81_FR_43355 81 FR 43228 - Notice of Temporary Closure and Temporary Restrictions of Specific Uses on Public Lands for the Burning Man Event (Permitted Event), Pershing County, NV

81 FR 43228 - Notice of Temporary Closure and Temporary Restrictions of Specific Uses on Public Lands for the Burning Man Event (Permitted Event), Pershing County, NV

DEPARTMENT OF THE INTERIOR
Bureau of Land Management

Federal Register Volume 81, Issue 127 (July 1, 2016)

Page Range43228-43232
FR Document2016-15681

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.

Federal Register, Volume 81 Issue 127 (Friday, July 1, 2016)
[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)]
[Notices]
[Pages 43228-43232]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15681]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVW03500.L51050000.EA0000. LVRCF1604630 241A; MO#]


Notice of Temporary Closure and Temporary Restrictions of 
Specific Uses on Public Lands for the Burning Man Event (Permitted 
Event), 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, 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 1 to September 21, 2016.

FOR FURTHER INFORMATION CONTACT: Mr. William Mack, Jr., Black Rock 
Field Office 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, Nevada

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 approximately 14,153 acres in 
Pershing County, Nevada.

    The public closure is necessary for the period of time from August 
1 through September 21, 2016, because of the Burning Man event 
activities in the area, starting with fencing the site perimeter, final 
setup, the actual event (August 28 through September 5), 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 permitted event 
and for 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

[[Page 43229]]

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 one of 
the largest population areas in Nevada. This event is authorized on 
public land under Special Recreation Permit #NVW03500-16-01.
    The permitted 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.
    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.
    In addition to the Nevada Collateral Forfeiture and Bail Schedule 
as authorized by the United States District Court, District of Nevada 
and 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 1 
through September 21, 2016:

Temporary Restrictions

(a) Environmental Resource Management and Protection
    (1) No person may deface, disturb, remove, or destroy any natural 
object.
    (2) Fires/Campfires: The ignition of fires on the surface of the 
Black Rock playa without a burn blanket or burn pan is prohibited. 
Campfires may only be burned in containers that are stably elevated 
above the playa/ground surface and in a manner that do not pose a risk 
of fire debris falling onto the playa/ground surface. Plastic and other 
nonflammable materials may not be burned in campfires. The ignition of 
fires other than a campfire is prohibited. This restriction does not 
apply to event-sanctioned and regulated art burns during the event.
    (3) Fireworks: The use, sale, or possession of personal fireworks 
is prohibited except for uses of fireworks approved by the permit 
holder and used as part of a Burning Man-sanctioned art burn event.
    (4) Grey and Black Water Discharge: The discharge and dumping of 
grey water and black water onto the playa/ground surface is prohibited. 
Grey water is defined as water that has been used for cooking, washing, 
dishwashing, or bathing and/or contains soap, detergent, food scraps, 
or food residue, regardless of whether such products are biodegradable 
or have been filtered or disinfected. Black water is defined as waste 
water containing feces, urine, and/or flush water.
    (5) Human Waste: The depositing of human waste (liquid and/or 
solid) on the playa/ground surface is prohibited.
    (6) Trash: The discharge of any and all trash/litter (Matter Out Of 
Place (MOOP)) onto the playa/ground surface is prohibited. All event 
participants must pack out and properly dispose of all trash at an 
appropriate disposal facility off the playa.
    (7) Hazardous Materials: The dumping or discharge of vehicle oil, 
petroleum products, or other hazardous household, commercial, or 
industrial refuse or waste onto the playa/ground surface is prohibited. 
This applies to all recreational vehicles, trailers, motorhomes, port-
a-potties, generators, and other camp infrastructure.
    (8) Fuel Storage: All fuel must be stored in a designated fuel 
storage area located at least ten feet away from any flammable 
materials, including vehicles and camping trailers. Fuel storage areas 
must be provided with shade to prevent fuel containers from bloating, 
leaking, or spilling. The storage of more than 110 gallons of fuel in a 
single camp is prohibited. Storage areas for over 20 gallons of fuel 
must include a secondary containment measure capable of holding 110 
percent of the fuel being stored to prevent leaks and spills onto the 
playa/ground surface. Storage areas for less than 20 gallons of fuel 
must include a tarp, plywood, or other measure to prevent leaks and 
spills onto the playa/ground surface.
    (9) Water Discharge: The unauthorized dumping or discharge of water 
onto the playa/ground surface, onto city streets and/or other public 
areas, or onto camp electric systems in a manner that creates a hazard 
or nuisance is prohibited. This provision does not prohibit the use of 
water trucks contracted by the event organizer to provide dust 
abatement measures.
(b) Commercial Activities
    In accordance with Handbook H-2930-1 Chapter 1-C. Vending and the 
2016 Special Recreation Permit Stipulation for the permitted event, ALL 
venders and air carrier services must provide proof of authorization to 
operate at the event issued by the permitting agency and/or the permit 
holder upon request. Failure to provide such authorization would 
potentially result in eviction from the event.
(c) 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 may occur.
(d) Alcohol/Prohibited Substance
    (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:
    The following are prohibited:
    (i) Consumption or possession of any alcoholic beverage by a person 
under 21 years of age on public lands; and
    (ii) Selling, offering to sell, or otherwise furnishing or 
supplying any alcoholic beverage to a person under 21 years of age on 
public lands.

[[Page 43230]]

    (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 CFR 8341.1(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) The amount of a prohibited substance in the operator's urine or 
blood 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 using accepted scientific methods 
and equipment of proven accuracy and reliability operated by personnel 
certified in its use.
    (iiii) 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 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.

iv. 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.
(e) 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.
(f) Disorderly Conduct
    (1) Disorderly conduct is prohibited. 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.
(g) 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, whether 
or not the eviction was requested by the BLM;
    (ii) Has been evicted from the event by the BLM; or
    (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.
(h) Motor Vehicles
    (1) Motor vehicles 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 permitted event organizers and operated within the scope of 
that registration.
    (iii) Motor vehicles must possess evidence of valid insurance, 
except for mutant vehicles, or other vehicles registered with the 
permitted event 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 permitted event organizers and operated within the 
scope of that registration.

[[Page 43231]]

    (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 permitted event 
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 must display an unobstructed rear license plate 
that is in a place and position to be clearly visible, maintained free 
from foreign materials, and in a condition to be clearly legible, 
except for mutant vehicles, or other vehicles registered with the 
permitted event 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 the permit 
holder's staff or contractors and service providers on behalf of the 
permit holder are authorized at all times. 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;
    (iv) Vehicles used by disabled drivers and displaying official 
state disabled driver license plates or placards are authorized at all 
times;
    (v) Motorized skateboards, electric assist bicycles, or Go-Peds 
with or without handlebars;
    (vi) Participant drop-off of approved burnable(s) 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 10:00 a.m. Sunday through 
the end of day Tuesday, post event; and
    (vii) Passage through, without stopping, the public closure area on 
the west or east playa roads.
    (viii) Support vehicles for art vehicles, mutant vehicles and theme 
camps will be allowed to drive to and from fueling stations.
    (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.
    (iii) ``Trailer'' means every vehicle without motive power designed 
to carry property or passengers wholly on its own structure and to be 
drawn by a motor vehicle. This includes a U-Haul, Camp trailer, pop-up 
trailer, 4' x 7' or larger flatbed trailer, enclosed cargo trailer, or 
RV style trailer.
(i) Public Camping
    The public closure area is closed to public camping with the 
following exceptions:
    (1) The permitted event's ticket holders, who are camped in 
designated event areas provided by the permit holder;
    (2) Ticket holders who are camped in the authorized pilot camp;
    (3) The permit holder's authorized staff, contractors, and BLM 
authorized event managers.
(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 the permit holder; or is 
authorized by the permit holder 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 the permit holder through a contract or 
agreement and authorized by BLM through a Special Recreation Permit.
(k) 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) Definitions:
    (i) Unmanned aircraft means an aircraft operated without the 
possibility of direct human intervention from within or on the 
aircraft.
    (ii) An UAS is the unmanned aircraft and all of the associated 
support equipment, control station, data links, telemetry, 
communications and navigation equipment, etc., necessary to operate the 
unmanned aircraft.
(l) Lasers
    (1) The possession and/or use of handheld lasers are prohibited. 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.
(m) 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.
    (4) ``Art projects'' that include weapons and are sanctioned by the 
permit holder will be permitted after obtaining authorization from the 
BLM authorized officer.
    (5) 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.

[[Page 43232]]

(n) Penalties
    Any person who violates the above rules and restrictions may be 
tried before a United States Magistrate and fined in accordance with 18 
U.S.C. 3571, imprisoned no more than 12 months under 43 U.S.C. 1733(a) 
and 43 CFR 8360.0-7, or both.
    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.

William Mack, Jr.,
Black Rock Field Office Manager, Winnemucca District.
[FR Doc. 2016-15681 Filed 6-30-16; 8:45 am]
 BILLING CODE 4310-HC-P



                                                    43228                             Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices

                                                    NCA Proposed RMP/Final EIS and at 43                    DEPARTMENT OF THE INTERIOR                               Sec. 10, N1⁄2;
                                                    CFR 1610.5–2. All protests must be in                                                                            Sec. 11, that portion of the N1⁄2 lying
                                                                                                            Bureau of Land Management                                  northwesterly of East Playa Road.
                                                    writing and mailed to the appropriate
                                                                                                                                                                   T. 331⁄2 N., R. 24 E., unsurveyed,
                                                    address, as set forth in the ADDRESSES                  [LLNVW03500.L51050000.EA0000.                            Secs. 25, 26, and 27;
                                                    section above. Emailed protests will not                LVRCF1604630 241A; MO#]                                  Sec. 28, that portion lying easterly of
                                                    be accepted as valid protests unless the                                                                           Washoe County Road 34;
                                                    protesting party also provides the                      Notice of Temporary Closure and                          Sec. 33, that portion lying easterly of
                                                    original letter by either regular or                    Temporary Restrictions of Specific                         Washoe County Road 34;
                                                                                                            Uses on Public Lands for the Burning                     Secs. 34, 35, and 36.
                                                    overnight mail postmarked by the close                                                                         T. 34 N., R. 24 E., partly unsurveyed,
                                                    of the protest period. Under these                      Man Event (Permitted Event), Pershing
                                                                                                                                                                     Sec. 23, S1⁄2;
                                                    conditions, the BLM will consider the                   County, NV
                                                                                                                                                                     Sec. 24, S1⁄2;
                                                    emailed protest as an advance copy and                  AGENCY:   Bureau of Land Management,                     Secs. 25 and 26;
                                                    it will receive full consideration. If you              Interior.                                                Sec. 27, E1⁄2NE1⁄4, E1⁄2SW1⁄4, SE1⁄4;
                                                                                                                                                                     Sec. 33, NE1⁄4NE1⁄4, S1⁄2NE1⁄4, that portion
                                                    wish to provide the BLM with such                       ACTION: Notice.                                            of the SW1⁄4 lying northeasterly of
                                                    advance notification, please direct                                                                                Washoe County Road 34, SE1⁄4;
                                                    emails to protest@blm.gov.                              SUMMARY:   Notice is hereby given that                   Secs. 34, 35, and 36.
                                                                                                            under the authority of the Federal Land                T. 33 N., R. 25 E.,
                                                       Unlike land use planning decisions,                  Policy and Management Act of 1976, as                    Sec. 4, that portion lying northwesterly of
                                                    implementation decisions included in                    amended (FLPMA), the Bureau of Land                        East Playa Road.
                                                    this Proposed RMP/Final EIS are not                     Management (BLM) Winnemucca                            T. 34 N., R. 25 E., unsurveyed,
                                                    subject to protest under the BLM                        District, Black Rock Field Office, will                  Sec. 16, S1⁄2;
                                                    planning regulations, but are subject to                implement a temporary closure and                        Sec. 21;
                                                    an administrative review process                        temporary restrictions to protect public                 Sec. 22, W1⁄2NW1⁄4, SW1⁄4;
                                                    through appeals to the Office of                                                                                 Sec. 27, W1⁄2;
                                                                                                            safety and resources on public lands                     Sec. 28;
                                                    Hearings and Appeals, Interior Board of                 within and adjacent to the Burning Man                   Sec. 33, that portion lying northwesterly of
                                                    Land Appeals, pursuant to 43 CFR part                   event on the Black Rock Desert playa.                      East Playa Road;
                                                    4 Subpart E. Implementation decisions                   DATES: The temporary closure and                         Sec. 34, that portion of the W1⁄2 lying
                                                    generally constitute the BLM’s final                    temporary restrictions will be in effect                   northwesterly of East Playa Road.
                                                    approval allowing on-the-ground                         from August 1 to September 21, 2016.                   The temporary closure area comprises
                                                    actions to proceed. Where                               FOR FURTHER INFORMATION CONTACT: Mr.                   approximately 14,153 acres in Pershing
                                                    implementation decisions are made as                                                                           County, Nevada.
                                                                                                            William Mack, Jr., Black Rock Field
                                                    part of the land use planning process,                  Office Manager, Winnemucca District,                      The public closure is necessary for the
                                                    they are subject to the appeals process                 5100 E. Winnemucca Blvd.,                              period of time from August 1 through
                                                    or other administrative review as                       Winnemucca, NV 89445–2921,                             September 21, 2016, because of the
                                                    prescribed by specific resource program                 telephone: 775–623–1500, email:                        Burning Man event activities in the area,
                                                    regulations once the BLM resolves the                   wmack@blm.gov. Persons who use a                       starting with fencing the site perimeter,
                                                    protests to land use planning decisions                 telecommunications device for the deaf                 final setup, the actual event (August 28
                                                    and issues an Approved RMP and ROD.                     (TDD) may call the Federal Information                 through September 5), initial phases of
                                                    The Approved RMP and ROD will,                          Relay Service (FIRS) at 1–800–877–8339                 cleanup, and concluding with final site
                                                    therefore, identify the implementation                  to contact the above individual during                 cleanup.
                                                                                                            normal business hours. The FIRS is                        The public closure area comprises
                                                    decisions made in the plan that may be
                                                                                                            available 24 hours a day, 7 days a week,               about 13 percent of the Black Rock
                                                    appealed to the Office of Hearing and
                                                                                                            to leave a message or question with the                Desert playa. Public access to other
                                                    Appeals.                                                                                                       areas of the playa will remain open and
                                                                                                            above individual. You will receive a
                                                       Before including your phone number,                  reply during normal hours.                             the other 87 percent of the playa outside
                                                    email address, or other personal                        SUPPLEMENTARY INFORMATION: The                         the temporary closure area will remain
                                                    identifying information in your protest,                temporary closure and temporary                        open to dispersed casual use.
                                                    you should be aware that your entire                    restrictions affect public lands within                   The event area is contained within the
                                                    protest—including your personal                         and adjacent to the Burning Man event                  temporary closure area. The event area
                                                    identifying information—may be made                     permitted on the Black Rock Desert                     is defined as the portion of the
                                                    publicly available at any time. While                   playa within the Black Rock Desert-High                temporary closure area (1) entirely
                                                    you can ask us in your protest to                       Rock Canyon Emigrant Trails National                   contained within the event perimeter
                                                    withhold your personal identifying                      Conservation Area in Pershing County,                  fence, including 50 feet from the outside
                                                    information from public review, we                      Nevada. The legal description of the                   of the event perimeter fence; and (2)
                                                    cannot guarantee that we will be able to                affected public lands in the temporary                 within 25 feet from the outside edge of
                                                    do so.                                                  public closure area is:                                the event access road; and includes the
                                                                                                                                                                   entirety of the aircraft parking area
                                                      Authority: 40 CFR 1506.6, 40 CFR 1506.10,             Mount Diablo Meridian, Nevada                          outside the event perimeter fence.
                                                    43 CFR 1610.2, 43 CFR 1610.5.                           T. 33 N., R. 24 E., unsurveyed,                           The temporary closure and temporary
                                                                                                              Sec. 1, that portion lying northwesterly of          restrictions are necessary to provide a
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Ruth Welch,                                                 East Playa Road;                                   safe environment for the participants of
                                                    BLM Colorado State Director.                              Sec. 2, that portion lying northwesterly of          the permitted event and for members of
                                                    [FR Doc. 2016–15526 Filed 6–30–16; 8:45 am]                 East Playa Road;                                   the public visiting the Black Rock
                                                                                                              Sec. 3;
                                                    BILLING CODE 4310–JB–P
                                                                                                              Sec. 4, that portion lying southeasterly of
                                                                                                                                                                   Desert, and to protect public land
                                                                                                                Washoe County Road 34;                             resources by addressing law
                                                                                                              Sec. 5;                                              enforcement and public safety concerns
                                                                                                              Sec. 8, NE1⁄4;                                       associated with the event. The event is
                                                                                                              Sec. 9, N1⁄2;                                        expected to attract approximately


                                               VerDate Sep<11>2014   19:05 Jun 30, 2016   Jkt 238001   PO 00000   Frm 00047   Fmt 4703   Sfmt 4703   E:\FR\FM\01JYN1.SGM   01JYN1


                                                                                      Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices                                           43229

                                                    70,000 paid participants to a remote                    of fire debris falling onto the playa/                 areas, or onto camp electric systems in
                                                    rural area, more than 90 miles from                     ground surface. Plastic and other                      a manner that creates a hazard or
                                                    urban infrastructure and support,                       nonflammable materials may not be                      nuisance is prohibited. This provision
                                                    including public safety, transportation,                burned in campfires. The ignition of                   does not prohibit the use of water trucks
                                                    and communication services. During the                  fires other than a campfire is prohibited.             contracted by the event organizer to
                                                    event, Black Rock City, the temporary                   This restriction does not apply to event-              provide dust abatement measures.
                                                    city associated with the event, becomes                 sanctioned and regulated art burns
                                                                                                            during the event.                                      (b) Commercial Activities
                                                    one of the largest population areas in
                                                    Nevada. This event is authorized on                        (3) Fireworks: The use, sale, or                      In accordance with Handbook H–
                                                    public land under Special Recreation                    possession of personal fireworks is                    2930–1 Chapter 1–C. Vending and the
                                                    Permit #NVW03500–16–01.                                 prohibited except for uses of fireworks                2016 Special Recreation Permit
                                                       The permitted event takes place                      approved by the permit holder and used                 Stipulation for the permitted event, ALL
                                                    within Pershing County, a rural county                  as part of a Burning Man-sanctioned art                venders and air carrier services must
                                                    with a small population and a small                     burn event.                                            provide proof of authorization to
                                                    Sheriff’s Department. The temporary                        (4) Grey and Black Water Discharge:                 operate at the event issued by the
                                                    closure and temporary restrictions are                  The discharge and dumping of grey                      permitting agency and/or the permit
                                                    necessary to enable BLM law                             water and black water onto the playa/                  holder upon request. Failure to provide
                                                    enforcement personnel to provide for                    ground surface is prohibited. Grey water               such authorization would potentially
                                                    public safety and to protect the public                 is defined as water that has been used                 result in eviction from the event.
                                                    lands, as well as to support and assist                 for cooking, washing, dishwashing, or
                                                                                                            bathing and/or contains soap, detergent,               (c) Aircraft Landing
                                                    state and local agencies with
                                                    enforcement of existing laws.                           food scraps, or food residue, regardless                  The public closure area is closed to
                                                       A temporary closure and temporary                    of whether such products are                           aircraft landing, taking off, and taxiing.
                                                    restrictions order, under the authority of              biodegradable or have been filtered or                 Aircraft is defined in Title 18, U.S.C.,
                                                    43 CFR 8364.1, is appropriate for a                     disinfected. Black water is defined as                 section 31(a)(1) and includes lighter-
                                                    single event. A temporary closure and                   waste water containing feces, urine,                   than-air craft and ultra-light craft. The
                                                    temporary restrictions order is                         and/or flush water.                                    following exceptions apply:
                                                    specifically tailored to the timeframe                     (5) Human Waste: The depositing of                     (1) All aircraft operations, including
                                                    that is necessary to provide a safe                     human waste (liquid and/or solid) on                   ultra-light and helicopter landings and
                                                    environment for the public and for                      the playa/ground surface is prohibited.                takeoffs will occur at the designated
                                                                                                               (6) Trash: The discharge of any and all             88NV Black Rock City Airport landing
                                                    participants at the Burning Man event,
                                                                                                            trash/litter (Matter Out Of Place                      strips and areas defined by airport
                                                    and to protect public land resources
                                                                                                            (MOOP)) onto the playa/ground surface                  management. All takeoffs and landings
                                                    while avoiding imposing restrictions
                                                                                                            is prohibited. All event participants                  will occur only during the hours of
                                                    that may not be necessary in the area
                                                                                                            must pack out and properly dispose of                  operation of the airport as described in
                                                    during the remainder of the year.
                                                                                                            all trash at an appropriate disposal                   the Burning Man Operating Plan. All
                                                       The BLM will post information signs
                                                                                                            facility off the playa.                                pilots that use the Black Rock City
                                                    and maps about the temporary closure
                                                                                                               (7) Hazardous Materials: The                        Airport must agree to and abide by the
                                                    and temporary restrictions at main entry
                                                                                                            dumping or discharge of vehicle oil,                   published airport rules and regulations;
                                                    points around the playa, at the BLM
                                                                                                            petroleum products, or other hazardous                    (2) Only helicopters providing
                                                    Winnemucca District Office, at the
                                                                                                            household, commercial, or industrial                   emergency medical services may land at
                                                    Nevada State Office, at the Black Rock
                                                                                                            refuse or waste onto the playa/ground                  the designated Emergency Medical
                                                    Visitor Center and on the BLM’s Web
                                                                                                            surface is prohibited. This applies to all             Services helicopter pad or at other
                                                    site: www.blm.gov/nv/st/en/fo/wfo.html.
                                                                                                            recreational vehicles, trailers,                       locations when required for medical
                                                       In addition to the Nevada Collateral
                                                                                                            motorhomes, port-a-potties, generators,                incidents. The BLM authorized officer
                                                    Forfeiture and Bail Schedule as
                                                                                                            and other camp infrastructure.                         or his/her delegated representative may
                                                    authorized by the United States District                   (8) Fuel Storage: All fuel must be
                                                    Court, District of Nevada and under the                                                                        approve other helicopter landings and
                                                                                                            stored in a designated fuel storage area               takeoffs when deemed necessary for the
                                                    authority of Section 303(a) of FLPMA,                   located at least ten feet away from any
                                                    43 CFR 8360.0–7, and 43 CFR 8364.1,                                                                            benefit of the law enforcement
                                                                                                            flammable materials, including vehicles                operation; and
                                                    the BLM will enforce a temporary                        and camping trailers. Fuel storage areas
                                                    public closure and the following                                                                                  (3) Landings or takeoffs of lighter-
                                                                                                            must be provided with shade to prevent                 than-air craft previously approved by
                                                    temporary restrictions will apply within                fuel containers from bloating, leaking, or
                                                    and adjacent to the Burning Man event                                                                          the BLM authorized officer may occur.
                                                                                                            spilling. The storage of more than 110
                                                    on the Black Rock Desert playa from                     gallons of fuel in a single camp is                    (d) Alcohol/Prohibited Substance
                                                    August 1 through September 21, 2016:                    prohibited. Storage areas for over 20                     (1) Possession of an open container of
                                                    Temporary Restrictions                                  gallons of fuel must include a secondary               an alcoholic beverage by the driver or
                                                                                                            containment measure capable of holding                 operator of any motorized vehicle,
                                                    (a) Environmental Resource                              110 percent of the fuel being stored to                whether or not the vehicle is in motion,
                                                    Management and Protection                               prevent leaks and spills onto the playa/               is prohibited.
                                                       (1) No person may deface, disturb,                   ground surface. Storage areas for less
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                      (2) Possession of alcohol by minors:
                                                    remove, or destroy any natural object.                  than 20 gallons of fuel must include a                    The following are prohibited:
                                                       (2) Fires/Campfires: The ignition of                 tarp, plywood, or other measure to                        (i) Consumption or possession of any
                                                    fires on the surface of the Black Rock                  prevent leaks and spills onto the playa/               alcoholic beverage by a person under 21
                                                    playa without a burn blanket or burn                    ground surface.                                        years of age on public lands; and
                                                    pan is prohibited. Campfires may only                      (9) Water Discharge: The                               (ii) Selling, offering to sell, or
                                                    be burned in containers that are stably                 unauthorized dumping or discharge of                   otherwise furnishing or supplying any
                                                    elevated above the playa/ground surface                 water onto the playa/ground surface,                   alcoholic beverage to a person under 21
                                                    and in a manner that do not pose a risk                 onto city streets and/or other public                  years of age on public lands.


                                               VerDate Sep<11>2014   19:05 Jun 30, 2016   Jkt 238001   PO 00000   Frm 00048   Fmt 4703   Sfmt 4703   E:\FR\FM\01JYN1.SGM   01JYN1


                                                    43230                             Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices

                                                      (3) Operation of a motor vehicle while                determined by and administered at the                  violation of any state or Federal law, or
                                                    under the influence of alcohol,                         direction of an authorized law                         regulation issued pursuant to law.
                                                    narcotics, or dangerous drugs:                          enforcement officer.
                                                                                                               (D) Any test shall be conducted using               (f) Disorderly Conduct
                                                      (i) Title 43 CFR 8341.1(f)(3) prohibits
                                                    the operation of an off-road motor                      accepted scientific methods and                           (1) Disorderly conduct is prohibited.
                                                    vehicle on public land while under the                  equipment of proven accuracy and                       Disorderly conduct means that an
                                                    influence of alcohol, narcotics, or                     reliability operated by personnel                      individual, with the intent of recklessly
                                                    dangerous drugs.                                        certified in its use.                                  causing public alarm, nuisance,
                                                      (ii) In addition to the prohibition                      (iiii) Presumptive levels:                          jeopardy, or violence, or recklessly
                                                    found at 43 CFR 8341.1(f)(3), it is                        (A) The results of chemical or other                creating a risk thereof:
                                                    prohibited for any person to operate or                 quantitative tests are intended to                        (i) Engages in fighting or violent
                                                    be in actual physical control of a motor                supplement the elements of probable                    behavior;
                                                    vehicle while:                                          cause used as the basis for the arrest of                 (ii) Uses language, an utterance, or
                                                      (A) The operator is under the                         an operator charged with a violation of                gesture, or engages in a display or act
                                                    combined influence of alcohol, a drug,                  paragraph (i) of this section. If the                  that is physically threatening or
                                                    or drugs to a degree that renders the                   alcohol concentration in the operator’s                menacing, or done in a manner that is
                                                    operator incapable of safe operation of                 blood or breath at the time of testing is              likely to inflict injury or incite an
                                                    that vehicle; or                                        less than alcohol concentrations                       immediate breach of the peace.
                                                      (B) The alcohol concentration in the                  specified in paragraph (ii)(B) of this                    (iii) Obstructs, resists, or attempts to
                                                    operator’s blood or breath is 0.08 grams                section, this fact does not give rise to               elude a law enforcement officer, or fails
                                                    or more of alcohol per 100 milliliters of               any presumption that the operator is or                to follow their orders or directions.
                                                    blood or 0.08 grams or more of alcohol                  is not under the influence of alcohol.
                                                                                                               (B) The provisions of paragraph                     (g) Eviction of Persons
                                                    per 210 liters of breath.
                                                      (C) The amount of a prohibited                        (iv)(A) of this section are not intended                  (1) The public closure area is closed
                                                    substance in the operator’s urine or                    to limit the introduction of any other                 to any person who:
                                                    blood is equal to or greater than the                   competent evidence bearing upon the                       (i) Has been evicted from the event by
                                                    following nanograms per milliliter (ng/                 question of whether the operator, at the               the permit holder, whether or not the
                                                    ml):                                                    time of the alleged violation, was under               eviction was requested by the BLM;
                                                      (1) Amphetamine: Urine, 500 ng/ml;                    the influence of alcohol, a drug or                       (ii) Has been evicted from the event
                                                    blood, 100 ng/ml;                                       multiple drugs, or any combination                     by the BLM; or
                                                      (2) Cocaine: Urine, 150 ng/ml; blood,                 thereof.                                                  (iii) Has been ordered by a law
                                                    50 ng/ml;                                                                                                      enforcement officer to leave the area of
                                                                                                            iv. Definitions                                        the permitted event.
                                                      (3) Cocaine metabolite: Urine,150 ng/
                                                    ml; blood, 50 ng/ml;                                      (A) Open container: Any bottle, can,                    (2) Any person evicted from the event
                                                      (4) Heroin: Urine, 2,000 ng/ml; blood,                or other container which contains an                   forfeits all privileges to be present
                                                    50 ng/ml;                                               alcoholic beverage, if that container                  within the perimeter fence or anywhere
                                                      (5) Heroin metabolite:                                does not have a closed top or lid for                  else within the public closure area even
                                                      (i) Morphine: Urine, 2,000 ng/ml;                     which the seal has not been broken. If                 if they possess a ticket to attend the
                                                    blood, 50 ng/ml;                                        the container has been opened one or                   event.
                                                      (ii) 6-monoacetyl morphine: Urine, 10                 more times, and the lid or top has been
                                                                                                                                                                   (h) Motor Vehicles
                                                    ng/ml; blood, 10 ng/ml;                                 replaced, that container is an open
                                                      (6) Lysergic acid diethylamide: Urine,                container.                                                (1) Motor vehicles must comply with
                                                    25 ng/ml; blood, 10 ng/ml;                                (B) Possession of an open container                  the following requirements:
                                                      (7) Marijuana: Urine, 10 ng/ml; blood,                includes any open container that is                       (i) The operator of a motor vehicle
                                                    2 ng/ml;                                                physically possessed by the driver or                  must possess a valid driver’s license.
                                                      (8) Marijuana metabolite: Urine, 15                   operator, or is adjacent to and reachable                 (ii) Motor vehicles and trailers must
                                                    ng/ml; blood, 5 ng/ml;                                  by that driver or operator. This includes,             possess evidence of valid registration,
                                                      (9) Methamphetamine: Urine, 500 ng/                   but is not limited to, containers in a cup             except for mutant vehicles, or other
                                                    ml; blood, 100 ng/ml;                                   holder or rack adjacent to the driver or               vehicles registered with the permitted
                                                      (10) Phencyclidine: Urine, 25 ng/ml;                  operator, containers on a vehicle floor                event organizers and operated within
                                                    blood,10 ng/ml;                                         next to the driver or operator, and                    the scope of that registration.
                                                      (iii) Tests:                                          containers on a seat or console area next                 (iii) Motor vehicles must possess
                                                      (A) At the request or direction of any                to a driver or operator.                               evidence of valid insurance, except for
                                                    law enforcement officer authorized by                                                                          mutant vehicles, or other vehicles
                                                    the Department of the Interior to enforce               (e) Drug Paraphernalia                                 registered with the permitted event
                                                    this closure and restriction order, who                    (1) The possession of drug                          organizers and operated within the
                                                    has probable cause to believe that an                   paraphernalia is prohibited.                           scope of that registration.
                                                    operator of a motor vehicle has violated                   (2) Definition: Drug paraphernalia                     (iv) Motor vehicles and trailers must
                                                    a provision of paragraph (i) or (ii) of this            means all equipment, products and                      not block a street used for vehicular
                                                    section, the operator shall submit to one               materials of any kind which are used,                  travel or a pedestrian pathway.
                                                    or more tests of the blood, breath, saliva,             intended for use, or designed for use in                  (v) Motor vehicles must not exceed
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    or urine for the purpose of determining                 planting, propagating, cultivating,                    the posted speed limit.
                                                    blood alcohol and drug content.                         growing, harvesting, manufacturing,                       (vi) No person shall occupy a trailer
                                                      (B) Refusal by an operator to submit                  compounding, converting, producing,                    while the motor vehicle is in transit
                                                    to a test is prohibited, and proof of                   preparing, testing, analyzing, packaging,              upon a roadway, except for mutant
                                                    refusal may be admissible in any related                repackaging, storing, containing,                      vehicles, or other vehicles registered
                                                    judicial proceeding.                                    concealing, injecting, ingesting, inhaling             with the permitted event organizers and
                                                      (C) Any test or tests for the presence                or otherwise introducing into the                      operated within the scope of that
                                                    of alcohol and drugs shall be                           human body a controlled substance in                   registration.


                                               VerDate Sep<11>2014   19:05 Jun 30, 2016   Jkt 238001   PO 00000   Frm 00049   Fmt 4703   Sfmt 4703   E:\FR\FM\01JYN1.SGM   01JYN1


                                                                                      Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices                                           43231

                                                       (vii) Motor vehicles, other than a                   land and which is self-propelled by a                     (2) Definitions:
                                                    motorcycle or golf cart, must be                        motor, but does not include any vehicle                   (i) Unmanned aircraft means an
                                                    equipped with at least two working                      operated on rails or any motorized                     aircraft operated without the possibility
                                                    headlamps, at least two functioning tail                wheelchair.                                            of direct human intervention from
                                                    lamps and at least two functioning brake                   (ii) Motorized wheelchair means a                   within or on the aircraft.
                                                    lights, except for mutant vehicles, or                  self-propelled wheeled device, designed                   (ii) An UAS is the unmanned aircraft
                                                    other vehicles registered with the                      solely for and used by a mobility-                     and all of the associated support
                                                    permitted event organizers and operated                 impaired person for locomotion.                        equipment, control station, data links,
                                                    within the scope of that registration, so                  (iii) ‘‘Trailer’’ means every vehicle               telemetry, communications and
                                                    long as they are adequately lit according               without motive power designed to carry                 navigation equipment, etc., necessary to
                                                    to Black Rock City, LLC Department of                   property or passengers wholly on its                   operate the unmanned aircraft.
                                                    Mutant Vehicle requirements.                            own structure and to be drawn by a
                                                       (viii) Trailers pulled by motor                      motor vehicle. This includes a U-Haul,                 (l) Lasers
                                                    vehicles must be equipped with at least                 Camp trailer, pop-up trailer, 4′ x 7′ or                  (1) The possession and/or use of
                                                    two functioning tail lamps and at least                 larger flatbed trailer, enclosed cargo                 handheld lasers are prohibited. A laser
                                                    two functioning brake lights.                           trailer, or RV style trailer.                          means any hand held laser beam device
                                                       (ix) Motor vehicles must display an                                                                         or demonstration laser product that
                                                                                                            (i) Public Camping
                                                    unobstructed rear license plate that is in                                                                     emits a single point of light amplified by
                                                    a place and position to be clearly                         The public closure area is closed to
                                                                                                            public camping with the following                      the stimulated emission of radiation that
                                                    visible, maintained free from foreign                                                                          is visible to the human eye.
                                                    materials, and in a condition to be                     exceptions:
                                                    clearly legible, except for mutant                         (1) The permitted event’s ticket                    (m) Weapons
                                                    vehicles, or other vehicles registered                  holders, who are camped in designated
                                                                                                            event areas provided by the permit                        (1) The possession of any weapon is
                                                    with the permitted event organizers and                                                                        prohibited except weapons within
                                                    operated within the scope of that                       holder;
                                                                                                               (2) Ticket holders who are camped in                motor vehicles passing, without
                                                    registration.                                                                                                  stopping, through the public closure
                                                       (2) The public closure area is closed                the authorized pilot camp;
                                                                                                               (3) The permit holder’s authorized                  area on the west or east playa roads.
                                                    to motor vehicle use, except as provided
                                                    below. Motor vehicles may be operated                   staff, contractors, and BLM authorized                    (2) The discharge of any weapon is
                                                    within the public closure area under the                event managers.                                        prohibited.
                                                    circumstances listed below:                             (j) Public Use                                            (3) The prohibitions above shall not
                                                       (i) Participant arrival and departure                                                                       apply to county, state, tribal and Federal
                                                    on designated routes;                                      The public closure area is closed to                law enforcement personnel who are
                                                       (ii) BLM, medical, law enforcement,                  use by members of the public, unless                   working in their official capacity at the
                                                    and firefighting vehicles are authorized                that person is traveling through, without              event.
                                                    at all times;                                           stopping, the public closure area on the                  (4) ‘‘Art projects’’ that include
                                                       (iii) Vehicles, mutant vehicles, or art              west or east playa roads; possesses a                  weapons and are sanctioned by the
                                                    cars operated by the permit holder’s                    valid ticket to attend the event; is an                permit holder will be permitted after
                                                    staff or contractors and service                        employee or authorized volunteer with                  obtaining authorization from the BLM
                                                    providers on behalf of the permit holder                the BLM, a law enforcement officer,                    authorized officer.
                                                    are authorized at all times. These                      emergency medical service provider,
                                                                                                                                                                      (5) Definitions:
                                                    vehicles must display evidence of event                 fire protection provider, or another
                                                                                                            public agency employee working at the                     (i) Weapon means a firearm,
                                                    registration at all times in such manner                                                                       compressed gas, or spring powered
                                                    that it is visible to the rear of the vehicle           event and that individual is assigned to
                                                                                                            the event; is a person working at or                   pistol or rifle, bow and arrow, cross
                                                    while the vehicle is in motion;                                                                                bow, blowgun, spear gun, hand-thrown
                                                       (iv) Vehicles used by disabled drivers               attending the event on behalf of the
                                                                                                            permit holder; or is authorized by the                 spear, sling shot, irritant gas device,
                                                    and displaying official state disabled                                                                         electric stunning or immobilization
                                                    driver license plates or placards are                   permit holder to be onsite prior to the
                                                                                                            commencement of the event for the                      device, explosive device, any
                                                    authorized at all times;                                                                                       implement designed to expel a
                                                       (v) Motorized skateboards, electric                  primary purpose of constructing,
                                                                                                            creating, designing or installing art,                 projectile, switch-blade knife, any blade
                                                    assist bicycles, or Go-Peds with or                                                                            which is greater than 10 inches in
                                                    without handlebars;                                     displays, buildings, facilities or other
                                                                                                            items and structures in connection with                length from the tip of the blade to the
                                                       (vi) Participant drop-off of approved
                                                                                                            the event; or is a commercial operation                edge of the hilt or finger guard nearest
                                                    burnable(s) and wood to the Burn
                                                                                                            to provide services to the event                       the blade (e.g., swords, dirks, daggers,
                                                    Garden/Wood Reclamation Stations
                                                                                                            organizers and/or participants                         machetes), or any other weapon the
                                                    (located on open playa at 3:00, 6:00,
                                                                                                            authorized by the permit holder through                possession of which is prohibited by
                                                    9:00 Promenades and the Man base)
                                                                                                            a contract or agreement and authorized                 state law. Exception: This rule does not
                                                    from 10:00 a.m. Sunday through the end
                                                                                                            by BLM through a Special Recreation                    apply in a kitchen or cooking
                                                    of day Tuesday, post event; and
                                                       (vii) Passage through, without                       Permit.                                                environment or where an event worker
                                                                                                                                                                   is wearing or utilizing a construction
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    stopping, the public closure area on the
                                                                                                            (k) Unmanned Aircraft Systems                          knife for their duties at the event.
                                                    west or east playa roads.
                                                       (viii) Support vehicles for art vehicles,              (1) The use of unmanned aircraft                        (ii) Firearm means any pistol,
                                                    mutant vehicles and theme camps will                    systems (UAS) is prohibited, unless the                revolver, rifle, shotgun, or other device
                                                    be allowed to drive to and from fueling                 operator is registered through and                     which is designed to, or may be readily
                                                    stations.                                               complies with the Remote Control BRC                   converted to, expel a projectile by the
                                                       (3) Definitions:                                     program (RCBRC) and operates the UAS                   ignition of a propellant.
                                                       (i) A motor vehicle is any device                    in accordance with Federal laws and                       (iii) Discharge means the expelling of
                                                    designed for and capable of travel over                 regulations.                                           a projectile from a weapon.


                                               VerDate Sep<11>2014   19:05 Jun 30, 2016   Jkt 238001   PO 00000   Frm 00050   Fmt 4703   Sfmt 4703   E:\FR\FM\01JYN1.SGM   01JYN1


                                                    43232                             Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices

                                                    (n) Penalties                                            205–1810. Persons with mobility                       absence of like, most similar in
                                                       Any person who violates the above                     impairments who will need special                     characteristics and uses with, the
                                                    rules and restrictions may be tried                      assistance in gaining access to the                   Subject Merchandise. In its original
                                                    before a United States Magistrate and                    Commission should contact the Office                  determination, its full first five-year
                                                    fined in accordance with 18 U.S.C.                       of the Secretary at 202–205–2000.                     review determination, and its expedited
                                                    3571, imprisoned no more than 12                         General information concerning the                    second five-year review, the
                                                    months under 43 U.S.C. 1733(a) and 43                    Commission may also be obtained by                    Commission defined the Domestic Like
                                                    CFR 8360.0–7, or both.                                   accessing its internet server (http://                Product as all ammonium nitrate
                                                       In accordance with 43 CFR 8365.1–7,                   www.usitc.gov). The public record for                 corresponding to Commerce’s scope.
                                                                                                             this proceeding may be viewed on the                     (4) The Domestic Industry is the U.S.
                                                    State or local officials may also impose
                                                                                                             Commission’s electronic docket (EDIS)                 producers as a whole of the Domestic
                                                    penalties for violations of Nevada law.
                                                                                                             at http://edis.usitc.gov.                             Like Product, or those producers whose
                                                       Authority: 43 CFR 8364.1.                                                                                   collective output of the Domestic Like
                                                                                                             SUPPLEMENTARY INFORMATION:
                                                    William Mack, Jr.,                                       Background.—On May 19, 2000, the                      Product constitutes a major proportion
                                                    Black Rock Field Office Manager,                         Department of Commerce suspended an                   of the total domestic production of the
                                                    Winnemucca District.                                     antidumping duty investigation on                     product. In its original determination,
                                                    [FR Doc. 2016–15681 Filed 6–30–16; 8:45 am]              imports of ammonium nitrate from                      its full first five-year review
                                                                                                             Russia (65 FR 37759, June 16, 2000).                  determination, and its expedited second
                                                    BILLING CODE 4310–HC–P
                                                                                                                                                                   five-year review determination, the
                                                                                                             Following five-year reviews by
                                                                                                                                                                   Commission defined the Domestic
                                                                                                             Commerce and the Commission,
                                                                                                                                                                   Industry as all domestic producers of
                                                    INTERNATIONAL TRADE                                      effective April 5, 2006, Commerce
                                                                                                                                                                   the Domestic Like Product.
                                                    COMMISSION                                               issued a continuation of the suspended                   (5) An Importer is any person or firm
                                                                                                             investigation on imports of ammonium                  engaged, either directly or through a
                                                    [Investigation No. 731–TA–856 (Third                     nitrate from Russia (71 FR 17080).
                                                    Review)]                                                                                                       parent company or subsidiary, in
                                                                                                             Effective May 2, 2011, Commerce                       importing the Subject Merchandise into
                                                    Ammonium Nitrate From Russia;                            terminated the suspension agreement                   the United States from a foreign
                                                    Institution of a Five-Year Review                        and issued an antidumping duty order                  manufacturer or through its selling
                                                                                                             (76 FR 23569, April 27, 2011).                        agent.
                                                    AGENCY: United States International                      Following the second five-year reviews                   Participation in the proceeding and
                                                    Trade Commission.                                        by Commerce and the Commission,                       public service list.—Persons, including
                                                    ACTION: Notice.                                          effective August 10, 2011, Commerce                   industrial users of the Subject
                                                                                                             issued a continuation of the                          Merchandise and, if the merchandise is
                                                    SUMMARY:    The Commission hereby gives                  antidumping duty order on imports of                  sold at the retail level, representative
                                                    notice that it has instituted a review                   ammonium nitrate from Russia (76 FR                   consumer organizations, wishing to
                                                    pursuant to the Tariff Act of 1930 (‘‘the                49449). The Commission is now                         participate in the proceeding as parties
                                                    Act’’), as amended, to determine                         conducting a third review pursuant to                 must file an entry of appearance with
                                                    whether revocation of the antidumping                    section 751(c) of the Act, as amended                 the Secretary to the Commission, as
                                                    duty order on ammonium nitrate from                      (19 U.S.C. 1675(c)), to determine                     provided in section 201.11(b)(4) of the
                                                    Russia would be likely to lead to                        whether revocation of the order would                 Commission’s rules, no later than 21
                                                    continuation or recurrence of material                   be likely to lead to continuation or                  days after publication of this notice in
                                                    injury. Pursuant to the Act, interested                  recurrence of material injury to the                  the Federal Register. The Secretary will
                                                    parties are requested to respond to this                 domestic industry within a reasonably                 maintain a public service list containing
                                                    notice by submitting the information                     foreseeable time. Provisions concerning               the names and addresses of all persons,
                                                    specified below to the Commission; 1 to                  the conduct of this proceeding may be                 or their representatives, who are parties
                                                    be assured of consideration, the                         found in the Commission’s Rules of                    to the proceeding.
                                                    deadline for responses is August 1,                      Practice and Procedure at 19 CFR parts                   Former Commission employees who
                                                    2016. Comments on the adequacy of                        201, Subparts A and B and 19 CFR part                 are seeking to appear in Commission
                                                    responses may be filed with the                          207, subparts A and F. The Commission                 five-year reviews are advised that they
                                                    Commission by September 14, 2016.                        will assess the adequacy of interested                may appear in a review even if they
                                                    DATES: Effective Date: July 1, 2016.                     party responses to this notice of                     participated personally and
                                                    FOR FURTHER INFORMATION CONTACT:                         institution to determine whether to                   substantially in the corresponding
                                                    Mary Messer (202–205–3193), Office of                    conduct a full review or an expedited                 underlying original investigation or an
                                                    Investigations, U.S. International Trade                 review. The Commission’s                              earlier review of the same underlying
                                                    Commission, 500 E Street SW.,                            determination in any expedited review                 investigation. The Commission’s
                                                    Washington, DC 20436. Hearing-                           will be based on the facts available,                 designated agency ethics official has
                                                    impaired persons can obtain                              which may include information                         advised that a five-year review is not the
                                                    information on this matter by contacting                 provided in response to this notice.                  same particular matter as the underlying
                                                    the Commission’s TDD terminal on 202–                       Definitions.—The following                         original investigation, and a five-year
                                                                                                             definitions apply to this review:                     review is not the same particular matter
                                                                                                                (1) Subject Merchandise is the class or            as an earlier review of the same
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                      1 No response to this request for information is

                                                    required if a currently valid Office of Management       kind of merchandise that is within the                underlying investigation for purposes of
                                                    and Budget (OMB) number is not displayed; the
                                                    OMB number is 3117–0016/USITC No. 16–5–359,
                                                                                                             scope of the five-year review, as defined             18 U.S.C. 207, the post employment
                                                    expiration date June 30, 2017. Public reporting          by the Department of Commerce.                        statute for Federal employees, and
                                                    burden for the request is estimated to average 15           (2) The Subject Country in this review             Commission rule 201.15(b) (19 CFR
                                                    hours per response. Please send comments                 is Russia.                                            201.15(b)), 79 FR 3246 (Jan. 17, 2014),
                                                    regarding the accuracy of this burden estimate to
                                                    the Office of Investigations, U.S. International Trade
                                                                                                                (3) The Domestic Like Product is the               73 FR 24609 (May 5, 2008).
                                                    Commission, 500 E Street SW., Washington, DC             domestically produced product or                      Consequently, former employees are not
                                                    20436.                                                   products which are like, or in the                    required to seek Commission approval


                                               VerDate Sep<11>2014   19:05 Jun 30, 2016   Jkt 238001   PO 00000   Frm 00051   Fmt 4703   Sfmt 4703   E:\FR\FM\01JYN1.SGM   01JYN1



Document Created: 2016-07-14 11:37:45
Document Modified: 2016-07-14 11:37:45
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesThe temporary closure and temporary restrictions will be in effect from August 1 to September 21, 2016.
ContactMr. William Mack, Jr., Black Rock Field Office 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.
FR Citation81 FR 43228 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR