[Federal Register: January 14, 2009 (Volume 74, Number 9)] [Proposed Rules] [Page 1948-1954] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr14ja09-17] ======================================================================== 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. ======================================================================== [[Page 1948]] OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 532 RIN 3206-AL77 Prevailing Rate Systems; Redefinition of Certain Appropriated Fund Federal Wage System Wage Areas AGENCY: U.S. Office of Personnel Management. ACTION: Proposed rule with request for comments. ----------------------------------------------------------------------- SUMMARY: The U.S. Office of Personnel Management (OPM) is issuing a proposed rule that would redefine the geographic boundaries of several appropriated fund Federal Wage System wage areas for pay-setting purposes. Based on recent reviews of Metropolitan Statistical Area boundaries in a number of wage areas, OPM proposes redefinitions affecting the following wage areas: Birmingham, AL; Denver, CO; Wilmington, DE; Washington, DC; Atlanta, GA; Columbus, GA; Macon, GA; Chicago, IL; Bloomington-Bedford-Washington, IN; Indianapolis, IN; Louisville, KY; Baltimore, MD; Hagerstown-Martinsburg-Chambersburg, MD; St. Louis, MO; Southern Missouri; Omaha, NE; New York, NY; Philadelphia, PA; Scranton-Wilkes-Barre, PA; Eastern South Dakota; Richmond, VA; and Milwaukee, WI. DATES: We must receive comments on or before February 13, 2009. ADDRESSES: Send or deliver comments to Charles D. Grimes III, Deputy Associate Director for Performance and Pay Systems, Strategic Human Resources Policy Division, U.S. Office of Personnel Management, Room 7H31, 1900 E Street, NW., Washington, DC 20415-8200; e-mail pay- performance-policy@opm.gov; or FAX: (202) 606-4264. FOR FURTHER INFORMATION CONTACT: Madeline Gonzalez, (202) 606-2838; e- mail pay-performance-policy@opm.gov; or FAX: (202) 606-4264. SUPPLEMENTARY INFORMATION: The U.S. Office of Personnel Management (OPM) is issuing a proposed rule to redefine the geographic boundaries of several appropriated fund Federal Wage System (FWS) wage areas. These changes are based on recommendations of the Federal Prevailing Rate Advisory Committee (FPRAC), the statutory national labor- management committee responsible for advising OPM on matters affecting the pay of FWS employees. From time to time, FPRAC reviews the boundaries of wage areas and provides OPM with recommendations for changes if the Committee finds that changes are warranted. There are currently 132 FWS wage areas in the United States and the Commonwealth of Puerto Rico for blue-collar employees who are paid from appropriated funds. Each wage area is comprised of a survey area where a lead agency, the Department of Defense, measures local prevailing wage levels in a local labor market. Because it is not feasible to include every part of the United States in a survey area, those parts that are not in a survey area are combined with a nearby survey area to form a wage area's area of application. OPM considers the following regulatory criteria under 5 CFR 532.211 when defining FWS wage area boundaries: 1. Distance, transportation facilities, and geographic features; 2. Commuting patterns; and 3. Similarities in overall population, employment, and the kinds and sizes of private industrial establishments. In addition, OPM regulations at 5 CFR 532.211 do not permit splitting Metropolitan Statistical Areas (MSAs) for the purpose of defining a wage area, except in very unusual circumstances (e.g., organizational relationships among closely located Federal activities). The Office of Management and Budget defines MSAs and maintains and updates the definitions of MSA boundaries following each decennial census. MSAs are composed of counties and are defined on the basis of a central urbanized area-a contiguous area of relatively high population density. Additional surrounding counties are included in MSAs if they have strong social and economic ties to central counties. When the boundaries of wage areas were first established in the 1960s, there were fewer MSAs than there are today and the boundaries of the then existing MSAs were much smaller. Most MSAs were contained within the boundaries of a wage area. MSAs have expanded each decade and in some cases now extend beyond the boundaries of the wage area. FPRAC recently reviewed several wage areas where boundaries subdivide certain MSAs and concurred by consensus with the changes described in this proposed rule. These changes would be effective on the first day of the first applicable pay period beginning on or after 30 days following publication of the final regulations. FPRAC recommended no other changes in the geographic definitions of the wage areas. Birmingham-Hoover, AL MSA: Bibb, Blount, Chilton, Jefferson, St. Clair, Shelby, and Walker Counties, AL, comprise the Birmingham-Hoover, AL MSA. Jefferson, St. Clair, Shelby, and Walker Counties are part of the Birmingham survey area, Bibb and Blount Counties are part of the Birmingham area of application, and Chilton County is part of the Columbus area of application. OPM proposes to redefine Chilton County to the Birmingham area of application so that the entire Birmingham- Hoover, AL MSA is in one wage area. There are currently no FWS employees working in Chilton County. Denver-Aurora, CO MSA: Adams, Arapahoe, Broomfield, Clear Creek, Denver, Douglas, Elbert, Gilpin, Jefferson, and Park Counties, CO, comprise the Denver-Aurora, CO MSA. Adams, Arapahoe, Denver, Douglas, Gilpin, and Jefferson Counties are part of the Denver, CO, survey area and Clear Creek, Elbert, and Park are part of the Denver area of application. Broomfield County is currently undefined. The municipality of Broomfield was incorporated in 1961 in the southeastern corner of Boulder County, CO. On November 15, 2001, Broomfield County officially separated from Boulder County and became the 64th county of Colorado. The boundaries of the City of Broomfield and the County of Broomfield are identical. OPM proposes to define Broomfield County as part of the Denver survey area. There are three FWS employees working in Broomfield County. Washington-Arlington-Alexandria, DC-MD-VA-WV MSA: Washington, DC; Calvert, Charles, Frederick, [[Page 1949]] Montgomery, and Prince George's Counties, MD; Arlington, Clarke, Fairfax, Fauquier, Loudoun, Prince William, Spotsylvania, Stafford, and Warren Counties, VA; Alexandria, Fairfax, Falls Church, Fredericksburg, Manassas, and Manassas Park Cities, VA; and Jefferson County, WV, comprise the Washington-Arlington-Alexandria, DC-MD-VA-WV MSA. Washington, DC; Charles, Frederick, Montgomery, and Prince George's Counties, MD; Arlington, Fairfax, Loudoun, and Prince William Counties, VA; and Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park Cities, VA; are part of the Washington survey area. Calvert and St. Mary's Counties, MD, and Fauquier, King George, and Stafford Counties, VA, are part of the Washington area of application. Spotsylvania County and Fredericksburg City, VA, are part of the Richmond area of application. Clarke and Warren Counties, VA, and Jefferson County, WV, are part of the Hagerstown-Martinsburg-Chambersburg area of application. OPM proposes to redefine Clarke, Spotsylvania, and Warren Counties, VA, Fredericksburg City, VA, and Jefferson County, WV, to the Washington area of application so that the entire Washington-Arlington- Alexandria, DC-MD-VA-WV MSA is in one wage area. There are no FWS employees working in Clarke and Spotsylvania Counties, but there are 31 FWS employees working in Warren County, 9 FWS employees working in Fredericksburg City, and 50 FWS employees working in Jefferson County. Atlanta-Sandy Springs-Marietta, GA MSA: Barlow, Barrow, Butts, Carroll, Cherokee, Clayton, Cobb, Coweta, Dawson, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Haralson, Heard, Henry, Jasper, Lamar, Meriwether, Newton, Paulding, Pickens, Pike, Rockdale, Spalding, and Walton Counties, GA, comprise the Atlanta-Sandy Springs-Marietta, GA MSA. Butts, Cherokee, Clayton, Cobb, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Newton, Paulding, Rockdale, and Walton Counties are part of the Atlanta survey area; Bartow, Barrow, Carroll, Coweta, Dawson, Haralson, Heard, Pickens, Pike, and Spalding Counties are part of the Atlanta area of application; Jasper and Lamar Counties are part of the Macon area of application; and Meriwether County is part of the Columbus area of application. OPM proposes to redefine Jasper, Lamar, and Meriwether Counties to the Atlanta area of application so that the entire Atlanta-Sandy Springs-Marietta, GA MSA is in one wage area. There are no FWS employees working in Jasper and Lamar Counties, but there is one FWS employee working in Meriwether County. Chicago-Naperville-Joliet, IL-IN-WI MSA: Cook, DeKalb, DuPage, Grundy, Kane, Kendall, McHenry, and Will Counties, IL; Jasper, Lake, Newton, and Porter Counties, IN; and Lake and Kenosha Counties, WI, comprise the Chicago-Naperville-Joliet, IL-IN-WI MSA. Cook, DuPage, Kane, McHenry, and Will Counties, IL, and Lake County, WI, are part of the Chicago survey area; DeKalb, Grundy, and Kendall, IL, and Jasper, Lake, Newton, and Porter Counties, IN, are part of the Chicago area of application; and Kenosha County, WI, is part of the Milwaukee area of application. OPM proposes to redefine Kenosha County to the Chicago area of application so that the entire Chicago-Naperville-Joliet, IL- IN-WI MSA is in one wage area. There are six FWS employees working in Kenosha County. Indianapolis, IN MSA: Boone, Brown, Hamilton, Hancock, Hendricks, Johnson, Marion, Morgan, Putnam, and Shelby Counties, IN, comprise the Indianapolis, IN MSA. Boone, Hamilton, Hancock, Hendricks, Johnson, Marion, Morgan, and Shelby Counties are part of the Indianapolis survey area; Putnam County is part of the Indianapolis area of application; and Brown County is part of the Bloomington-Bedford-Washington area of application. OPM proposes to redefine Brown County to the Indianapolis area of application so that the entire Indianapolis, IN MSA is in one wage area. There are no FWS employees working in Brown County. Sioux City, IA-NE-SD MSA: Woodbury County, IA, Dakota and Dixon Counties, NE, and Union County, SD, comprise the Sioux City, IA-NE-SD MSA. Woodbury County, IA, and Dakota and Dixon Counties, NE, are part of the Omaha area of application and Union County, SD, is part of the Eastern South Dakota area of application. OPM proposes to redefine Union County to the Omaha area of application so that the entire Sioux City, IA-NE-SD MSA is in one wage area. There are no FWS employees working in Union County. Louisville, KY-IN MSA: Clark, Floyd, Harrison, and Washington County, IN, and Bullitt, Henry, Jefferson, Meade, Nelson, Oldham, Shelby, Spencer, and Trimble Counties, KY, comprise the Louisville, KY- IN MSA. Clark, and Floyd Counties, IN, and Bullitt, Jefferson, and Oldham Counties, KY, are part of the Louisville survey area; Harrison County, IN, and Henry, Meade, Nelson, Shelby, Spencer, and Trimble Counties, KY, are part of the Louisville area of application; and Washington County, IN, is part of the Bloomington-Bedford-Washington area of application. OPM proposes to redefine Washington County to the Louisville area of application so that the entire Louisville, KY-IN MSA is in one wage area. There are no FWS employees working in Washington County. Baltimore-Towson, MD MSA: Anne Arundel, Baltimore, Carroll, Harford, Howard, and Queen Anne's Counties, MD, and Baltimore City, MD, comprise the Baltimore-Towson, MD MSA. Anne Arundel, Baltimore, Carroll, Harford, and Howard Counties and Baltimore City are part of the Baltimore survey area and Queen Anne's County is part of the Wilmington area of application. OPM proposes to redefine Queen Anne's County to the Baltimore area of application so that the entire Baltimore-Towson, MD MSA is in one wage area. There are no FWS employees working in Queen Anne's County. Jefferson City, MO MSA: Callaway, Cole, Moniteau, and Osage Counties, MO, comprise the Jefferson City, MO MSA. Callaway, Cole, and Osage Counties are part of the St. Louis area of application and Moniteau County is part of the Southern Missouri area of application. OPM proposes to redefine Moniteau County to the St. Louis area of application so that the entire Jefferson City, MO MSA is in one wage area. There are no FWS employees working in Moniteau County. New York-Newark-Edison, NY-NJ-PA MSA: Bergen, Essex, Hudson, Hunterdon, Middlesex, Monmouth, Morris, Ocean, Passaic, Somerset, Sussex, and Union Counties, NJ; Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Rockland, Suffolk, and Westchester Counties, NY; and Pike County, PA, comprise the New York-Newark-Edison, NY-NJ-PA MSA. Bergen, Essex, Hudson, Middlesex, Morris, Passaic, Somerset, and Union Counties, NJ, and Bronx, Kings, Nassau, New York, Queens, Suffolk, and Westchester Counties, NY, are part of the New York survey area. Monmouth, Ocean (excluding the Fort Dix Military Reservation), and Sussex Counties, NJ, and Putnam, Richmond, and Rockland Counties, NY, are part of the New York area of application. Hunterdon County, NJ, is part of the Philadelphia area of application and Pike County, PA, is part of the Scranton-Wilkes-Barre area of application. OPM proposes to redefine Hunterdon County, NJ, and Pike County, PA, to the New York area of application so that the entire New York-Newark-Edison, NY-NJ-PA MSA is in one wage area. There are no FWS employees working in Hunterdon [[Page 1950]] County, but there are five FWS employees working in Pike County. Allentown-Bethlehem-Easton, PA-NJ MSA: Warren County, NJ, and Carbon, Lehigh, and Northampton Counties, PA, comprise the Allentown- Bethlehem-Easton, PA-NJ MSA. Warren County, NJ, and Lehigh and Northampton Counties, PA are part of the Philadelphia area of application and Carbon County, PA, is part of the Scranton-Wilkes-Barre area of application. OPM proposes to redefine Carbon County to the Philadelphia area of application so that the entire Allentown- Bethlehem-Easton, PA-NJ MSA is in one wage area. There are three FWS employees working in Carbon County. Regulatory Flexibility Act I certify that these regulations would not have a significant economic impact on a substantial number of small entities because they would affect only Federal agencies and employees. List of Subjects in 5 CFR Part 532 Administrative practice and procedure, Freedom of information, Government employees, Reporting and recordkeeping requirements, Wages. U.S. Office of Personnel Management. Michael W. Hager, Acting Director. Accordingly, the U.S. Office of Personnel Management is proposing to amend 5 CFR part 532 as follows: PART 532--PREVAILING RATE SYSTEMS 1. The authority citation for part 532 continues to read as follows: Authority: 5 U.S.C. 5343, 5346; Sec. 532.707 also issued under 5 U.S.C. 552. 2. Appendix C to subpart B is amended by revising the wage area listings for Birmingham, AL; Denver, CO; Wilmington, DE; Washington, DC; Atlanta, GA; Columbus, GA; Macon, GA; Chicago, IL; Bloomington- Bedford-Washington, IN; Indianapolis, IN; Louisville, KY; Baltimore, MD; Hagerstown-Martinsburg-Chambersburg, MD; St. Louis, MO; Southern Missouri; Omaha, NE; New York, NY; Philadelphia, PA; Scranton-Wilkes- Barre, PA; Eastern South Dakota; Richmond, VA; and Milwaukee, WI, to read as follows: APPENDIX C TO SUBPART B OF PART 532--APPROPRIATED FUND WAGE AND SURVEY AREAS * * * * * ALABAMA * * * * * Birmingham Survey Area Alabama: Jefferson St. Clair Shelby Tuscaloosa Walker Area of Application. Survey Area Plus Alabama: Bibb Blount Chilton Cullman Fayette Greene Hale Lamar Marengo Perry Pickens * * * * * COLORADO Denver Survey Area Colorado: Adams Arapahoe Boulder Broomfield Denver Douglas Gilpin Jefferson Area of Application. Survey Area Plus Colorado: Clear Creek Eagle Elbert Garfield Grand Jackson Lake Larimer Logan Morgan Park Phillips Pitkin Rio Blanco Routt Sedgwick Summit Washington Weld Yuma * * * * * DELAWARE Wilmington Survey Area Delaware: Kent New Castle Maryland: Cecil New Jersey: Salem Area of Application. Survey Area Plus Delaware: Sussex Maryland: Caroline Dorchester Kent Somerset Talbot Wicomico Worcester (Does not include the Assateague Island portion.) * * * * * DISTRICT OF COLUMBIA Washington, DC Survey Area District of Columbia: Washington, DC Maryland: Charles Frederick Montgomery Prince George's Virginia (cities): Alexandria Fairfax Falls Church Manassas Manassas Park Virginia (counties): Arlington Fairfax Loudoun Prince William Area of Application. Survey Area Plus Maryland: Calvert St. Mary's Virginia (city): Fredericksburg Virginia (counties): Clarke Fauquier King George Spotsylvania Stafford Warren West Virginia: Jefferson * * * * * GEORGIA * * * * * Atlanta Survey Area Georgia: Butts Cherokee Clayton Cobb De Kalb Douglas Fayette Forsyth Fulton Gwinnett Henry Newton Paulding Rockdale Walton Area of Application. Survey Area Plus Georgia: [[Page 1951]] Banks Barrow Bartow Carroll Chattooga Clarke Coweta Dawson Fannin Floyd Franklin Gilmer Gordon Greene Habersham Hall Haralson Heard Jackson Jasper Lamar Lumpkin Madison Meriwether Morgan Murray Oconee Oglethorpe Pickens Pike Polk Rabun Spalding Stephens Towns Union White Whitfield * * * * * Columbus Survey Area Georgia (counties): Chattahoochee Georgia (consolidated government): Columbus Alabama: Autauga Elmore Lee Macon Montgomery Russell Area of Application. Survey Area Plus Georgia: Harris Marion Quitman Schley Stewart Talbot Taylor Webster Alabama: Bullock Butler Chambers Coosa Crenshaw Dallas Lowndes Pike Tallapoosa Wilcox Macon Survey Area Georgia: Bibb Houston Jones Laurens Twiggs Wilkinson Area of Application. Survey Area Plus Georgia: Baldwin Bleckley Crawford Crisp Dodge Dooly Hancock Johnson Macon Monroe Montgomery Peach Pulaski Putnam Telfair Treutlen Upson Washington Wheeler Wilcox * * * * * ILLINOIS * * * * * Chicago Survey Area Illinois: Cook Du Page Kane Lake McHenry Will Area of Application. Survey Area Plus Illinois: Boone De Kalb Grundy Iroquois Kankakee Kendall La Salle Lee Livingston Ogle Stephenson Winnebago Indiana: Benton Jasper Lake La Porte Newton Porter Pulaski Starke Wisconsin: Kenosha INDIANA Bloomington-Bedford-Washington Survey Area Indiana: Daviess Greene Knox Lawrence Martin Monroe Orange Area of Application. Survey Area Plus Indiana: Crawford Dubois Gibson Jackson Owen Perry Pike Posey Spencer Vanderburgh Warrick Illinois: Edwards Gallatin Hardin Lawrence Richland Wabash White Kentucky: Crittenden Daviess Hancock Henderson Livingston McLean Ohio Union Webster * * * * * Indianapolis Survey Area Indiana: Boone Hamilton Hancock Hendricks Johnson Marion Morgan Shelby Area of Application. Survey Area Plus Indiana: Bartholomew Brown Clay Clinton Decatur Delaware Fayette Fountain Henry Madison Montgomery Parke Putnam Rush Sullivan Tippecanoe [[Page 1952]] Tipton Vermillion Vigo Warren * * * * * KENTUCKY * * * * * Louisville Survey Area Kentucky: Bullitt Hardin Jefferson Oldham Indiana: Clark Floyd Jefferson Area of Application. Survey Area Plus Kentucky: Breckinridge Grayson Hart Henry Larue Meade Nelson Shelby Spencer Trimble Indiana: Harrison Jennings Scott Washington * * * * * MARYLAND * * * * * Baltimore Survey Area Maryland: Baltimore City Anne Arundel Baltimore Carroll Harford Howard Area of Application. Survey Area Plus Maryland: Queen Anne's Hagerstown-Martinsburg-Chambersburg Survey Area Maryland: Washington Pennsylvania: Franklin West Virginia: Berkeley Area of Application. Survey Area Plus Maryland: Allegany Garrett Pennsylvania: Fulton Virginia (cities): Harrisonburg Winchester Virginia (counties): Culpeper Frederick Greene Madison Page Rappahannock Rockingham Shenandoah West Virginia: Hampshire Hardy Mineral Morgan * * * * * MISSOURI St. Louis Survey Area Missouri: St. Louis City Franklin Jefferson St. Charles St. Louis Illinois: Clinton Madison Monroe St. Clair Area of Application. Survey Area Plus Missouri: Audrain Boone Callaway Clark Cole Crawford Gasconade Knox Lewis Lincoln Marion Moniteau Monroe Montgomery Osage Pike Ralls Randolph St. Francois Ste. Genevieve Scotland Shelby Warren Washington Illinois: Alexander Bond Calhoun Clay Effingham Fayette Franklin Greene Hamilton Jackson Jefferson Jersey Johnson Macoupin Marion Massac Montgomery Morgan Perry Pike Pope Pulaski Randolph Saline Scott Union Washington Wayne Williamson Southern Missouri Survey Area Missouri: Christian Greene Laclede Phelps Pulaski Webster Area of Application. Survey Area Plus Missouri: Barry Barton Benton Bollinger Butler Camden Cape Girardeau Carter Cedar Dade Dallas Dent Douglas Hickory Howell Iron Jasper Lawrence McDonald Madison Maries Miller Mississippi Morgan New Madrid Newton Oregon Ozark Perry Polk Reynolds Ripley St. Clair Scott Shannon Stoddard Stone Taney Texas Vernon Wayne Wright Kansas: Cherokee Crawford * * * * * NEBRASKA Omaha Survey Area Nebraska: [[Page 1953]] Douglas Lancaster Sarpy Iowa: Pottawattamie Area of Application. Survey Area Plus Nebraska: Adams Antelope Arthur Blaine Boone Boyd Brown Buffalo Burt Butler Cass Cedar Chase Cherry Clay Colfax Cuming Custer Dakota Dawson Dixon Dodge Dundy Fillmore Franklin Frontier Furnas Gage Garfield Gosper Grant Greeley Hall Hamilton Harlan Hayes Hitchcock Holt Hooker Howard Jefferson Johnson Kearney Keith Keya Paha Knox Lincoln Logan Loup McPherson Madison Merrick Nance Nemaha Nuckolls Otoe Pawnee Perkins Phelps Pierce Platte Polk Red Willow Richardson Rock Saline Saunders Seward Sherman Stanton Thayer Thomas Thurston Valley Washington Wayne Webster Wheeler York Iowa: Adams Audubon Buena Vista Cass Cherokee Clay Crawford Fremont Harrison Ida Mills Monona Montgomery O'Brien Page Palo Alto Plymouth Pocahontas Sac Shelby Sioux Taylor Woodbury South Dakota: Union * * * * * NEW YORK * * * * * New York Survey Area New York: Bronx Kings Nassau New York Queens Suffolk Westchester New Jersey: Bergen Essex Hudson Middlesex Morris Passaic Somerset Union Area of Application. Survey Area Plus New York: Putnam Richmond Rockland New Jersey: Hunterdon Monmouth Ocean (Excluding the Fort Dix Military Reservation) Sussex Pennsylvania: Pike * * * * * PENNSYLVANIA * * * * * Philadelphia Survey Area Pennsylvania: Bucks Chester Delaware Montgomery Philadelphia New Jersey: Burlington Camden Gloucester Area of Application. Survey Area Plus Pennsylvania: Carbon Lehigh Northampton New Jersey: Atlantic Cape May Cumberland Mercer Ocean (Fort Dix Military Reservation only) Warren * * * * * Scranton-Wilkes-Barre Survey Area Pennsylvania: Lackawanna Luzerne Monroe Area of Application. Survey Area Plus Pennsylvania: Bradford Columbia Lycoming (Excluding Allenwood Federal Prison Camp) Sullivan Susquehanna Wayne Wyoming * * * * * SOUTH DAKOTA Eastern South Dakota Survey Area South Dakota: Minnehaha Area of Application. Survey Area Plus South Dakota: Aurora Beadle Bennett Bon Homme Brookings Brown Brule Buffalo Campbell Charles Mix Clark Clay Codington Corson Davison Day Deuel Dewey [[Page 1954]] Douglas Edmunds Faulk Grant Gregory Haakon Hamlin Hand Hanson Hughes Hutchinson Hyde Jerauld Jones Kingsbury Lake Lincoln Lyman McCook McPherson Marshall Mellette Miner Moody Potter Roberts Sanborn Spink Stanley Sully Todd Tripp Turner Walworth Washabaugh Yankton Ziebach Iowa: Dickinson Emmet Lyon Osceola Minnesota: Jackson Lincoln Lyon Murray Nobles Pipestone Rock * * * * * VIRGINIA * * * * * Richmond Survey Area Virginia (cities): Colonial Heights Hopewell Petersburg Richmond Virginia (counties): Charles City Chesterfield Dinwiddie Goochland Hanover Henrico New Kent Powhatan Prince George Area of Application. Survey Area Plus Virginia (cities): Charlottesville Emporia Virginia (counties): Albemarle Amelia Brunswick Buckingham Caroline Charlotte Cumberland Essex Fluvanna Greensville King and Queen King William Lancaster Louisa Lunenberg Mecklenburg Middlesex Northumberland Nottoway Orange Prince Edward Richmond Sussex Westmoreland * * * * * WISCONSIN * * * * * Milwaukee Survey Area Wisconsin: Milwaukee Ozaukee Washington Waukesha Area of Application. Survey Area Plus Wisconsin: Brown Calumet Door Fond du Lac Kewaunee Manitowoc Outagamie Racine Sheboygan Walworth Winnebago [FR Doc. E9-528 Filed 1-13-09; 8:45 am] BILLING CODE 6325-39-P