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###### Department of Veterans Affairs

          - [OMB Control No. 2900-0114] 

# AGENCY:

Veterans Benefits Administration, Department of Veterans Affairs. 

# ACTION:

Notice. 

# SUMMARY:

                        The Veterans Benefits Administration (VBA), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to publish notice in the                         **Federal Register**                         concerning each proposed collection of information, including each proposed revision of a currently approved collection, and allow 60 days for public comment in response to this notice. This notice solicits comments on the information needed to determine the validity of a common law marriage.                     

# DATES:

Written comments and recommendations on the proposed collection of information should be received on or before January 31, 2005. 

# ADDRESSES:

                        Submit written comments on the collection of information to Nancy J. Kessinger, Veterans Benefits Administration (20M35), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420 or e-mail:                         *irmnkess@vba.va.gov*. Please refer to “OMB Control No. 2900-0114” in any correspondence.                     

# FOR FURTHER INFORMATION CONTACT:

Nancy J. Kessinger at (202) 273-7079 or FAX (202) 275-5947. 

# SUPPLEMENTARY INFORMATION:

Under the PRA of 1995 (Pub. L. 104-13; 44 U.S.C., 3501-3520), Federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. This request for comment is being made pursuant to section 3506(c)(2)(A) of the PRA. 

With respect to the following collection of information, VBA invites comments on: (1) Whether the proposed collection of information is necessary for the proper performance of VBA's functions, including whether the information will have practical utility; (2) the accuracy of VBA's estimate of the burden of the proposed collection of information; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or the use of other forms of information technology. 

*Title:*                     Statement of Marital Relationship, VA Form 21-4170.                 

*OMB Control Number:*                     2900-0114.                 

*Type of Review:*                     Revision of a currently approved collection.                 

*Abstract:*                     Persons claiming to be common law widows/widowers of deceased veterans and veterans and their claimed common law spouses complete VA Form 21-4170 to establish marital status. VA uses the information collected to determine whether the common law marriage was valid under the law of the place where the parties resided at the time of the marriage or under the law of the place where the parties resided when the right to benefits accrued.                 

*Affected Public:*                     Individuals or households.                 

*Estimated Annual Burden:*                     2,708 hours.                 

*Estimated Average Burden Per Respondent:*                     25 minutes.                 

*Frequency of Response:*                     On occasion.                 

*Estimated Number of Respondents:*                     6,500.                 

Dated: November 22, 2004. 

By direction of the Secretary. 

Loise Russell, 

Director, Records Management Service. 

[FR Doc. 04-26464 Filed 11-30-04; 8:45 am] 

BILLING CODE 8320-01-P