Duty Periods for Establishing Eligibility for Health Care, 78258-78263 [2013-30775]

Download as PDF 78258 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: sroberts on DSK5SPTVN1PROD with RULES ■ 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: ■ VerDate Mar<15>2010 16:15 Dec 24, 2013 Jkt 232001 § 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) PO 00000 Frm 00094 Fmt 4700 Sfmt 4700 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: E:\FR\FM\26DER1.SGM 26DER1 sroberts on DSK5SPTVN1PROD with RULES 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 VerDate Mar<15>2010 16:15 Dec 24, 2013 Jkt 232001 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. PO 00000 Frm 00095 Fmt 4700 Sfmt 4700 78259 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 http://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 http://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 E:\FR\FM\26DER1.SGM 26DER1 78260 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: sroberts on DSK5SPTVN1PROD with RULES 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). VerDate Mar<15>2010 16:15 Dec 24, 2013 Jkt 232001 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. PO 00000 Frm 00096 Fmt 4700 Sfmt 4700 (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. E:\FR\FM\26DER1.SGM 26DER1 sroberts on DSK5SPTVN1PROD with RULES Federal Register / Vol. 78, No. 248 / Thursday, December 26, 2013 / Rules and Regulations (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 VerDate Mar<15>2010 16:15 Dec 24, 2013 Jkt 232001 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. PO 00000 Frm 00097 Fmt 4700 Sfmt 4700 78261 (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 E:\FR\FM\26DER1.SGM 26DER1 sroberts on DSK5SPTVN1PROD with RULES 78262 Federal Register / Vol. 78, No. 248 / Thursday, December 26, 2013 / Rules and Regulations 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 VerDate Mar<15>2010 16:15 Dec 24, 2013 Jkt 232001 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 Frm 00098 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 E:\FR\FM\26DER1.SGM 26DER1 Federal Register / Vol. 78, No. 248 / Thursday, December 26, 2013 / Rules and Regulations 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: VerDate Mar<15>2010 16:15 Dec 24, 2013 Jkt 232001 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 E:\FR\FM\26DER1.SGM 26DER1

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]


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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 http://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 http://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