[Federal Register Volume 78, Number 229 (Wednesday, November 27, 2013)]
[Notices]
[Pages 70934-70935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28466]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
National Nuclear Security Administration
Trespassing on DOE Property: Kansas City Plant Facilities
AGENCY: National Nuclear Security Administration (NNSA), U.S.
Department of Energy (DOE).
ACTION: Notice of designation of Kansas City Plant Facilities as off-
limit areas.
-----------------------------------------------------------------------
SUMMARY: DOE hereby amends and adds to previously published site
descriptions of various DOE and contractor occupied facilities as off-
limit areas. In accordance with 1O CFR part 860, it is a federal crime
under section 229 of the Atomic Energy Act of 1954, as amended (42
U.S.C. 2278a), for unauthorized persons to enter into or upon the
facilities of the Kansas City Plant of the United States Department of
Energy, National Nuclear Security Administration, Kirtland Operations
operating area. The facilities are described in this notice. If
unauthorized entry into or upon these properties is into an area
enclosed by a fence, wall, floor, roof or other such structural
barrier, conviction for such unauthorized entry may result in a fine
not to exceed $100,000 or imprisonment for not more than one year, or
both. If unauthorized entry into or upon the properties is into an area
not enclosed by a fence, wall, floor, roof, or other such structural
barrier, conviction for such unauthorized entry may result in a fine of
not more than $5,000.'
By operation of law, the Criminal Fine Improvements Act of
1987, Public Law 100-185, 101 Stat. 1279 (1987), increased the fine
amounts from $1000/$5000 to $5000/$100,000. See, e.g., U.S. v. Lentsch,
369 F.3d 948, 950 (6th Cir. 2004) (quoting 58 FR 47984 (Sept. 14,
1993)); see also 10 CFR 860.5.
DATES: This action is effective on November 27, 2013.
FOR FURTHER INFORMATION CONTACT: Laurel I. Hautala, Director, Security
& Information Technology Systems, NNSA Kansas City Plant, 14520 Botts
Road, Kansas City, MO 64147, Telephone: (816) 488-5109, Facsimile:
(816) 488-3718.
Albert N. Guarino, Site Counsel, NNSA Kansas City Plant, 14520
Botts Road, Kansas City, MO 64147, Telephone: (816) 488-3344,
Facsimile: (816) 488-3718.
SUPPLEMENTARY INFORMATION: The DOE, successor agency to the Atomic
Energy Commission (AEC), is authorized, pursuant to Sec. 229 of the
Atomic Energy Act of 1954, as amended (42 U.S.C. 2278a), and Sec. 104
of the Energy Reorganization Act of 1974 (42 U.S.C. 5814), as
implemented by 10 CFR part 860, published in the Federal Register on
September 14, 1993 (58 FR 47984-47985) and Sec. 301 of the Department
of Energy Organization Act (42 U.S.C. 7151), to prohibit unauthorized
entry and the unauthorized introduction of weapons or dangerous
materials into or upon any DOE facility, installation, or real
property.
By notice dated October 19, 1965 (30 FR 13290), DOE prohibited
unauthorized entry into or upon the Kansas City Plant. The boundary was
revised on November 25, 1983 (48 FR 56822-568224) and again revised on
October 26, 2012 (FR 65376-65377).
Accordingly, NNSA prohibits the unauthorized entry and the
unauthorized introduction of weapons or dangerous materials, as
provided in 10 CFR 860.3 and 860.4 into and upon the following
additions to the existing Kansas City Plant boundary. The additions are
described in further detail in the paragraphs that follow.
Property Description:
Air Park Building
2100 Air Park Road SE., Albuquerque, Bernalillo County, NM--Legal
Description: Lot Numbered Four (4) of Airport Business Park, within
Section 34, Tl0N, R3E, NMPM containing 1.4204 acres.
Alamo Building
2445 Alamo Avenue SE., Albuquerque, Bernalillo County, NM--Legal
Description: 1. Building and parking for Alamo Building--Legal
Description: Tract A-2-A-2 replat of Tract A-2-A in Block Numbered Two
(2) of Airport Industrial Park containing 0.9944 Acres. 2. Parking lot
on Baylor for 2445 Alamo building--Legal Description: Lot Numbered 11-B
in Block Numbered One (1) of Airport Industrial Park of the Plat of Lot
11-A and 11-B, Block 1. of Airport Industrial Park containing .4931
Acres.
Craddock A
2540 Alamo Avenue SE., Albuquerque, Bernalillo County, NM--Legal
Description: 87106 TR A-1-A replat of tract Z-4 & A-1 Airport
Industrial Park to TRS A-4-A, A-1-A, A-1-B & A-1-C of Airport
Industrial Park containing 1.8989 AC MIL, or 82,717 SF M/L, consisting
of approximately 34,860 square feet including the means of access
thereto and egress therefrom along ways controlled by lessor and
together with the use of outside perimeter and grounds appurtenant to
the building for purposes of parking
[[Page 70935]]
employees, visitors, and guests and in addition thereto, approximately
6,500 square feet of paved, stripped parking lot area (the parking lot)
adjacent to the above described property, hereinafter described
collectively as the leased premises.
Craddock B
2460 Alamo Avenue SE Albuquerque, Bernalillo County, NM--Legal
Description: TR Z-4-A replat of tract Z-4 & A-1 Airport Industrial Park
to TRS A-4-A, A-1-A, A-1-B & A-1-C of Airport Industrial Park
containing 1.5470 AC MIL OR 67,390 SF MIL consisting of approximately
5,828 square feet including the means of access thereto and egress
therefrom along ways controlled by lessor and together with the use of
outside perimeter and grounds appurtenant to the building for purposes
of parking employees, visitors, and guests and in addition thereto,
hereinafter described collectively as the leased premises to be used
for administrative offices, engineering, production, maintenance and
repair, and storage for such other lawful purposes as may be incidental
thereto.
Craddock C
2450 Alamo Avenue SE., Albuquerque, Bernalillo County, NM--Legal
Description: TR C-1 Airport Industrial Park consisting of approximately
23,732 square feet including the means of access thereto and egress
therefrom along ways controlled be lessor and together with the use of
outside perimeter and grounds appurtenant to the building for purposes
of parking employees, visitors, and guests and in addition thereto,
hereinafter described collectively as the leased premises to be used
for administrative offices, engineering, production, maintenance and
repair, and storage for such other lawful purposes as may be incidental
thereto.
This revised boundary is in addition to the property description
contained in the Federal Register notice published October 19, 1965 (30
FR 13290), revised on November 25, 1983 (48 FR 56822-56824), and again
revised on October 26, 2012 (77 FR 65376-65377). Addition of the
Kirtland Operations operating area property does not terminate the
prior Kansas City Plant section 229 listing.
Notices stating the pertinent prohibitions of 10 CFR 860.3 and
860.4 and the penalties of 10 CFR 860.5 are being posted at all
entrances of the above-referenced areas and at intervals along their
perimeters, as provided in 10 CFR 860.6.
Issued in Kansas City, MO., this 5th day of November 2013.
Laurel I. Hautala,
Director, Security & Information Technology Systems, NNSA Kansas City
Plant.
[FR Doc. 2013-28466 Filed 11-26-13; 8:45 am]
BILLING CODE 6450-01-P