[Federal Register Volume 59, Number 148 (Wednesday, August 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18917]


[[Page Unknown]]

[Federal Register: August 3, 1994]


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DEPARTMENT OF ENERGY
 

Carlsbad Area Office; Waste Isolation Pilot Plant; Trespassing on 
DOE Property

AGENCY: Energy Department.

ACTION: Notice.

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SUMMARY: The Department of Energy hereby designates an additional 
portion of the Waste Isolation Pilot Plant (WIPP) site near Carlsbad, 
New Mexico, an Off-Limits Area in accordance with 10 CFR Part 860, 
making it a federal crime under 42 U.S.C. 2278a for unauthorized 
persons to enter into or upon that part of the WIPP site. If 
unauthorized entry into or upon the designated portion of the site is 
into an area enclosed by a fence, wall, roof, or other standard 
barrier, conviction for such unauthorized entry may result in a fine of 
not more than $100,000 or imprisonment for not more than one year or 
both. If unauthorized entry into or upon the site is into an area not 
enclosed by a fence, wall, roof, or other standard barrier, conviction 
for such unauthorized entry may result in a fine of not more than 
$5,000.

FOR FURTHER INFORMATION CONTACT: George E. Dials, Manager, Carlsbad 
Area Office, P.O. Box 3090, Carlsbad, New Mexico 88221, Telephone (505) 
234-7300.

SUPPLEMENTARY INFORMATION: The Waste Isolation Pilot Plant Land 
Withdrawal Act, Public Law 102-579, transferred jurisdiction over the 
WIPP site from the Secretary of the Interior to the Secretary of Energy 
and reserved the WIPP site for the use of the Secretary of Energy for 
the authorized activities associated with the purposes of WIPP. At this 
time, pursuant to Section 229 of the Atomic Energy Act of 1954, as 
amended (47 U.S.C. 2278a), Section 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 July 9, 1975, (40 FR 28789, 28790), and 
Section 301 of the Department of Energy Organization Act (42 U.S.C. 
7151), the Department of Energy hereby gives notice that a portion of 
the WIPP site is designated an Off-Limits Area and prohibits the 
unauthorized entry and the unauthorized introduction of weapons or 
dangerous materials, as provided in 10 CFR 860.3 and 860.4 into or upon 
that part of the WIPP site in Eddy County, New Mexico.
    The portion of the WIPP site being designated in this notice as an 
Off-Limits Area includes those portions of the WIPP site previously 
designated as Off-Limits Areas (47 FR 38580, September 1, 1982; 48 FR 
28715, June 23, 1983). A description of the portion of the WIPP site 
being designated at this time is as follows: A tract of land in Eddy 
County, New Mexico, being part of Sections 20, 21, 28, and 29, Township 
22 South, Range 31 East, N.M.P.M., and being more particularly 
described as follows, to wit: Beginning at a point on the North line of 
said Section 20 which is S89 deg. 57' a distance of 1378.68' from the 
Northwest corner of said Section 20; Thence S89 deg. 57' E a distance 
of 3900.00' to the corner common to Sections 16, 17, 20, & 21, Thence 
N89 deg. 51'E a distance of 3160.99' to a point from which the corner 
common to Sections 15, 16, 21, & 22 bears N89 deg. 51'E a distance of 
2120.00 feet, Thence S00 deg. 01'16''E a distance of 5279.97' to a 
point on the line between Sections 21 & 28 from which the corner common 
to Sections 21, 22, 27, & 28 bears N89 deg. 56'E a distance of 2118.71' 
and the corner common to Sections 20, 21, 28, & 29 bears S89 deg. 56'W 
a distance of 3160.63', Thence continuing S00 deg. 01'16''E a distance 
of 3697.74' to a point from which the corner common to Sections 27, 28, 
33, & 34 bears South 1580.0' and East 2120.0', Thence N89 deg. 59'27''W 
a distance of 3159.63' to a point on the line between Sections 28 & 29 
from which the corner common to Sections 20, 21, 28, & 29 bears 
N00 deg. 02'35''W a distance of 3693.55' and the corner common to 
Sections 28, 29, 32, & 33 bears S00 deg. 02'35''E a distance of 
1580.51', Thence continuing N89 deg. 59'27''W a distance of 3897.93' to 
a point from which the corner common to Sections 29, 30, 31, & 32 bears 
S00 deg. 01'W 1580' and N89 deg. 59'W 1379.34', Thence N00 deg. 
02'27''W a distance of 3696.32' to a point on the line between Sections 
20 & 29 from which the corner common to Sections 20, 21, 28, & 29 bears 
S89 deg. 57'E a distance of 3898.21' and the corner common to Sections 
19, 20, 29, & 30 bears N89 deg. 57'W a distance of 1381.13', Thence 
continuing N00 deg. 02'27''W a distance of 5275.39' to the point of 
beginning, containing 1453.9 acres of land, more or less.
    Notices stating the pertinent prohibitions of 10 CFR 860.3 and 
860.4 and penalties of 10 CFR 860.5 will be posted at all entrances of 
said tract and at intervals along its perimeter as provided in 10 CFR 
860.6.

    Issued in Carlsbad, NM July 25, 1994.
George E. Dials,
Manager, Carlsbad Area Office.
[FR Doc. 94-18917 Filed 8-2-94; 8:45 am]
BILLING CODE 6450-01-P