[Federal Register Volume 78, Number 143 (Thursday, July 25, 2013)]
[Notices]
[Pages 44965-44969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17844]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVW03000.L51050000.EA0000. LVRCF1302280 241A; MO 
4500051988; 13-08807; TAS: 14X5017]


Notice of Temporary Closure and Temporary Restrictions of 
Specific Uses on Public Lands for the Burning Man Event, Pershing 
County, NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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SUMMARY: Notice is hereby given that under the authority of the Federal 
Land Policy and Management Act of 1976, as amended (FLPMA), the Bureau 
of Land Management (BLM) Winnemucca District, Black Rock Field Office, 
will implement and enforce a temporary closure and temporary 
restrictions to protect public safety and resources on

[[Page 44966]]

public lands within and adjacent to the Burning Man event on the Black 
Rock Desert playa.

DATES: The temporary closure and temporary restrictions will be in 
effect from August 12, 2013 to September 16, 2013.

FOR FURTHER INFORMATION CONTACT: Gene Seidlitz, BLM District Manager, 
Winnemucca District, 5100 E. Winnemucca Blvd., Winnemucca, NV 89445-
2921, telephone: 775-623-1500, email: [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: The temporary closure and temporary 
restrictions affect public lands within 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 in the temporary public closure area is:

Mount Diablo Meridian

T. 33 N., R. 24 E., unsurveyed,
    Sec. 1, that portion lying northwesterly of East Playa Road;
    Sec. 2, that portion lying northwesterly of East Playa Road;
    Sec. 3;
    Sec. 4, that portion lying southeasterly of Washoe County Road 
34;
    Sec. 5;
    Sec. 8, NE\1/4\;
    Sec. 9, N\1/2\;
    Sec. 10, N\1/2\;
    Sec. 11, that portion of the N\1/2\ lying northwesterly of East 
Playa Road.
T. 33\1/2\ N., R. 24 E., unsurveyed,
    Secs. 25, 26, and 27;
    Sec. 28, that portion lying easterly of Washoe County Road 34;
    Sec. 33, that portion lying easterly of Washoe County Road 34;
    Secs. 34, 35, and 36.
T. 34 N., R. 24 E., partly unsurveyed,
    Sec. 23, S\1/2\;
    Sec. 24, S\1/2\;
    Secs. 25 and 26;
    Sec. 27, E\1/2\NE\1/4\, E1/2SW\1/4\, SE\1/4\;
    Sec. 33, NE\1/4\NE\1/4\, S\1/2\NE\1/4\, that portion of the 
SW\1/4\ lying northeasterly of Washoe County Road 34, SE\1/4\;
    Secs. 34, 35, and 36.
T. 33 N., R. 25 E.,
    Sec. 4, that portion lying northwesterly of East Playa Road.
T. 34 N., R. 25 E., unsurveyed,
    Sec. 16, S\1/2\;
    Sec. 21;
    Sec. 22, W\1/2\NW\1/4\, SW\1/4\;
    Sec. 27, W\1/2\;
    Sec. 28;
    Sec. 33, that portion lying northwesterly of East Playa Road;
    Sec. 34, that portion of the W\1/2\ lying northwesterly of East 
Playa Road.

    The temporary closure area comprises 14,153 acres, more or less, 
in Pershing County, Nevada.

    The public closure is necessary for the period of time from August 
12, 2013, through September 16, 2013, because of the Burning Man event 
activities in the area, starting with fencing the site perimeter, final 
setup, the actual event (August 25 through September 2), initial phases 
of cleanup, and concluding with final site cleanup.
    The public closure area comprises about 13 percent of the Black 
Rock Desert playa. Public access to other areas of the playa will 
remain open and the other 87 percent of the playa outside the temporary 
closure area will remain open to dispersed casual use.
    The event area is contained within the temporary closure area. The 
event area is defined as the portion of the temporary closure area (1) 
entirely contained within the event perimeter fence, including 50 feet 
from the outside of the event perimeter fence; and (2) within 25 feet 
from the outside edge of the event access road; and includes the 
entirety of the aircraft parking area outside the event perimeter 
fence.
    The temporary closure 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 event. The event is expected 
to attract approximately 68,000 participants to a remote rural area, 
more than 90 miles 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 land under Special Recreation Permit 
NVW03500-13-01.
    While a majority of Burning Man event participants do not violate 
event rules or BLM rules and regulations, a few participants at 
previous events have caused law enforcement and public safety incidents 
similar to those observed in urban areas of similar-size populations. 
Incidents that have required BLM law enforcement action in prior years 
include: Aircraft crashes; motor vehicle accidents with injuries both 
within and outside the event perimeter; fights; sexual assault; assault 
on law enforcement officers; reckless or threatening behavior; crimes 
against property; crowd control issues; possession and unlawful use of 
alcoholic beverages; endangerment of themselves or others; possession, 
use, and distribution of controlled substances; and increased use of 
public lands outside the event perimeter.
    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 law enforcement officers 
to work at the event. The temporary closure and temporary restrictions 
are necessary to enable BLM law enforcement personnel to provide for 
public safety and to protect the environment on public lands, as well 
as to support State and local law enforcement agencies with enforcement 
of existing laws.
    Use of the Black Rock playa by up to 68,000 participants creates 
potential impacts to public resources associated with disposal of 
wastes and litter. Implementation of the temporary restrictions will 
increase interaction with and education of users by BLM law enforcement 
and educational staff which will indirectly increase appreciation and 
protection of the public resources.
    A temporary closure and temporary restrictions order, under the 
authority of 43 CFR 8364.1, is appropriate for a single event. A 
temporary closure and temporary restrictions order is specifically 
tailored to the timeframe that is necessary to provide a safe 
environment for the public and for participants at the Burning Man 
event, and to protect public land resources while avoiding imposing 
restrictions that may not be necessary in the area during the remainder 
of the year.
    The BLM will post information signs and maps about the temporary 
closure and temporary restrictions at main entry points around the 
playa, at the BLM Winnemucca District Office, at the Nevada State 
Office, and at the Black Rock Visitor Center and on the BLM's Web site: 
www.blm.gov/nv/st/en/fo/wfo.html.
    Under the authority of Section 303(a) of FLPMA, 43 CFR 8360.0-7, 
and 43 CFR 8364.1, the BLM will enforce a temporary public closure and 
the following temporary restrictions within and adjacent to the Burning 
Man event on the Black Rock Desert playa:

[[Page 44967]]

I. Temporary Restrictions

A. Aircraft Landing

    The public closure area is closed to aircraft landing, taking off, 
and 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, including ultra-light and helicopter 
landings and takeoffs will occur at the designated 88NV Black Rock City 
Airport landing strips and areas defined by airport management. All 
takeoffs and landings will occur only during the hours of operation of 
the airport as described in the Burning Man Operating Plan. All pilots 
that use the Black Rock City Airport must agree to and abide by the 
published airport rules and regulations.
    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 or his delegated representative may approve other helicopter 
landings and takeoffs when deemed necessary for the benefit of the law 
enforcement operation.
    3. Landings or takeoffs 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.
    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 subsection (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.
    (3) It is unlawful for any person to drive or be in actual physical 
control of a vehicle on a highway or on premises to which the public 
has access with an amount of a prohibited substance in his or her urine 
or blood that is equal to or greater than the following nanograms per 
milliliter (ng/ml):
    (a) Amphetamine: urine, 500 ng/ml; blood, 100 ng/ml
    (b) Cocaine: urine, 150 ng/ml; blood, 50 ng/ml
    (c) Cocaine metabolite: urine, 150 ng/ml; blood, 50 ng/ml
    (d) Heroin: urine, 2,000 ng/ml; blood, 50 ng/ml
    (e) Heroin metabolite:
    (1) Morphine: urine, 2,000 ng/ml; blood, 50 ng/ml
    (2) 6-monoacetyl morphine: urine, 10 ng/ml; blood, 10 ng/ml
    (f) Lysergic acid diethylamide: urine, 25 ng/ml; blood, 10 ng/ml
    (g) Marijuana: urine, 10 ng/ml; blood, 2 ng/ml
    (h) Marijuana metabolite: urine, 15 ng/ml; blood, 5 ng/ml
    (i) Methamphetamine: urine, 500 ng/ml; blood, 100 ng/ml
    (j) Phencyclidine: urine, 25 ng/ml; blood, 10 ng/ml
    (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 law 
enforcement officer.
    (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 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.

[[Page 44968]]

    (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 public closure 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 
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 public 
closure 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. Must comply with the following requirements:
    (a) The operator of a motor vehicle must possess a valid driver's 
license.
    (b) Motor vehicles and trailers must possess evidence of valid 
registration, except for mutant vehicles, 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.
    (c) Motor vehicles and trailers must possess evidence of valid 
insurance, except for mutant vehicles, 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.
    (d) Motor vehicles and trailers must not block a street used for 
vehicular travel or a pedestrian pathway.
    (e) Motor vehicles must not exceed the posted speed limit.
    (f) No person shall occupy a trailer while the motor vehicle is in 
transit upon a roadway, except for mutant vehicles, 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.
    (g) Motor vehicles, other than a motorcycle or golf cart, must be 
equipped with at least two working headlamps, except for mutant 
vehicles, 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--so long as they are adequately lit according to Black 
Rock City, LLC Department of Mutant Vehicle requirements.
    (h) Motor vehicles, other than a motorcycle or golf cart, and 
trailers must be equipped with at least two functioning tail lamps, 
except for mutant vehicles, 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--so long as they are adequately lit 
according to Black Rock City, LLC Department of Mutant Vehicle 
requirements.
    (i) Motor vehicles, other than a motorcycle or golf cart, and 
trailers must be equipped with at least two functioning brake lights.
    (j) Motor vehicles and trailers must display an unobstructed rear 
license plate, except for mutant vehicles, 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.
    (k) Motor vehicles and trailers must be equipped with a mounted 
lamp to illuminate the rear license plate, except for mutant vehicles, 
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.
    2. The public closure area is closed to motor vehicle use, except 
as provided below.
    Motor vehicles may be operated within the public closure area under 
the circumstances listed below:
    (a) Participant arrival and departure on designated routes;
    (b) BLM, medical, law enforcement, and firefighting vehicles are 
authorized at all times;
    (c) Vehicles operated by BRC LLC staff or contractors and service 
providers on behalf of BRC LLC. During the event, from 6:00 p.m. 
Sunday, August 25, 2013, through 6:00 p.m. Monday, September 2, 2013, 
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;
    (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. During the event, from 6:00 p.m. Sunday, 
August 25, 2013, through 6:00 p.m. Monday, September 2, 2013, 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, electric assist bicycles, or Go-Peds 
with or without handlebars;
    (f) Participant drop off of approved burnables and wood to the Burn 
Garden/Wood Reclamation Stations (located on open playa at 3:00, 6:00, 
9:00 Promenades and the Man base) from 9:00 a.m. Sunday, September 1, 
2013 through the end of day Tuesday, September 3, 2013, post event; and
    (g) Passage through, without stopping, the public closure area on 
the west or east playa roads.
    3. 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.
    (c) A trailer is any instrument designed to be hauled by a motor 
vehicle.

I. Public Camping

    The public closure area is closed to public camping with the 
following exception: Burning Man event ticket holders who are camped in 
designated event 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 public closure area is closed to use by members of the public 
unless that person: is traveling through, without stopping, the public 
closure area on the west or east playa roads; possesses a valid ticket 
to attend the event; is an employee or authorized volunteer with the 
BLM, a law enforcement officer, emergency medical service provider, 
fire protection provider, or another public agency employee working at 
the event and the individuals are assigned to the event; is a person 
working at or attending the

[[Page 44969]]

event on behalf of 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; or is a commercial operation to provide services to the 
event organizers and/or participants authorized by BRC LLC through a 
contract or agreement and authorized by BLM through a Special 
Recreation Permit.

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 except weapons within 
motor vehicles passing, without stopping, through the public closure 
area, on the west or east playa roads.
    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: This rule 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.
    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

Victor W. Lozano,
Acting District Manager, Winnemucca District.
[FR Doc. 2013-17844 Filed 7-24-13; 8:45 am]
BILLING CODE 4310-HC-P