[Federal Register Volume 70, Number 172 (Wednesday, September 7, 2005)]
[Notices]
[Pages 53247-53249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17643]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-025-1232-NX-NV06; Special Recreation Permit NV-025-04-02]


Notice to the Public of Temporary Public Lands Closures and 
Prohibition of Certain Activities on Public Lands Administered by the 
Bureau of Land Management, Winnemucca Field Office, Nevada

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of temporary closure.

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SUMMARY: Notice is hereby given that certain lands located in 
northwestern Nevada partly within the Black Rock Desert-High Rock 
Canyon Emigrant Trails National Conservation Area will be temporarily 
closed or restricted and certain activities will be temporarily 
prohibited in and around the Burning Man event site administered by the 
BLM Winnemucca Field Office in Pershing and Washoe Counties, Nevada.
    The specified closures, restrictions and prohibitions are made in 
the interest of public safety at and around the public lands location 
of an event known as the Burning Man Festival. This event is authorized 
on public lands under a special recreation permit and is expected to 
attract approximately 35,000 participants this year.
    These lands will be closed or restricted as follows:
     August 15, 2005 through September 19, 2005 inclusive: 
Discharge of firearms, possession of weapons, waste water disposal, and 
closed or restricted to camping.
     August 26, 2005 through September 5, 2005 inclusive: 
Aircraft landing, possession of fireworks, possession of alcohol by 
minors, and closed to all public uses.
     August 29, 2005 through September 5, 2005 inclusive: 
Closed or restricted to vehicle use.
    Public camping and vehicle use that creates dust plumes higher than 
the top of the vehicle are prohibited from August 29, 2005 through 
September 5, 2005 inclusive in the following legally described 
locations outside the permit area (defined by a temporary event 
perimeter fence):

Mount Diablo Meridian

Unsurveyed T. 33 N., R. 24 E.,
    Sec. 1, W\1/2\;
    Secs. 2, 3 and 4;
    Secs. 9, 10 and 11;
    Sec. 12, W\1/2\;
    Sec. 13, NW\1/4\;
    Sec. 14, N\1/2\;
    Sec. 15, N\1/2\;
    Sec. 16, N\1/2\.
Unsurveyed T. 33\1/2\ N., R. 24 E.,
    Secs. 33, 34 and 35;
    Sec. 36, W\1/2\.

    Burning Man event ticket holders who are camped in designated areas 
provided by Black Rock City LLC (limited liability company) and ticket 
holders who are camped in the authorized ``pilot camp'' and BLM-
authorized event management-related camps are exempt from the camping 
closure.
    Public camping is prohibited from August 15, 2005 through August 
28, 2005 inclusive and from September 6, 2005 through September 19, 
2005 inclusive in the following legally described locations inside the 
permit area (defined by a temporary event perimeter fence), within 50 
yards outside the perimeter fence boundary, and within the airport/
airstrip area located contiguous with and south of the perimeter fence 
boundary:

Mount Diablo Meridian

Unsurveyed T. 33 N., R. 24 E.,
    Secs. 2, 3 and 4;
    Secs. 9, 10 and 11.
Unsurveyed T. 33\1/2\ N., R. 24 E.,
    Secs. 33, 34 and 35.

    These areas described above are closed two weeks preceding and 
following the Burning Man event. Black Rock City LLC authorized staff, 
contractors, volunteers, and participants constructing or taking down 
art exhibits and theme camps are exempt from the camping closure.
    Operation of motorized vehicles is prohibited from August 29, 2005 
through September 5, 2005 inclusive in the following legally described 
locations inside the permit area (defined by a temporary event 
perimeter fence) and within 50 yards outside the perimeter fence 
boundary:

Mount Diablo Meridian

Unsurveyed T. 33 N., R. 24 E.,
    Secs. 2, 3, 4, 9, 10, and 11;
Unsurveyed T. 33\1/2\ N., R. 24 E.,
    Secs. 33, 34 and 35.

    The following exceptions apply: The main playa road that provides 
access between the 3-Mile and Trego playa entrances; participant 
arrival and departure on designated routes; mutant vehicles registered 
with Burning Man; Black Rock City LLC staff and support; BLM, medical, 
law enforcement, and firefighting vehicles; and motorized skateboards 
or ``Go Peds'' with or without handlebars. Mutant vehicles must be 
registered with Burning Man/Black Rock City LLC and drivers must 
provide evidence of registration at all times.
    For event safety near the entrance road and airstrip, the following 
legally described locations outside the permit area (defined by a 
temporary event perimeter fence) are closed to all public use from 
August 29, 2005 through September 5, 2005 inclusive:

Mount Diablo Meridian

Unsurveyed T. 33 N., R. 24 E.,
    Sec. 4, NE\1/4\, S\1/2\;
    Sec. 5, SE\1/4\;
    Sec. 8, NE\1/4\, S\1/2\;
    Sec. 9;
    Sec. 10;
    Sec. 15, N\1/2\;
    Sec. 16, N\1/2\.
Unsurveyed T. 33\1/2\ N., R. 24 E.,
    Sec. 33, SE\1/4\;
    Sec. 34, SW\1/4\.

    The following exceptions apply: The main playa road that provides 
access between the 3-Mile and Trego playa entrances; participant 
arrival and departure on designated routes; aircraft operations 
conducted through the authorized event landing strip and such 
ultralight and helicopter take-off and landing areas for Burning Man 
staff and participants, law enforcement, and emergency medical services 
as may be included in the annual operation plan submitted by Black Rock 
City, LLC and approved by the authorized officer; and uses performed by 
BLM personnel as designated by the authorized BLM officer.
    The use, sale or possession of personal fireworks within the 
Burning

[[Page 53248]]

Man event perimeter fence is prohibited in the following legally 
described locations from August 29, 2005 through September 5, 2005 
inclusive.

Mount Diablo Meridian

Unsurveyed T. 33 N., R. 24 E.,
    Secs. 2, 3, 4, 9, 10, and 11.
Unsurveyed T. 33\1/2\ N., R. 24 E.,
    Secs. 33, 34 and 35.

    The following exceptions apply: Uses of fireworks approved by Black 
Rock City LLC and used as part of an official Burning Man art burn 
event.
    Possession of weapons is prohibited in the following legally 
described locations inside the temporary event perimeter fence from 
August 15, 2005 through September 19, 2005 inclusive:

Mount Diablo Meridian

Unsurveyed T. 33 N., R. 24 E.,
    Secs. 2, 3, 4, 9, 10, and 11.
Unsurveyed T. 33\1/2\ N., R. 24 E.,
    Secs. 33, 34 and 35.

    The following exceptions apply: County, state, and federal 
certified law enforcement personnel under the color of law.

    Note: ``Weapon'' means a firearm, compressed gas or spring 
powered pistol or rifle, bow and arrow, cross bow, blowgun, 
speargun, hand thrown spear, sling shot, irritant gas device, 
explosive device or any other implement designed to discharge 
missiles, and includes any weapon the possession of which is 
prohibited by state law.

    Discharge of firearms is prohibited in the following legally 
described locations from August 15, 2005, through September 19, 2005:

Mount Diablo Meridian

Unsurveyed T. 33 N., R. 24 E.,
    Secs. 1, 2, 3, 4, and 5;
    Sec. 6, E\1/2\;
    Secs. 8, 9, 10, 11, and 12;
    Sec. 13, N\1/2\, SW\1/4\;
    Sec. 14, 15, and 16;
    Sec. 17, E\1/2\, NW\1/4\;
    Sec. 21, NE\1/4\;
    Sec. 22, N\1/2\;
    Sec. 23, NW\1/4\.
Unsurveyed T. 33 N., R. 25 E.,
    Sec. 4;
    Sec. 9, W\1/2\, NW\1/4\NE\1/4\.
Unsurveyed T. 33\1/2\ N., R. 24 E.,
    Secs. 25, 26, 27, 28, 29, 32, 33, 34, 35, and 36;
Unsurveyed T. 34 N., R. 24 E.,
    Sec. 33, NE\1/4\, S\1/2\;
    Secs. 34 and 35;
    Sec. 36, S\1/2\.
Unsurveyed T. 34 N., R. 25 E.,
    Sec. 33.
    The following exceptions apply: Law enforcement officers under 
color of law.
    Aircraft are prohibited from landing, taking off, or taxiing in the 
following legally described locations from August 26, 2005 through 
September 5, 2005 inclusive:

Mount Diablo Meridian

Unsurveyed T. 33 N., R. 24 E.,
    Secs. 1, 2, 3, 4, and 5;
    Sec. 6, E\1/2\;
    Secs. 8, 9, 10, 11, and 12;
    Sec. 13, N\1/2\, SW\1/4\;
    Sec. 14, 15, and 16;
    Sec. 17, E\1/2\, NW\1/4\;
    Sec. 21, NE\1/4\;
    Sec. 22, N\1/2\;
    Sec. 23, NW\1/4\.
Unsurveyed T. 33 N., R. 25 E.,
    Sec. 4;
    Sec. 9, W\1/2\, NW\1/4\NE\1/4\.
Unsurveyed T. 33\1/2\ N., R. 24 E.,
    Secs. 25, 26, 27, 28, 29, 32, 33, 34, 35, and 36;
Unsurveyed T. 34 N., R. 24 E.,
    Sec. 33, NE\1/4\, S\1/2\;
    Secs. 34 and 35;
    Sec. 36, S\1/2\.
Unsurveyed T. 34 N., R. 25 E.,
    Sec. 33.

    The following exceptions apply: Aircraft operations conducted 
through the authorized event landing strip and such ultralight and 
helicopter take-off and landing areas for Burning Man staff and 
participants, law enforcement, and emergency medical services as may be 
included in the annual operation plan submitted by Black Rock City, LLC 
and approved by the authorized officer; and Emergency aircraft such as 
Care Flight, Sheriff's Office, or Medical Ambulance Transport System 
helicopters engaged in official business may land in other locations 
when circumstances require it.

    Note: The authorized event airstrip is the only location where 
Burning Man staff and participant aircraft may land or take off.

    Possession of alcohol by minors is prohibited in the following 
legally described locations within and surrounding the event perimeter 
fence from August 29, 2005 through September 5, 2005 inclusive:

Mount Diablo Meridian

Unsurveyed T. 33 N., R. 24 E.,
    Secs. 1, 2, 3, 4, and 5;
    Sec. 6, E\1/2\;
    Secs. 8, 9, 10, 11, and 12;
    Sec. 13, N\1/2\, SW\1/4\;
    Sec. 14, 15 and 16;
    Sec. 17, E\1/2\, NW\1/4\;
    Sec. 21, NE\1/4\;
    Sec. 22, N\1/2\;
    Sec. 23, NW\1/4\.
Unsurveyed T. 33 N., R. 25 E.,
    Sec. 4;
    Sec. 9, W\1/2\, NW\1/4\NE\1/4\.
Unsurveyed T. 33\1/2\ N., R. 24 E.,
    Sec. 25, 26, 27, 28, 29, 32, 33, 34, 35, and 36;
Unsurveyed T. 34 N., R. 24 E.,
    Sec. 33, NE\1/4\, S\1/2\;
    Secs. 34 and 35;
    Sec. 36, S\1/2\.
Unsurveyed T. 34 N., R. 25 E.,
    Sec. 33.
    a. The following are prohibited:
    i. Consumption or possession of any alcoholic beverage by a person 
under 21 years of age on public lands.
    ii. Selling, offering to sell, or otherwise furnishing or supplying 
any alcoholic beverage to a person under 21 years of age on public 
lands.
    b. This section does not apply to the selling, handling, serving or 
transporting of alcoholic beverages by a person in the course of his 
lawful employment by a licensed manufacturer, wholesaler or retailer of 
alcoholic beverages.
    Dumping wastewater (grey or black) is prohibited on public lands 
from August 15, 2005 through September 19, 2005 inclusive. This 
includes but is not limited to dumping wastewater on public lands 
directly from a vehicle, trailer, wash basin, shower stall, bath tub, 
barrel, pool, or large water containment receptacle. ``Wastewater'' is 
defined as any liquid that is contaminated with soap, food waste, human 
waste, gas or oils, or other chemical that could cause harm to the 
human or natural environment. Event participants must transport 
wastewater off-site to an approved disposal site.
    Black Rock City LLC/Burning Man will abide by fire restriction 
orders, except for the following when officially approved by BLM upon 
the request of Black Rock City LLC: Official art burns, authorized 
event fireworks, and other authorized fires using Black Rock City LLC/
Burning Man-supplied fire barrels or approved platforms. Fire 
Restriction Orders may be in effect pursuant to 43 CFR 9212.2 for all 
lands managed by the BLM Winnemucca Field Office.

DATES: August 15, 2005, to September 19, 2005.

FOR FURTHER INFORMATION CONTACT: Dave Cooper, National Conservation 
Area Manager, Bureau of Land Management, Winnemucca Field Office, 5100 
E. Winnemucca Blvd., Winnemucca, NV 89445-2921, telephone: (775) 623-
1500.

    Authority: 43 CFR 8364.1.

    Penalty: Any person failing to comply with the closure orders may 
be subject to imprisonment for not more than 12 months, or a fine in 
accordance with the

[[Page 53249]]

applicable provisions of 18 U.S.C. 3571, or both.

Rodger T. Bryan,
Acting Field Manager.
[FR Doc. 05-17643 Filed 9-6-05; 8:45 am]
BILLING CODE 4310-HC-P