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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
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[Federal Register: April 13, 2001 (Volume 66, Number 72)]
[Notices]
[Page 19241-19243]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ap01-94]
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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:
roster@ecr.gov.
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
[[Page 19243]]
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]
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