[Federal Register Volume 76, Number 122 (Friday, June 24, 2011)]
[Notices]
[Pages 37147-37150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15818]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVW03500.L12320000.EA0000.LVRDNV190000.241A; MO4500020764; 
11-08807; TAS: 14X5017]


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

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

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 temporary closures and temporary 
restrictions to protect public safety and resources on public lands 
within and adjacent to the Burning Man event on the Black Rock Desert 
playa.

DATES: The temporary closures and temporary restrictions will be in 
effect from August 1, 2011 through September 19, 2011 and August 29, 
2011 through September 5, 2011.

FOR FURTHER INFORMATION CONTACT: Gene Seidlitz, BLM District Manager, 
Winnemucca District, 5100 E. Winnemucca Boulevard, Winnemucca, Nevada 
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 closures and temporary 
restrictions affect public lands at and adjacent to the Burning Man 
event permitted on the Black Rock Desert playa within the Black Rock 
Desert-High Rock Canyon Emigrant Trails National Conservation Area in 
Pershing County, Nevada. The legal description of the affected public 
lands is:

Mount Diablo Meridian, Nevada

Unsurveyed T. 33 N., R. 24 E.,

Secs. 1 and 2;
Sec. 3;
Sec. 4, portion east of Washoe County Road 34;
Sec. 5;
Sec. 8, NE\1/4\;
Sec. 9, N\1/2\;
Sec. 10, N\1/2\;
Sec. 11, N\1/2\.

Unsurveyed T. 33\1/2\; N., R. 24 E.,

Secs. 25, 26, and 27;
Sec. 28, portion east of Washoe County Road 34;
Sec. 33, portions east of Washoe County Road 34;
Secs. 34, 35, and 36.

Unsurveyed T. 34 N., R. 24 E.,

Sec. 23, S\1/2\;
Sec. 24, S\1/2\;
Secs. 25 and 26;
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, 35, and 36.

T. 33 N., R. 25 E.,

Sec. 4, Lots 2, 3, 4, and 5.

Unsurveyed T. 34 N., R. 25 E.,

Sec. 16, S\1/2\;
Sec. 21;
Sec. 22, SW\1/4\, W\1/2\NW\1/4\;
Sec. 27, W\1/2\;
Sec. 28;
Sec. 33;
Sec. 34, W\1/2\.

    The public closure area comprises 14,153 acres, more or less.

    Within the public closure area is the event area, which is defined 
as the portion of the public closure area (1)

[[Page 37148]]

Entirely contained within the event perimeter fence; (2) Within 50 feet 
and outside the event perimeter fence; (3) Within 25 feet and outside 
the event access road; and (4) The aircraft parking area outside the 
event perimeter fence.
    The Burning Man event takes place within Pershing County, a rural 
county with a small population and a small Sheriff's Department. 
Pershing County has limited ability to provide additional law 
enforcement officers to work at the event. These temporary closures and 
temporary restrictions are necessary to enable the 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.
    The temporary closures and temporary restrictions are necessary to 
provide a safe environment for the participants of the Burning Man 
event 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 event. The 
Burning Man event is held on public lands administered by the BLM. It 
is expected to attract approximately 50,000 participants to a remote 
rural area, far from urban infrastructure and support, including law 
enforcement, public safety, transportation, and communication services. 
During the event, Black Rock City, the temporary city associated with 
the event, becomes the tenth largest population area in Nevada. This 
event is authorized on public lands under Special Recreation Permit 
NVW03500-11-01.
    The vast majority of Burning Man event 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 both 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 BLM will post information signs and maps about the temporary 
closures and temporary restrictions at main entry points around the 
area and at the BLM Winnemucca District Office and at the Black Rock 
Visitor Center.
    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 event on the Black 
Rock Desert playa:
I. Event Area Restrictions--Between August 1, 2011, and September 19, 
2011 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. All aircraft operations to include ultra-light and helicopter 
landings/take-offs will occur at the designated event landing strip. 
The authorized event landing strip is a designated and Federal Aviation 
Administration approved public strip.
    2. Only helicopters providing emergency medical services may land 
at the designated Emergency Medical Services helicopter pad or at other 
locations when required for medical incidents. The BLM authorizing 
officer may approve other helicopter landings and take-offs when deemed 
necessary for the benefit of the law enforcement operation.
    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.

[[Page 37149]]

    4. Definitions:
    (a) 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.
    (b) Possession of an open container includes any open container 
that is physically possessed by the driver or operator, or 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 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.
    (c) Obstructs, resists or attempts to elude a law enforcement 
officer, or fails to follow their orders or directions.
E. Eviction of Persons
    1. The event area is closed to any person who:
    (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 
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 29, 2011, through 11:59 p.m. Monday, September 5, 2011, 
these vehicles must display evidence of event registration at all times 
in such manner that it is visible to 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 BRC LLC organizers and operated within the 
scope of that registration. Prior to the 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 29, 2011, through 11:59 p.m. 
Monday, September 5, 2011, such vehicles must display evidence of 
registration at all times in such manner that it is visible to 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 gray water is prohibited. 
Gray 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,

[[Page 37150]]

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 1, 2011 and September 19, 2011, 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 29, 2011 and September 5, 2011, 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 not such eviction was requested by 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 gray water is prohibited.
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. 2011-15818 Filed 6-23-11; 8:45 am]
BILLING CODE 4310-HC-P