[Federal Register Volume 75, Number 167 (Monday, August 30, 2010)]
[Notices]
[Pages 52972-52975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21553]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVW03000/L51050000.EA0000/LVRCF1000700241A.MO4500013866;10-
08807; TAS:14X5017]


Notice of Temporary Closures and Restrictions on Specific Uses of 
Public Lands in Pershing County, NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of temporary closures and restrictions.

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SUMMARY: Notice is hereby given that under the authority of the Federal 
Land Policy and Management Act of 1976 (FLPMA), as amended, the Bureau 
of Land Management (BLM) Winnemucca District, Black Rock Field Office 
will implement and enforce the following temporary closures and 
restrictions to protect public safety and resources on public lands 
within and adjacent to the Burning Man Festival on the Black Rock 
Desert playa.

DATES: The temporary restrictions will be in effect until September 17, 
2010.

FOR FURTHER INFORMATION CONTACT: Gene Seidlitz, District Manager, 
Bureau of Land Management, Winnemucca District, 5100 E. Winnemucca 
Boulevard, Winnemucca, NV 89445-2921, telephone: (775) 623-1500, e-
mail: [email protected]. Persons who use a telecommunications 
device for the deaf (TDD) may call the Federal Information Relay 
Service (FIRS) at 1-800-877-8339 to contact the above individual during 
normal business hours. The FIRS is available 24 hours a day, 7 days a 
week, to leave a message or question with the above individual. You 
will receive a reply during normal hours.

SUPPLEMENTARY INFORMATION: These temporary restrictions affect public 
lands on and adjacent to the Burning Man Event conducted on the Black 
Rock Desert playa within the Black Rock Desert-High Rock Canyon 
Emigrant Trails National Conservation Area in portions of Humboldt, 
Pershing and Washoe counties, Nevada. The legal description of the 
affected public lands is:

I. 2010 Event Area:

Mount Diablo Meridian, Nevada

Unsurveyed T. 33 N., R. 24 E.,
    Secs. 4, and 5, portions within 50 yards of the Event Entrance 
Road;
Unsurveyed T. 33\1/2\ N., R. 24 E.,
    Sec. 25;
    Sec. 26 and 27, portions within event perimeter fence and 50 
yards outside the fence;
    Sec. 33 and 34, portions within 50 yards of the Event Entrance 
Road;
    Sec. 35, portions within event perimeter fence, 50 yards outside 
the fence and within 50 yards of the Event Entrance Road;
    Sec. 36, portions within event perimeter fence, 50 yards outside 
the fence and the Airport tie-down area.
Unsurveyed T. 34 N., R. 24 E.,
    Secs. 25, 26, 34, and 35, portions within event perimeter fence 
and 50 yards outside the fence.
    Sec. 36.
Unsurveyed T. 34 N., R. 25 E.,
    Secs. 21, 28, and 33, portions within event perimeter fence and 
50 yards outside the fence.

    The event area comprises 3,347 acres, more or less.

II. Public Closure Area:

Mount Diablo Meridian, Nevada

Unsurveyed T. 33 N., R. 24 E.,
    Sec. 1, N\1/2\, portion west of the east playa road;
    Sec. 2, N\1/2\;
    Sec. 3, N\1/2\, SW\1/4\;
    Sec. 4, portion east of Washoe Co. Rd. 34 and outside the Event 
Area;
    Sec. 5, E\1/2\, portion east of Washoe Co. Rd. 34 and outside 
the Event Area;
    Sec. 8, NE\1/4\;
    Sec. 9, N\1/2\;
    Sec. 10, NW\1/4\.
Unsurveyed T. 33\1/2\ N., R. 24 E.,
    Secs. 26 and 27, portions outside the Event Area;
    Sec. 28, portion east of Washoe Co. Rd. 34;
    Sec. 33, portions east of Washoe Co. Rd. 34 and outside the 
Event Area;
    Secs. 34, 35 and 36, portions outside the Event Area.
Unsurveyed T. 34 N., R. 24 E.,
    Sec. 23, S\1/2\;
    Sec. 24, S\1/2\;
    Sec. 25 & 26; portions outside the Event Area;
    Sec. 27, SE\1/4\, E\1/2\; NE\1/2\, E\1/2\ SW\1/4\;
    Sec. 33, SE\1/4\, S\1/2\; NE\1/4\, NE\1/4\ NE\1/4\;
    Secs. 34 and 35, portions outside the Event Area;
T. 33 N., R. 25 E.,
    Sec. 4, Lots 2, 3, 4 and 5, portions west of the east playa 
road.
Unsurveyed T. 34 N., R. 25 E.,
    Sec. 16, S\1/2\;
    Sec. 21, portion outside the Event Area;
    Sec. 22, SW\1/4\, W\1/2\; NW\1/4\;
    Sec. 27, W\1/2\;
    Sec. 33, portion west of the east playa road and outside the 
Event Area;
    Sec. 34; W\1/2\, portion west of the east playa road.

    The public closure area comprises 9,445 acres, more or less.
    The closure and temporary restrictions are necessary to provide a 
safe environment for the participants of the Burning Man Festival and 
to members of the public visiting the Black Rock Desert and to protect 
public land resources by addressing law enforcement and public safety 
concerns associated with the Burning Man Festival. The Burning Man 
Festival is held on public lands administered by the Bureau of Land 
Management. It is expected to attract approximately 48,000 participants 
to a remote rural area, far from urban infrastructure and support, 
including law enforcement, public safety, transportation, and 
communication services. During the festival the associated city becomes 
the tenth largest metropolitan area in Nevada. This event is authorized 
on public lands under Special Recreation Permit NV-025-06-01.
    The vast majority of Burning Man Festival participants do not cause 
any problems for the event organizers or the BLM. Actions by a few 
participants at previous events have resulted in law enforcement and 
public safety incidents similar to those observed in urban areas of 
similar size. Incidents that have required BLM law enforcement action 
in prior years include the following: Aircraft crashes; motor vehicle 
accidents with injuries within and outside the event (a temporary fence 
is installed around the event perimeter); fighting; sexual assaults; 
assaults on law enforcement officers; reckless or threatening behavior; 
crimes against property; crowd control issues; issues associated with 
possession and use of alcoholic beverages; persons acting in a manner 
where they may pose a danger to themselves or to others; possession, 
use, and distribution of controlled substances; and increased use of 
public lands outside the event perimeter.
    The Burning Man Festival takes place within Pershing County, a 
rural county with a small population and a small Sheriff's Department. 
The county has

[[Page 52973]]

limited ability to provide additional law enforcement officers to work 
at the Festival. The temporary closure and the temporary restrictions 
are necessary to enable BLM law enforcement personnel to provide for 
public safety and protect the environment on public lands, as well as 
support state and local law enforcement agencies with enforcement of 
existing laws.
    A temporary closure and restriction order, under the authority of 
43 CFR 8364.1, is used because it is more appropriate than establishing 
Supplementary Rules. A temporary closure and restriction order is 
specifically tailored to the time frame and restrictions on uses or 
activities that are necessary to provide a safe environment for the 
public and for participants in the Burning Man Festival, and protect 
public land resources, while avoiding imposing restrictions that may 
not be necessary during the remainder of the year.
    The BLM will post information signs about the temporary 
restrictions at main entry points around the area. This temporary 
restriction order also will be posted in the BLM Winnemucca District 
Office. Maps of the affected area and other documents associated with 
these temporary restrictions are available at the Winnemucca District 
Office at the address above.
    Under the authority of Section 303(a) of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1733 (a)), 43 CFR 8360.0-7, and 
43 CFR 8364.1, the BLM will enforce the following closures and 
restrictions within and adjacent to the Burning Man Festival on the 
Black Rock Desert playa:

I. Event Area--Between August 27, 2010, and September 17, 2010 
Inclusive

A. Aircraft Landing

    The event area is closed to aircraft landing, taking off, or 
taxiing. Aircraft is defined in Title 18 U.S.C., section 31 (a)(1) and 
includes lighter-than-air craft and ultra-light craft. The following 
exceptions apply:
    1. 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.
    2. Helicopters providing emergency medical services may land in 
other locations when required for medical incidents.
    3. Landings or take-offs of lighter-than-air craft previously 
approved by the BLM authorized officer.

B. Alcohol

    1. 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.
    2. Possession of alcohol by minors.
    (a) The following are prohibited:
    (1) Consumption or possession of any alcoholic beverage by a person 
under 21 years of age on public lands.
    (2) 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.
    3. Operation of a motor vehicle while under the influence.
    (a) Title 43 CFR 8341.1(f)3 prohibits the operation of an off-road 
motor vehicle on public land while under the influence of alcohol, 
narcotics, or dangerous drugs.
    (b) In addition to the prohibition found in 43 CFR 8341.1(f)3, it 
is prohibited for any person to operate or be in actual physical 
control of a motor vehicle while:
    (1) The operator is under the combined influence of alcohol, a 
drug, or drugs to a degree that renders the operator incapable of safe 
operation of that vehicle; or
    (2) The alcohol concentration in the operator's blood or breath is 
0.08 grams or more of alcohol per 100 milliliters of blood or 0.08 
grams or more of alcohol per 210 liters of breath.
    (c) Tests:
    (1) At the request or direction of any law enforcement officer 
authorized by the Department of the Interior to enforce this closure 
and restriction order, who has probable cause to believe that an 
operator of a motor vehicle has violated a provision of paragraph (a) 
or (b) of this section, the operator shall submit to one or more tests 
of the blood, breath, saliva, or urine for the purpose of determining 
blood alcohol and drug content.
    (2) Refusal by an operator to submit to a test is prohibited and 
proof of refusal may be admissible in any related judicial proceeding.
    (3) Any test or tests for the presence of alcohol and drugs shall 
be determined by and administered at the direction of an authorized 
person.
    (4) Any test shall be conducted by using accepted scientific 
methods and equipment of proven accuracy and reliability operated by 
personnel certified in its use.
    (d) Presumptive levels:
    (1) The results of chemical or other quantitative tests are 
intended to supplement the elements of probable cause used as the basis 
for the arrest of an operator charged with a violation of paragraph (a) 
of this section. If the alcohol concentration in the operator's blood 
or breath at the time of testing is less than alcohol concentrations 
specified in paragraph (b)(2) of this section, this fact does not give 
rise to any presumption that the operator is or is not under the 
influence of alcohol.
    (2) The provisions of paragraph (d)(1) of this section are not 
intended to limit the introduction of any other competent evidence 
bearing upon the question of whether the operator, at the time of the 
alleged violation, was under the influence of alcohol, a drug or 
multiple drugs, or any combination thereof.
    4. Definitions:
    (a) Open container: Any bottle, can, or other container that 
contains an alcoholic beverage, if that container does not have a 
closed top or the lid for which the seal has been broken. If a 
container has been opened one or more times and its lid or top has been 
replaced, that container is an open container.
    (b) Possession of an open container includes any open container 
that is physically possessed by a driver or operator and is adjacent to 
and reachable by that driver or operator. This includes but is not 
limited to 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.

C. Drug Paraphernalia

    1. The possession of drug paraphernalia is prohibited.
    2. Definition: Drug paraphernalia means all equipment, products and 
materials of any kind which are used, intended for use, or designed for 
use in planting, propagating, cultivating, growing, harvesting, 
manufacturing, compounding, converting, producing, preparing, testing, 
analyzing, packaging, repackaging, storing, containing, concealing, 
injecting, ingesting, inhaling or otherwise introducing into the human 
body a controlled substance in violation of any state or Federal law, 
or regulation issued pursuant to law.

D. Disorderly Conduct

    1. Disorderly conduct is prohibited.
    2. Definition: Disorderly conduct means that an individual, with 
the intent of recklessly causing public

[[Page 52974]]

alarm, nuisance, jeopardy, or violence; or recklessly creating a risk 
thereof:
    (a) Engages in fighting or violent behavior.
    (b) Uses language, an utterance or gesture, or engages in a display 
or act that is physically threatening or menacing, or done in a manner 
that is likely to inflict injury or incite an immediate breach of the 
peace.

E. Eviction of Persons

    1. The event area is closed to any person for the following:
    (a) Has been evicted from the event by the permit holder, Black 
Rock City LLC, (BRC LLC), whether or not the eviction was requested by 
the BLM.
    (b) Has been ordered by a BLM law enforcement officer to leave the 
area of the permitted event.
    2. Any person evicted from the event forfeits all privileges to be 
present within the perimeter fence or anywhere else within the event 
area even if they possess a ticket to attend the event.

F. Fires

    The ignition of fires on the surface of the Black Rock Playa 
without a burn blanket or burn pan is prohibited.

G. Fireworks

    The use, sale or possession of personal fireworks is prohibited 
except for uses of fireworks approved by BRC LLC and used as part of a 
Burning Man sanctioned art burn event.

H. Motor Vehicles

    1. The event area is closed to motor vehicle use, except as 
provided below.
    Motor vehicles may be operated within the Event Area under these 
circumstances:
    (a) Participant arrival and departure on designated routes;
    (b) Vehicles operated by BRC LLC staff or contractors and service 
providers on behalf of BRC LLC. During the event, from 12:01 a.m. 
Monday, August 30, 2010, through 11:59 p.m. Monday, September 6, 2010, 
these vehicles must display evidence of event registration at all times 
in such manner that it is visible from the rear of the vehicle while 
the vehicle is in motion;
    (c) BLM, medical, law enforcement, and firefighting vehicles;
    (d) Mutant vehicles, art cars, vehicles used by disabled drivers 
and displaying disabled driver license plates or placards, or other 
vehicles registered with the Burning Man event organizers and operated 
within the scope of that registration. Prior to commencement of the 
event and official issuance of registration documents, such vehicles 
may be operated for arrival, testing and demonstration purposes only. 
During the event, from 12:01 a.m. Monday, August 30, 2010, through 
11:59 p.m. Monday, September 6, 2010, such vehicles must display 
evidence of registration at all times in such manner that it is visible 
from the rear of the vehicle while the vehicle is in motion;
    (e) Motorized skateboards or Go-Peds with or without handlebars.
    2. Definitions:
    (a) A motor vehicle is any device designed for and capable of 
travel over land and which is self-propelled by a motor, but does not 
include any vehicle operated on rails or any motorized wheelchair;
    (b) Motorized wheelchair means a self-propelled wheeled device, 
designed solely for and used by a mobility-impaired person for 
locomotion.

I. Public Camping

    The event area is closed to public camping with the following 
exception: Burning Man event ticket holders who are camped in 
designated areas provided by BRC LLC, and ticket holders who are camped 
in the authorized ``pilot camp.'' BRC LLC authorized staff, 
contractors, and BLM-authorized event management-related camps are 
exempt from this closure.

J. Public Use

    The event area is closed to use by members of the public 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; is a person working at or attending the event on 
behalf of the event organizers, BRC LLC; or is authorized by BRC LLC to 
be onsite prior to the commencement of the event for the primary 
purpose of constructing, creating, designing or installing art, 
displays, buildings, facilities or other items and structures in 
connection with the event.

K. Waste Water Discharge

    The dumping or discharge to the ground of grey water is prohibited. 
Grey water is water that has been used for cooking, washing, 
dishwashing, or bathing and contains soap, detergent, food scraps, or 
food residue.

L. Weapons

    1. The possession of any weapon is prohibited.
    2. The discharge of any weapon is prohibited.
    3. The prohibitions above shall not apply to county, state, tribal, 
and Federal law enforcement personnel, or any person authorized by 
Federal law to possess a weapon. ``Art projects'' that include weapons 
and are sanctioned by BRC LLC will be permitted after obtaining 
authorization from the BLM authorized officer.
    4. Definitions:
    (a) Weapon means a firearm, compressed gas or spring powered pistol 
or rifle, bow and arrow, cross bow, blowgun, spear gun, hand thrown 
spear, sling shot, irritant gas device, electric stunning or 
immobilization device, explosive device, any implement designed to 
expel a projectile, switch blade knife, any blade which is greater than 
10 inches in length from the tip of the blade to the edge of the hilt 
or finger guard nearest the blade (e.g., swords, dirks, daggers, 
machetes), or any other weapon the possession of which is prohibited by 
state law. Exception: The regulation does not apply in a kitchen or 
cooking environment or where an event worker is wearing or utilizing a 
construction knife for their duties at the event
    (b) Firearm means any pistol, revolver, rifle, shotgun, or other 
device which is designed to, or may be readily converted to expel a 
projectile by the ignition of a propellant.
    (c) Discharge means the expelling of a projectile from a weapon.

II. Public Closure Area

A. Between August 27, 2010, and September 17, 2010, Inclusive

1. Public Camping
    The Public Closure area is closed to public camping.
2. Discharge of Weapons
    Discharge of weapons as defined in paragraph (L)(2) of Section (I) 
is prohibited.

B. Between August 30, 2010, and September 6, 2010, Inclusive

1. Aircraft Landing
    The public closure area is closed to aircraft landing, taking off, 
or taxiing except as described in paragraph (A) of Section I.
2. Disorderly Conduct
    Disorderly conduct as defined in paragraph (D)(2) of Section I is 
prohibited.
3. Eviction of Persons
    (a) The Public Closure Area is closed to any person who:
    (1) Has been evicted from the event by the permit holder, BRC LLC, 
whether or

[[Page 52975]]

not the eviction was requested by the BLM.
    (2) Has been ordered by a BLM law enforcement officer to leave the 
area of the permitted event.
    (b) Any person evicted from the event forfeits all privileges to be 
present within the public closure area even if he or she possesses a 
ticket to attend the event.
4. Fireworks
    The use, sale or possession of personal fireworks is prohibited.
5. Public Use
    Public use is prohibited, except for:
    (a) passage through, without stopping, the public closure area on 
the West or East Playa Roads; and
    (b) pedestrians with Burning Man tickets outside the fence.
6. Motor Vehicles
    The public closure area is closed to motor vehicle use, except for 
passage through, without stopping, the public closure area on the West 
or East Playa Roads. Motor vehicle is defined in paragraph (H)(2) of 
Section (I).
7. Waste Water Discharge
    The dumping or discharge to the ground of grey water is prohibited. 
Grey water is water used for cooking, washing, dishwashing, or bathing 
and contains soap, detergent, food scraps, or food residue.
8. Weapons
    The possession of any weapon as defined in paragraph (L)(4) of 
Section (I) is prohibited except weapons within motor vehicles passing 
through the closure area, without stopping on the West or East Playa 
Roads.
    Any person who violates the above rules and restrictions may be 
tried before a United States Magistrate and fined no more than $1,000, 
imprisoned for no more than 12 months, or both. Such violations may 
also be subject to the enhanced fines provided for at 18 U.S.C. 3571.

    Authority: 43 CFR 8364.1.

Gene Seidlitz,
District Manager, Winnemucca District.
[FR Doc. 2010-21553 Filed 8-25-10; 4:15 pm]
BILLING CODE 4310-HC-P