Trespassing on DOE Property: Kansas City Plant Facilities, 70934-70935 [2013-28466]

Agencies

• DEPARTMENT OF ENERGY
• National Nuclear Security Administration

[Federal Register Volume 78, Number 229 (Wednesday, November 27, 2013)]
[Notices]
[Pages 70934-70935]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28466]


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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.

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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