Fed. Reg. Notices — Notice

BILLING CODE 4830-01-P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900-0251] Proposed Information Collection Activity: Proposed Collection; Comment Request AGENCY: Veterans Benefits Administration, Department of Veterans Affairs. ACTION: Notice. SUMMARY: The Veterans Benefits Administration

(VBA)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 extension of a currently approved collection, and allow 60 days for public comment in response to the notice. This notice solicits comments for information needed to determine the status of a defaulted loan account. DATES: Written comments and recommendations on the proposed collection of information should be received on or before July 26, 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: *nancy.kessinger@mail.va.gov* . Please refer to “OMB Control No. 2900-0251” 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. 3501-3521), 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:* Present Status of Loan, VA Form 26-8778. *OMB Control Number:* 2900-0251. *Type of Review:* Extension of a currently approved collection. *Abstract:* VA Form 26-8778 is used to obtain pertinent data from servicers regarding the status of defaulted loans. VA uses the information collected to properly service all defaulted loans. *Affected Public:* Business or other for-profit. *Estimated Annual Burden:* 29,167 hours. *Estimated Average Burden Per Respondent:* 10 minutes. *Frequency of Response:* On occasion. *Estimated Number of Respondents:* 175,000. Dated: May 20, 2005. By direction of the Secretary. Denise McLamb, Program Analyst, Records Management Service. [FR Doc. E5-2707 Filed 5-26-05; 8:45 am] BILLING CODE 8320-01-P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900-0657] Proposed Information Collection Activity: Proposed Collection; Comment Request 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 extension of a currently approved collection, and allow 60 days for public comment in response to the notice. This notice solicits comments for information needed to obtain certification from State approving agency and employees of VA certifying that they do not own any interest in a proprietary profit school. DATES: Written comments and recommendations on the proposed collection of information should be received on or before July 26, 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 *nancy.kessinger@mail.va.gov* . Please refer to “OMB Control No. 2900-0657” 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. 3501-3521), 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:* Conflicting Interests Certification for Proprietary Schools, VA form 22-1919. *OMB Control Number:* 2900-0657. *Type of Review:* Extension of a currently approved collection. *Abstract:* VA pays education benefits to veterans and other eligible person pursuing approved programs of education. 38 U.S.C. 3683 prohibits employees of VA and State approving agency enrolled in a proprietary profit school from owning any interest in the school. Veterans or eligible person who is an official authorized to signed certificates of enrollment or verification/certifications of attendance, an owner or an officer are prohibited from receiving educational assistance based on their enrollment in any proprietary school. The information contained on VA Form 22-1919 completed by propriety schools officials certifying that the institution and enrollees do not have any conflict of interest. *Affected Public:* Business or other for-profit. *Estimated Annual Burden:* 25 hours. *Estimated Average Burden Per Respondent:* 10 minutes. *Frequency of Response:* On occasion. *Estimated Number of Respondents:* 150. Dated: May 20, 2005. By direction of the Secretary. Denise McLamb, Program Analyst, Records Management Service. [FR Doc. E5-2708 Filed 5-26-05; 8:45 am] BILLING CODE 8320-01-P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900-0270] Agency Information Collection Activities Under OMB Review AGENCY: Veterans Benefits Administration, Department of Veterans Affairs. ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act

(PRA)of 1995 (44 U.S.C. 3501-3521), this notice announces that the Veterans Benefits Administration (VBA), Department of Veterans Affairs, has submitted the collection of information abstracted below to the Office of Management and Budget

(OMB)for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden; it includes the actual data collection instrument. DATES: Comments must be submitted on or before June 27, 2005. FOR FURTHER INFORMATION OR A COPY OF THE SUBMISSION CONTACT: Denise McLamb, Records Management Service (005E3), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420,

(202)273-8030 or FAX

(202)273-5981. Please refer to “OMB Control No. 2900-0270.” Send comments and recommendations concerning any aspect of the information collection to VA's Desk Officer, OMB Human Resources and Housing Branch, New Executive Office Building, Room 10235, Washington, DC 20503

(202)395-7316. Please refer to “OMB Control No. 2900-0270” in any correspondence. SUPPLEMENTARY INFORMATION: *Title:* Financial Counseling Statement, VA Form 26-8844. *OMB Control Number:* 2900-0270. *Type of Review:* Extension of a currently approved collection. *Abstract:* VA personnel and veteran-borrower use VA Form 26-8844 during financial counseling service to record net income, total expenditure, net worth, and to suggest areas where expenses can be reduced or income increased. VA performs financial counseling in some cases to provide veteran-borrowers the maximum assistance possible to retain their home during periods of temporary financial difficulty. VA uses the information collected to help borrowers who are seriously delinquent on guaranteed or insured VA home loans to budget and establish a repayment schedule for the loan. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The **Federal Register** Notice with a 60-day comment period soliciting comments on this collection of information was published on January 31, 2005, at page 4920. *Affected Public:* Individuals or households. *Estimated Annual Burden:* 3,750 hours. *Estimated Average Burden Per Respondent:* 45 minutes. *Frequency of Response:* On occasion. *Estimated Number of Respondents:* 5,000. Dated: May 20, 2005. By direction of the Secretary. Denise McLamb, Program Analyst, Records Management Service. [FR Doc. E5-2709 Filed 5-26-05; 8:45 am] BILLING CODE 8320-01-P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900-0658] Agency Information Collection Activities Under OMB Review AGENCY: Veterans Benefits Administration, Department of Veterans Affairs. ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act

(PRA)of 1995 (44 U.S.C. 3501-21), this notice announces that the Veterans Benefits Administration (VBA), Department of Veterans Affairs, has submitted the collection of information abstracted below to the Office of Management and Budget

(OMB)for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden and includes the actual data collection instrument. DATES: Comments must be submitted on or before June 27, 2005. FOR FURTHER INFORMATION OR A COPY OF THE SUBMISSION CONTACT: Denise McLamb, Records Management Service (005E3), Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420,

(202)273-8030 or FAX

(202)273-5981 or e-mail: *denise.mclamb@mail.va.gov* . Please refer to “OMB Control No. 2900-0658.” Send comments and recommendations concerning any aspect of the information collection to VA's OMB Desk Officer, OMB Human Resources and Housing Branch, New Executive Office Building, Room 10235, Washington, DC 20503

(202)395-7316. Please refer to “OMB Control No. 2900-0658” in any correspondence. SUPPLEMENTARY INFORMATION: *Title:* Lender Appraisal Processing Program Certification, VA Form 26-0785. *OMB Control Number:* 2900-0658. *Type of Review:* Extension of a currently approved collection. *Abstract:* Lenders complete VA Form 26-0785 to nominate employees for approval as a VA approved Staff Appraisal Reviewer (SAR). Once approved, SAR's will have the authority to review real estate appraisals and to issue notices of values on behalf of VA. VA uses the information colleted to perform oversight of work delegated to lenders responsible for making guaranteed VA loans. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The **Federal Register** Notice with a 60-day comment period soliciting comments on this collection of information was published on February 15, 2005, at page 7794-7795. *Affected Public:* Business or other for-profit. *Estimated Annual Burden:* 83 hours. *Estimated Average Burden Per Respondent:* 5 minutes. *Frequency of Response:* On occasion. *Estimated Number of Respondents:* 1,000. Dated: May 20, 2005. By direction of the Secretary. Denise McLamb, Program Analyst, Records Management Service. [FR Doc. E5-2710 Filed 5-26-05; 8:45 am] BILLING CODE 8320-01-P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900-0469] Agency Information Collection Activities Under OMB Review AGENCY: Veterans Benefits Administration, Department of Veterans Affairs. ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act

(PRA)of 1995 (44 U.S.C. 3501-3521), this notice announces that the Veterans Benefits Administration (VBA), Department of Veterans Affairs, has submitted the collection of information abstracted below to the Office of Management and Budget

(OMB)for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden and includes the actual data collection instrument. DATES: Comments must be submitted on or before June 27, 2005. FOR FURTHER INFORMATION OR A COPY OF THE SUBMISSION CONTACT: Denise McLamb, Records Management Service (005E3), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420,

(202)273-8030, FAX

(202)273-5981 or e-mail: *denise.mclamb@mail.va.gov.* Please refer to “OMB Control No. 2900-0469.” Send comments and recommendations concerning any aspect of the information collection to VA's OMB Desk Officer, OMB Human Resources and Housing Branch, New Executive Office Building, Room 10235, Washington, DC 20503

(202)395-7316. Please refer to “OMB Control No. 2900-0469” in any correspondence. SUPPLEMENTARY INFORMATION: *Title:* Certificate Showing Residence and Heirs of Deceased Veteran or Beneficiary, VA Form 29-541. *OMB Control Number:* 2900-0469. *Type of Review:* Extension of a currently approved collection. *Abstract:* VA uses the information collected on VA Form 29-541 to establish a claimant's entitlement to Government Life Insurance proceeds in estate cases when formal administration of the estate is not required. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The **Federal Register** Notice with a 60-day comment period soliciting comments on this collection of information was published on January 5, 2005, at page 940. *Affected Public:* Individuals or households. *Estimated Annual Burden:* 1,039 hours. *Estimated Average Burden Per Respondent:* 30 minutes. *Frequency of Response:* On occasion. *Estimated Number of Respondents:* 2,078. Dated: May 20, 2005. By direction of the Secretary. Denise McLamb, Program Analyst, Records Management Service. [FR Doc. E5-2711 Filed 5-26-05; 8:45 am] BILLING CODE 8320-01-P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900-0623] Agency Information Collection Activities Under OMB Review AGENCY: Office of Management, Department of Veterans Affairs. ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act

(PRA)of 1995 (44 U.S.C. 3501-3521), this notice announces that the Office of Management (OM), Department of Veterans Affairs, has submitted the collection of information abstracted below to the Office of Management and Budget

(OMB)for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden; it includes the actual data collection instrument. DATES: Comments must be submitted on or before June 27, 2005. FOR FURTHER INFORMATION OR A COPY OF THE SUBMISSION CONTACT: Denise McLamb, Records Management Service (005E3), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420,

(202)273-8030 or FAX

(202)273-5981 or e-mail *denise.mclamb@mail.va.gov.* Please refer to “OMB Control No. 2900-0623.” Send comments and recommendations concerning any aspect of the information collection to VA's Desk Officer, OMB Human Resources and Housing Branch, New Executive Office Building, Room 10235, Washington, DC 20503

(202)395-7316. Please refer to “OMB Control No. 2900-0623” in any correspondence. SUPPLEMENTARY INFORMATION: Under the PRA of 1995 (Pub. L. 104-13; 44 U.S.C. 3501-3521), 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,

(OM)invites comments on:

(1)Whether the proposed collection of information is necessary for the proper performance of (OM)'s functions, including whether the information will have practical utility;

(2)the accuracy of (OM)'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:* Department of Veterans Affairs Acquisition Regulation

(VAAR)Clause 852.236.91, Special Notes. *OMB Control Number:* 2900-0623. *Type of Review:* Extension of a currently approved collection. *Abstract:* VAAR Clause 852.236.91 requires bidders to furnish information on previous experience, technical qualifications, financial resources, and facilities available to perform the work. The clause also requires contractors submitting a claim for price adjustment due to severe weather delay to provide climatologically data covering the period of the claim and covering the same period for the ten preceding years. VA uses the data collected to evaluate the bidder's qualification and responsibility, and to evaluate the contractor's claims for contract price adjustment due to weather-related delays. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The **Federal Register** Notice with a 60-day comment period soliciting comments on this collection of information was published on January 5, 2005, at page 939. *Affected Public:* Business or other for-profit; Individuals and households; and Not-for-profit institutions. *Estimated Annual Burden:* 778 hours. a. Qualifications Data: 758 hours. b. Weather Data: 20 hours. *Estimated Average Burden Per Respondent:* a. Qualifications Data: 30 min. b. Weather Data: 1 hour. *Frequency of Response:* On occasion. *Estimated Number of Respondents:* 1,536. a. Qualifications Data: 1516. b. Weather Data: 20. Dated: May 20, 2005. By direction of the Secretary. Denise McLamb, Program Analyst, Records Management Service. [FR Doc. E5-2712 Filed 5-26-05; 8:45 am] BILLING CODE 8320-01-P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900-0622] Agency Information Collection Activities Under OMB Review AGENCY: Office of Management, Department of Veterans Affairs. ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act

(PRA)of 1995 (44 U.S.C. 3501-3521), this notice announces that the Office of Management (OM), Department of Veterans Affairs, has submitted the collection of information abstracted below to the Office of Management and Budget

(OMB)for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden; it includes the actual data collection instrument. DATES: Comments must be submitted on or before June 27, 2005. FOR FURTHER INFORMATION OR A COPY OF THE SUBMISSION CONTACT: Denise McLamb, Records Management Service (005E3), Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420,

(202)273-8030 or FAX

(202)273-5981 or e-mail *denise.mclamb@mail.va.gov.* Please refer to “OMB Control No. 2900-0622.” Send comments and recommendations concerning any aspect of the information collection to VA's Desk Officer, OMB Human Resources and Housing Branch, New Executive Office Building, Room 10235, Washington, DC 20503

(202)395-7316. Please refer to “OMB Control No. 2900-0622” in any correspondence. SUPPLEMENTARY INFORMATION: Under the PRA of 1995 (Public Law 104-13; 44 U.S.C. 3501-3521), 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,

(OM)invites comments on:

(1)Whether the proposed collection of information is necessary for the proper performance of (OM)'s functions, including whether the information will have practical utility;

(2)the accuracy of (OM)'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:* Department of Veterans Affairs Acquisition Regulation

(VAAR)Clause 852.236-89, Buy American Act. *OMB Control Number:* 2900-0622. *Type of Review:* Extension of a currently approved collection. *Abstract:* The Buy American Act requires that only domestic construction material shall be used to perform domestic Federal contracts for construction, with certain exceptions. Despite the allowable exceptions, it is VA policy not to accept foreign construction material. VAAR clause 852.236-89 advises bidders of theses provisions and requires bidders who choose to submit a bid that includes foreign construction material to identify and list the price of such material. VA uses the information to determine whether to accept or not accept a bid that includes foreign construction material. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The **Federal Register** Notice with a 60-day comment period soliciting comments on this collection of information was published on January 5, 2005, at page 941. *Affected Public:* Business or other for-profit; Individuals and households; and Not-for-profit institutions. *Estimated Annual Burden:* 20 hours. *Estimated Average Burden Per Respondent:* 30 min. *Frequency of Response:* On occasion. *Estimated Number of Respondents:* 40. Dated: May 20, 2005. By direction of the Secretary. Denise McLamb, Program Analyst, Records Management Service. [FR Doc. E5-2713 Filed 5-26-05; 8:45 am] BILLING CODE 8320-01-P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900-0120] Agency Information Collection Activities Under OMB Review AGENCY: Veterans Benefits Administration, Department of Veterans Affairs. ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act

(PRA)of 1995 (44 U.S.C. 3501-3521), this notice announces that the Veterans Benefits Administration (VBA), Department of Veterans Affairs, has submitted the collection of information abstracted below to the Office of Management and Budget

(OMB)for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden and includes the actual data collection instrument. DATES: Comments must be submitted on or before June 27, 2005. FOR FURTHER INFORMATION OR A COPY OF THE SUBMISSION CONTACT: Denise McLamb, Records Management Service (005E3), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420,

(202)273-8030, FAX

(202)273-5981 or e-mail: *denise.mclamb@mail.va.gov* . Please refer to “OMB Control No. 2900-0120.” Send comments and recommendations concerning any aspect of the information collection to VA's OMB Desk Officer, OMB Human Resources and Housing Branch, New Executive Office Building, Room 10235, Washington, DC 20503

(202)395-7316. Please refer to “OMB Control No. 2900-0120” in any correspondence. SUPPLEMENTARY INFORMATION: *Title:* Report of Treatment by Attending Physician, VA Form 29-551a. *OMB Control Number:* 2900-0120. *Type of Review:* Extension of a currently approved collection. *Abstract:* VA Form 29-551a is used to collect information from attending physician to determine the claimant's eligibility for disability insurance benefits. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The **Federal Register** Notice with a 60-day comment period soliciting comments on this collection of information was published on January 5, 2005, at page 940-941. *Affected Public:* Individuals or households. *Estimated Annual Burden:* 5,069 hours. *Estimated Average Burden Per Respondent:* 15 minutes. *Frequency of Response:* On occasion. *Estimated Number of Respondents:* 20,277. Dated: May 20, 2005. By direction of the Secretary. Denise McLamb, Program Analyst, Records Management Service. [FR Doc. E5-2714 Filed 5-26-05; 8:45 am] BILLING CODE 8320-01-P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900-0047] Agency Information Collection Activities Under OMB Review AGENCY: Veterans Benefits Administration, Department of Veterans Affairs. ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act

(PRA)of 1995 (44 U.S.C. 3501-3521), this notice announces that the Veterans Benefits Administration (VBA), Department of Veterans Affairs, has submitted the collection of information abstracted below to the Office of Management and Budget

(OMB)for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden; it includes the actual data collection instrument. DATES: Comments must be submitted on or before June 27, 2005. FOR FURTHER INFORMATION OR A COPY OF THE SUBMISSION CONTACT: Denise McLamb, Records Management Service (005E3), Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420,

(202)273-8030 or FAX

(202)273-5981. Please refer to “OMB Control No. 2900-0047.” Send comments and recommendations concerning any aspect of the information collection to VA's Desk Officer, OMB Human Resources and Housing Branch, New Executive Office Building, Room 10235, Washington, DC 20503

(202)395-7316. Please refer to “OMB Control No. 2900-0047” in any correspondence. SUPPLEMENTARY INFORMATION: *Title:* Financial Statement, VA Form 26-6807. *OMB Control Number:* 2900-0047. *Type of Review:* Extension of a currently approved collection. *Abstract:* The data collected on VA Form 26-6807 is used to determine release of liability and substitution of entitlement cases. VA may release original veteran obligors from personal liability arising from the original guaranty of their home loans, or the making of a direct loan, provided the purchasers/assumers meet the creditworthiness requirements. It is also used to determine a borrower's financial condition in connection with efforts to reinstate a seriously defaulted guaranteed, insured, or portfolio loan, and to determine homeowners' eligibility for aid under the Homeowners Assistance Program, which provides assistance by reducing losses incident to the disposal of homes when military installations at which the homeowners were employed or serving are ordered closed. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The **Federal Register** Notice with a 60-day comment period soliciting comments on this collection of information was published on January 5, 2005, at page 942. *Affected Public:* Individuals or households. *Estimated Annual Burden:* 7,500 hours. *Estimated Average Burden Per Respondent:* 45 minutes. *Frequency of Response:* On Occasion. *Estimated Number of Respondents:* 10,000. Dated: May 20, 2005. By direction of the Secretary. Cindy Stewart, Program Analyst, Records Management Service. [FR Doc. E5-2715 Filed 5-26-05; 8:45 am] BILLING CODE 8320-01-P DEPARTMENT OF VETERANS AFFAIRS Cost-of-Living Adjustments and Headstone or Marker Allowance Rate AGENCY: Department of Veterans Affairs. ACTION: Notice. SUMMARY: As required by law, the Department of Veterans Affairs

(VA)is hereby giving notice of cost-of-living adjustments (COLAs) in certain benefit rates and income limitations. These COLAs affect the pension, parents' dependency and indemnity compensation (DIC), spina bifida, and birth defects programs. These adjustments are based on the rise in the Consumer Price Index

(CPI)during the one year period ending September 30, 2004. VA is also giving notice of the maximum amount of reimbursement that may be paid for headstones or markers purchased in lieu of Government-furnished headstones or markers in Fiscal Year 2005, which began on October 1, 2004. DATES: These COLAs are effective December 1, 2004. The headstone or marker allowance rate is effective October 1, 2004. FOR FURTHER INFORMATION CONTACT: Pamela C. Liverman, Consultant, Compensation and Pension Service (212A), Veterans Benefits Administration, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420,

(757)858-6148, ext. 107. SUPPLEMENTARY INFORMATION: Under 38 U.S.C. 2306(d), VA may provide reimbursement for the cost of non-Government headstones or markers at a rate equal to the actual cost or the average actual cost of Government-furnished headstones or markers during the fiscal year preceding the fiscal year in which the non-Government headstone or marker was purchased, whichever is less. Section 8041 of Pub. L. 101-508 amended 38 U.S.C. 2306(d) to eliminate the payment of the monetary allowance in lieu of VA-provided headstone or marker for deaths occurring on or after November 1, 1990. However, in a precedent opinion (O. G. C. Prec. 17-90), VA's General Counsel held that there is no limitation period applicable to claims for benefits under the provisions of 38 U.S.C. 2306(d). The average actual cost of Government-furnished headstones or markers during any fiscal year is determined by dividing the sum of VA costs during that fiscal year for procurement, transportation, and miscellaneous administration, inspection and support staff by the total number of headstones and markers procured by VA during that fiscal year and rounding to the nearest whole dollar amount. The average actual cost of Government-furnished headstones or markers for Fiscal Year 2004 under the above computation method was $113. Therefore, effective October 1, 2004, the maximum rate of reimbursement for non-Government headstones or markers purchased during Fiscal Year 2005 is $113. Cost of Living Adjustments Under the provisions of 38 U.S.C. 5312 and section 306 of Pub. L. 95-588, VA is required to increase the benefit rates and income limitations in the pension and parents' DIC programs by the same percentage, and effective the same date, as increases in the benefit amounts payable under title II of the Social Security Act. The increased rates and income limitations are also required to be published in the **Federal Register** . The Social Security Administration has announced that there will be a 2.7 percent cost-of-living increase in Social Security benefits effective December 1, 2004. Therefore, applying the same percentage and rounding up in accordance with 38 CFR 3.29, the following increased rates and income limitations for the VA pension and parents' DIC programs will be effective December 1, 2004: Table 1.—Improved Pension Maximum Annual Rates

(1)Veterans permanently and totally disabled (38 U.S.C. 1521): Veteran with no dependents, $10,162 Veteran with one dependent, $13,309 For each additional dependent, $1,734

(2)Veterans in need of aid and attendance (38 U.S.C. 1521): Veteran with no dependents, $16,955 Veteran with one dependent, $20,099 For each additional dependent, $1,734

(3)Veterans who are housebound (38 U.S.C. 1521): Veteran with no dependents, $12,419 Veteran with one dependent, $15,566 For each additional dependent, $1,734

(4)Two veterans married to one another, combined rates (38 U.S.C. 1521): Neither veteran in need of aid and attendance or housebound, $13,309 Either veteran in need of aid and attendance, $20,099 Both veterans in need of aid and attendance, $26,187 Either veteran housebound, $15,566 Both veterans housebound, $17,824 One veteran housebound and one veteran in need of aid and attendance, $22,353 For each dependent child, $1,734

(5)Surviving spouse alone and with a child or children of the deceased veteran in custody of the surviving spouse (38 U.S.C. 1541): Surviving spouse alone, $6,814 Surviving spouse and one child in his or her custody, $8,921 For each additional child in his or her custody, $1,734

(6)Surviving spouses in need of aid and attendance (38 U.S.C. 1541): Surviving spouse alone, $10,893 Surviving spouse with one child in custody, $12,996 Surviving Spouse of Spanish-American War veteran alone, $11,596 Surviving Spouse of Spanish-American War veteran with one child in custody, $13,699 For each additional child in his or her custody, $1,734

(7)Surviving spouses who are housebound (38 U.S.C. 1541): Surviving spouse alone, $8,328 Surviving spouse and one child in his or her custody, $10,432 For each additional child in his or her custody, $1,734

(8)Surviving child alone (38 U.S.C. 1542), $1,734 *Reduction for income* . The rate payable is the applicable maximum rate minus the countable annual income of the eligible person. (38 U.S.C. 1521, 1541 and 1542). *Mexican border period and World War I veterans* . The applicable maximum annual rate payable to a Mexican border period or World War I veteran under this table shall be increased by $2,305 . (38 U.S.C. 1521(g)) Parents' DIC DIC shall be paid monthly to parents of a deceased veteran in the following amounts (38 U.S.C. 1315): One parent. If there is only one parent, the monthly rate of DIC paid to such parent shall be $487 reduced on the basis of the parent's annual income according to the following formula: Table 2 [For each $1 of annual income] The $487 monthly rate— Shall be reduced by Which is more than But not more than $0.00 0 $800 .08 $800 11,560 No DIC is payable under this table if annual income exceeds $11,560. *One parent who has remarried.* If there is only one parent and the parent has remarried and is living with the parent's spouse, DIC shall be paid under Table 2 or under Table 4, whichever shall result in the greater benefit being paid to the veteran's parent. In the case of remarriage, the total combined annual income of the parent and the parent's spouse shall be counted in determining the monthly rate of DIC. *Two parents not living together.* The rates in Table 3 apply to

(1)two parents who are not living together, or

(2)an unmarried parent when both parents are living and the other parent has remarried. The monthly rate of DIC paid to each such parent shall be $352 reduced on the basis of each parent's annual income, according to the following formula: Table 3 [For each $1 of annual income] The $352 monthly rate— Shall be reduced by Which is more than But not more than $0.00 0 $800 .06 $800 900 .07 900 1,100 .08 1,100 11,560 No DIC is payable under this table if annual income exceeds $11,560. *Two parents living together or remarried parents living with spouses.* The rates in Table 4 apply to each parent living with another parent; and each remarried parent, when both parents are alive. The monthly rate of DIC paid to such parents will be $330 reduced on the basis of the combined annual income of the two parents living together or the remarried parent or parents and spouse or spouses, as computed under the following formula: Table 4 [For each $1 of annual income] The $330 monthly rate Shall be reduced by Which is more than But not more than $.00 0 $1,000 .03 $1,000 1,500 .04 1,500 1,900 .05 1,900 2,400 .06 2,400 2,900 .07 2,900 3,200 .08 3,200 15,538 No DIC is payable under this table if combined annual income exceeds $15,538. The rates in this table are also applicable in the case of one surviving parent who has remarried, computed on the basis of the combined income of the parent and spouse, if this would be a greater benefit than that specified in Table 2 for one parent. *Aid and attendance.* The monthly rate of DIC payable to a parent under Tables 2 through 4 shall be increased by $263 if such parent is

(1)a patient in a nursing home, or

(2)helpless or blind, or so nearly helpless or blind as to need or require the regular aid and attendance of another person. *Minimum rate.* The monthly rate of DIC payable to any parent under Tables 2 through 4 shall not be less than $5. TABLE 5.—SECTION 306 PENSION INCOME LIMITATIONS

(1)Veteran or surviving spouse with no dependents, $11,560 (Pub. L. 95-588, section 306(a)).

(2)Veteran with no dependents in need of aid and attendance, $12,060 (38 U.S.C. 1521(d) as in effect on December 31, 1978).

(3)Veteran or surviving spouse with one or more dependents, $15,538 (Pub. L. 95-588, section 306(a)).

(4)Veteran with one or more dependents in need of aid and attendance, $16,038 (38 U.S.C. 1521(d) as in effect on December 31, 1978).

(5)Child (no entitled veteran or surviving spouse), $9,450 (Pub. L. 95-588, section 306(a)).

(6)Spouse income exclusion (38 CFR 3.262), $3,688 (Pub. L. 95-588, section 306(a)(2)(B)). TABLE 6.—OLD-LAW PENSION INCOME LIMITATIONS

(1)Veteran or surviving spouse without dependents or an entitled child, $10,120 (Pub. L. 95-588, section 306(b)).

(2)Veteran or surviving spouse with one or more dependents, $14,589 (Pub. L. 95-588, section 306(b)). Spina Bifida Benefits Section 421 of Public Law 104-204 added a new chapter 18 to title 38, United States Code, authorizing VA to provide certain benefits, including a monthly monetary allowance, to children born with spina bifida who are natural children of veterans who served in the Republic of Vietnam during the Vietnam era. Pursuant to 38 U.S.C. 1805(b)(3), spina bifida rates are subject to adjustment under the provisions of 38 U.S.C. 5312, which provides for the adjustment of certain VA benefit rates whenever there is an increase in benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 *et seq.* ). Effective December 1, 2004, spina bifida monthly rates are as follows: Level I: $244. Level II: $844. Level III: $1,440. Birth Defects Benefits Section 401 of Public Law 106-419 authorizes the payment of monetary benefits to, or on behalf of, children of female Vietnam veterans born with certain birth defects. Pursuant to 38 U.S.C. 1815(d), birth defects rates are subject to adjustment under the provisions of 38 U.S.C. 5312, which provides for the adjustment of certain VA benefit rates whenever there is an increase in benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 *et seq.* ). Effective December 1, 2004, birth defects monthly rates are as follows: Level I: $111. Level II: $244. Level III: $844. Level IV: $1,440. Dated: May 19, 2005. Gordon H. Mansfield, Deputy Secretary of Veterans Affairs. [FR Doc. 05-10609 Filed 5-26-05; 8:45 am]

Notices. Notice