[Federal Register Volume 72, Number 154 (Friday, August 10, 2007)]
[Notices]
[Pages 45060-45062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15616]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-025-5105-NX-SF13; Special Recreation Permit NV-025-06-01]


Notice to the Public of Temporary Public Lands Closures and 
Prohibitions of Certain Activities on Public Lands Administered by the 
Bureau of Land Management (BLM), Winnemucca Field Office, NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of temporary closure.

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SUMMARY: 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 site of the 
Burning Man event administered by the BLM Winnemucca Field Office in 
Pershing County, Nevada. These lands are referred to in this notice as 
the ``Event Area'' and the ``Public Closure Area,'' respectively. The 
specified closures, restrictions and prohibitions are made in the 
interest of public safety, to protect public resources, and to enable 
BLM law enforcement personnel to support State and local law 
enforcement agencies with enforcement of the law. The Burning Man event 
is authorized on public lands under a special recreation permit and is 
expected to attract approximately 40,000 participants this year.

DATES: From August 10, 2007 through September 17, 2007, inclusive, 
closures and restrictions affecting the following uses in the Public 
Closure and Event Area will occur: Public uses, public camping, 
aircraft landing, possession of alcohol by minors or open containers in 
vehicles, possession of firearms, discharge of weapons, procedures and 
circumstances for eviction of persons from public lands, waste water 
discharge, motor vehicle use, possession or use of fireworks, and 
ignition of fires. The timing and location of the uses prohibited and/
or regulated are more fully set forth herein.

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.

SUPPLEMENTARY INFORMATION: These closures are authorized under the 
provisions of the Federal Land Policy and Management Act of 1976, 43 
U.S.C. 1701 et seq. In accordance with the applicable provisions of 43 
U.S.C. 1733 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 applicable provisions of 18 U.S.C. 3571, or both.
    1. The public closure area is located within the following legally 
described locations:

Mount Diablo Meridian

Unsurveyed T. 33 N., R. 24 E.,
    Secs. 1 and 2, portion west of the east playa road;
    Sec. 3;
    Sec. 4, portion east of Washoe Co. Rd. 34;
    Sec. 5, E\1/2\, portion east of Washoe Co. Rd. 34;
    Sec. 10, N\1/2\;
    Sec. 11; E\1/2\, portion west of the east playa road.
Unsurveyed T. 33\1/2\ N., R. 24 E.,
    Secs. 25 and 26;

[[Page 45061]]

    Sec. 28, portion east of the west playa road;
    Sec. 33, portion east of Washoe Co. Rd. 34 and east of the west 
playa road;
    Secs. 34, 35 and 36.
Unsurveyed T. 34 N., R. 24 E.,
    Sec. 34, S\1/2\, portion east of the west playa road;
    Sec. 35, portion east of the west playa road;
    Sec. 36;
T. 33 N., R. 25 E.,
    Sec. 4, Lots 3, 4 and 5; portions west of the east playa road.
    Unsurveyed T. 34 N., R. 25 E.,
    Sec. 33, SW\1/4\.

    1.1. Between August 10, 2007 and September 17, 2007 inclusive:

1.1.1. Public Use

    Public use is prohibited except as provided within the event area 
as described below.

1.1.2. Public Camping

    Public camping is prohibited except as provided within the event 
area as described below.

1.1.3. Aircraft Landing

    Aircraft as defined in Title 18, U.S.C., section 31 (a)(1) and 
includes lighter-than-air craft, ultra-light craft, and remotely 
controlled powered craft are prohibited from landing, taking off, or 
taxiing. The following exceptions apply:
     Aircraft operations conducted through the authorized event 
landing strip and such ultra-light and helicopter take-off and landing 
areas designated for Burning Man event staff and participants, law 
enforcement, and emergency medical services.
     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.
     Landings or take-offs of lighter-than-air craft previously 
approved by the BLM authorized officer.

1.1.4. Possession of Alcohol

     Possession of an open container of an alcoholic beverage 
by the driver or operator of any motorized vehicle, whether or not the 
vehicle is in motion is prohibited.
     Definitions:
    [cir] Open container--any bottle can or other container which 
contains an alcoholic beverage, if that container does not have a 
closed top or lid for which the seal has not been broken. If the 
container has been opened one or more times, and the lid or top has 
been replaced, that container is an open container.
    [cir] Possession of an open container--includes any open container 
which is physically possessed by the driver or operator, or which is 
adjacent to and reachable by that driver or operator. This includes 
containers in a cup holder or rack adjacent to the driver or operator, 
containers on a vehicle floor next to the driver or operator, and 
containers on a seat or console area next to a driver or operator.
     Possession of alcohol by minors is prohibited.
    [cir] The following are prohibited:
    [squf] Consumption or possession of any alcoholic beverage by a 
person under 21 years of age on public lands.
    [squf] Selling, offering to sell, or otherwise furnishing or 
supplying any alcoholic beverage to a person under 21 years of age on 
public lands.
    [cir] 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.

1.1.5. Weapons

    Discharge and possession of firearms is prohibited. Law enforcement 
officers acting in their official capacity are exempted from the 
prohibition.

1.1.6. Eviction of Persons From Public Closure Area

    The permitted event area and all other parts of the public closure 
area are closed to any person who:
    a. Has been evicted from the event by the permit holder, Black Rock 
City LLC, whether or not such eviction was requested by BLM.
    b. Has been ordered by a BLM law enforcement officer to leave the 
area of the permitted event.

Any person evicted from the event forfeits any privileges to be present 
within the perimeter fence or anywhere else within the public closure 
area even if they possess a ticket to attend the event.
    Permit holder BRC LLC and BLM law enforcement officers may evict 
event ticket holders for ``just cause'' and the event ticket holder 
must immediately depart from the event public closure area and not 
return to the event public closure area during the closure period.
    Just cause includes, but is not limited to:
    a. Repeated violations of any permit stipulations, closure orders 
or regulations in Title 43 CFR;
    b. Commission of an assault, fight, threatening, menacing, or 
similar conduct that is likely to inflict injury or incite an immediate 
breach of the peace;
    c. Possession of prohibited weapons;
    d. Persons returning to the event after they have been arrested by 
an event law enforcement officer, transported to a jail facility and 
released from custody on bail. (Note: persons returning after being 
arrested and released will be allowed to re-enter event only to obtain 
personal property under the escort of law enforcement officers and/or 
BRC LLC staff.)
    e. Persons cited and released for a criminal offense by BLM and/or 
the Pershing County Sheriff's Office (PCSO) whose identity information 
received from the subject cannot be verified through personal 
possession of ID/documents, identity data base checks or telephonic 
verification from a credible person not at the event.

1.1.7. Waste Water Discharge

    Dumping wastewater (grey or black) is prohibited.
    1.2. Between August 24, 2007 and September 3, 2007 inclusive:

1.2.1. Public Camping

    Public camping is prohibited. Burning Man event ticket holders and 
BLM authorized event management-related camps within the event area as 
described below are exempt from the camping closure.

1.2.2. Motorized Vehicles

    Motor vehicle use is prohibited. The following exceptions apply: 
participant arrival and departure on designated routes; vehicles 
registered with Burning Man; Black Rock City LLC staff and support; 
BLM, medical, law enforcement, and firefighting vehicles; and motorized 
skateboards and scooters with or without handlebars.
    Vehicles must be registered with Black Rock City LLC and drivers 
must display evidence of registration at all times. Such registration 
must be displayed so that it is visible to the rear of the vehicle 
while it is in motion.
    Vehicle use that creates a dust plume higher than the top of the 
vehicle is prohibited.

1.2.3. Fireworks

    The use, sale or possession of personal fireworks within the public 
closure area is prohibited.
    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.

1.2.4. Fires

    The ignition of fires on the surface of the Black Rock Playa 
without a burn blanket or burn pan is prohibited. The following 
exceptions apply: Registered Burning Man art burn events, licensed 
mutant vehicles, and portable barbeques, grills or elevated torches or 
lanterns.

[[Page 45062]]

    2. The Event Area is located within the following legally described 
locations:

Mount Diablo Meridian

Unsurveyed T. 33 N., R. 24 E.,
    Secs. 1 and 2; the area within the event perimeter fence, within 
50 yards outside the fence, and the aircraft parking area;
    Sec. 3, the area within the event perimeter fence, within 50 
yards outside the fence, and within 50 yards of the event entrance 
road;
Unsurveyed T. 33\1/2\ N., R. 24 E.,
    Secs. 25, 26 and 27, areas within the event perimeter fence and 
within 50 yards outside the fence;
    Sec. 34, areas within the event perimeter fence and within 50 
yards outside the fence;
    Sec. 35;
    Sec. 36, areas within the event perimeter fence and within 50 
yards outside the fence.
Unsurveyed T. 34 N., R. 24 E.,
    Secs. 34, 35 and 36, areas within the event perimeter fence and 
within 50 yards outside the fence.

    2.1. Between August 10, 2007 and August 25 and between September 4 
and September 17, 2007 inclusive:

2.1.1. Camping

    Public camping is prohibited. Black Rock City LLC authorized staff, 
contractors, and others authorized to assist with construction or 
clean-up of art exhibits and theme camps are exempt from the camping 
closure.
    2.2. Between August 24, 2007 and September 3, 2007 inclusive:

2.2.1. Public Use

    No person shall be present within the event area unless that 
person: possesses a valid ticket to attend the event; is an employee or 
authorized volunteer with the BLM, a law enforcement agency, emergency 
medical service provider, fire protection provider, or another public 
agency working at the event and the employee is assigned to the event; 
or is a person working at or attending the event on behalf of the event 
organizers, BRC LLC.

2.2.2. Weapons

    Possession of weapons is prohibited, subject to the following 
exceptions: County, state, tribal and federal law enforcement 
personnel, or any person authorized by federal law to possess a weapon.
    ``Weapon'' means a firearm, compressed gas or spring powered pistol 
or rifle, bow and arrow, cross bow, blowgun, spear gun, hand throwable 
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.

2.2.3. Public Camping

    Public camping is prohibited. Burning Man event ticket holders who 
are camped in designated areas provided by Black Rock City LLC and 
ticket holders who are camped in the authorized ``pilot camp'' and BLM 
authorized event management-related camps are exempt from the camping 
closure. Black Rock City LLC authorized staff, contractors, and other 
authorized participants are exempt from the camping closure.

    Dated: July 23, 2007.
Gail G. Givens,
Field Manager.
 [FR Doc. E7-15616 Filed 8-9-07; 8:45 am]
BILLING CODE 4310-HC-P