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50420 Federal Register / Vol. 70, No.

165 / Friday, August 26, 2005 / Notices

record the results of the examination systems on the four (4) rear wheels and supporting regulations, this document
and functional test in a book that will designed to prevent loss of braking due announces that the U.S. Institute for
be maintained on the surface and made to a single component failure. The Environmental Conflict Resolution (the
available to the authorized petitioner will provide training to grader Institute), part of the Morris K. Udall
representative of the Secretary. This is operators on how to limit the maximum Foundation, is submitting to the Office
considered an acceptable alternative speed of the Roadbuilder to 10 miles per of Management and Budget (OMB) a
method for the Big Run Mine. MSHA hour by permanently blocking out any request for an extension for the
grants the petition for modification for gear that would provide higher speed, or currently approved information
the deluge-type water spray systems use transmission and differential ratios collection (ICR), OMB Control Number
installed at belt-conveyor drives in lieu that would limit the maximum speed to 3320–0008: Application for the National
of blow-off dust covers for nozzles at the 10 miles per hour; to recognize the Roster of Environmental Dispute
Big Run Mine with conditions. appropriate speeds to use on different Resolution and Consensus Building
Docket No.: M–2005–026–C. roadway conditions and slopes; and to Professionals (‘‘National Roster of ECR
FR Notice: 70 FR 22376. lower the grader blade for additional Practitioners’’ or ‘‘roster’’), currently
Petitioner: Spartan Mining Company. stopping capability in emergencies. This operating pursuant to OMB clearance
Regulation Affected: 30 CFR 75.1002. is considered an acceptable alternative issued October 17, 2002 and which
Summary of Findings: Petitioner’s method for the Gateway Mine. MSHA expires October 31, 2005. The Institute
proposal is to use a 2,400-volt power grants the petition for modification for published a Federal Register notice on
center to power a continuous miner the Gateway Mine with conditions. June 20, 2005 (70 FR 35457–35460), to
with high-voltage trailing cables inby Docket No.: M–2004–009–M. solicit public comments for a 60-day
the last open crosscut and within 150 FR Notice: 69 FR 69415. period. The Institute received one
feet of pillar workings. This is Petitioner: Unimin Corporation. comment seeking clarification of the
considered an acceptable alternative Regulation Affected: 30 CFR roster members’ ‘‘neutrality’’. The
method for the Scotch Pine Mine and 56.13020. Institute provided a responsive
Midway Mine. MSHA grants the Summary of Findings: Petitioner’s explanation. The comment did not
petition for modification for the use of proposal is to implement a clothes relate to the application which the
the 2,400-volt high-voltage continuous cleaning booth process that has been subject of this ICR; thus, no changes
miner(s) at the Scotch Pine Mine and jointly developed with and successfully were made to the application. The
Midway Mine with conditions. tested by the National Institute for purpose of this notice is to allow an
Docket No.: M–2005–027–C. Occupational Safety and Health additional 30 days for public comments
FR Notice: 70 FR 22376. (NIOSH), for the use of controlled regarding this information collection.
Petitioner: Aracoma Coal Company. compressed air for cleaning miners’ dust DATES: Comments must be submitted on
Regulation Affected: 30 CFR laden clothing. This is considered an or before September 26, 2005.
75.1909(b)(6). acceptable alternative method for the ADDRESSES: Direct comments to: Office
Summary of Findings: Petitioner’s Marston Plant Mine. MSHA grants the of Information and Regulatory Affairs,
proposal is to use one six-wheel Getman petition for modification for only miners Office of Management and Budget
Roadbuilder grader, Model RDG–1504A, who are trained in the operation of the (OMB). Attention: Keith Belton, 725
serial number 6782 without front NIOSH tested clothes cleaning booth for 17th Street, NW., Washington, DC
brakes, as it was originally designed. cleaning their dust-laden clothes at the 20503, Desk Officer for the Morris K.
The grader is equipped with dual brake Marston Plant Mine with conditions. Udall Scholarship and Excellence in
systems on the four (4) rear wheels and [FR Doc. 05–17003 Filed 8–25–05; 8:45 am] National Environmental Policy
designed to prevent loss of braking due BILLING CODE 4510–43–P Foundation, U.S. Institute for
to a single component failure. The Environmental Conflict Resolution;
petitioner will provide training to grader kbelton@omb.eop.gov.
operators on how to lower the MORRIS K. UDALL SCHOLARSHIP FOR FURTHER INFORMATION CONTACT: For
moldboard for additional stopping AND EXCELLENCE IN NATIONAL further information, including a copy of
capability in emergencies; to recognize ENVIRONMENTAL POLICY the ICR, contact Joan C. Calcagno, Roster
the appropriate speeds to use on FOUNDATION Manager, U.S. Institute for
different roadway conditions; and to Environmental Conflict Resolution, 130
limit the maximum speed of the grader The United States Institute for
Environmental Conflict Resolution; South Scott Ave., Tucson, Arizona
to 10 miles per hour. This is considered 85701. Fax: 520–670–5530. Phone: 520–
an acceptable alternative method for the Agency Information Collection
Activities; Extension of Currently 670–5299. E-mail: roster@ecr.gov.
Aracoma Alma #1 Mine. MSHA grants
Approved Information Collection; SUPPLEMENTARY INFORMATION:
the petition for modification for the
Aracoma Alma #1 Mine with Comment Request; U.S. Institute for A. Title for the Collection of
conditions. Environmental Conflict Resolution Information
Docket No.: M–2005–033–C. Application for the National Roster of
Application for National Roster of
FR Notice: 70 FR 28321. Environmental Dispute Resolution and
Environmental Dispute Resolution and
Petitioner: Coulterville Coal Consensus Building Professionals
Consensus Building Professionals
Company, LLC. AGENCY: Morris K. Udall Scholarship (‘‘National Roster of ECR Practitioners’’).
Regulation Affected: 30 CFR and Excellence in National
75.1909(b)(6). B. Potentially Affected Persons
Environmental Policy Foundation, U.S.
Summary of Findings: Petitioner’s Institute for Environmental Conflict You are potentially affected by this
proposal is to use one six-wheel Getman Resolution. action if you are a dispute resolution or
Roadbuilder grader, Model RDG–1504S, ACTION: Notice. consensus building professional in the
serial number 6739 without front environmental or natural resources field
brakes, as it was originally designed. SUMMARY: In compliance with the who wishes to be listed on the National
The grader is equipped with dual brake Paperwork Reduction Act and Roster of Environmental Dispute

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Federal Register / Vol. 70, No. 165 / Friday, August 26, 2005 / Notices 50421

Resolution and Consensus Building environmental, natural resource, and conflict assessment, system design,
Professionals. public lands conflicts. The Institute is neutral evaluation/fact finding,
part of the Morris K. Udall Foundation, superfund allocation, and/or regulatory
C. Questions To Consider in Making
an independent Federal agency of the negotiation.
Comments The specific entry criteria and
executive branch overseen by a board of
The U.S. Institute for Environmental trustees appointed by the President. The applicable definitions are available from
Conflict Resolution requests your Institute serves as an impartial, non- the Institute’s Web site: http://ecr.gov/
comments to any of the following partisan institution providing roster.htm. Generally stated, the entry
questions related to collecting professional expertise, services, and criteria require that an applicant has:
information for the extension of the resources to all parties involved in such (1) Served as the lead neutral in a
Application for the National Roster of disputes, regardless of who initiates or collaborative process (e.g., mediation,
ECR Practitioners: pays for assistance. The Institute helps consensus building, conflict assessment)
(1) Is the continued use of the parties determine whether collaborative for at least 200 case hours in two to ten
application (‘‘collection of problem solving is appropriate for environmental cases, and
information’’) necessary for the proper specific environmental conflicts, how (2) accumulated a total of 60 points
performance of the functions of the and when to bring all the parties to the across three categories: Additional case
agency, including whether the table, and whether a third-party experience and complex case
information has practical utility? facilitator or mediator might be helpful experience; experience as a trainer or
(2) Is the agency’s estimate of the time trainee; and substantive work/
in assisting the parties in their efforts to
spent completing the application reach consensus or to resolve the volunteer/educational experience in
(‘‘burden of the proposed collection of conflict. In addition, the Institute fields related to Alternative Dispute
information’’) accurate, including the maintains the National Roster of ECR Resolution/Environmental Conflict
validity of the methodology and Practitioners, a roster of qualified Resolution, such as law, science, public
assumptions used? facilitators and mediators with administration.
(3) Can you suggest ways to enhance substantial experience in environmental Use of the National Roster of ECR
the quality, utility, and clarity of the conflict resolution, and can help parties Practitioners: The roster search and
information collected? in selecting an appropriate neutral. The referral service has been accessible
(4) Can you suggest ways to minimize Institute accomplishes most of its work through the Institute since February
the burden of the collection of by partnering, contracting with, or 2000. The Institute uses the roster
information on those who are to referral to, experienced practitioners. (specifically the information collected
respond, including through the use of in the application) as a resource when
appropriate automated electronic, The Need for and Use of the Information making referrals to those searching for
mechanical, or other technological Collected in the Application for the neutral ECR professionals with specific
collection techniques or other forms of Roster of ECR Practitioners experience, backgrounds, or expertise
information technology? Roster of ECR Practitioners (external referrals). The Institute also
Application: The application can be uses the roster as a resource when
D. Abstract viewed on-line from the Institute’s Web locating appropriate ECR neutral
The U.S. Institute for Environmental site: http://www.ecr.gov (simply register professionals with whom to partner/
Conflict Resolution plans to continue in the application system to access and sub-contract for projects in which the
collecting information from review an application). A hardcopy Institute is involved (internal referrals),
environmental dispute resolution and application may also be obtained from pursuant to the Institute’s statutory
consensus building neutral the Institute for those without Web direction to work with practitioners
professionals who desire to become access (see contact information above). located near the dispute, when
members of the National Roster of ECR Background Information: The practicable and appropriate. The roster
Practitioners, from which the Institute information collected in the application referral system is enhanced through
and those involved in environmental, for the National Roster of ECR cooperation with existing programs and
natural resource, or public lands Practitioners is the basis for an on-line networks of environmental dispute-
disputes may locate providers of neutral database searchable by a combination of resolution and consensus-building
services. Responses to the collection of 10 criteria designed to locate practitioners familiar with the issues in
information (the application) are appropriate practitioners by matching their respective States and regions.
voluntary, but required to obtain a desired characteristics with the In October 2004, the roster became
benefit (listing on the National Roster of information in the application. The directly available on the Web to anyone
Environmental Dispute Resolution and application was first available in interested in locating ECR practitioners.
Consensus Building Professionals). An September 1999 and remains available Since then, anyone interested in
agency may not conduct or sponsor, and on a continuous basis. The Roster of locating ECR practitioners can contact
a person is not required to respond to, ECR Practitioners first became the Institute for a referral through the
a collection of information unless it operational in February 2000 with 60 Roster Manager or register in the search
displays a currently valid OMB control members and currently includes over system and search the roster themselves.
number. 255 members from 41 states, the District The Roster Manager remains available to
of Columbia, and 2 Canadian provinces. assist searchers in getting the best use of
Background Information: U.S. Institute They represent a broad cross-section of the roster search and to provide advice
for Environmental Conflict Resolution professional backgrounds and a broad about next steps.
The U.S. Institute for Environmental distribution of case experience across 42 The Environmental Protection Agency
Conflict Resolution was created in 1998 types of case issues. Each member has (EPA) Alternative Dispute Resolution
by the Environmental Policy and documented experience which meets (ADR) personnel have had direct,
Conflict Resolution Act (Pub. L. 105– the roster entry criteria, and each has electronic access to search the roster
156). The U.S. Institute is a Federal experience as a neutral in some or all of since February 2000. The Department of
program established by the U.S. the following: mediation, facilitation, Interior Office of Collaborative Action
Congress to assist parties in resolving consensus building, process design, and Dispute Resolution and ADR

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50422 Federal Register / Vol. 70, No. 165 / Friday, August 26, 2005 / Notices

personnel from various DOI bureaus An essential step in any dispute 571 et seq.) authorizes the Federal
have had direct access since November resolution process occurs when parties government to contract with dispute
2002. Roster Members have also had select a practitioner. Parties making the resolution professionals (e.g., facilitators
direct access to the search since May selection rightfully expect that the or mediators) to assist it and other
2004. Statistics related to the use of the practitioner will be qualified to provide parties to disputes in reaching an
roster since February 2000 can be found the service sought and has experience agreement, settlement, or consensus.
in the Roster Program Overview, and style matched well to the nature of The ADR Act authorizes the government
available from: http://ecr.gov/roster/ the issues and to the parties. Thus, the to take steps to make identifying and
progsumm.html. National Roster of ECR Practitioners is contracting with neutrals easier (cf. 5
Federal agencies are not required to designed to advance the interests of the U.S.C. 573(c)).
select from the roster. Professionals not growing field of dispute resolution, Thus, the goal of the National Roster
on the roster remain fully eligible to reflect the evolving standards of best of ECR Practitioners and the referral
serve as ECR practitioners in disputes practice, and help direct the system is to improve access to qualified
involving Federal agencies. Finally, expenditure of public funds for quality environmental dispute resolution and
being listed on the roster does not services. consensus building professionals for the
guarantee additional work for the In fifteen years of using ADR, before Institute and others sponsoring or
practitioner. the creation of the National Roster of engaging in environmental conflict
Development and Need for the ECR Practitioners, EPA found that resolution processes. The roster
National Roster of ECR Practitioners: parties to a dispute or controversy expedites the identification of
The roster was developed with the generated a list of desired appropriate professionals, shortens the
support of the Environmental Protection characteristics, such as experience with time needed to complete contracting
Agency. Based on a 1997 study specific types of issues, cases or documents, and helps refer parties to
concerning the potential of a national disputes, location, and other factors, practitioners, particularly practitioners
roster of qualified practitioners, EPA that they would use in an attempt to in the locale of the dispute.
decided to support the development of identify the right person to assist them. The roster and the referral system
such a roster through the Institute. Locating practitioners meeting these
To develop the project, the EPA and provide an efficient, credible and user-
criteria was often a ‘‘hit-or-miss’’ friendly source from which to
the Institute brought together a work experience depending on the resources,
group consisting of EPA dispute systematically identify experienced
available time, and experience of the environmental neutral professionals;
resolution professionals and contracting parties with locating appropriate
officers, State dispute resolution increase the use of collaborative
neutrals.
officials, private dispute resolution processes by providing a useful tool for
Although the EPA operates a national
practitioners and academics. Informed service contract that manages major locating appropriate practitioners; and
in part by ideas from this group, the cases through a list of experienced provide users with detailed Practitioner
EPA and the Institute proposed roster providers, it is limited in scope and Profiles, reflecting information
entry qualifications and draft membership, and as a consequence it contained in the application, to be used
application, which were published in can be burdensome to use to identify as a helpful first step in the process of
the Federal Register in November 1998. neutrals for small or localized cases. selecting an appropriate neutral.
Before the entry criteria and application Most other Federal agencies have no E. Burden Statement
were finalized, the comments received vehicle or information available to assist
in response to the Federal Register in this important first step to conducting The application compiles data
notice were reviewed. Outreach a good dispute resolution process. available from the resumes of dispute
continued through meetings and More specifically, the National Roster resolution and consensus building
newsletter articles, as well as individual of ECR Practitioners is necessary for the professionals into a format that is
communications to professional proper performance of the Institute’s standardized for efficient and fair
associations, State and Federal goals: to resolve Federal environmental eligibility review, database searches,
Government agencies, dispute disputes in a timely and constructive and retrievals. A professional needs to
resolution firms, individual manner; to increase the appropriate use complete the form only one time. Once
practitioners, professional associations of environmental conflict resolution; to the application is approved, the roster
of attorneys, environmental and citizen improve the ability of Federal agencies member has continual access to his or
groups. and other interested parties to engage in her on-line account to update
The roster was created, and continues ECR effectively; and to promote information, on a voluntary basis. The
to be needed, for several reasons. The collaborative problem-solving and burden includes time spent to review
use of Alternative Dispute Resolution in consensus-building during the design instructions, review resume
the environmental and public policy and implementation of Federal information, and enter the information
arena has grown markedly over the last environmental policies so as to prevent in the form.
two decades. In this context, ADR and reduce the incidence of future Likely Respondents: Environmental
processes now include techniques environmental disputes. dispute resolution and consensus
ranging from conflict prevention, such In addition, the U.S. Institute’s building professionals (new
as consensus building and facilitation of enabling legislation directs the Institute respondents); existing roster members
public policy dialogues, to specific to work with practitioners located near (for updating).
dispute resolution through assisted the conflict whenever practical. Proposed Frequency of Response: one,
negotiations and mediation. The Consistent with this mandate, the with voluntary updates approximately
number of environmental conflict Institute must be able to identify once per year.
resolution (ECR) practitioners has grown appropriate experienced dispute Estimated Number of New
as the field has gained prominence and resolution and consensus building Respondents (first extension year): 30.
professionals from a variety of professionals in an efficient manner. Estimated Number of Existing
disciplines have become attracted to its Finally, the Administrative Dispute Respondents—for updating (first
advantages and opportunities. Resolution (ADR) Act of 1996 (5 U.S.C. extension year): 125.

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Federal Register / Vol. 70, No. 165 / Friday, August 26, 2005 / Notices 50423

Estimated Number of New NATIONAL SCIENCE FOUNDATION under 5 U.S.C. 552b(c), (4) and (6) of the
Respondents (per year for succeeding Government in the Sunshine Act.
year): 30. Proposal Review Panel for Materials Dated: August 23, 2005.
Estimated Number of Existing Research; Notice of Meeting
Susanne Bolton,
Respondents—for updating (per year for In accordance with the Federal Committee Management Officer.
succeeding year): 125. Advisory Committee Act (Pub. L. 92– [FR Doc. 05–17039 Filed 8–25–05; 8:45 am]
Respondent Time Burden Estimates: 463 as amended), the National Science BILLING CODE 7555–01–M
Estimated Time per New Response: Foundation announces the following
150 minutes (2.5 hours). meeting:
Estimated Number of Updates (per Name: Proposal Review Panel for
year): 1, for 125 existing respondents. Materials Research (DMR) #1203. NUCLEAR REGULATORY
Estimated Time for Update: 15 Dates & Times: September 12, 2005, COMMISSION
minutes. 1–5 p.m.; September 13, 2005, 8 a.m.–
Estimated Total First Extension Year 8 p.m.; September 14, 2005, 8 a.m.–3:30 [Docket No. 40–08838]
Burden: 4500 minutes (75 hours) (30 p.m.
new respondents); 1875 minutes (31.25 Place: Synchrotron Radiation Center, Notice of Withdrawal of License
hours) (125 updates). 3731 Schneider Drive, Stoughton, WI Amendment Request From the
Estimated Total Subsequent Year 53589. Department of the Army, U.S. Army
Annual Burden: 4500 minutes (75 Type of Meeting: Partially closed. Garrison, Rock Island Arsenal, Rock
hours) (30 new respondents); 1875 Contact Person: Dr. Guebre X. Island, IL
minutes (31.25 hours) (125 updates). Tessema, Program Director, National
Respondent Cost Burden Estimates (at Facilities Programs, Division of AGENCY: Nuclear Regulatory
$150. per hour * ): No capital or start-up Materials Research, room 1080, National Commission.
costs. Science Foundation, 4201 Wilson ACTION: Notice of withdrawal of license
Estimated Cost per Respondent (first Boulevard, Arlington, VA 22230, amendment request by the Department
extension year): $375 (new telephone (703) 292–4935. of the Army (Army or licensee) for its
respondents); $38 (updates). Purpose of Meeting: To provide Jefferson Proving Ground (JPG) site.
Estimated Cost per Respondent advice and recommendations
(subsequent year): $375 (new concerning a renewal proposal FOR FURTHER INFORMATION CONTACT: Tom
respondents); $38 (updates). submitted to NSF for financial support McLaughlin, Project Manager,
Estimated Total First Extension Year for the Synchrotron Radiation Center at Decommissioning Directorate, Division
Burden: $11,250 (new respondents); Wisconsin. of Waste Management and
$4,750 (updates). Environmental Protection, Office of
Agenda
Estimated Total Subsequent Year Nuclear Material Safety and Safeguards,
Annual Burden: $11,250 (new Monday, September 12 (at PSL U.S. Nuclear Regulatory Commission,
respondents); $4,750 (updates). Conference Room) Washington, DC 20555–0001;
Burden means the total time, effort, or 1 p.m.–2 p.m. Closed—Executive Telephone: (301) 415–5869; fax number:
financial resources expended by persons Session (301) 415–5398; e-mail: tgm@nrc.gov.
to generate, maintain, retain, or disclose 2 p.m.–6 p.m. Open—Tour of SRC, with SUPPLEMENTARY INFORMATION:
or provide information to or for a User Presentations Welcome;
Federal agency. This includes the time I. Introduction
Introduction; Discussion
needed to review instructions; develop, On September 22, 2003, the Nuclear
acquire, install, and utilize technology Tuesday, September 13 Regulatory Commission (NRC) Staff
and systems for the purpose of 8:30 a.m.–12:10 p.m. Open—Overview received a request from the Army for a
collecting, validating, and verifying of Programs license amendment that would create a
information, processing and 12:10 p.m.–1 p.m. Closed—Executive 5-year renewable possession-only
maintaining information, and disclosing Session license (5-year POLA) for its JPG site.
and providing information and 1 p.m.–5 p.m. Open—Review; User On October 28, 2003, the NRC Staff
transmitting information. Research; Safety; Education and published a Notice of Consideration of
Authority: 20 U.S.C. 5601–5609. Outreach; Beamlines and Amendment Request for the Jefferson
Instrumentation; Plans for the Proving Ground Site and Opportunity
Dated the 22nd day of August 2005. for a Hearing in the Federal Register.
Future; Budget
Christopher L. Helms, 5 p.m.–6:30 p.m. Closed—Executive On May 25, 2005, the Army submitted
Executive Director, Morris K. Udall Session a superseding license amendment
Scholarship and Excellence in National request for an alternate schedule
Environmental Policy Foundation, and Wednesday, September 14
(alternate schedule request) for
Federal Register Liaison Officer. 8:30 a.m.–1:30 p.m. Closed—Meeting decommissioning JPG. On June 16,
[FR Doc. 05–16985 Filed 8–25–05; 8:45 am] with Institutional Representatives; 2005, the Staff accepted the alternate
BILLING CODE 6820–FN–P Review and Prepare Site Visit schedule request for review. On June 27,
Report 2005, the Staff published A Notice of
* The actual cost estimate for this information
Reason for Closing: The work being Consideration of Amendment Request
collection may be less because this hourly rate is
what is paid for services as a neutral and
reviewed may include information of a for an Alternate Decommissioning
necessarily is set by the neutral to factor in time proprietary or confidential nature, Schedule and Opportunity to Request a
spent in the administration of the neutral’s business including technical information; Hearing in the Federal Register. On July
and overhead costs. Indeed, fully burdened labor financial data, such as salaries and 19, 2005, the Army formally withdrew
rates for ‘‘professional specialty and technical’’
occupations from Bureau of Labor Statistics tables
personal information concerning its request for a 5-year POLA for JPG.
indicate that an hourly rate as low as $36 may be individuals associated with the Thus, the Staff has discontinued its
appropriate. proposals. These matters are exempt review of the 5-year POLA.

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