[Federal Register Volume 79, Number 205 (Thursday, October 23, 2014)]
[Notices]
[Pages 63388-63389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25233]


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DEPARTMENT OF ENERGY


Trespassing on DOE Property: Portsmouth Area Site, Ohio

AGENCY: Portsmouth/Paducah Project Office, Office of Environmental 
Management, U.S. Department of Energy (DOE).

ACTION: Notice.

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SUMMARY: DOE hereby amends and deletes specific facilities from 
previously published site descriptions of various DOE and contractor 
occupied facilities as off-limit areas. The facilities to be deleted 
are described in this notice. In accordance with 10 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 Portsmouth Area Site, Ohio of the United 
States Department of Energy, Office of Environmental Management, 
Portsmouth/Paducah Project Office operating area. If unauthorized entry 
into or upon the remaining off-limits areas 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.\1\
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    \1\ By operation of law, the Criminal Fine Improvements Act of 
1987, Pub. L. 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.

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DATES: This action is effective October 23, 2014.

FOR FURTHER INFORMATION CONTACT: Robert Edwards, III, Portsmouth/
Paducah Project Office Deputy Manager, 1017 Majestic Drive, Suite 200, 
Lexington, KY 40513, Telephone: (859) 219-4000, Facsimile: (859) 219-
4099.
    Bert Gawthorp, Portsmouth/Paducah Project Office Lead Counsel, 1017 
Majestic Drive, Suite 200, Lexington, KY 40513, Telephone: (859) 219-
4000, Facsimile: (859) 219-4099.

SUPPLEMENTARY INFORMATION: The DOE, successor agency to the Atomic 
Energy Commission (AEC), is authorized, pursuant to section 229 of the 
Atomic Energy Act of 1954, as amended (42 U.S.C. 2278a), and section 
104 of the Energy Reorganization Act of 1974 (42 U.S.C. 5814), as 
implemented by a final

[[Page 63389]]

rule amending 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 notice, published in the Federal Register, July 22, 1985 (50 FR 
29733-29736), DOE prohibited unauthorized entry into or upon the 
Portsmouth Area Site, Ohio. This present notice amends the July 22, 
1985 notice by deleting the following three facilities from that 
notice:
    (1) The Portsmouth Area Water Treatment Plant (X-611) located in 
the township of Scioto, Pike County, Ohio, east of State Route 23. The 
location of the Portsmouth Area Water Treatment Plant (X-611) is more 
specifically identified in the above referenced notice (50 FR 29735).
    (2) The Portsmouth Area Water Pumphouse (X-608) located in the 
township of Seal, Pike County, Ohio, approximately 0.18 mile west of 
the Village of Piketon, Ohio. The location of the Portsmouth Area Water 
Pumphouse (X-608) is more specifically identified in the above 
referenced notice (50 FR 29736).
    (3) The Portsmouth Area Booster Pumphouse (X-605) located in the 
township of Scioto, Pike County, Ohio, east of State Route 23 
approximately 4 miles southeast of the Village of Piketon, Ohio. The 
location of the Portsmouth Area Booster Pumphouse (X-605) is more 
specifically identified in the above referenced notice (50 FR 29736).
    Accordingly, with these three deletions from the notice of July 22, 
1985, DOE amends the site description that 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 DOE 
Portsmouth Area Site, Ohio.
    This revised boundary replaces the property description contained 
in the Federal Register notice published July 22, 1985. Deletion of the 
three property areas cited above does not terminate the prior 
Portsmouth Area Site, Ohio 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 posted at all entrances of the Portsmouth Area Site, 
Ohio and at intervals along their perimeters, as provided in 10 CFR 
860.6.

    Issued in Lexington, Kentucky, this 29th day of August 2014.
William E. Murphie,
Manager, Portsmouth/Paducah Project Office.
[FR Doc. 2014-25233 Filed 10-22-14; 8:45 am]
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