[Federal Register Volume 65, Number 54 (Monday, March 20, 2000)]
[Proposed Rules]
[Pages 14927-14931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-6825]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 65, No. 54 / Monday, March 20, 2000 / 
Proposed Rules  

[[Page 14927]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 360

[Docket No. 98-064-1]
RIN 0579-AB07


Noxious Weed Regulations; Update of Current Provisions

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Advance notice of proposed rulemaking and request for comments.

-----------------------------------------------------------------------

SUMMARY: We are considering revising the noxious weed regulations 
issued under the Federal Noxious Weed Act in order to maximize their 
effectiveness. We believe changes may be necessary to improve control 
and limit the spread of invasive weed species that are not covered 
under the current noxious weed regulations. We are considering 
categorizing weeds according to geographic, regulatory, and other 
criteria. This notice solicits public comment on these categories and 
on the criteria for assigning weeds to each category. We are also 
asking the public to help us determine how to prioritize funding 
resources for existing and future programs. After evaluating public 
comment on the issues presented in this document, we will determine 
whether to propose changes to our regulations.

DATES: We invite you to comment on this docket. We will consider all 
comments we receive by May 19, 2000.

ADDRESSES: Please send your comment and three copies to: Docket No. 98-
064-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03, 
4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that 
your comment refers to Docket No. 98-064-1.
    You may read any comments that we receive on this docket in our 
reading room. The reading room is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue, SW, Washington DC. 
Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS rules, are available on the Internet at http://
www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Ms. Polly Lehtonen, Botanist, 
Scientific Services, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, 
MD 20737-1236; (301) 734-8896.

SUPPLEMENTARY INFORMATION:

Background

    The noxious weeds regulations, contained in 7 CFR part 360 and 
referred to below as the regulations, were established in 1976 under 
the authority of the Federal Noxious Weed Act (FNWA) of 1974 (7 U.S.C. 
2801 et seq.). The FNWA authorizes the Animal and Plant Health 
Inspection Service (APHIS) to regulate the movement of noxious weeds 
into or through the United States, and interstate, in order to prevent 
the artificial spread of noxious weeds into noninfested areas of the 
United States.
    APHIS lists noxious weeds in Sec. 360.200 of the regulations.\1\ In 
this section, weeds are divided into three categories: Aquatic weeds, 
parasitic weeds, and terrestrial weeds. In order for a weed to be 
listed, it must meet the definition contained in the FNWA for ``noxious 
weed.'' The FNWA defines a ``noxious weed'' as
---------------------------------------------------------------------------

    \1\ This list is also available on the Internet at http://
www.aphis.usda.gov/ppq/bats/fnwsbycat-e.html. Copies of the lsit are 
also available by contacting Polly Lehtonen at the address listed 
under FOR FURTHER INFORMATION CONTACT.

    ``* * * any living stage (including but not limited to, seeds 
and reproductive parts) of any parasitic or other plant of a kind, 
or subdivision of a kind, which is of foreign origin, is new to or 
not widely prevalent in the United States, and can directly or 
indirectly injure crops, other useful plants, livestock, or poultry 
or other interests of agriculture, including irrigation, or 
navigation or the fish or wildlife resources of the United States or 
---------------------------------------------------------------------------
the public health * * *''

    In simple terms, for a weed to be listed in Sec. 360.200:
     It must have demonstrated that it is harmful to crops, 
other plants, livestock, poultry, or other interests of agriculture, 
including irrigation, navigation, the fish or wildlife resources of the 
United States, or the public health.
     It must be a species of plant that is not native to the 
United States.
     It must be new to or not be widely prevalent in the United 
States.
    Under the current regulations, listed Federal noxious weeds are 
only eligible to be moved into and through the United States, or 
interstate, under a permit granted by APHIS. Persons who move noxious 
weeds under permit must follow all the conditions contained in the 
permit with regard to storage, shipment, cultivation, and propagation.
    APHIS actively participated in developing the National Strategy for 
Invasive Plant Management, endorsed and supported by Federal and State 
Government agencies and nongovernmental private sector interests. The 
strategy outlines a nationwide effort to address the problem of 
invasive plant species in the United States. Invasive plant species are 
plants that are defined as ``noxious weeds'' under the FNWA, as well as 
other plant species that are, or may be, harmful to crops, other 
plants, livestock, poultry, fish and wildlife resources, natural areas, 
or the public health. Effective regulation is a crucial part of the 
strategy's first goal: effective prevention.
    Consistent with that goal and with Executive Order 13112 of 
February 3, 1999, ``Invasive Species,'' in this document we are 
informing the public that we are considering revising the Federal 
noxious weed regulations by creating two categories in which weeds 
would be grouped according to their distribution. We are also 
considering, among other things, creating additional weed lists for 
informational purposes that would contain weeds that are not currently 
defined as Federal noxious weeds. We are requesting public comment on 
this initiative.

Requests To Amend the Weed List

    In recent years, scientists, State governments, environmental 
groups, trade groups, and farmers, among others, have requested that 
APHIS adopt new measures to provide additional safeguards against the 
introduction and

[[Page 14928]]

spread of noxious weeds in the United States. These groups and 
individuals have expressed concern with the limitations of our current 
weed-listing policy. They have requested that APHIS provide additional 
guidance in the identification and control of plants that may not meet 
the FNWA's definition of ``noxious weed'' but that are known to cause 
damage to crops, livestock and poultry, and natural ecosystems, and 
that could otherwise be defined as invasive plant species. These 
stakeholders perceive that the formal listing of such weeds would be a 
catalyst for creating awareness and encouraging participation by, and 
cooperation between, State and local governments and natural resource 
organizations to establish effective control initiatives.

How the Weed List Could Be Amended

    In order to direct safeguarding resources appropriately, we are 
considering revising the current noxious weed list to categorize 
noxious weeds according to their distribution. The existing list of 
Federal noxious weeds would be divided into two categories: (1) Weeds 
that do not exist in the United States, and (2) weeds that do exist in 
the United States. For Category 1 weeds, resources would be directed 
towards exclusion and early detection. For Category 2 weeds, resources 
would be directed towards exclusion, delimiting surveys, eradication, 
and containment and/or control.
    Further, in order to better address the threat posed to crops, 
other useful plants, livestock, poultry, fish and wildlife resources, 
natural areas, and the public health by ``widespread'' native and 
nonnative weeds, we are considering creating two additional categories 
of plants that are not currently regulated under the FNWA, but are 
regulated as noxious weeds by at least one State, or that are believed 
to be invasive plant species.

Category 1

    In developing the Category 1 list, we listed a weed based on the 
following criteria:
     It is currently listed as a Federal noxious weed (i.e., it 
has demonstrated that it is harmful to crops, other plants, livestock, 
poultry, or other interests of agriculture, including irrigation, 
navigation, the fish or wildlife resources of the United States, or the 
public health).
     It is not known to exist in the United States.
    Weeds that would be listed in this category are known to be harmful 
and invasive in their native regions or other regions. Additional weeds 
could be added to this list under the same conditions currently used to 
identify new or unlisted Federal noxious weeds. The following table 
lists the weeds currently contained in the Federal noxious weed list 
that we believe would meet the above criteria.

                               Category 1
------------------------------------------------------------------------
      Federal noxious weed                     Common name
------------------------------------------------------------------------
Aeginetia spp..................  aeginetia.
Alectra spp....................  alectra.
Azolla pinnata.................  mosquito fern, water velvet.
Carthamus oxyacantha...........  wild safflower.
Caulerpa taxifolia               caulerpa.
 (Mediterranean clone).
Cuscuta spp. (other than native  dodder.
 or introduced species).
Digitaria abyssinica...........  African couchgrass.
Drymaria arenarioides..........  lightning weed.
Lagarosiphon major.............  oxygen weed.
Leptochloa chinensis...........  Asian sprangletop.
Lycium ferocissimum............  African boxthorn.
Mikania cordata................  mile-a-minute.
Monochoria hastata.............  monochoria.
Nassella trichotoma............  serrated tussock.
Opuntia aurantiaca.............  jointed prickl pear.
Oryza longistaminata...........  red rice.
Oryza punctata.................  red rice.
Prosopis alpataco..............  mesquite.
Prosopis argentina.............  mesquite.
Prosopis articulata............  mesquite.
Prosopis burkartii.............  mesquite.
Prosopis caldenia..............  mesquite.
Prosopis calingastana..........  mesquite.
Prosopis campestris............  mesquite.
Prosopis castellanosii.........  mesquite.
Prosopis denudans..............  mesquite.
Prosopis elata.................  mesquite.
Prosopis ferox.................  mesquite.
Prosopis fiebrigii.............  mesquite.
Prosopis hassleri..............  mesquite.
Prosopis humilis...............  mesquite.
Prosopis kuntzei...............  mesquite.
Prosopis palmeri...............  mesquite.
Prosopis rojasiana.............  mesquite.
Prosopis ruizlealii............  mesquite.
Prosopis ruscifolia............  mesquite.
Prosopis sericantha............  mesquite.
Prosopis torquata..............  mesquite.
Sparganium erectum.............  exotic bur-reed.
Spermacoce alata...............  borreria.
Striga spp. (other than S.       witchweed.
 asiatica and S. Gesnerioides).
------------------------------------------------------------------------


[[Page 14929]]

    Once again, the weeds listed above are weeds that we believe do not 
exist in the United States. If you believe that any of the weeds listed 
above exists in your area, or in another area of the United States, 
please submit a written comment to the address listed under ADDRESSES.

Category 2

    In developing the Category 2 list, we listed a weed based on the 
following criteria:
     It is currently listed as a Federal noxious weed (i.e., it 
has demonstrated that it is harmful to crops, other plants, livestock, 
poultry, or other interests of agriculture, including irrigation, 
navigation, the fish or wildlife resources of the United States, or the 
public health; it is not a species of plant native to the United 
States; and it is new to or not widely prevalent in the United States).
     It occurs (or is suspected to occur) somewhere in the 
United States.
For a weed to be considered ``new to or not widely prevalent,'' it must 
not exist in more than a few States. Generally, we have considered 
weeds that were known to exist in only a few States at the time of 
listing as eligible for inclusion in the Federal noxious weed list. 
However, we make exceptions to this policy for weeds that have spread 
beyond a few States prior to listing if we believe such weeds occupy 
only a fraction of their full potential range and present a serious 
threat to other plants, crops, livestock, poultry, or other interests 
of agriculture.
    The table below lists noxious weeds currently listed in the 
regulations that are known to exist in some areas of the United States. 
For each listed weed, we have also indicated the State(s) where that 
weed is believed to exist.

                               Category 2
------------------------------------------------------------------------
   Federal noxious weeds,                                 Suspected
         introduced                Common name          distribution
------------------------------------------------------------------------
Ageratina adenophora........  crofton weed........  HI, CA
Alternanthera sessilis......  sessile joyweed.....  HI, PR, FL, MD, GA,
                                                     LA, VI, TX, MS, SC,
                                                     Al
Asphodelus fistulosus.......  onionweed...........   CA, TX, NM
Avena sterilis..............  animated or wild oat  PA, NJ, CA, OR, VT
Chrysopogon aciculatus......  Pilipiliula.........  HI
Commelina benghalensis......  Benghal dayflower...  FL, HI, GA, CA, LA
Crupina vulgaris............  common crupina......  ID, OR, WA, CA, MA
Digitaria velutina..........  velvet fingergrass    ....................
                               TX.
Eichhornia azurea...........  anchored              PR, FL
                               waterhyacinth.
Emex australis..............  three-comered jack..  CA
Emex spinosa................  devil's thorn.......  HI, CA, MA, NJ, TX
Galega officinalis..........  goatsrue............  UT, NY, PA, CT, ME,
                                                     MA, NE, CO, MD, WA
Heracleum mantegazzianum....  giant hogweed.......  NY, WA, ME, PA, MI
Hydrilla verticillata.......  hydrilla............  widespread (16
                                                     States)
Hygrophila polysperma.......  Miramar weed........  FL, VA, TX
Imperata brasiliensis.......  Brazilian satintail.  AL, FL, LA, MS, SC,
                                                     PR
Imperata cylindrica.........  cogongrass..........  AL, FL, GA, HI, MS,
                                                     OR, LA, SC
Ipomoea aquatica............  Chinese waterspinach  CA, FL, TX, HI, PR
Ischaemum rugosum...........  murain-grass........  MD
Limnophila sessiliflora.....  ambulia.............  FL, TX, GA
Malaleuca quinquenervia.....  melaleuca...........  FL, CA, HI, PR
Melastoma malabathricum.....  melastoma...........  HI
Mikania micrantha...........  mile-a-minute.......  PR
Mimosa invisa (now in Mimosa  giant sensitive       PR
 diplotrichia).                plant.
Mimosa pigra................  catclaw mimosa......  FL, TX, PR
Monochoria vaginalis........  monochoria..........  CA, HI
Orobanche minor.............  small broomrape.....  WA, OR, FL, GA, SC,
                                                     NC, VA, WV, MD, DE,
                                                     NJ, PA, NY
Orobanche ramosa............  branched broomrape..  CA, TX, NC, IL, KY,
                                                     NJ
Oryza rufipogon.............  red rice............  FL, CA
Ottelia alismoides..........  duck-lettuce........  CA, LA, TX
Paspalum scrobiculatum......  Kodo-millet.........  HI, FL, NJ, TX, MD
Pennisetum clandestinum.....  Kikuyugrass.........  CA, HI, AZ, PR
Pennisetum macrourum........  African feathergrass  CA, HI
Pennisetum pedicellatum.....  kyasuma-grass.......  FL
Pennisetum polystachion.....  missiongrass........  HI, PR, FL
Prosopis farcta.............  mesquite............  AZ
Prosopis pallida............  mesquite............  HI, PR, VI
Prosopis reptans............  mesquite............  TX
Prosopis strombulifera......  mesquite............  CA
Rottboelia cochinchinensis..  itchgrass...........  AL, AR, FL, GA, IN,
                                                     LA, MS, NC, PR, TX
Rubus fruticosus............  wild blackberry       NC, SC, VA, WV
                               complex.
Rubus moluccanus............  wild blackberry.....  HI
Saccharum spontaneum........  wild sugarcane......  FL, HI, PR
Sagittaria sagittifolia.....  arrowhead...........  HI
Salsola vermiculata.........  wormleaf salsola....  CA
Salvinia auriculata.........  giant salvinia......  PR
Salvinia molesta............  giant salvinia......  TX, LA, SC, MS, AL,
                                                     FL, HI, NC
Setaria pallide-fusca (=S.    cattail grass.......  LA, OR, TX, FL, MD,
 pumila ssp. pallidifusca).                          CA
Solanum tampicense..........  wetland nightshade..  FL
Solanum torvum..............  turkey berry........  FL, HI, PR, CA, AL,
                                                     MD, VI
Solanum viarum..............  tropical soda apple.  FL, LA, MS, GA, AL,
                                                     TN, PR
Striga asiatica.............  witchweed...........  NC, SC

[[Page 14930]]

 
Striga gesnerioides.........  indigo witchweed....  FL
Tridax procumbens...........  coat buttons........  FL, HI, PR, TX, VI
Urochloa panicoides.........  liverseed grass.....  TX, NM, MD
------------------------------------------------------------------------
Distributions derived from: PLANTS database, USDA, NRCS, 1997 (http://
plants.usda.gov), and Biota of North America Program (BONAP) North
  Carolina Botanical Garden at UNC Chapel Hill (http://www.cdsl.tamu.edu/
FLORA/b98/check98.htm).

    If you believe that the distribution of any Category 2 weed listed 
above is incorrect, please submit a comment to the address provided 
under ADDRESSES.

Category 3

    In developing the Category 3 list, we listed a weed based on the 
following criteria:
     It is not currently listed as a Federal noxious weed.
     It is listed as a weed in at least one State's plant 
protection regulations.
    We would publish this list periodically in the Federal Register and 
on the Internet as an informational service to States, other Federal 
agencies, and various interest groups. This list would serve as a 
reference for the public, containing a comprehensive listing of all 
applicable weeds and the States that list them as noxious weeds. The 
most current Category 3 list is available on the Internet at http://
www.aphis.usda.gov/ppd/rad/noxweeds.html. Copies are also available by 
contacting Ms. Polly Lehtonen at the address listed under FOR FURTHER 
INFORMATION CONTACT. As stated earlier in this document, weeds listed 
in Category 3 would not be subject to Federal regulation, and the 
importation or interstate movement of such weeds would not be 
restricted.

Category 4

    We have not yet developed a Category 4 list, but a weed would 
likely be listed in Category 4 based on the following, and perhaps 
other criteria:
     It is not currently listed as a Federal noxious weed.
     It is not listed as a weed in any State's plant protection 
regulations.
     It has been documented to be an invasive plant species.
    We would publish this list periodically in the Federal Register and 
on the Internet as an informational service to States, other Federal 
Agencies, and various interest groups. This list would serve as a 
reference for the public, containing a comprehensive listing of all 
applicable weed species that are not listed in Federal or State 
regulations, but that are believed to be an invasive plant species. As 
stated earlier in this document, weeds listed in Category 4 would not 
be subject to Federal or State regulation.
    We would like your comments regarding any additional criteria that 
you think should be used to determine which weeds should be included in 
the Category 4 list, including whether we should base the Category 4 
list on lists of invasive plant species maintained by scientists in the 
private sector, such as Alien Plant Invaders of Natural Areas.\2\ What 
weed lists should we base the Category 4 list on? If we base the 
Category 4 list on such weed list(s), should we exclude listed weeds if 
the weeds are economically valuable to domestic or international trade? 
What criteria, economic or otherwise, should we base such exclusions 
on?
---------------------------------------------------------------------------

    \2\ Alien Plant Invaders of Natural Areas--a developing list 
based on a variety of sources, including those produced or published 
by The Nature Conservancy (John M. Randall, 1995), California Exotic 
Pest Plant Council, Florida Exotic Pest Plant Council, Tennessee 
Exotic Pest Plant Council, University of Hawaii (Hawaii Ecosystems 
at Risk Project), Faith T. Campbell, Maryland Natural Heritage 
Program, the University of Florida, and University of Georgia (Kim 
D. Coder). Available on the World Wide Web at http://www.nps.gov/
plants/alien/scie-d.thm.
---------------------------------------------------------------------------

Questions--New Weed Categories

    We would like your comments as to whether and how these new 
categories would improve our efforts to control and limit the spread of 
Federally listed noxious weeds and other weed species. In particular, 
we would like you to address as many of the following questions as you 
can:
     Should we divide the current Federal noxious weed list 
into two categories (Category 1, Federal noxious weeds that do not 
exist in the United States, and Category 2, Federal noxious weeds that 
exist in some areas of the United States)?
     Regarding Category 2: Is our listing of the distribution 
of Federal noxious weeds accurate? Do listed noxious weeds exist in 
States other than those listed? Have we listed States where a weed is 
not known to exist?
     As shown in the Category 2 list above, several of the 
weeds currently listed have spread beyond a few States since their 
listing (some to as many as 16 States). Should we continue to list 
weeds that have spread beyond a few States since the time they were 
originally listed as Federal noxious weeds? At what point should a 
noxious weed be deleted from Federal regulation by removing it from 
Category 2? Should any weeds currently listed in Category 2 be moved 
into Category 3 or Category 4? How should we interpret the part of the 
FNWA definition of ``noxious weed'' that states that weeds must be 
``new to, or not widely prevalent in the United States''? How new is 
``new to''? Within the last century? Within the last decade? Rather 
than consider the number of States a weed occurs in, APHIS could 
consider whether a weed occupies its full potential biological range. 
``Not widely prevalent'' could be defined as ``not yet widely prevalent 
throughout the weed's potential biological range.'' The difficulty with 
such an interpretation is that we do not know the potential biological 
range for most of the weeds already listed. Phytotron studies are 
expensive and time consuming, and the software for estimating range has 
limitations. What criteria should APHIS use to determine if a weed is 
or is not widely prevalent?
     Should we make available and maintain the Category 3 and 
Category 4 lists as outlined above? Would these lists be useful to 
States and the public, even though they would not have any binding 
effect, and would not be accompanied by additional funding to State and 
local weed control programs?
     In the Category 1 and Category 2 lists, we could continue 
to group weeds according to their habitat (i.e., aquatic, terrestrial, 
parasitic). Should there be other divisions within any of the four 
categories? Should there be fewer than four categories? Should the 
criteria for listing in any of the categories be modified?
    States maintain unique noxious weed lists that often include weeds 
that do not meet the definition of a Federal noxious weed, but that are 
of local concern. We would provide a summary of these lists as an 
informational service. We would make no endorsement regarding the 
listings, nor would we sanction actions of States pursuant to the 
listings. Since each State has unique restrictions regarding noxious 
weeds, we ask that the public please refrain

[[Page 14931]]

from commenting on the individual weed listings contained in Category 
3. We are unable to address questions or comments regarding the 
individual Category 3 listings, especially questions or comments 
regarding particular State regulations and/or restrictions on 
particular weeds. Such concerns should be addressed to the appropriate 
State plant board. State officials are requested to submit amendments 
to their weed list that have been made since the drafting of this rule.

Other Questions

Sterile Cultivars of Federal Noxious Weeds
    Imperata cylindrica, a listed Federal noxious weed, has sterile 
cultivars that are widely planted in the United States and extensively 
sold in the nursery trade. The wild, seed-producing biotype is clearly 
undesirable, but many in the nursery trade consider the sterile 
cultivars to be well-behaved ornamentals. Should there be a category of 
Federal noxious weeds where only seed producing cultivars are 
regulated, such that sterile cultivars would be exempt from the 
regulations? Imperata cylindrica would be moved into this category, and 
other species, such as Vetiveria zizanioides, vetiver grass, could be 
listed in this category as well. Seeds of weeds in this category (and 
by extension, the commodities they reside in) would be prohibited from 
entering the United States or moving interstate, but vegetatively 
produced sterile stock could be moved without restriction.
Weeds for Human Consumption
    Some of the currently listed Federal noxious weeds are valued as 
foods by various groups. For example, Ipomoea aquatica (Chinese water 
spinach) was imported in large quantities before it was listed as a 
Federal noxious weed and is now widely available in specialty markets 
around the United States. Should APHIS issues permits for the 
importation and interstate movement of certain weeds for consumption 
only? If so, under what conditions?
Pest Risk Assessments
    APHIS uses pest risk assessments (PRA's) as a basis for weed 
exclusion decisions. Individuals with an interest in seeing a 
particular plant species listed as a Federal noxious weed (Category 1 
or Category 2) may submit draft risk assessments for review and 
consideration. Some of the Category 3 and Category 4 weeds might also 
be candidates to be listed as Federal noxious weeds, and proponents may 
submit draft risk assessments for review. The PRA guidelines for weeds 
are available on the Internet at ``http://www.aphis.usda.gov/ppq/weeds/
weedsrisk99.html''. The main components of a risk assessment include:

1. Taxonomy and description of the plant species.
2. Distribution.
3. Local, State, or other control efforts in the United States.
4. Determination of the consequences of introduction by considering 
risk elements 1-4.
    Risk element 1. Habitat suitability in the United States.
    Risk element 2: Spread potential after establishment, dispersal 
potential.
    Risk element 3: Economic impact.
    Risk element 4: Environmental impact.
5. Determination of the likelihood of introduction or spread.
6. Citation of references.

We welcome comments related to risk assessment guidelines and the 
process itself.

Allocation of Resources and Funding

    Given that APHIS has limited resources for weed programs, should we 
focus all our resources on the exclusion of weeds not yet introduced 
into the United States (Category 1) and on the control and eradication 
of introduced weeds of limited distribution (Category 2)? Which 
programs should receive the highest priority for funding? Should we 
also provide additional guidance on controlling widespread weeds 
(Category 3 and Category 4)? What kind of guidance should we provide 
regarding the Category 3 and Category 4 lists?
    APHIS conducts the following activities under the weed program. In 
what order of priority should limited resources be devoted? Which of 
these activities should receive highest priority? Which should receive 
lowest?

     Port of entry inspection and detection.
     Eradication of incipient infestations.
     Review of weed permit applications and issuance of weed 
permits.
     Survey and early detection of noxious weeds.
     Risk assessment to support new listings or delistings.
     Devitalization studies (for example, heat, radiation, and 
microwave treatments for commodities infested with noxious weeds).
     Weed control technology, development and transfer.
     Regulation review and revision (regulations promulgated 
under the Federal Noxious Weed Act, Federal Seed Act, and Federal Plant 
Pest Act).
     Data management.
     Public education.
     Integrated management of introduced weeds (e.g., through 
biological control), in cooperation with other agencies.

    We invite comments on these topics. We also welcome ideas as to 
different approaches we might take to improve our weed programs. In 
responding to the questions posed in this notice, commenters are urged 
to include economic reasons and data supporting their positions, 
whenever possible.

    Authority: 7 U.S.C. 2803 and 2809; 7 CFR 2.22, 2.80, and 
371.2(c).

    Done in Washington, DC, this 15th day of March 2000.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-6825 Filed 3-17-00; 8:45 am]
BILLING CODE 3410-34-U