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8432
Federal Register
/Vol. 66, No. 21/Wednesday, January 31, 2001/Notices
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[FR Doc. 01
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BILLING CODE 4410
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MORRIS K. UDALL SCHOLARSHIPAND EXCELLENCE IN NATIONALENVIRONMENTAL POLICYFOUNDATIONThe United States Institute forEnvironmental Conflict Resolution;Agency Information CollectionActivities; Proposed Collection;Comment Request; U.S. Institute forEnvironmental Conflict ResolutionApplication for the National Roster ofDispute Resolution and ConsensusBuilding Professionals: Sub-Roster ofTransportation Mediators & Facilitators
AGENCY
:
Morris K. Udall Scholarshipand Excellence in NationalEnvironmental Policy Foundation, U.S.Institute for Environmental ConflictResolution.
ACTION
:
Notice.
SUMMARY
:
In compliance with thePaperwork Reduction Act andsupporting regulations, this documentannounces that the U.S. Institute forEnvironmental Conflict Resolution (theInstitute), part of the Morris K. UdallFoundation, is planning to submit thefollowing proposed InformationCollection Request (ICR) to the Office of Management and Budget (OMB):National Roster of EnvironmentalDispute Resolution and ConsensusBuilding Professionals: Sub-Roster of Transportation Mediators & Facilitators.Before submitting the ICR to OMB forreview and approval, the Institute issoliciting comments regarding theproposed information collection (see thesection C. below entitled Questions toConsider in Making Comments.) Thisdocument provides information on theneed for the Sub-Roster of Transportation Mediators & Facilitators,the information to be recorded in thesub-roster, and the entry criteria forapplicants who wish to be listed. Thesub-roster application will not beavailable until all Paperwork ReductionAct requirements are met.
DATES
:
Comments must be submitted onor before April 2, 2001.
ADDRESSES
:
Direct comments andrequests for information, includingcopies of the proposed ICR to: Joan C.Calcagno, Roster Manager, U.S. Institutefor Environmental Conflict Resolution,110 South Church Avenue, Suite 3350,Tucson, Arizona 85701, Fax: 520
670
5530, Phone: 520
670
5299, E-mail:roster@ecr.gov.
FOR FURTHER INFORMATION CONTACT
:
 JoanC. Calcagno, Roster Manager, U.S.Institute for Environmental ConflictResolution, 110 South Church Avenue,Suite 3350, Tucson, Arizona 85701, Fax:
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Federal Register
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520
670
5530, Phone: 520
670
5299,E-mail: roster@ecr.gov.
SUPPLEMENTARY INFORMATION
:
A. Title for the Collection of Information
Application for National Roster of Environmental Dispute Resolution andConsensus Building Professionals: Sub-Roster of Transportation Mediators &Facilitators.
B. Potentially Affected Persons
You are potentially affected by thisaction if you are a dispute resolutionprofessional with experience related toenvironmental reviews of transportationprojects and you wish to be listed on theNational Roster of EnvironmentalDispute Resolution and ConsensusBuilding Professionals: Sub-Roster of Transportation Mediators & Facilitators.
C. Questions To Consider in MakingComments
The U.S. Institute for EnvironmentalConflict Resolution requests yourcomments to any of the followingquestions related to collectinginformation for the Sub-Roster of Transportation Mediators & Facilitators:(1) Is the proposed sub-rosterapplication (
‘‘
collection of information
’’
) necessary for the properperformance of the functions of theagency, including whether theinformation will have practical utility?(2) Is the agency
s estimate of the timespent completing the application(
‘‘
 burden of the proposed collection of information
’’
) accurate, including thevalidity of the methodology andassumptions used?(3) Can you suggest ways to enhancethe quality, utility, and clarity of theinformation collected?(4) Can you suggest ways to minimizethe burden of the collection of information on those who are torespond, including through the use of appropriate automated electronic,mechanical, or other technologicalcollection techniques or other forms of information technology?
D. Abstract
The U.S. Institute for EnvironmentalConflict Resolution plans to collectinformation from environmental disputeresolution professionals with experiencein transportation cases who desire to become members of a roster of neutralsfrom which agencies may selectproviders of neutral services. Theproposed transportation roster is beingestablished as part of the U.S.Department of Transportation
sGuidance on Dispute Resolution, toprovide resources for neutral assistancein connection with environmentalreviews of transportation projects.Responses to the collection of information (the application) arevoluntary, but required to obtain a benefit (listing on the Sub-Roster of Transportation Mediators &Facilitators.) An agency may notconduct or sponsor, and a person is notrequired to respond to, a collection of information unless it displays acurrently valid OMB control number.
Background Information: U.S. Institute for Environmental Conflict Resolution
The U.S. Institute for EnvironmentalConflict Resolution was created in 1998 by the Environmental Policy andConflict Resolution Act (P.L. 105
156).The Institute is located in Tucson,Arizona and is part of the Morris K.Udall Foundation, an independentagency of the executive branch of thefederal government. The Institute
sprimary purpose is to provide impartial,non-partisan assistance to federal andnon-federal parties. The Instituteprovides assistance in seekingagreement or resolving disputes throughuse of mediation and othercollaborative, non-adversarial meansregarding environmental, naturalresources, and public lands issuesinvolving a federal interest. TheInstitute accomplishes most of its work by partnering or contracting with, orreferral to, experienced practitioners.
The Need for and Proposed Use of theInformation Collected in theApplication for the Sub-Roster of Transportation Mediators and Facilitators
The environmental streamliningsection of the Transportation Equity Actfor the 21st Century (TEA
21) (PublicLaw 105
178, as amended 105
206) wascreated by Congress in response toundue delays in completingtransportation projects and directsfederal agencies to coordinateenvironmental reviews of transportationprojects. Many of the delays were aresult of unresolved disputes amongagencies in the review process. Thus, akey part of environmental streamliningis managing conflict when it develops.Through discussions with federal andstate transportation and environmentalagencies, the Federal HighwayAdministration (FHWA) (an agency inthe U.S. Department of Transportation)identified the need for an efficient,effective alternative dispute resolution(ADR) system. The FHWA contractedwith the Institute to provide assistancein designing and implementing an ADRsystem. The system has been designedto prevent and resolve disputes amongfederal and state transportation, naturalresource, and environmental regulatoryagencies. It is designed to addressconflicts over specific issues that ariseunder the National EnvironmentalPolicy Act (NEPA) process, that is, thepreparation of EnvironmentalAssessments or Environmental ImpactStatements for specific projects, ordetermining whether CategoricalExemptions apply. It also applies toreviews for potential impacts onhistorical and archeological resources,and to reviews associated with permitsthat some projects require, such asdredge and fill permits from the ArmyCorps of Engineers (under Section 404of the Clean Water Act).The Sub-Roster of TransportationMediators & Facilitators (
‘‘
sub-roster
’’
) ispart of the ADR system. Interviews withnumerous federal and state agencyrepresentatives, who are potential usersof the system, identified the need forprofessional third-party assistance. Thesub-roster provides agencies with onesource from which to find experiencedneutrals to facilitate negotiations and tohelp resolve disputes. Agency personnelwill use the sub-roster primarily to findfacilitators or mediators experienced inpreventing and resolving disputes thatarise during environmental reviews of transportation projects. Agencies mayalso look to the sub-roster for suchservices as conflict assessment, processdesign, or related professional advice inthese same issues.In order for the sub-roster to be anefficient and effective part of theenvironmental streamlining ADRsystem, it must provide agencypersonnel seeking assistance specificinformation related to the third-partyneutral
s experience with environmentalreviews of transportation projects. TheInstitute operates the National Roster of Environmental Dispute Resolution andConsensus Building Professionals(
‘‘
roster
’’
), which has existed sinceFebruary 2000. (The roster applicationis open and continuous and available onInstitute
s website: www.ecr.gov.) Sub-roster applications will be submitted bythose practitioners who are already, orwill become, members of the roster. Theinformation already collected throughthe roster application process is notspecific enough to allow all rostermembers with this particular experienceto be identified. Collection of specificinformation relating to transportationexperience will expedite theidentification of appropriate neutrals.The sub-roster information,instructions and application will beavailable from the Institute
s website asa PDF document. The applicationgathers the information necessary to
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Federal Register
/Vol. 66, No. 21/Wednesday, January 31, 2001/Notices
determine whether the applicant meetsthe entry criteria and gathers someadditional information important toselecting appropriate practitionercandidates for the particular situation.Information will be entered on theapplication online, similarly to commoncomputerized word processing. It willthen be printed out and mailed in. Theapplicant can also save the applicationelectronically for purposes of updatingor revision. Hardcopy applications will be available by request to the Institute.Sub-roster members names andlocations will be tracked and searchablein an electronic database maintained bythe Institute. Agencies will be able torequest assistance in identifyingappropriate practitioners by contactingthe Institute Roster Manager.
Draft Sub-Roster Application
The draft application is attached. Theformat of the draft application will bemodified to use fonts, spacing andformatting for optimum electronic use.
E. Burden Statement
This ICR compiles data available fromthe resumes of most mediators andfacilitators with experience inenvironmental reviews of transportationprojects into a format that isstandardized and easily accessible foruse in making referrals. The applicationwill be submitted only by members of the National Roster of EnvironmentalDispute Resolution and ConsensusBuilding Professionals, who will havefamiliarity with providing this type of information as a result of applying formembership; the roster application isfilled out and submitted online and ismore detailed. Sub-roster applicantswill need to complete the sub-rosterapplication only once. They will be ableto update their information on avoluntary basis. The burden includestime spent to: (1) Review the entrycriteria, definitions, instructions andapplication; (2) access current (withinthe last ten years) information abouttheir experience with environmentalreviews of transportation projects; and(3) enter the information on the form,print it and mail it.
Likely Respondents:
Current andfuture members of the National Roster of Environmental Dispute Resolution andConsensus Building Professionals.
Estimated Number of Respondents(first year):
80.
Estimated Number of New Respondents (per year for succeeding  year):
10.
Proposed Frequency of Response:
one,with voluntary update.Respondent Time Burden Estimates:
Estimate Time per Response:
140minutes.
Estimated Number of Updates (per  year):
1, for half of the respondents.
Estimated Time for Update:
15minutes.
Estimated Total First Year Burden:
11200 minutes.
Estimated Total Subsequent Year Annual Burden:
1400 minutes, newrespondents + 675 minutes, updates.Respondent Cost Burden Estimates (at$150. per hour):
No capital or start-up costs (respondentswill use the same computer equipment to access the sub-roster application aswas used for their National Roster of ECR Practitioner application or respondents can request an applicationby phone or mail; applications aresubmitted through US Postal Service)Estimated Cost per Respondent (first  year):
$345.
Estimated Cost per Respondent (subsequent year):
$38.
Estimated Total First Year Burden:
$27,990.
Estimated Total Subsequent Year annual Burden:
$3,500, newrespondents; $1,688, updates.Burden means the total time, effort, orfinancial resources expended by personsto generate, maintain, retain, or discloseor provide information to or for aFederal agency. This includes the timeneeded to review instructions; develop,acquire, install, and utilize technologyand systems for the purpose of collecting, validating, and verifyinginformation, processing andmaintaining information, and disclosingand providing information andtransmitting information.
(Authority: 20 USC Sec. 5601
5609).Dated the 16th day of January, 2001.
Christopher L. Helms,
Executive Director, Morris K. Udall Foundation.
U.S. Institute for EnvironmentalConflict Resolution
National Roster of Environmental Dispute Resolution and ConsensusBuilding Professionals; Sub-Roster of Transportation Mediators & FacilitatorsInstructions & Application
Sub-Roster Entry Criteria
1. Membership on the National Roster of Environmental Dispute Resolutionand Consensus BuildingProfessionals2. Participation as a
Principal Professional 
in two
TransportationCases
within the last ten years
or 
Participation as a
Principal Professional 
in one
TransportationCase
within the last ten years
and 
one-year full time equivalentexperience within the last ten years:working for, or as a consultant to,a
transportation agency,
an
environmental resource agency 
oran
environmental regulatory agency 
in a position with responsibility for
environmental reviews
of 
transportation projectsor 
providing legal advice orrepresentation to parties in casesinvolving
environmental reviews
of 
transportation projects
Please Note
‘‘
Membership on the NationalRoster of Environmental DisputeResolution and Consensus BuildingProfessionals
’’
in criteria (1.) means youhave submitted an application to theroster and been notified of approval.
The
italicized terms
in the entrycriteria have specific definitions. Thedefinitions are included below.
Principal Professional 
incorporatesthe definition of 
Environmental DisputeResolution and Consensus Building Professional 
, which requires that youonly count cases in which you were a
‘‘
third party neutral engaged to assist allparties ***
’’
in various collaborativeprocesses. Do not include cases inwhich you acted as a: representative of or negotiator for a party, presidingjudge, hearing officer, or arbitrator.
A
Case
requires at least 20 hours of your activity.
Case Hours
is specificallydefined.
Only
cases
within the last ten yearsand on going
cases
can be included.
A
transportation case
could involvethe affected agencies (inter-agency), justone agency (intra-agency), or allstakeholders. Listing inter-agency casesis preferred.
You may count as a
transportationcase
, a case you included in theQualifying Case section of your rosterapplication, but you must include theinformation about the case as requestedin the sub-roster application.
‘‘
One year full time experience inthe last ten years
’’
means that theexperience does not necessarily have tohave been gained during one calendaryear and could be spread over the lastten years.
Definitions
Case.
Involves an actual or potentialdispute or lack of agreement on one ormore issues in controversy. A case mayalso be described as a process of  building agreement, recommendations,
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