The United States Institute for Environmental Conflict Resolution; Agency Information Collection Activities; Extension of Currently Approved Information Collection; Comment Request, 35457-35460 [05-12073]
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Federal Register / Vol. 70, No. 117 / Monday, June 20, 2005 / Notices
section 246 the Trade Act of 1974, as
amended, established that the
Department must determine whether a
significant number of workers in the
workers’ firm are 50 years of age or
older, whether the workers in the
workers’ firm possess skills that are not
easily transferable, and whether the
competitive conditions within the
workers’ industry are adverse.
During the initial determination, the
Department determined that at least five
percent of the workforce at the subject
firm is at least fifty years of age, that
workers of the subject firm possess
skills that are easily transferable, and
that competitive conditions within the
industry are adverse.
During the remand investigation, the
Department obtained new information,
including information that shows that
the average salary level of workers with
similar skills as the worker group
declined significantly during the
investigatory period, that manufacturing
employment opportunities within a 120mile radius of the subject firm are
scarce, and that existing manufacturing
companies in the county which the
subject company is located are not
seeking hiring workers with those skills
which are possessed by the subject
worker group.
The Department cannot grant the
petitioner’s request to extend the
certification period to include workers
who were separated prior to September
2, 2003 because the applicable
regulation, 29 CFR 90.16(e)(1), states
that exclusions from coverage of a
certification of eligibility include any
worker whose last total or partial
separation from the subject firm
occurred more than one year before the
date of the petition.
Conclusion
After careful review of the facts, I
conclude that the requirements of
section 246 of the Trade Act of 1974, as
amended, have been met for workers at
the subject firm. In accordance with the
provisions of the Act, I make the
following certification:
All workers of Philips Lighting Company, A
Subsidiary of Royal Philips Electronics,
Paris, Texas, who became totally or partially
separated from employment on or after
September 2, 2003 through September 29,
2006, are eligible to apply for adjustment
assistance under section 223 of the Trade Act
of 1974, and are also eligible to apply for
alternative trade adjustment assistance under
section 246 of the Trade Act of 1974.
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Signed at Washington, DC, this 7th day of
June 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E5–3164 Filed 6–17–05; 8:45 am]
I further determine that all workers of
Pilling/Weck, a subsidiary of Teleflex,
including on-site leased workers of Aerotek
and Acsys, Horsham, Pennsylvania are
denied eligibility to apply for alternative
trade adjustment assistance under section
246 of the Trade Act of 1974.’’
BILLING CODE 4510–30–P
Signed at Washington, DC this 7th day of
June 2005.
Richard Church,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E5–3169 Filed 6–17–05; 8:45 am]
DEPARTMENT OF LABOR
Employment and Training
Administration
BILLING CODE 4510–30–P
[TA–W–57,031]
Pilling/Weck, a Subsidiary of Teleflex,
Including On-Site Leased Workers of
Aerotek and Acsys; Horsham, PA;
Amended Certification Regarding
Eligibility To Apply for Worker
Adjustment Assistance and Negative
Determination Regarding Eligibility To
Apply for Alternative Trade Adjustment
Assistance
In accordance with section 223 of the
Trade Act of 1974 (19 U.S.C. 2273) the
Department of Labor issued a
Certification of Eligibility to Apply for
Worker Adjustment Assistance and a
Negative Determination Regarding
Eligibility to Apply for Alternative
Trade Adjustment Assistance on May
26, 2005, applicable to workers of
Pilling/Weck, a subsidiary of Teleflex,
including on-site leased workers of
Aerotek, Horsham, Pennsylvania. The
notice will be published soon in the
Federal Register.
At the request of the State agency, the
Department reviewed the certification
for workers of the subject firm. New
information shows that leased workers
of Acsys were employed on-site at the
Horsham, Pennsylvania location of
Pilling/Weck, a subsidiary of Teleflex.
Based on these findings, the
Department is amending this
certification to include leased workers
of Acsys working at Pilling/Weck, a
subsidiary of Teleflex, Horsham,
Pennsylvania.
The intent of the Department’s
certification is to include all workers
employed at Pilling/Weck, a subsidiary
of Teleflex who were adversely affected
by a shift in production to South Korea,
Pakistan and Germany.
The amended notice applicable to
TA–W–57,031 is hereby issued as
follows:
‘‘All workers of Pilling/Weck, a subsidiary
of Teleflex, including on-site leased workers
of Aerotek and Acsys, Horsham,
Pennsylvania who became totally or partially
separated from employment on or after April
20, 2004, through May 26, 2007, are eligible
to apply for adjustment assistance under
section 223 of the Trade Act of 1974.
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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; Extension of Currently
Approved Information Collection;
Comment Request
Morris K. Udall Scholarship
and Excellence in National
Environmental Policy Foundation, U.S.
Institute for Environmental Conflict
Resolution
ACTION: Notice; U.S. Institute for
Environmental Conflict Resolution
application for the National Roster of
Environmental Dispute Resolution and
Consensus Building Professionals.
AGENCY:
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, is planning to submit to the
Office of Management and Budget
(OMB) a request for an extension for the
currently approved information
collection (ICR), OMB control Number
3320–0008: Application for the National
Roster of Environmental Dispute
Resolution and Consensus Building
Professionals (‘‘National Roster of ECR
Practitioners’’ or ‘‘roster’’), currently
operating pursuant to OMB clearance
issued October 17, 2002 and which
expires October 31, 2005. Before
submitting the extension to OMB for
review and approval, the Institute is
soliciting comments regarding the
information collection (see section C.
below entitled ‘‘Questions to Consider
in Making Comments’’). This document
provides information on the continuing
need for the Roster of ECR Practitioners
Application and the information
recorded in the application.
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Federal Register / Vol. 70, No. 117 / Monday, June 20, 2005 / Notices
Comments must be submitted on
or before August 19, 2005.
ADDRESSES: Direct comments to Joan C.
Calcagno, Roster Manager, U.S. Institute
for Environmental Conflict Resolution,
130 South Scott Ave., Tucson, Arizona
85701. Fax: 520–670–5530. Phone: 520–
670–5299. E-mail: roster@ecr.gov.
FOR FURTHER INFORMATION CONTACT:
Direct questions and requests for
information, including copies of the
ICR, to Joan C. Calcagno, Roster
Manager, U.S. Institute for
Environmental Conflict Resolution, 130
South Scott Ave., Tucson, Arizona
85701. Fax: 520–670–5530. Phone: 520–
670–5299. E-mail: roster@ecr.gov.
SUPPLEMENTARY INFORMATION:
DATES:
A. Title for the Collection of
Information
Application for National Roster of
Environmental Dispute Resolution and
Consensus Building Professionals
(‘‘National Roster of ECR Practitioners’’).
B. Potentially Affected Persons
You are potentially affected by this
action if you are a dispute resolution or
consensus building professional in the
environmental or natural resources field
who wishes to be listed on the National
Roster of Environmental Dispute
Resolution and Consensus Building
Professionals.
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 extension of the
Application for the National Roster of
ECR Practitioners:
(1) Is the continued use of the
application (‘‘collection of
information’’) necessary for the proper
performance of the functions of the
agency, including whether the
information has practical utility?
(2) Is the agency’s estimate of the time
spent completing the application
(‘‘burden of the proposed collection of
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?
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D. Abstract
The U.S. Institute for Environmental
Conflict Resolution plans to continue
collecting information from
environmental dispute resolution and
consensus building neutral
professionals who desire to become
members of the National Roster of ECR
Practitioners, from which the Institute
and those involved in environmental,
natural resource, or public lands
disputes may locate providers of neutral
services. Responses to the collection of
information (the application) are
voluntary, but required to obtain a
benefit (listing on the National Roster of
Environmental Dispute Resolution and
Consensus Building Professionals.) 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 (Pub. L. 105–
156). The U. S. Institute is a federal
program established by the U. S.
Congress to assist parties in resolving
environmental, natural resource, and
public lands conflicts. The Institute is
part of the Morris K. Udall Foundation,
an independent federal agency of the
executive branch overseen by a board of
trustees appointed by the President. The
Institute serves as an impartial, nonpartisan institution providing
professional expertise, services, and
resources to all parties involved in such
disputes, regardless of who initiates or
pays for assistance. The Institute helps
parties determine whether collaborative
problem solving is appropriate for
specific environmental conflicts, how
and when to bring all the parties to the
table, and whether a third-party
facilitator or mediator might be helpful
in assisting the parties in their efforts to
reach consensus or to resolve the
conflict. In addition, the Institute
maintains the National Roster of ECR
Practitioners, a roster of qualified
facilitators and mediators with
substantial experience in environmental
conflict resolution, and can help parties
in selecting an appropriate neutral. The
Institute accomplishes most of its work
by partnering, contracting with, or
referral to, experienced practitioners.
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The Need for and Use of the Information
Collected in the Application for the
Roster of ECR Practitioners
Roster of ECR Practitioners
Application: The application can be
viewed on-line from the Institute’s Web
site: https://www.ecr.gov (simply register
in the application system to access and
review an application). A hardcopy
application may also be obtained from
the Institute for those without web
access (see FOR FURTHER INFORMATION
CONTACT above).
Background Information: The
information collected in the application
for the National Roster of ECR
Practitioners is the basis for an on-line
database, searchable by a combination
of 10 criteria designed to locate
appropriate practitioners by matching
desired characteristics with the
information in the application. The
application was first available in
September 1999 and remains available
on a continuous basis. The Roster of
ECR Practitioners first became
operational in February 2000 with 60
members and currently includes over
255 members from 41 states, the District
of Columbia, and 2 Canadian provinces.
They represent a broad cross-section of
professional backgrounds and a broad
distribution of case experience across 42
types of case issues. Each member has
documented experience which meets
the roster entry criteria, and each has
experience as a neutral in some or all of
the following: Mediation, facilitation,
consensus building, process design,
conflict assessment, system design,
neutral evaluation/fact finding,
superfund allocation, and/or regulatory
negotiation.
The specific entry criteria and
applicable definitions are available from
the Institute’s Web site: https://ecr.gov/
roster.htm. Generally stated, the entry
criteria require that an applicant has:
(1) Served as the lead neutral in a
collaborative process (e.g., mediation,
consensus building, conflict assessment)
for at least 200 case hours in two to ten
environmental cases, and
(2) Accumulated a total of 60 points
across three categories: Additional case
experience and complex case
experience; experience as a trainer or
trainee; and substantive work/
volunteer/educational experience in
fields related to Alternative Dispute
Resolution/Environmental Conflict
Resolution, such as law, science, public
administration.
Use of the National Roster of ECR
Practitioners: The roster search and
referral service has been accessible
through the Institute since February
2000. The Institute uses the roster
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(specifically the information collected
in the application) as a resource when
making referrals to those searching for
neutral ECR professionals with specific
experience, backgrounds, or expertise
(external referrals). The Institute also
uses the roster as a resource when
locating appropriate ECR neutral
professionals with whom to partner/
sub-contract for projects in which the
Institute is involved (internal referrals),
pursuant to the Institute’s statutory
direction to work with practitioners
located near the dispute, when
practicable and appropriate. The roster
referral system is enhanced through
cooperation with existing programs and
networks of environmental disputeresolution and consensus-building
practitioners familiar with the issues in
their respective states and regions.
In October 2004, the roster became
directly available on the web to anyone
interested in locating ECR practitioners.
Since then anyone interested in locating
ECR practitioners can contact the
Institute for a referral through the Roster
Manager or register in the search system
and search the roster themselves. The
Roster Manager remains available to
assist searchers in getting the best use of
the roster search and to provide advice
about next steps.
The Environmental Protection Agency
(EPA) Alternative Dispute Resolution
(ADR) personnel have had direct,
electronic access to search the roster
since February 2000. The Department of
Interior Office of Collaborative Action
and Dispute Resolution and ADR
personnel from various DOI bureaus
have had direct access since November
2002. Roster Members have also had
direct access to the search since May
2004. Statistics related to the use of the
roster since February 2000 can be found
in the Roster Program Overview,
available from: https://ecr.gov/roster/
progsumm.html.
Federal agencies are not required to
select from the roster. Professionals not
on the roster remain fully eligible to
serve as ECR practitioners in disputes
involving federal agencies. Finally,
being listed on the roster does not
guarantee additional work for the
practitioner.
Development and Need for the
National Roster of ECR Practitioners:
The roster was developed with the
support of the Environmental Protection
Agency. Based on a 1997 study
concerning the potential of a national
roster of qualified practitioners, EPA
decided to support the development of
such a roster through the Institute.
To develop the project, the EPA and
the Institute brought together a work
group consisting of EPA dispute
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resolution professionals and contracting
officers, state dispute resolution
officials, private dispute resolution
practitioners and academics. Informed
in part by ideas from this group, the
EPA and the Institute proposed roster
entry qualifications and draft
application, which were published in
the Federal Register in November 1998.
Before the entry criteria and application
were finalized, the comments received
in response to the Federal Register
notice were reviewed. Outreach
continued through meetings and
newsletter articles, as well as individual
communications to professional
associations, state and federal
government agencies, dispute resolution
firms, individual practitioners,
professional associations of attorneys,
environmental and citizen groups.
The roster was created, and continues
to be needed, for several reasons. The
use of Alternative Dispute Resolution in
the environmental and public policy
arena has grown markedly over the last
two decades. In this context, ADR
processes now include techniques
ranging from conflict prevention, such
as consensus building and facilitation of
public policy dialogues, to specific
dispute resolution through assisted
negotiations and mediation. The
number of environmental conflict
resolution (ECR) practitioners has grown
as the field has gained prominence and
professionals from a variety of
disciplines have become attracted to its
advantages and opportunities.
An essential step in any dispute
resolution process occurs when parties
select a practitioner. Parties making the
selection rightfully expect that the
practitioner will be qualified to provide
the service sought and has experience
and style matched well to the nature of
the issues and to the parties. Thus, the
National Roster of ECR Practitioners is
designed to advance the interests of the
growing field of dispute resolution,
reflect the evolving standards of best
practice, and help direct the
expenditure of public funds for quality
services.
In fifteen years of using ADR, before
the creation of the National Roster of
ECR Practitioners, EPA found that
parties to a dispute or controversy
generated a list of desired
characteristics, such as experience with
specific types of issues, cases or
disputes, location, and other factors,
that they would use in an attempt to
identify the right person to assist them.
Locating practitioners meeting these
criteria was often a ‘‘hit-or-miss’’
experience depending on the resources,
available time, and experience of the
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parties with locating appropriate
neutrals.
Although the EPA operates a national
service contract that manages major
cases through a list of experienced
providers, it is limited in scope and
membership, and as a consequence it
can be burdensome to use to identify
neutrals for small or localized cases.
Most other Federal agencies have no
vehicle or information available to assist
in this important first step to conducting
a good dispute resolution process.
More specifically, the National Roster
of ECR Practitioners is necessary for the
proper performance of the Institute’s
goals: to resolve Federal environmental
disputes in a timely and constructive
manner; to increase the appropriate use
of environmental conflict resolution; to
improve the ability of Federal agencies
and other interested parties to engage in
ECR effectively; and to promote
collaborative problem-solving and
consensus-building during the design
and implementation of Federal
environmental policies so as to prevent
and reduce the incidence of future
environmental disputes.
In addition, the U.S. Institute’s
enabling legislation directs the Institute
to work with practitioners located near
the conflict whenever practical.
Consistent with this mandate, the
Institute must be able to identify
appropriate experienced dispute
resolution and consensus building
professionals in an efficient manner.
Finally, the Administrative Dispute
Resolution (ADR) Act of 1996 (5 U.S.C.
571 et seq.) authorizes the Federal
government to contract with dispute
resolution professionals (e.g., facilitators
or mediators) to assist it and other
parties to disputes in reaching an
agreement, settlement, or consensus.
The ADR Act authorizes the government
to take steps to make identifying and
contracting with neutrals easier (cf. 5
U.S.C. 573(c)).
Thus, the goal of the National Roster
of ECR Practitioners and the referral
system is to improve access to qualified
environmental dispute resolution and
consensus building professionals for the
Institute and others sponsoring or
engaging in environmental conflict
resolution processes. The roster
expedites the identification of
appropriate professionals, shortens the
time needed to complete contracting
documents, and helps refer parties to
practitioners, particularly practitioners
in the locale of the dispute.
Preliminary feedback from users of
the roster search system indicates that:
they would recommend the roster as a
primary source for locating ECR
practitioners; the roster increases the
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likelihood of selecting appropriate
practitioners; and the roster is a
systematic and efficient way to identify
practitioners.
The roster and the referral system
provide an efficient, credible and userfriendly source from which to
systematically identify experienced
environmental neutral professionals;
increase the use of collaborative
processes by providing a useful tool for
locating appropriate practitioners; and
provide users with a detailed
Practitioner Profiles, reflecting
information contained in the
application, to be used as a helpful first
step in the process of selecting an
appropriate neutral.
E. Burden Statement
The application compiles data
available from the resumes of dispute
resolution and consensus building
professionals into a format that is
standardized for efficient and fair
eligibility review, database searches,
and retrievals. A professional needs to
complete the form only one time. Once
the application is approved, the roster
member has continual access to his or
her on-line account to update
information, on a voluntary basis. The
burden includes time spent to review
instructions, review resume
information, and enter the information
in the form.
Likely Respondents: Environmental
dispute resolution and consensus
building professionals (new
respondents); existing roster members
(for updating)
Proposed Frequency of Response:
One, with voluntary updates
approximately once per year.
Estimated Number of New
Respondents (first extension year): 30.
Estimated Number of Existing
Respondents—for updating (first
extension year): 125.
Estimated Number of New
Respondents (per year for succeeding
year): 30.
Estimated Number of Existing
Respondents—for updating (per year for
succeeding year): 125.
Respondent Time Burden Estimates:
Estimated Time per New Response:
150 minutes (2.5 hours).
Estimated Number of Updates (per
year): 1, for 125 existing respondents.
Estimated Time for Update: 15
minutes.
Estimated Total First Extension Year
Burden: 4500 minutes (75 hours) (30
new respondents); 1875 minutes (31.25
hours) (125 updates).
Estimated Total Subsequent Year
Annual Burden: 4500 minutes (75
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hours) (30 new respondents); 1875
minutes (31.25 hours) (125 updates).
Respondent Cost Burden Estimates (at
$150 per hour): No capital or start-up
costs.
Estimated Cost per Respondent (first
extension year): $375 (new
respondents); $38 (updates).
Estimated Cost per Respondent
(subsequent year): $375 (new
respondents); $38 (updates).
Estimated Total First Extension Year
Burden: $11,250 (new respondents);
$4,750 (updates).
Estimated Total Subsequent Year
Annual Burden: $11,250 (new
respondents); $4,750 (updates).
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.
(Authority: 20 U.S.C. 5601–5609)
Dated the 14th day of June 2005.
Christopher L. Helms,
Executive Director, Morris K. Udall
Scholarship and Excellence in National
Environmental Policy Foundation, and
Federal Register Liaison Officer.
[FR Doc. 05–12073 Filed 6–17–05; 8:45 am]
BILLING CODE 6820–FN–P
NATIONAL SCIENCE FOUNDATION
Agency Information Collection
Activities: Comment Request
National Science Foundation.
Submission for OMB review;
comment request.
AGENCY:
ACTION:
SUMMARY: The National Science
Foundation (NSF) has submitted the
following information collection
requirement to OMB for review and
clearance under the Paperwork
Reduction Act of 1995, Pub. L. 104–13.
This is the second notice for the public
comment; the first was published in the
Federal Register at 70 FR 18430, and
one comment was received. NSF is
forwarding the proposed renewal
submission to the Office of Management
and Budget (OMB) for clearance
simultaneously with the publication of
this second notice. Comments regarding
(a) whether the collection of information
is necessary for the proper performance
of the functions of the agency, including
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whether the information will have
practical utility; (b) the accuracy of the
agency’s estimate of burden including
the validity of the methodology and
assumptions used; (c) ways to enhance
the quality, utility and clarity of the
information to be collected; (d) 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 should be
addressed to: Office of Information and
Regulatory Affairs of OMB, Attention:
Desk Officer for National Science
Foundation, 725—17th Street, NW.,
Room 10235, Washington, DC 20503,
and to Suzanne H. Plimpton, Reports
Clearance Officer, National Science
Foundation, 4201 Wilson Boulevard,
Suite 295, Arlington, Virginia 22230 or
send e-mail to splimpto@nsf.gov.
Comments regarding these information
collections are best assured of having
their full effect if received within 30
days of this notification. Copies of the
submission(s) may be obtained by
calling 703–292–7556.
NSF may not conduct or sponsor a
collection of information unless the
collection of information displays a
currently valid OMB control number
and the agency informs potential
persons who are to respond to the
collection of information that such
persons are not required to respond to
the collection of information unless it
displays a currently valid OMB control
number.
SUPPLEMENTARY INFORMATION:
Comment: On April 11, 2005, we
published in the Federal Register (70 FR
18430) a 60-day notice of our intent to
request renewal of this information
collection authority from OMB. In that
notice, we solicited public comments
for 60 days ending June 10, 2005. On
comment was received from the public
notice. The comment came from B.
Sachau of Floram Park, NJ, via e-mail on
April 18, 2005. Ms. Sachau objected to
the information collection. Ms. Sachau
suggested that NSF discontinue funding
education-related projects and leave
education to the state and local
authorities and possibly to the
Department of Education. Ms. Sachau
had no specific suggestions for altering
the data collection plans other than to
discontinue or ‘‘sunset’’ them entirely.
Response: We responded to Ms.
Sachau on April 27, 2005, stating that
we could not comment on the political
issues raised in her e-mail. We
described the program and noted that
NSF takes seriously its mission as
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]]>Agencies
[Federal Register Volume 70, Number 117 (Monday, June 20, 2005)]
[Notices]
[Pages 35457-35460]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12073]
=======================================================================
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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; Extension of
Currently Approved Information Collection; Comment Request
AGENCY: Morris K. Udall Scholarship and Excellence in National
Environmental Policy Foundation, U.S. Institute for Environmental
Conflict Resolution
ACTION: Notice; U.S. Institute for Environmental Conflict Resolution
application for the National Roster of Environmental Dispute Resolution
and Consensus Building Professionals.
-----------------------------------------------------------------------
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, is planning to submit to the Office of Management
and Budget (OMB) a request for an extension for the currently approved
information collection (ICR), OMB control Number 3320-0008: Application
for the National Roster of Environmental Dispute Resolution and
Consensus Building Professionals (``National Roster of ECR
Practitioners'' or ``roster''), currently operating pursuant to OMB
clearance issued October 17, 2002 and which expires October 31, 2005.
Before submitting the extension to OMB for review and approval, the
Institute is soliciting comments regarding the information collection
(see section C. below entitled ``Questions to Consider in Making
Comments''). This document provides information on the continuing need
for the Roster of ECR Practitioners Application and the information
recorded in the application.
[[Page 35458]]
DATES: Comments must be submitted on or before August 19, 2005.
ADDRESSES: Direct comments to Joan C. Calcagno, Roster Manager, U.S.
Institute for Environmental Conflict Resolution, 130 South Scott Ave.,
Tucson, Arizona 85701. Fax: 520-670-5530. Phone: 520-670-5299. E-mail:
roster@ecr.gov.
FOR FURTHER INFORMATION CONTACT: Direct questions and requests for
information, including copies of the ICR, to Joan C. Calcagno, Roster
Manager, U.S. Institute for Environmental Conflict Resolution, 130
South Scott Ave., 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 (``National Roster of ECR
Practitioners'').
B. Potentially Affected Persons
You are potentially affected by this action if you are a dispute
resolution or consensus building professional in the environmental or
natural resources field who wishes to be listed on the National Roster
of Environmental Dispute Resolution and Consensus Building
Professionals.
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 extension of the Application for the National
Roster of ECR Practitioners:
(1) Is the continued use of the application (``collection of
information'') necessary for the proper performance of the functions of
the agency, including whether the information has practical utility?
(2) Is the agency's estimate of the time spent completing the
application (``burden of the proposed collection of 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
continue collecting information from environmental dispute resolution
and consensus building neutral professionals who desire to become
members of the National Roster of ECR Practitioners, from which the
Institute and those involved in environmental, natural resource, or
public lands disputes may locate providers of neutral services.
Responses to the collection of information (the application) are
voluntary, but required to obtain a benefit (listing on the National
Roster of Environmental Dispute Resolution and Consensus Building
Professionals.) 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
(Pub. L. 105-156). The U. S. Institute is a federal program established
by the U. S. Congress to assist parties in resolving environmental,
natural resource, and public lands conflicts. The Institute is part of
the Morris K. Udall Foundation, an independent federal agency of the
executive branch overseen by a board of trustees appointed by the
President. The Institute serves as an impartial, non-partisan
institution providing professional expertise, services, and resources
to all parties involved in such disputes, regardless of who initiates
or pays for assistance. The Institute helps parties determine whether
collaborative problem solving is appropriate for specific environmental
conflicts, how and when to bring all the parties to the table, and
whether a third-party facilitator or mediator might be helpful in
assisting the parties in their efforts to reach consensus or to resolve
the conflict. In addition, the Institute maintains the National Roster
of ECR Practitioners, a roster of qualified facilitators and mediators
with substantial experience in environmental conflict resolution, and
can help parties in selecting an appropriate neutral. The Institute
accomplishes most of its work by partnering, contracting with, or
referral to, experienced practitioners.
The Need for and Use of the Information Collected in the Application
for the Roster of ECR Practitioners
Roster of ECR Practitioners Application: The application can be
viewed on-line from the Institute's Web site: https://www.ecr.gov
(simply register in the application system to access and review an
application). A hardcopy application may also be obtained from the
Institute for those without web access (see FOR FURTHER INFORMATION
CONTACT above).
Background Information: The information collected in the
application for the National Roster of ECR Practitioners is the basis
for an on-line database, searchable by a combination of 10 criteria
designed to locate appropriate practitioners by matching desired
characteristics with the information in the application. The
application was first available in September 1999 and remains available
on a continuous basis. The Roster of ECR Practitioners first became
operational in February 2000 with 60 members and currently includes
over 255 members from 41 states, the District of Columbia, and 2
Canadian provinces. They represent a broad cross-section of
professional backgrounds and a broad distribution of case experience
across 42 types of case issues. Each member has documented experience
which meets the roster entry criteria, and each has experience as a
neutral in some or all of the following: Mediation, facilitation,
consensus building, process design, conflict assessment, system design,
neutral evaluation/fact finding, superfund allocation, and/or
regulatory negotiation.
The specific entry criteria and applicable definitions are
available from the Institute's Web site: https://ecr.gov/roster.htm.
Generally stated, the entry criteria require that an applicant has:
(1) Served as the lead neutral in a collaborative process (e.g.,
mediation, consensus building, conflict assessment) for at least 200
case hours in two to ten environmental cases, and
(2) Accumulated a total of 60 points across three categories:
Additional case experience and complex case experience; experience as a
trainer or trainee; and substantive work/volunteer/educational
experience in fields related to Alternative Dispute Resolution/
Environmental Conflict Resolution, such as law, science, public
administration.
Use of the National Roster of ECR Practitioners: The roster search
and referral service has been accessible through the Institute since
February 2000. The Institute uses the roster
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(specifically the information collected in the application) as a
resource when making referrals to those searching for neutral ECR
professionals with specific experience, backgrounds, or expertise
(external referrals). The Institute also uses the roster as a resource
when locating appropriate ECR neutral professionals with whom to
partner/sub-contract for projects in which the Institute is involved
(internal referrals), pursuant to the Institute's statutory direction
to work with practitioners located near the dispute, when practicable
and appropriate. The roster referral system is enhanced through
cooperation with existing programs and networks of environmental
dispute-resolution and consensus-building practitioners familiar with
the issues in their respective states and regions.
In October 2004, the roster became directly available on the web to
anyone interested in locating ECR practitioners. Since then anyone
interested in locating ECR practitioners can contact the Institute for
a referral through the Roster Manager or register in the search system
and search the roster themselves. The Roster Manager remains available
to assist searchers in getting the best use of the roster search and to
provide advice about next steps.
The Environmental Protection Agency (EPA) Alternative Dispute
Resolution (ADR) personnel have had direct, electronic access to search
the roster since February 2000. The Department of Interior Office of
Collaborative Action and Dispute Resolution and ADR personnel from
various DOI bureaus have had direct access since November 2002. Roster
Members have also had direct access to the search since May 2004.
Statistics related to the use of the roster since February 2000 can be
found in the Roster Program Overview, available from: https://ecr.gov/
roster/progsumm.html.
Federal agencies are not required to select from the roster.
Professionals not on the roster remain fully eligible to serve as ECR
practitioners in disputes involving federal agencies. Finally, being
listed on the roster does not guarantee additional work for the
practitioner.
Development and Need for the National Roster of ECR Practitioners:
The roster was developed with the support of the Environmental
Protection Agency. Based on a 1997 study concerning the potential of a
national roster of qualified practitioners, EPA decided to support the
development of such a roster through the Institute.
To develop the project, the EPA and the Institute brought together
a work group consisting of EPA dispute resolution professionals and
contracting officers, state dispute resolution officials, private
dispute resolution practitioners and academics. Informed in part by
ideas from this group, the EPA and the Institute proposed roster entry
qualifications and draft application, which were published in the
Federal Register in November 1998. Before the entry criteria and
application were finalized, the comments received in response to the
Federal Register notice were reviewed. Outreach continued through
meetings and newsletter articles, as well as individual communications
to professional associations, state and federal government agencies,
dispute resolution firms, individual practitioners, professional
associations of attorneys, environmental and citizen groups.
The roster was created, and continues to be needed, for several
reasons. The use of Alternative Dispute Resolution in the environmental
and public policy arena has grown markedly over the last two decades.
In this context, ADR processes now include techniques ranging from
conflict prevention, such as consensus building and facilitation of
public policy dialogues, to specific dispute resolution through
assisted negotiations and mediation. The number of environmental
conflict resolution (ECR) practitioners has grown as the field has
gained prominence and professionals from a variety of disciplines have
become attracted to its advantages and opportunities.
An essential step in any dispute resolution process occurs when
parties select a practitioner. Parties making the selection rightfully
expect that the practitioner will be qualified to provide the service
sought and has experience and style matched well to the nature of the
issues and to the parties. Thus, the National Roster of ECR
Practitioners is designed to advance the interests of the growing field
of dispute resolution, reflect the evolving standards of best practice,
and help direct the expenditure of public funds for quality services.
In fifteen years of using ADR, before the creation of the National
Roster of ECR Practitioners, EPA found that parties to a dispute or
controversy generated a list of desired characteristics, such as
experience with specific types of issues, cases or disputes, location,
and other factors, that they would use in an attempt to identify the
right person to assist them. Locating practitioners meeting these
criteria was often a ``hit-or-miss'' experience depending on the
resources, available time, and experience of the parties with locating
appropriate neutrals.
Although the EPA operates a national service contract that manages
major cases through a list of experienced providers, it is limited in
scope and membership, and as a consequence it can be burdensome to use
to identify neutrals for small or localized cases. Most other Federal
agencies have no vehicle or information available to assist in this
important first step to conducting a good dispute resolution process.
More specifically, the National Roster of ECR Practitioners is
necessary for the proper performance of the Institute's goals: to
resolve Federal environmental disputes in a timely and constructive
manner; to increase the appropriate use of environmental conflict
resolution; to improve the ability of Federal agencies and other
interested parties to engage in ECR effectively; and to promote
collaborative problem-solving and consensus-building during the design
and implementation of Federal environmental policies so as to prevent
and reduce the incidence of future environmental disputes.
In addition, the U.S. Institute's enabling legislation directs the
Institute to work with practitioners located near the conflict whenever
practical. Consistent with this mandate, the Institute must be able to
identify appropriate experienced dispute resolution and consensus
building professionals in an efficient manner.
Finally, the Administrative Dispute Resolution (ADR) Act of 1996 (5
U.S.C. 571 et seq.) authorizes the Federal government to contract with
dispute resolution professionals (e.g., facilitators or mediators) to
assist it and other parties to disputes in reaching an agreement,
settlement, or consensus. The ADR Act authorizes the government to take
steps to make identifying and contracting with neutrals easier (cf. 5
U.S.C. 573(c)).
Thus, the goal of the National Roster of ECR Practitioners and the
referral system is to improve access to qualified environmental dispute
resolution and consensus building professionals for the Institute and
others sponsoring or engaging in environmental conflict resolution
processes. The roster expedites the identification of appropriate
professionals, shortens the time needed to complete contracting
documents, and helps refer parties to practitioners, particularly
practitioners in the locale of the dispute.
Preliminary feedback from users of the roster search system
indicates that: they would recommend the roster as a primary source for
locating ECR practitioners; the roster increases the
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likelihood of selecting appropriate practitioners; and the roster is a
systematic and efficient way to identify practitioners.
The roster and the referral system provide an efficient, credible
and user-friendly source from which to systematically identify
experienced environmental neutral professionals; increase the use of
collaborative processes by providing a useful tool for locating
appropriate practitioners; and provide users with a detailed
Practitioner Profiles, reflecting information contained in the
application, to be used as a helpful first step in the process of
selecting an appropriate neutral.
E. Burden Statement
The application compiles data available from the resumes of dispute
resolution and consensus building professionals into a format that is
standardized for efficient and fair eligibility review, database
searches, and retrievals. A professional needs to complete the form
only one time. Once the application is approved, the roster member has
continual access to his or her on-line account to update information,
on a voluntary basis. The burden includes time spent to review
instructions, review resume information, and enter the information in
the form.
Likely Respondents: Environmental dispute resolution and consensus
building professionals (new respondents); existing roster members (for
updating)
Proposed Frequency of Response: One, with voluntary updates
approximately once per year.
Estimated Number of New Respondents (first extension year): 30.
Estimated Number of Existing Respondents--for updating (first
extension year): 125.
Estimated Number of New Respondents (per year for succeeding year):
30.
Estimated Number of Existing Respondents--for updating (per year
for succeeding year): 125.
Respondent Time Burden Estimates:
Estimated Time per New Response: 150 minutes (2.5 hours).
Estimated Number of Updates (per year): 1, for 125 existing
respondents.
Estimated Time for Update: 15 minutes.
Estimated Total First Extension Year Burden: 4500 minutes (75
hours) (30 new respondents); 1875 minutes (31.25 hours) (125 updates).
Estimated Total Subsequent Year Annual Burden: 4500 minutes (75
hours) (30 new respondents); 1875 minutes (31.25 hours) (125 updates).
Respondent Cost Burden Estimates (at $150 per hour): No capital or
start-up costs.
Estimated Cost per Respondent (first extension year): $375 (new
respondents); $38 (updates).
Estimated Cost per Respondent (subsequent year): $375 (new
respondents); $38 (updates).
Estimated Total First Extension Year Burden: $11,250 (new
respondents); $4,750 (updates).
Estimated Total Subsequent Year Annual Burden: $11,250 (new
respondents); $4,750 (updates).
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.
(Authority: 20 U.S.C. 5601-5609)
Dated the 14th day of June 2005.
Christopher L. Helms,
Executive Director, Morris K. Udall Scholarship and Excellence in
National Environmental Policy Foundation, and Federal Register Liaison
Officer.
[FR Doc. 05-12073 Filed 6-17-05; 8:45 am]
BILLING CODE 6820-FN-P
