The regulations in this part are issued for the protection and security of facilities, installations and real property subject to the jurisdiction or administration, or in the custody of, the Department of Energy.
The regulations in this part apply to all facilities, installations and real property subject to the jurisdiction or administration of the Department of Energy or in its custody which have been posted with a notice of the prohibitions and penalties set forth in this part.
Unauthorized entry upon any facility, installation or real property subject to this part is prohibited.
Unauthorized carrying, transporting, or otherwise introducing or causing to be introduced any dangerous weapon, explosive, or other dangerous instrument or material likely to produce substantial injury or damage to persons or property, into or upon any facility, installation or real property subject to this part, is prohibited.
(a) Whoever willfully violates either § 860.3 or § 860.4 shall, upon conviction, be guilty of an infraction punishable by a fine of not more than $5,000.
(b) Whoever willfully violates either § 860.3 or § 860.4 with respect to any facility, installation or real property enclosed by a fence, wall, floor, roof, or other structural barrier shall upon conviction, be guilty of a Class A misdemeanor punishable by a fine not to exceed $100,000 or imprisonment for not more than one year, or both.
Notices stating the pertinent prohibitions of §§ 860.3 and 860.4 and penalties of § 860.5 will be conspicuously posted at all entrances of each designated facility, installation or parcel of real property and at such intervals along the perimeter as will provide reasonable assurance of notice to persons about to enter.
The prohibitions in §§ 860.3 and 860.4 shall take effect as to any facility, installation or real property on publication in the Federal Register of the notice designating the facility, installation or real property and posting in accordance with § 860.6.
Nothing in this part shall be construed to affect the applicability of the provisions of State or other Federal laws.
authority: Sec. 161, 68 Stat. 948, sec. 229, 70 Stat. 1070; (
42 U.S.C. 2201; 2278a); sec. 104, 88 Stat. 1237, sec. 105, 88 Stat. 1238 (
42 U.S.C. 5814,
5815; sec. 5, Pub. L. 100-185, 101 Stat. 1279 (
18 U.S.C. 3559); sec. 6, Pub. L. 100-185, 101 Stat. 1280 (
18 U.S.C. 3571); sec. 7041, Pub. L. 100-690, 102 Stat. 4899 (
18 U.S.C. 3559)
source: 58 FR 47985, Sept. 14, 1993, unless otherwise noted.
cite as: 10 CFR 860.8