[Federal Register Volume 80, Number 149 (Tuesday, August 4, 2015)]
[Notices]
[Pages 46316-46319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19160]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVW03500.L51050000.EA0000.LVRCF1504080 241A; MO#4500080991]


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 a temporary closure 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 closure and temporary restrictions will be in 
effect from August 10, 2015 to September 21, 2015.

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\, E\1/2\SW\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 
10, 2015, through September 21, 2015, because of the Burning Man event 
activities in the area, starting with fencing the site perimeter, final 
setup, the actual event (August 30 through September 7), 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 70,000 paid participants to a remote rural 
area, more than 90 miles from urban infrastructure and support, 
including 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 
#NVW03500-15-01.
    While a majority of Burning Man event participants do not violate 
event

[[Page 46317]]

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 
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; 
litter and unlawful dumping of waste.
    The Burning Man event takes place within Pershing County, a rural 
county with a small population and a small Sheriff's Department. The 
temporary closure and temporary restrictions are necessary to enable 
BLM law enforcement personnel to provide for public safety and to 
protect the public lands, as well as to support and assist state and 
local agencies with enforcement of existing laws.
    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, 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 will apply within and adjacent to 
the Burning Man event on the Black Rock Desert playa from August 10, 
2015 through September 21, 2015:

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 authorized 
officer or his/her delegated representative may approve other 
helicopter landings and takeoffs when deemed necessary for the benefit 
of the law enforcement operation; and
    (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:
    (i) The following are prohibited:
    (A) Consumption or possession of any alcoholic beverage by a person 
under 21 years of age on public lands; and
    (B) 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 of 
alcohol, narcotics, or dangerous drugs:
    (i) 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.
    (ii) In addition to the prohibition found at 43 CFR8341.1(f)(3), it 
is prohibited for any person to operate or be in actual physical 
control of a motor vehicle while:
    (A) 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
    (B) 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) 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):
    (1) Amphetamine: urine, 500 ng/ml; blood, 100 ng/ml;
    (2) Cocaine: urine, 150 ng/ml; blood, 50 ng/ml;
    (3) Cocaine metabolite: urine,150 ng/ml; blood, 50 ng/ml;
    (4) Heroin: urine, 2,000 ng/ml; blood, 50 ng/ml;
    (5) Heroin metabolite:
    (i) Morphine: urine, 2,000 ng/ml; blood, 50 ng/ml;
    (ii) 6-monoacetyl morphine: urine, 10 ng/ml; blood, 10 ng/ml;
    (6) Lysergic acid diethylamide: urine, 25 ng/ml; blood,10 ng/ml;
    (7) Marijuana: urine,10 ng/ml; blood, 2 ng/ml;
    (8) Marijuana metabolite: urine, 15 ng/ml; blood, 5 ng/ml;
    (9) Methamphetamine: urine, 500 ng/ml; blood,100 ng/ml;
    (10) Phencyclidine: urine, 25 ng/ml; blood,10 ng/ml;
    (iii) Tests:
    (A) 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 (i) 
or (ii) 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.
    (B) Refusal by an operator to submit to a test is prohibited and 
proof of refusal may be admissible in any related judicial proceeding.
    (C) 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.
    (D) Any test shall be conducted by using accepted scientific 
methods and equipment of proven accuracy and reliability operated by 
personnel certified in its use.
    (iv) Presumptive levels:
    (A) 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 (i) 
of this section. If the alcohol concentration in the operator's blood 
or breath at the time of testing is

[[Page 46318]]

less than alcohol concentrations specified in paragraph (ii)(B) of this 
section, this fact does not give rise to any presumption that the 
operator is or is not under the influence of alcohol.
    (B) The provisions of paragraph (iv)(A) 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:
    (i) 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.
    (ii) 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:
    (i) Engages in fighting or violent behavior;
    (ii) 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.
    (iii) 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:
    (i) 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;
    (ii) Has been evicted from the event by the BLM;
    (iii) Has been ordered by a 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:
    (i) The operator of a motor vehicle must possess a valid driver's 
license.
    (ii) Motor vehicles and trailers must possess evidence of valid 
registration, except for mutant vehicles, or other vehicles registered 
with the BRC LLC organizers and operated within the scope of that 
registration.
    (iii) Motor vehicles and trailers must possess evidence of valid 
insurance, except for mutant vehicles, or other vehicles registered 
with the BRC LLC organizers and operated within the scope of that 
registration.
    (iv) Motor vehicles and trailers must not block a street used for 
vehicular travel or a pedestrian pathway.
    (v) Motor vehicles must not exceed the posted speed limit.
    (vi) No person shall occupy a trailer while the motor vehicle is in 
transit upon a roadway, except for mutant vehicles, or other vehicles 
registered with the BRC LLC organizers and operated within the scope of 
that registration.
    (vii) Motor vehicles, other than a motorcycle or golf cart, must be 
equipped with at least two working headlamps, at least two functioning 
tail lamps and at least two functioning brake lights, except for mutant 
vehicles, 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.
    (viii) Trailers pulled by motor vehicles must be equipped with at 
least two functioning tail lamps and at least two functioning brake 
lights.
    (ix) Motor vehicles and trailers must display an unobstructed rear 
license plate and must be equipped with a mounted lamp to illuminate 
the rear license plate, except for mutant vehicles, 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:
    (i) Participant arrival and departure on designated routes;
    (ii) BLM, medical, law enforcement, and firefighting vehicles are 
authorized at all times;
    (iii) Vehicles, mutant vehicles, or art cars operated by BRC LLC 
staff or contractors and service providers on behalf of BRC LLC are 
authorized at all times. These vehicles must display evidence of event 
registration in such manner that it is visible to the rear of the 
vehicle while the vehicle is in motion;
    (iv) Vehicles used by disabled drivers and displaying official 
state disabled driver license plates or placards; or mutant vehicles 
and art cars, or other vehicles registered with the BRC LLC 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;
    (iv) Motorized skateboards, electric assist bicycles, or Go-Peds 
with or without handlebars;
    (v) 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 6, 
2015 through the end of day Tuesday, September 8, 2015, post event; and
    (vi) Passage through, without stopping, the public closure area on 
the west or east playa roads.
    (3) Definitions:
    (i) 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.
    (ii) Motorized wheelchair means a self-propelled wheeled device, 
designed solely for and used by a mobility-impaired person for 
locomotion.

[[Page 46319]]

    (iii) 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 that individual is assigned to the event; is a person 
working at or attending the 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) Human Waste:
    Depositing of human waste on the ground is prohibited.
    (m) Unmanned Aircraft Systems:
    (1) The use of unmanned aircraft systems (UAS) is prohibited, 
unless the operator is registered through and complies with the Remote 
Control BRC program (RCBRC) and operates the UAS in accordance with 
Federal laws and regulations.
    (2) Definition:
    (i) Unmanned aircraft means an aircraft operated without the 
possibility of direct human intervention from within or on the 
aircraft.
    (ii) An unmanned aircraft system is the unmanned aircraft (UA) and 
all of the associated support equipment, control station, data links, 
telemetry, communications and navigation equipment, etc., necessary to 
operate the unmanned aircraft.
    (n) Lasers:
    (1) The possession and or use of handheld lasers is prohibited.
    (2) Definition:
    (i) A laser means any hand held laser beam device or demonstration 
laser product that emits a single point of light amplified by the 
stimulated emission of radiation that is visible to the human eye.
    (o) 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 who are working in their 
official capacity at the event. ``Art projects'' that include weapons 
and are sanctioned by BRC LLC will be permitted after obtaining 
authorization from the BLM authorized officer.
    (4) Definitions:
    (i) 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.
    (ii) 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.
    (iii) 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 
$100,000, imprisoned no more than 12 months, or both, in accordance 
with 18 U.S.C. 3571(b), 43 U.S.C. 1733(a), and 43 CFR 8360.0-7. Such 
violations may also be subject to the enhanced penalties provided by 18 
U.S.C. 3571 and 3581. In accordance with 43 CFR 8365.1-7, State or 
local officials may also impose penalties for violations of Nevada law.

    Authority:  43 CFR 8364.1.

Gene Seidlitz,
District Manager, Winnemucca District.
[FR Doc. 2015-19160 Filed 8-3-15; 8:45 am]
BILLING CODE 4310-HC-P