[Federal Register Volume 74, Number 20 (Monday, February 2, 2009)]
[Notices]
[Pages 5826-5827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2172]


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

DEPARTMENT OF ENERGY


Trespassing on DOE Property: Idaho Operations Office Properties

AGENCY: Idaho Operations Office, Department of Energy.

ACTION: Notice of designation of Idaho Operations Office properties and 
facilities as off-limits areas.

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

SUMMARY: The Department of Energy (DOE) hereby amends and adds to the 
previously published site descriptions of various DOE and contractor 
occupied buildings as off-limits areas. The three buildings are located 
at 535, 625, and 655 University Boulevard, Idaho Falls, Idaho 83415. In 
accordance with 10 CFR part 860, it is a federal crime under 42 U.S.C. 
2278a for unauthorized persons to enter into or upon these Idaho 
Operations Office properties and facilities. 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, Pub. L. No. 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: Effective Date: February 2, 2009.

FOR FURTHER INFORMATION CONTACT: Jo Ann Williams, Office of General 
Counsel, 1000 Independence Avenue, SW., Washington, DC 20585, (202) 
586-6899, or Matt Smith, Office of Chief Counsel, Idaho Operations 
Office, 1955 Fremont Ave., MS 1209, Idaho Falls, ID 83415, (208) 526-
7109.

SUPPLEMENTARY INFORMATION: The Department of Energy (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 section 
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 notices dated November 1, 1983 (48 
FR 50390), January 23, 1987 (52 FR 2580), August 5, 1988 (53 FR 29512), 
and May 10, 2000 (65 FR 30094), DOE prohibited unauthorized entry into 
or upon the ``Idaho National Engineering Laboratory'' and ``Idaho 
National Engineering and Environmental Laboratory'' (now the Idaho 
National Laboratory, or INL), and various DOE and contractor occupied 
facilities, including the Willow Creek

[[Page 5827]]

Building, the Engineering Research Office Building, and various DOE 
vehicle and bus parking facilities located in Idaho Falls, Arco, on 
Highway 20, Bonneville County, Blackfoot, Mackay, Shelley, Rexburg, 
Rigby, and Pocatello, Idaho.
    Since the last published notice on May 10, 2000, DOE has leased 
three new facilities in Idaho Falls, Idaho. Accordingly, DOE 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 these Idaho Operations Office sites. The sites referred to above 
have previously been designated as off-limits areas, and this notice 
adds to those off-limits areas. Descriptions of the sites being 
designated at this time are as follows:

1. University Boulevard--1

    535 University Boulevard, Idaho Falls, Idaho 83415, more 
particularly described as Lot 4, Block 1 Education Research Center, 
Division <greek-i>1, an addition to the City of Idaho Falls being a 
part of the Northeast \1/4\ of Section 12, T.2N., R.37E., B.M. Idaho 
Falls, Bonneville County, Idaho.

2. University Boulevard--2

    655 University Boulevard, Idaho Falls, Idaho 83415, more 
particularly described as Lot 3, Block 1 Education Research Center, 
Division <greek-i>1, an addition to the City of Idaho Falls being a 
part of the Northeast \1/4\ of Section 12, T.2N., R.37E., B.M. Idaho 
Falls, Bonneville County, Idaho.

3. University Boulevard--3

    625 University Boulevard, Idaho Falls, Idaho 83415, more 
particularly described as Lot 1, Block 1 Education Research Center, 
Division <greek-i>1, an addition to the City of Idaho Falls being a 
part of the Northeast \1/4\ of Section 12, T.2N., R.37E., B.M. Idaho 
Falls, Bonneville County, Idaho.
    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.

Glenn S. Podonsky,
Chief Health, Safety and Security Officer, Office of Health, Safety and 
Security.
[FR Doc. E9-2172 Filed 1-30-09; 8:45 am]
BILLING CODE 6450-01-P