Countdown to 2013 Event

[theCryptofishist]

[Federal Register Volume 78, Number 143 (Thursday, July 25, 2013)]
[Notices]
[Pages 44965-44969]
From the Federal Register Online via the Government Printing 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

http://www.gpo.gov/fdsys/pkg/FR-2013-07 ... -17844.htm

[maryanimal]

31 days to go...


Hey! This looks like a familiar thread...

[Simon of the Playa]

tune in, turn on, drop out of the race.

[Jackass]

tune in, turn on, drop out of the race.

Usted es Juan Frum? Mucho gusto, yo soy Carlos Peligro.

[Simon of the Playa]

dance, monkeys, dance.

[Simon of the Playa]

.

[TT120]

I count the day that I leave as part of my experience, so for me, it all starts in 26 days.

[FIGJAM]

Well, it all started in 2010..........

[maryanimal]

YAY! 26 days until I'm home!

[trilobyte]

I'm moving this to the Q&A board, since that's a better fit for general purpose preparation threads.

[theCryptofishist]

I don't see a single preparation post in this thread.

If anything, politics, in so far as the first post might lead to a discussion of what those stipulations the BLM has on us are...

[FIGJAM]

If I read all that I wouldn't have plausible deniability!

[theCryptofishist]

That's alright. I read all that and doze off. Don't retain much. Ah, bureaucratese, English's most soporific sub-language.