[Federal Register Volume 66, Number 72 (Friday, April 13, 2001)]
[Notices]
[Pages 19241-19243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9157]


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MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL ENVIRONMENTAL 
POLICY FOUNDATION


The United States Institute for Environmental Conflict 
Resolution; Agency Information Collection Activities: Submission for 
OMB Review; Comment Request; U.S. Institute for Environmental Conflict 
Resolution, Application for the National Roster of Dispute Resolution 
and Consensus Building Professionals: Sub-Roster of Transportation 
Mediators & Facilitators

AGENCY: Morris K. Udall Scholarship and Excellence in National 
Environmental Policy Foundation, U.S. Institute for Environmental 
Conflict Resolution.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act and supporting 
regulations, this document announces that the U.S. Institute for 
Environmental Conflict Resolution (the Institute), part of the Morris 
K. Udall Foundation, has forwarded to the Office of Management and 
Budget (OMB) the following Information Collection Request (ICR): 
National Roster of Environmental Dispute Resolution and Consensus 
Building Professionals: Sub-Roster of Transportation Mediators & 
Facilitators. The ICR describes the nature of the information 
collection, its expected burden and costs, the need for the 
transportation sub-roster, the information to be recorded, the entry 
criteria for applicants who wish to be listed, and a sample of the 
actual data collection instrument (the application.) The sub-roster 
application will not be available until all Paperwork Reduction Act 
requirements are met. The Institute published a Federal Register notice 
on January 31, 2001 at 66 FR 8432, to solicit public comments for a 60-
day period. The Institute received no public comments. The purpose of 
this notice is to allow an additional 30 days for public comments on 
this information collection.

DATES: Comments must be submitted on or before May 14, 2001.

ADDRESSES: Direct comments to: Office of Information and Regulatory 
Affairs, Office of Management and Budget (OMB), Attention: Amy Farrell, 
Desk Officer for The Morris K. Udall Scholarship and Excellence in 
National Environmental Policy Foundation, U.S. Institute for 
Environmental Conflict Resolution 725 17th Street NW, Washington, DC 
20503.

FOR FURTHER INFORMATION CONTACT: For further information or a copy of 
the ICR, contact: Joan C. Calcagno, Roster Manager, U.S. Institute for 
Environmental Conflict Resolution, 110 South Church Avenue, Suite 3350, 
Tucson, Arizona 85701, Fax: 520-670-5530, Phone: 520-670-5299, E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

A. Title for the Collection of Information

    Application for National Roster of Environmental Dispute Resolution 
and Consensus Building Professionals: Sub-Roster of Transportation 
Mediators & Facilitators.

B. Potentially Affected Persons

    You are potentially affected by this action if you are a dispute 
resolution professional with experience related to environmental 
reviews of transportation projects and you wish to be listed on the 
National Roster of Environmental Dispute Resolution and Consensus 
Building Professionals: Sub-Roster of Transportation Mediators & 
Facilitators.

C. Questions to Consider in Making Comments

    The U.S. Institute for Environmental Conflict Resolution requests 
your comments to any of the following questions related to collecting 
information for the Sub-Roster of Transportation Mediators & 
Facilitators:
    (1) Is the proposed sub-roster application (``collection of 
information'') necessary for the proper performance of the functions of 
the agency, including whether the information will have practical 
utility?
    (2) Is the agency's estimate of the time spent completing the 
application (``burden of the proposed collection of

[[Page 19242]]

information'') accurate, including the validity of the methodology and 
assumptions used?
    (3) Can you suggest ways to enhance the quality, utility, and 
clarity of the information collected?
    (4) Can you suggest ways to minimize the burden of the collection 
of information on those who are to respond, including through the use 
of appropriate automated electronic, mechanical, or other technological 
collection techniques or other forms of information technology?

D. Abstract

    The U.S. Institute for Environmental Conflict Resolution plans to 
collect information from environmental dispute resolution professionals 
with experience in transportation cases who desire to become members of 
a roster of neutrals from which agencies may select providers of 
neutral services. The proposed transportation roster is being 
established as part of the U.S. Department of Transportation's Guidance 
on Dispute Resolution, to provide resources for neutral assistance in 
connection with environmental reviews of transportation projects.
    Responses to the collection of information (the application) are 
voluntary, but required to obtain a benefit (listing on the Sub-Roster 
of Transportation Mediators & Facilitators.) 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.
    Background Information: U.S. Institute for Environmental Conflict 
Resolution The U.S. Institute for Environmental Conflict Resolution was 
created in 1998 by the Environmental Policy and Conflict Resolution Act 
(P.L. 105-156). The Institute is located in Tucson, Arizona and is part 
of the Morris K. Udall Foundation, an independent agency of the 
executive branch of the federal government. The Institute's primary 
purpose is to provide impartial, non-partisan assistance to federal and 
non-federal parties. The Institute provides assistance in seeking 
agreement or resolving disputes through use of mediation and other 
collaborative, non-adversarial means regarding environmental, natural 
resources, and public lands issues involving a federal interest. The 
Institute accomplishes most of its work by partnering or contracting 
with, or referral to, experienced practitioners.
    The Need for and Proposed Use of the Information Collected in the 
Application for the Sub-Roster of Transportation Mediators and 
Facilitators The environmental streamlining section of the 
Transportation Equity Act for the 21st Century (TEA-21) (P.L. 105-178, 
as amended 105-206) was created by Congress in response to undue delays 
in completing transportation projects and directs federal agencies to 
coordinate environmental reviews of transportation projects. Many of 
the delays were a result of unresolved disputes among agencies in the 
review process. Thus, a key part of environmental streamlining is 
managing conflict when it develops. Through discussions with federal 
and state transportation and environmental agencies, the Federal 
Highway Administration (FHWA) (an agency in the U.S. Department of 
Transportation) identified the need for an efficient, effective 
alternative dispute resolution (ADR) system. The FHWA contracted with 
the Institute to provide assistance in designing and implementing an 
ADR system. The system has been designed to prevent and resolve 
disputes among federal and state transportation, natural resource, and 
environmental regulatory agencies. It is designed to address conflicts 
over specific issues that arise under the National Environmental Policy 
Act (NEPA) process, that is, the preparation of Environmental 
Assessments or Environmental Impact Statements for specific projects, 
or determining whether Categorical Exemptions apply. It also applies to 
reviews for potential impacts on historical and archeological 
resources, and to reviews associated with permits that some projects 
require, such as dredge and fill permits from the Army Corps of 
Engineers (under Section 404 of the Clean Water Act).
    The Sub-Roster of Transportation Mediators & Facilitators (``sub-
roster'') is part of the ADR system. Interviews with numerous federal 
and state agency representatives, who are potential users of the 
system, identified the need for professional third-party assistance. 
The sub-roster provides agencies with one source from which to find 
experienced neutrals to facilitate negotiations and to help resolve 
disputes. Agency personnel will use the sub-roster primarily to find 
facilitators or mediators experienced in preventing and resolving 
disputes that arise during environmental reviews of transportation 
projects. Agencies may also look to the sub-roster for such services as 
conflict assessment, process design, or related professional advice in 
these same issues.
    In order for the sub-roster to be an efficient and effective part 
of the environmental streamlining ADR system, it must provide agency 
personnel seeking assistance specific information related to the third-
party neutral's experience with environmental reviews of transportation 
projects. The Institute operates the National Roster of Environmental 
Dispute Resolution and Consensus Building Professionals (``roster''), 
which has existed since February 2000. (The roster application is open 
and continuous and available on Institute's website: www.ecr.gov.) Sub-
roster applications will be submitted by those practitioners who are 
already, or will become, members of the roster. The information already 
collected through the roster application process is not specific enough 
to allow all roster members with this particular experience to be 
identified. Collection of specific information relating to 
transportation experience will expedite the identification of 
appropriate neutrals.
    The sub-roster information, instructions and application will be 
available from the Institute's website as a PDF document. The 
application gathers the information necessary to determine whether the 
applicant meets the entry criteria and gathers some additional 
information important to selecting appropriate practitioner candidates 
for the particular situation. Information will be entered on the 
application online, similarly to common computerized word processing. 
It will then be printed out and mailed in. The applicant can also save 
the application electronically for purposes of updating or revision. 
Hardcopy applications will be available by request to the Institute. 
Sub-roster members' names and locations will be tracked and searchable 
in an electronic database maintained by the Institute. Agencies will be 
able to request assistance in identifying appropriate practitioners by 
contacting the Institute Roster Manager.
    The draft Sub-Roster Application is attached to the ICR.

E. Burden Statement

    This ICR compiles data available from the resumes of most mediators 
and facilitators with experience in environmental reviews of 
transportation projects into a format that is standardized and easily 
accessible for use in making referrals. The application will be 
submitted only by members of the National Roster of Environmental 
Dispute Resolution and Consensus Building Professionals, who will have 
familiarity with providing this type of information as a result of 
applying for membership; the roster application is filled out and 
submitted online and is more detailed. Sub-roster applicants will need 
to complete the sub-roster application only once. They will be able to 
update their information on a

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voluntary basis. The burden includes time spent to: (1) review the 
entry criteria, definitions, instructions and application; (2) access 
current (within the last ten years) information about their experience 
with environmental reviews of transportation projects; and (3) enter 
the information on the form, print it and mail it.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purpose of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information and transmitting information.
    Likely Respondents: Current and future members of the National 
Roster of Environmental Dispute Resolution and Consensus 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: 2.33 hours.
    Estimated Number of Updates: 1, for approximately half of previous 
respondents.
    Estimated Time for Update: .25 hours.
    Estimated Total First Year Burden: 187 hours (2.33  x  80 
respondents).
    Estimated Total Second Year Burden: 33 hours (23 hours for 10 new 
respondents + 10 hours for updates by 40 previous respondents).
    Estimated Total Third Year Burden: 34.25 hours (23 hours for 10 new 
respondents + 11.25 hours for updates by 45 previous respondents).

Respondent Cost Burden Estimates

    It is not anticipated that there will be capital or start-up costs 
(respondents will use the same computer equipment to access the sub-
roster application as was used for their National Roster of ECR 
Practitioner application or respondents can request an application by 
phone or mail; applications are submitted through US Postal Service.)

    Authority: 20 U.S.C. Sec. 5601-5609.


    Dated the 9th day of April, 2001.
Christopher L. Helms,
Executive Director, Morris K. Udall Foundation.
[FR Doc. 01-9157 Filed 4-12-01; 8:45 am]
BILLING CODE 6820-FN-P