Intent to Request Revision From OMB of One Current Public Collection of Information: TSA Claims Application

AGENCY:

Transportation Security Administration, DHS.

ACTION:

60-Day notice.

SUMMARY:

The Transportation Security Administration (TSA) invites public comment on one currently approved Information Collection Request (ICR), Office of Management and Budget (OMB) control number 1652-0039, that we will submit to OMB for a revision in compliance with the Paperwork Reduction Act (PRA). The ICR describes the nature of the information collection and its expected burden. The collection involves the submission of information from claimants in order to thoroughly examine and resolve tort claims against the agency.

DATES:

Send your comments by November 25, 2024.

ADDRESSES:

Comments may be emailed to TSAPRA@tsa.dhs.gov or delivered to the TSA PRA Officer, Information Technology (IT), TSA-11, Transportation Security Administration, 6595 Springfield Center Drive, Springfield, VA 20598-6011.

SUPPLEMENTARY INFORMATION:

Comments Invited

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number. The ICR documentation will be available at https://www.reginfo.gov upon its submission to OMB. Therefore, in preparation for OMB review and approval of the following information collection, TSA is soliciting comments to—

(1) Evaluate whether the proposed information requirement is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(2) Evaluate the accuracy of the agency's estimate of the burden;

(3) Enhance the quality, utility, and clarity of the information to be collected; and

(4) Minimize the burden of the collection of information on those who are to respond, including using appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

Information Collection Requirement

OMB Control Number 1652-0039; TSA Claims Application allows the agency to collect information from claimants in order to thoroughly examine and resolve tort claims against the agency. TSA receives approximately 625 tort claims per month arising from airport screening activities and other circumstances, including motor vehicle accidents and employee loss. The Federal Tort Claims Act (28 U.S.C. 1346(b), 1402(b), 2401(b), 2671-2680) is the authority under which the TSA Claims, Outreach, and Debt Branch adjudicates tort claims.

TSA collects the data whenever an individual believes s/he has experienced property loss or damage, a personal injury, or other damages due to the negligent or wrongful act or omission of a TSA employee while acting within the scope of their duties, and the individual decides to file a Federal tort claim against TSA. Submission of a claim is entirely voluntary and initiated by individuals. The claimants (or respondents) to this collection are typically the traveling public. Currently, claimants file a claim by submitting to TSA a Standard Form 95 (SF-95), which has been approved under OMB control number 1105-0008. Because TSA requires further clarifying information, claimants are asked to complete a Supplemental Information page added to the SF-95.

TSA is revising the collection to include TSA Form 600, Authorization for Disclosure of Protected Health Information Pursuant to the Health Insurance Portability and Accountability Act (HIPAA). If TSA requires information protected by HIPAA in order to fully adjudicate a claim, claimants are asked to complete TSA Form 600 to provide TSA with the claimant's: (1) name, (2) date of birth, (3) social security number, (4) address, (5) a description of the information to be disclosed, and (6) signature. TSA Form 600 permits TSA to investigate and evaluate administrative claims under the Federal Tort Claims Act and to engage with the claimants' health providers. If TSA determines payment is warranted, TSA will send the claimant a form requesting (1) claimant signature, (2) banking information, and (3) Social Security number (required by the U.S. Treasury for all Government payments to the public pursuant to 31 U.S.C. 3325) in order to make direct payment to the claimant.

Claim instructions and forms are available through the TSA website at https://www.tsa.gov. Claimants must download these forms and mail or fax them to TSA. On the Supplemental Information page, claimants are asked to provide additional claim information including: (1) email address, (2) airport, (3) location of incident within the airport, (4) complete travel itinerary, (5) whether baggage was delayed by the airline, (6) why they believe TSA was negligent, (7) whether they used a third-party baggage service, (8) whether they were traveling under military orders, and (9) whether they submitted claims with the airline or insurance companies.

Under the current system of claims submitted by mail or fax, TSA estimates there will be approximately 7500 respondents on an annual basis, for a total annual hour burden of 3,900 hours.

[FR Doc. 2024-21883 Filed 9-24-24; 8:45 am]

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