government contracts;
Grant programs--health; Grant programs--veterans; Health care; Health
facilities; Health professions; Health records; Homeless; Mental health
programs; Nursing homes; Philippines, Reporting and recordkeeping
requirements; Veterans.
Dated: December 20, 2013.
Robert C. McFetridge,
Director, Office of Regulation Policy and Management, Office of the
General Counsel, Department of Veterans Affairs.
For the reasons set forth in the preamble, the Department of
Veterans Affairs amends 38 CFR part 17 as follows:
PART 17--MEDICAL
0
1. The authority citation for part 17 continues to read as follows:
Authority: 38 U.S.C. 501, and as noted in specific sections.
0
2. Amend Sec. 17.31 by:
0
a. Adding paragraphs (a) through (c).
0
b. Revising paragraph (d) introductory text.
0
c. Redesignating paragraph (d)(4) as paragraph (d)(5).
0
d. Adding new paragraphs (d)(4) and (d)(6).
0
e. Adding an authority citation at the end of the section.
The revision and additions read as follows:
Sec. 17.31 Duty periods defined.
* * * * *
(a) Active military, naval, or air service includes:
(1) Active duty.
(2) Any period of active duty for training during which the
individual was disabled from a disease or injury incurred or aggravated
in line of duty.
(3) Any period of inactive duty training during which the
individual was disabled from an injury incurred or aggravated in line
of duty.
(4) Any period of inactive duty training during which the
individual was disabled from an acute myocardial infarction, a cardiac
arrest, or a cerebrovascular accident which occurred during such period
of inactive duty training.
(b) Active duty means:
(1) Full-time duty in the Armed Forces, other than active duty for
training.
(2) Full-time duty, other than for training purposes, as a
commissioned officer of the Regular or Reserve Corps of the Public
Health Service during the following dates:
(i) On or after July 29, 1945;
(ii) Before July 29, 1945, under circumstances affording
entitlement to full military benefits; or
(3) Full-time duty as a commissioned officer of the National
Oceanic and Atmospheric Administration or its predecessor
organizations, the Coast and Geodetic Survey or the Environmental
Science Services Administration, during the following dates:
(i) On or after July 29, 1945;
(ii) Before July 29, 1945, under the following circumstances:
(A) While on transfer to one of the Armed Forces;
(B) While, in time of war or national emergency declared by the
President, assigned to duty on a project for one of the Armed Forces in
an area determined by the Secretary of Defense to be of immediate
military hazard; or
(C) In the Philippine Islands on December 7, 1941, and continuously
in such islands thereafter; or
(4) Service as a cadet at the U.S. Military, Air Force, or Coast
Guard Academy, or as a midshipman at the U.S. Naval Academy.
(5) Service in Women's Army Auxiliary Corps (WAAC). Recognized
effective March 18, 1980.
(6) Service of any person in a group the members of which rendered
service to the Armed Forces of the United States in a capacity
considered civilian employment or contractual service at the time such
service was rendered, if the Secretary of Defense:
(i) Determines that the service of such group constituted active
military service; and
(ii) Issues to each member of such group a discharge from such
service under honorable conditions where the nature and duration of the
service of such member so warrants.
(7) Service in American Merchant Marine in Oceangoing Service any
time during the period December 7, 1941, to August 15, 1945. Recognized
effective January 19, 1988.
(8) Service by 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 U.S. Marines on
active, combat-patrol activity any time during the period August 19,
1945, to September 2, 1945. Recognized effective September 30, 1999.
(9) Service by Civilian Crewmen of the U.S. Coast and Geodetic
Survey (USCGS) vessels, who performed their service in areas of
immediate military hazard while conducting cooperative operations with
and for the U.S. Armed Forces any time during the period December 7,
1941, to August 15, 1945. Qualifying USCGS vessels specified by the
Secretary of the Air Force are the Derickson, Explorer, Gilbert,
Hilgard, E. Lester Jones, Lydonia, Patton, Surveyor, Wainwright,
Westdahl, Oceanographer, Hydrographer, or Pathfinder. Recognized
effective April 8, 1991.
(10) Service by Civilian Employees of Pacific Naval Air Bases who
actively participated in Defense of Wake Island during World War II.
Recognized effective January 22, 1981.
(11) Service by Civilian Navy Identification Friend or Foe (IFF)
Technicians who served in the Combat Areas of the Pacific any time
during the period December 7, 1941, to August 15, 1945. Recognized
effective August 2, 1988.
(12) Service by Civilian personnel assigned to the Secret
Intelligence Element of the Office of Strategic Services (OSS).
Recognized effective December 27, 1982.
[[Page 78261]]
(13) Service by Engineer Field Clerks (World War I). Recognized
effective August 31, 1979.
(14) Service by Guam Combat Patrol. Recognized effective May 10,
1983.
(15) Service by Honorably discharged members of the American
Volunteer Group (Flying Tigers) who served any time during the period
December 7, 1941, to July 18, 1942. Recognized effective May 3, 1991.
(16) Service by Honorably discharged members of the American
Volunteer Guard, Eritrea Service Command who served any time during the
period June 21, 1942, to March 31, 1943. Recognized effective June 29,
1992.
(17) Service by Male Civilian Ferry Pilots. Recognized effective
July 17, 1981.
(18) Service with 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 any time during the
period December 7, 1941, to August 15, 1945. Recognized effective
August 27, 1999.
(19) Service by Quartermaster Corps Female Clerical Employees
serving with the American Expeditionary Forces in World War II.
Recognized effective January 22, 1981.
(20) Service by Quartermaster Corps Keswick Crew on Corregidor
(World War II). Recognized effective February 7, 1984.
(21) Service by Reconstruction Aides and Dietitians in World War I.
Recognized effective July 6, 1981.
(22) Service by Signal Corps Female Telephone Operators Unit of
World War I. Recognized effective May 15, 1979.
(23) Service by 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. Recognized
effective September 30, 1999.
(24) Service by U.S. civilian employees of American Airlines who
served overseas as a result of American Airlines' Contract with the Air
Transport Command any time during the period December 14, 1941, to
August 14, 1945. Recognized effective October 5, 1990.
(25) Service by U.S. civilian female employees of the U.S. Army
Nurse Corps while serving in the Defense of Bataan and Corregidor any
time during the period January 2, 1942, to February 3, 1945. Recognized
effective December 13, 1993.
(26) Service by 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 any
time during the period February 26, 1942, to August 14, 1945.
Recognized effective June 2, 1997.
(27) Service by U.S. Civilian Flight Crew and Aviation Ground
Support Employees of Consolidated Vultree Aircraft Corporation
(Consairway Division), who served overseas as a result of a Contract
with the Air Transport Command any time during the period December 14,
1941, to August 14, 1945. Recognized effective June 29, 1992.
(28) Service by 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 any time during the period December 7, 1941, to August 14,
1945. Recognized effective June 2, 1997.
(29) Service by U.S. Civilian Flight Crew and Aviation Ground
Support Employees of Northwest Airlines, who served overseas as a
result of Northwest Airlines' Contract with the Air Transport Command
any time during the period December 14, 1941, to August 14, 1945.
Recognized effective December 13, 1993.
(30) Service by U.S. Civilian Flight Crew and Aviation Ground
Support Employees of Pan American World Airways and its Subsidiaries
and Affiliates, who served overseas as a result of Pan American's
Contract with the Air Transport Command and Naval Air Transport Service
any time during the period December 14, 1941, to August 14, 1945.
Recognized effective July 16, 1992.
(31) Service by 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 any time during the period December 14, 1941, to August 14,
1945. The ``Flight Crew'' includes pursers. Recognized effective May
13, 1992.
(32) Service by U.S. Civilian Flight Crew and Aviation Ground
Support Employees of United Air Lines (UAL), who served overseas as a
result of UAL's Contract with the Air Transport Command any time during
the period December 14, 1941, to August 14, 1945. Recognized effective
May 13, 1992.
(33) Service by U.S. civilian volunteers who actively participated
in the Defense of Bataan. Recognized effective February 7, 1984.
(34) Service by U.S. civilians of the American Field Service (AFS)
who served overseas operationally in World War I any time during the
period August 31, 1917, to January 1, 1918. Recognized effective August
30, 1990.
(35) Service by U.S. civilians of the American Field Service (AFS)
who served overseas under U.S. Armies and U.S. Army Groups in World War
II any time during the period December 7, 1941, to May 8, 1945.
Recognized effective August 30, 1990.
(36) Service by U.S. Merchant Seamen who served on blockships in
support of Operation Mulberry. Recognized effective October 18, 1985.
(37) Service by Wake Island Defenders from Guam. Recognized
effective April 7, 1982.
(38) Service by Women's Air Forces Service Pilots (WASP).
Recognized effective November 23, 1977.
(39) Service by persons who were injured while providing aerial
transportation of mail and serving under conditions set forth in Public
Law 73-140.
(40) Service in the Alaska Territorial Guard during World War II,
for any person who the Secretary of Defense determines was honorably
discharged.
(41) Service by Army field clerks.
(42) Service by Army Nurse Corps, Navy Nurse Corps, and female
dietetic and physical therapy personnel as follows:
(i) Female Army and Navy nurses on active service under order of
the service department; or
(ii) Female dietetic and physical therapy personnel, excluding
students and apprentices, appointed with relative rank after December
21, 1942, or commissioned after June 21, 1944.
(43) Service by students who were enlisted men in Aviation camps
during World War I.
(44) Active service in the Coast Guard after January 28, 1915,
while under the jurisdiction of the Treasury Department, the Navy
Department, the Department of Transportation, or the Department of
Homeland Security. This does not include temporary members of the Coast
Guard Reserves.
(45) Service by contract surgeons if the disability was the result
of injury or disease contracted in the line of duty during a period of
war while actually performing the duties of assistant surgeon or acting
assistant surgeon with any military force in the field, or in transit,
or in a hospital.
(46) Service by field clerks of the Quartermaster Corps.
(47) Service by lighthouse service personnel who were transferred
to the service and jurisdiction of the War or
[[Page 78262]]
Navy Departments by Executive Order under the Act of August 29, 1916.
Effective July 1, 1939, service was consolidated with the Coast Guard.
(48) Service by male nurses who were enlisted in a Medical Corps.
(49) Service by persons having a pensionable or compensable status
before January 1, 1959.
(50) Service by a Commonwealth Army veteran or new Philippine
Scout, as defined in 38 U.S.C. 1735, who resides in the United States
and is a citizen of the United States or an alien lawfully admitted to
the United States for permanent residence; service by Regular
Philippine Scouts and service in the Insular Force of the Navy, Samoan
Native Guard, or Samoan Native Band of the Navy.
(51) Service with the Revenue Cutter Service while serving under
direction of the Secretary of the Navy in cooperation with the Navy.
Effective January 28, 1915, the Revenue Cutter Service was merged into
the Coast Guard.
(52) Service during World War I in the Russian Railway Service
Corps as certified by the Secretary of the Army.
(53) Service by members of training camps authorized by section 54
of the National Defense Act (Pub. L. 64-85, 39 Stat. 166), except for
members of Student Army Training Corps Camps at the Presidio of San
Francisco; Plattsburg, New York; Fort Sheridan, Illinois; Howard
University, Washington, DC; Camp Perry, Ohio; and Camp Hancock,
Georgia, from July 18, 1918, to September 16, 1918.
(54) Service in the Women's Army Corps (WAC) after June 30, 1943.
(55) Service in the Women's Reserve of the Navy, Marine Corps, and
Coast Guard.
(56) Effective July 28, 1959, service by a veteran who was
discharged for alienage during a period of hostilities unless evidence
affirmatively shows the veteran was discharged at his or her own
request. A veteran who was discharged for alienage after a period of
hostilities and whose service was honest and faithful is not barred
from benefits if he or she is otherwise entitled. A discharge changed
prior to January 7, 1957, to honorable by a board established under 10
U.S.C. 1552 and 1553 will be considered as evidence that the discharge
was not at the alien's request.
(57) Attendance at the preparatory schools of the United States Air
Force Academy, the United States Military Academy, or the United States
Naval Academy for enlisted active duty members who are reassigned to a
preparatory school without a release from active duty, and for other
individuals who have a commitment to active duty in the Armed Forces
that would be binding upon disenrollment from the preparatory school.
(58) For purposes of providing medical care under chapter 17 for a
service-connected disability, service by any person who has suffered an
injury or contracted a disease in line of duty while en route to or
from, or at, a place for final acceptance or entry upon active duty
and:
(i) Who has applied for enlistment or enrollment in the active
military, naval, or air service and has been provisionally accepted and
directed or ordered to report to a place for final acceptance into such
service;
(ii) Who has been selected or drafted for service in the Armed
Forces and has reported pursuant to the call of the person's local
draft board and before rejection; or
(iii) Who has been called into the Federal service as a member of
the National Guard, but has not been enrolled for the Federal service.
Note to paragraph (b)(58): The injury or disease must be due to
some factor relating to compliance with proper orders. Draftees and
selectees are included when reporting for preinduction examination or
for final induction on active duty. Such persons are not included for
injury or disease suffered during the period of inactive duty, or
period of waiting, after a final physical examination and prior to
beginning the trip to report for induction. Members of the National
Guard are included when reporting to a designated rendezvous.
(59) Authorized travel to or from such duty or service, as
described in this section.
(60) The period of time immediately following the date an
individual is discharged or released from a period of active duty, as
determined by the Secretary concerned to have been required for that
individual to proceed to that individual's home by the most direct
route, and in any event until midnight of the date of such discharge or
release.
(c) Active duty for training means:
(1) Full-time duty in the Armed Forces performed by Reserves for
training purposes.
(2) Full-time duty for training purposes performed as a
commissioned officer of the Reserve Corps of the Public Health service
during the period covered in paragraph (b)(2) of this section.
(3) In the case of members of the Army National Guard or Air
National Guard of any State, full-time duty under sections 316, 502,
503, 504, or 505 of title 32 U.S.C., or the prior corresponding
provisions of law.
(4) Duty performed by a member of a Senior Reserve Officers'
Training Corps program when ordered to such duty for the purpose of
training or a practice cruise under chapter 103 of title 10 U.S.C. for
a period of not less than four weeks and which must be completed by the
member before the member is commissioned.
(5) Attendance at the preparatory schools of the United States Air
Force Academy, the United States Military Academy, or the United States
Naval Academy by an individual who enters the preparatory school
directly from the Reserves, National Guard or civilian life, unless the
individual has a commitment to service on active duty which would be
binding upon disenrollment from the preparatory school.
(6) Authorized travel to or from such duty as described in
paragraph (c) of this section if an individual, when authorized or
required by competent authority, assumes an obligation to perform
active duty for training and is disabled from an injury, acute
myocardial infarction, a cardiac arrest, or a cerebrovascular accident
incurred while proceeding directly to or returning directly from such
active duty for training. Authorized travel should take into account:
(i) The hour on which such individual began so to proceed or to
return;
(ii) The hour on which such individual was scheduled to arrive for,
or on which such individual ceased to perform, such duty;
(iii) The method of travel employed;
(iv) The itinerary;
(v) The manner in which the travel was performed; and
(vi) The immediate cause of disability.
(Note to paragraph (c)(6): Active duty for training does not
include duty performed as a temporary member of the Coast Guard
Reserve.)
(d) Inactive duty training means:
* * * * *
(4) Training (other than active duty for training) by a member of,
or applicant for membership (as defined in 5 U.S.C. 8140(g)) in, the
Senior Reserve Officers' Training Corps prescribed under chapter 103 of
title 10 U.S.C.
* * * * *
(6) Travel to or from such duty as described in this paragraph (d)
if an individual, when authorized or required by competent authority,
assumes an obligation to perform inactive duty training and is disabled
from an injury, acute myocardial infarction, a cardiac arrest, or a
cerebrovascular accident incurred while proceeding directly to or
[[Page 78263]]
returning directly from such inactive duty training. Authorized travel
should take into account:
(i) The hour on which such individual began so to proceed or to
return;
(ii) The hour on which such individual was scheduled to arrive for,
or on which such individual ceased to perform, such duty;
(iii) The method of travel employed;
(iv) The itinerary;
(v) The manner in which the travel was performed; and
(vi) The immediate cause of disability.
(Authority: 38 U.S.C. 101, 106, 501, 1734 and 1735.)
[FR Doc. 2013-30775 Filed 12-24-13; 8:45 am]
BILLING CODE 8320-01-P
