82_FR_29435 82 FR 29312 - Temporary Closure and Temporary Restrictions of Specific Uses on Public Lands for the Burning Man Event (Permitted Event), Pershing County, NV

82 FR 29312 - 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 82, Issue 123 (June 28, 2017)

Page Range29312-29316
FR Document2017-13542

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 82 Issue 123 (Wednesday, June 28, 2017)
[Federal Register Volume 82, Number 123 (Wednesday, June 28, 2017)]
[Notices]
[Pages 29312-29316]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13542]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVWO3500.L51050000.EA0000.LVRCF1705280.241A.17XL5017AP 
MO#4500106771]


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 of temporary closure and restrictions.

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SUMMARY: 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 July 31, 2017, to September 20, 2017.

FOR FURTHER INFORMATION CONTACT: Mark E. Hall, Field Manager, BLM Black 
Rock Field Office, 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 Relay Service (FRS) at 1-800-877-8339 
to contact the above individual during normal business hours. The FRS 
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

[[Page 29313]]

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 and 2, those portions 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., un-surveyed,
    Secs. 25, 26, and 27;
    Sec. 28 and 33, those portions lying easterly of Washoe County 
Road 34;
    Secs. 34, 35, and 36.
T. 34 N., R. 24 E., partly un-surveyed,
    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., un-surveyed,
    Sec. 16, S\1/2\;
    Sec. 21;
    Sec. 22, W\1/2\NW\1/4\, SW\1/4\;
    Sec. 27, W\1/2\;
    Sec. 28;
    Sec. 33, that portion lying northwesterly of East Playa Road;
    Sec. 34, that portion of the W\1/2\ lying northwesterly of East 
Playa Road.

    The temporary closure area comprises 14,153 acres in Pershing 
County, Nevada and is necessary for the period of time from July 31, 
2017, to September 20, 2017, because of the Burning Man event, whose 
activities begin with fencing the site perimeter, Black Rock City 
setup, followed by the actual event (August 27 to September 4), Black 
Rock City tear down and cleanup, and final site cleanup. This event is 
authorized on public land under Special Recreation Permit #NVW03500-17-
01.
    The public closure area comprises about 13 percent of the Black 
Rock Desert playa. Public access to the other 87 percent of the playa 
outside the temporary closure area will remain open to dispersed casual 
use.
    The event area is fully contained within the temporary closure 
area. The event area is defined as the portion of the temporary closure 
area that: (1) Is entirely contained within the event perimeter fence, 
including 50 feet from the outside of the event perimeter fence; (2) 
Lies within 25 feet from the outside edge of the event access road; and 
(3) Includes the entirety of the aircraft parking area outside the 
event perimeter fence.
    The temporary closure and restrictions are necessary to provide a 
safe environment for the paid participants and 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 temporary closure and restrictions are also 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. The permitted event 
takes place within Pershing County, Nevada, a rural county with a small 
population and a small Sheriff's Department. Key BLM staff members--
including the authorizing officer for the 2017 event, the event 
incident commander, and the law enforcement operations chief--met with 
the Pershing County Sheriff and his planning team to coordinate and 
plan the 2017 event. The Sheriff's input and comments are incorporated 
in this closure order.
    The event attracts up to 70,000 paid participants to a remote, 
rural area, located more than 90 miles from urban infrastructure and 
support, including such services as public safety, emergency medical 
delivery, transportation, and communication. During the event, Black 
Rock City, the temporary city associated with the event, becomes one of 
the largest population areas in Nevada.
    A temporary closure and restrictions order, under the authority of 
43 CFR 8364.1, is appropriate for a single event. The temporary closure 
and restrictions are specifically tailored to the time frame 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 copies of the temporary closure, temporary 
restrictions, and an associated map in kiosks at access points to the 
Black Rock Desert playa as well as at the Gerlach Post Office, Bruno's 
Restaurant, Empire Store, Black Rock City offices, Friends of Black 
Rock-High Rock offices, the BLM--Nevada Black Rock Station near 
Gerlach, and the BLM--California Applegate Field Office. The BLM will 
also make the materials available on the Winnemucca District's external 
Web page at: http://www.blm.gov/nv/st/en/fo/wfo.htm.
    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 July 31, 2017, 
through September 20, 2017:

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 Desert playa without a burn blanket or burn pan is 
prohibited. Campfires may only be burned in containers that are 
sturdily elevated above the playa surface and in a manner that does not 
pose a risk of fire debris falling onto the playa surface. Plastic and 
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 a 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 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, or food scraps/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 or matter out 
of place onto the ground/playa 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

[[Page 29314]]

household, commercial, or industrial refuse or waste onto the playa 
surface is prohibited. This applies to all recreational vehicles, 
trailers, motorhomes, port-a-potties, generators, and other camp 
infrastructure.
    (8) Fuel Storage: Each camp storing fuel must establish a 
designated fuel storage area at least ten (10) feet from combustible 
materials; twenty five (25) feet from generators, vehicles, or camp 
trailers/RV's and any sources of ignition (such as cigarettes/open 
flame); and one hundred (100) feet from other designated fuel storage 
areas. Fuel containers shall not exceed 80 percent capacity per 
container. The storage of greater than 110 gallons of fuel in a single 
camp is prohibited. Storage areas for all fuel must include a secondary 
containment system that can hold a liquid volume equal to or greater 
than 110 percent of the largest container being stored. Secondary 
containment measures must comply with the following:
    (a) The secondary containment system must be free of cracks or gaps 
and constructed of materials impermeable to the fuel(s) being stored; 
and
    (b) The secondary containment system must be designed to allow the 
removal of any liquids captured resulting from leaks, spills, or 
precipitation.
    (9) Water Discharge: The unauthorized dumping or discharge of water 
onto the playa 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 
2017 Special Recreation Permit Stipulation for the permitted event, all 
vendors 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.

(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:
    (i) The following are prohibited:
    (A) Consumption or possession of any alcoholic beverage by a person 
under 21 years of age on public lands; and
    (B) Selling, offering to sell, or otherwise furnishing or supplying 
any alcoholic beverage to a person under 21 years of age on public 
lands.
    (3) Operation of a motor vehicle while under the influence of 
alcohol, narcotics, or dangerous drugs:
    (i) Title 43 CFR 8341.1(f)(3) prohibits the operation of an off-
road motor vehicle on public land while under the influence of alcohol, 
narcotics, or dangerous drugs.
    (ii) In addition to the prohibition found at 43 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) It is unlawful for any person to drive or be in actual physical 
control of a vehicle on a highway or on premises to which the public 
has access with an amount of a prohibited substance in his or her urine 
or blood that is equal to or greater than the following nanograms per 
milliliter (ng/ml):
    (1) Amphetamine: Urine, 500 ng/ml; blood, 100 ng/ml;
    (2) Cocaine: Urine, 150 ng/ml; blood, 50 ng/ml;
    (3) Cocaine metabolite: Urine, 150 ng/ml; blood, 50 ng/ml;
    (4) Heroin: Urine, 2,000 ng/ml; blood, 50 ng/ml;
    (5) Heroin metabolite:
    (i) Morphine: Urine, 2,000 ng/ml; blood, 50 ng/ml;
    (ii) 6-monoacetyl morphine: Urine, 10 ng/ml; blood, 10 ng/ml;
    (6) Lysergic acid diethylamide: Urine, 25 ng/ml; blood, 10 ng/ml;
    (7) Marijuana: Urine, 10 ng/ml; blood, 2 ng/ml;
    (8) Marijuana metabolite: Urine, 15 ng/ml; blood, 5 ng/ml;
    (9) Methamphetamine: Urine, 500 ng/ml; blood, 100 ng/ml;
    (10) Phencyclidine: Urine, 25 ng/ml; blood, 10 ng/ml;
    (iii) Tests:
    (A) At the request or direction of any law enforcement officer 
authorized by the Department of the Interior to enforce this closure 
and restriction order, who has probable cause to believe that an 
operator of a motor vehicle has violated a provision of paragraph (i) 
or (ii) of this section, the operator shall submit to one or more tests 
of the blood, breath, saliva, or urine for the purpose of determining 
blood alcohol and drug content.
    (B) Refusal by an operator to submit to a test is prohibited and 
proof of refusal may be admissible in any related judicial proceeding.
    (C) Any test or tests for the presence of alcohol and drugs shall 
be determined by and administered at the direction of an authorized law 
enforcement officer.
    (D) Any test shall be conducted by using accepted scientific 
methods and equipment of proven accuracy and reliability operated by 
personnel certified in its use.
    (iv) Presumptive levels:
    (A) The results of chemical or other quantitative tests are 
intended to supplement the elements of probable cause used as the basis 
for the arrest of an operator charged with a violation of paragraph (i) 
of this section. If the alcohol concentration in the operator's blood 
or breath at the time of testing is 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

[[Page 29315]]

question of whether the operator, at the time of the alleged violation, 
was under the influence of alcohol, a drug or multiple drugs or any 
combination thereof.
    (4) Definitions:
    (i) Open container: Any bottle, can, or other container which 
contains an alcoholic beverage, if that container does not have a 
closed top or lid for which the seal has not been broken. If the 
container has been opened one or more times, and the lid or top has 
been replaced, that container is an open container.
    (ii) Possession of an open container includes any open container 
that is physically possessed by the driver or operator or is adjacent 
to and reachable by that driver or operator. This includes, but is not 
limited, to containers in a cup holder or rack adjacent to the driver 
or operator, containers on a vehicle floor next to the driver or 
operator, and containers on a seat or console area next to a driver or 
operator.

(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.
    (2) Definition: Disorderly conduct means that an individual, with 
the intent of recklessly causing public alarm, nuisance, jeopardy, or 
violence; or recklessly creating a risk thereof:
    (i) Engages in fighting or violent behavior;
    (ii) Uses language, an utterance, or gesture or engages in a 
display or act that is physically threatening or menacing or done in a 
manner that is likely to inflict injury or incite an immediate breach 
of the peace.
    (iii) Obstructs, resists, or attempts to elude a law enforcement 
officer, or fails to follow their orders or directions.

(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;
    (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) 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 or designated speed 
limits. Posted or designated speed limits also apply to motorized 
skateboards, electric assist bicycles, and Go-Peds with handlebars.
    (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.
    (vii) During night hours, from a half-hour after sunset to a half-
hour before sunrise, motor vehicles, other than a motorcycle or golf 
cart--which require only one working headlamp, one working tail light, 
and one working break light--must be equipped with at least two working 
headlamps and at least two functioning tail lamps, 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) Motor vehicles, other than a motorcycle or golf cart, must 
display a red, amber, or yellow light brake light visible to the rear 
in normal sunlight upon application of the brake, 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.
    (ix) Trailers pulled by motor vehicles must be equipped with at 
least two functioning tail lamps and at least two functioning brake 
lights.
    (x) Motor vehicles must display an unobstructed rear license plate 
in a place and position to be clearly visible and must be 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 in such manner that it is visible to the 
rear of the vehicle while the vehicle is in motion;
    (iv) Vehicles used by disabled drivers and displaying official 
State-disabled-driver license plates or placards; or mutant vehicles 
and art cars, or other vehicles registered with the permit holder must 
display evidence of registration at all times in such manner that it is 
visible to the rear of the vehicle while the vehicle is in motion;
    (v) Participant drop-off of approved burnable material 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;
    (vi) Passage through, without stopping, the public closure area on 
the west or east playa roads;
    (vii) 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

[[Page 29316]]

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 camp trailers, pop-up trailers, 
4'x7' or larger flatbed trailers, enclosed cargo trailers, or RV style 
trailers.

(I) Public Camping

    The public closure area is closed to public camping with the 
following exception:
    The permitted event's ticket holders who are camped in designated 
event areas provided by the permit holder and ticket holders who are 
camped in the authorized pilot camp and the permit holder's authorized 
staff, contractors, and BLM-authorized event management related camps 
are exempt from this closure.

(J) Public Use

    The public closure area is closed to use by members of the public 
unless that person is traveling through, without stopping, the public 
closure area on the west or east playa roads; possesses a valid ticket 
to attend the event; is an employee or authorized volunteer with the 
BLM, a law enforcement officer, emergency medical service provider, 
fire protection provider, or another public agency employee working at 
the event and that individual is assigned to the event; is a person 
working at or attending the event on behalf of 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 authorized through and complies with the Remote 
Control BRC (RCBRC) program and operates the UAS in accordance with 
Federal laws and regulations, specifically the operational limitations 
under the Small Unmanned Aircraft Rule (Part 107).
    (2) Definition:
    (i) Unmanned aircraft means an aircraft operated without the 
possibility of direct human intervention from within or on the 
aircraft.
    (ii) 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 is prohibited.
    (2) Definition:
    (i) A laser means any hand held laser beam device or demonstration 
laser product that emits a single point of light amplified by the 
stimulated emission of radiation that is visible to the human eye.

(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. ``Art projects'' that include weapons 
and are sanctioned by the permit holder will be permitted after 
obtaining authorization from the BLM authorized officer.
    (4) Definitions:
    (i) Weapon means a firearm, compressed gas or spring powered pistol 
or rifle, bow and arrow, cross bow, blowgun, spear gun, hand-thrown 
spear, sling shot, irritant gas device, electric stunning or 
immobilization device, explosive device, any implement designed to 
expel a projectile, switch-blade knife, any blade which is greater than 
10 inches in length from the tip of the blade to the edge of the hilt 
or finger guard nearest the blade (e.g., swords, dirks, daggers, 
machetes) or any other weapon the possession of which is prohibited by 
State law. Exception: This rule does not apply in a kitchen or cooking 
environment or where an event worker is wearing or utilizing a 
construction knife for their duties at the event.
    (ii) Firearm means any pistol, revolver, rifle, shotgun, or other 
device which is designed to, or may be readily converted to expel, a 
projectile by the ignition of a propellant.
    (iii) Discharge means the expelling of a projectile from a weapon. 
Any person who violates the above rules and restrictions may be tried 
before a United States Magistrate and fined no more than $100,000, 
imprisoned no more than 12 months or both, in accordance with 18 U.S.C. 
3571(b), 43 U.S.C. 1733(a) and 43 CFR 8360.0-7. Such violations may 
also be subject to the enhanced penalties provided by 18 U.S.C. 3571 
and 3581. In accordance with 43 CFR 8365.1-7, State or local officials 
may also impose penalties for violations of Nevada law.

    Authority:  43 CFR 8364.1

Mark E. Hall,
Field Manager, Black Rock Field Office, Winnemucca District.
[FR Doc. 2017-13542 Filed 6-27-17; 8:45 am]
 BILLING CODE 4310-HC-P



                                                    29312                        Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Notices

                                                    identified above must file a written                    SUMMARY:    The plats of survey of lands               personal identifying information—may
                                                    notice of protest with the Chief                        described in this notice are scheduled to              be made publicly available at any time.
                                                    Cadastral Surveyor for Oregon/                          be officially filed in the Bureau of Land              While you can ask us in your comment
                                                    Washington, BLM. The notice of protest                  Management (BLM), California State                     to withhold your personal identifying
                                                    must identify the plat(s) of survey that                Office, Sacramento, California. The                    information from public review, we
                                                    the person or party wishes to protest.                  surveys, which were executed at the                    cannot guarantee that we will be able to
                                                    The notice of protest must be filed                     request of Bureau of Indian Affairs, U.S.              do so.
                                                    before the scheduled date of official                   Forest Service, and the BLM, are                         Authority: 43 U.S.C., Chapter 3.
                                                    filing for the plat(s) of survey being                  necessary for the management of these
                                                    protested. Any notice of protest filed                  lands.                                                 Jon L. Kehler,
                                                    after the scheduled date of official filing             DATES: Protests must be received by the                Chief Cadastral Surveyor, California.
                                                    will not be considered. A notice of                     BLM by July 28, 2017.                                  [FR Doc. 2017–13538 Filed 6–27–17; 8:45 am]
                                                    protest is considered filed on the date it              ADDRESSES: A copy of the plats may be                  BILLING CODE 4310–40–P
                                                    is received by the Chief Cadastral                      obtained from the Bureau of Land
                                                    Surveyor for Oregon/Washington during                   Management, California State Office,
                                                    regular business hours; if received after               2800 Cottage Way W–1623, Sacramento,                   DEPARTMENT OF THE INTERIOR
                                                    regular business hours, a notice of                     California 95825, upon required
                                                    protest will be considered filed the next                                                                      Bureau of Land Management
                                                                                                            payment. Please use this address when
                                                    business day. A written statement of                    filing written protests.                               [LLNVWO3500.L51050000.EA0000.
                                                    reasons in support of a protest, if not                 FOR FURTHER INFORMATION CONTACT: Jon                   LVRCF1705280.241A.17XL5017AP
                                                    filed with the notice of protest, must be               Kehler, Chief, Branch of Cadastral                     MO#4500106771]
                                                    filed with the Chief Cadastral Surveyor                 Survey, Bureau of Land Management,
                                                    for Oregon/Washington within 30                                                                                Temporary Closure and Temporary
                                                                                                            California State Office, 2800 Cottage
                                                    calendar days after the notice of protest                                                                      Restrictions of Specific Uses on Public
                                                                                                            Way W–1623, Sacramento, California
                                                    is filed. If a notice of protest against a                                                                     Lands for the Burning Man Event
                                                                                                            95825; 1–916–978–4310; jkehler@
                                                    plat of survey is received prior to the                                                                        (Permitted Event), Pershing County,
                                                                                                            blm.gov. Persons who use a
                                                    scheduled date of official filing, the                                                                         NV
                                                                                                            telecommunications device for the deaf
                                                    official filing of the plat of survey                   may call the Federal Relay Service (FRS)               AGENCY:   Bureau of Land Management,
                                                    identified in the notice of protest will be             at 1–800–877–8339 to contact the above                 Interior.
                                                    stayed pending consideration of the                     individual during normal business
                                                    protest. A plat of survey will not be                                                                          ACTION: Notice of temporary closure and
                                                                                                            hours. The FRS is available 24 hours a                 restrictions.
                                                    officially filed until the next business                day, 7 days a week, to leave a message
                                                    day following dismissal or resolution of                or question with the above individual.                 SUMMARY:   Under the authority of the
                                                    all protests of the plat.                               You will receive a reply during normal                 Federal Land Policy and Management
                                                       Before including your address, phone                 business hours.                                        Act of 1976, as amended (FLPMA), the
                                                    number, email address, or other                         SUPPLEMENTARY INFORMATION: The lands                   Bureau of Land Management (BLM)
                                                    personal identifying information in a                   surveyed are:                                          Winnemucca District, Black Rock Field
                                                    notice of protest or statement of reasons,                                                                     Office, will implement a temporary
                                                    you should be aware that the documents                  Mount Diablo Meridian, California
                                                                                                                                                                   closure and temporary restrictions to
                                                    you submit—including your personal                      T. 5 N., R. 13 E., dependent resurvey and              protect public safety and resources on
                                                    identifying information—may be made                          subdivision, accepted December 5, 2016.
                                                                                                            T. 10 N., R. 21 E., dependent resurvey,
                                                                                                                                                                   public lands within and adjacent to the
                                                    publicly available in their entirety at                                                                        Burning Man event on the Black Rock
                                                                                                                 accepted January 31, 2017.
                                                    any time. While you can ask us to                                                                              Desert playa.
                                                                                                            T. 10 N., R. 22 E., dependent resurvey,
                                                    withhold your personal identifying                           accepted January 31, 2017.                        DATES: The temporary closure and
                                                    information from public review, we                      T. 11 N., R. 21 E., dependent resurvey and             temporary restrictions will be in effect
                                                    cannot guarantee that we will be able to                     subdivision, accepted February 2, 2017.           from July 31, 2017, to September 20,
                                                    do so.                                                  T. 41 N., R. 9 E., dependent resurvey and
                                                                                                                 subdivision, accepted February 1, 2017.           2017.
                                                       Authority: 43 U.S.C. Ch. 3.
                                                                                                               A person or party who wishes to                     FOR FURTHER INFORMATION CONTACT:
                                                    Mary J.M. Hartel,                                       protest a survey must file a notice that               Mark E. Hall, Field Manager, BLM Black
                                                    Chief Cadastral Surveyor of Oregon/                     they wish to protest with the Chief,                   Rock Field Office, Winnemucca District,
                                                    Washington.                                             Branch of Cadastral Survey. A statement                5100 E. Winnemucca Blvd.,
                                                    [FR Doc. 2017–13544 Filed 6–27–17; 8:45 am]             of reasons for a protest may be filed                  Winnemucca, NV 89445–2921;
                                                    BILLING CODE 4310–33–P                                  with the notice of protest and must be                 telephone: 775–623–1500; email:
                                                                                                            filed with the Chief, Branch of Cadastral              mehall@blm.gov. Persons who use a
                                                                                                            Survey, within 30 days after the protest               telecommunications device for the deaf
                                                    DEPARTMENT OF THE INTERIOR                              is filed. If a protest against the survey is           (TDD) may call the Federal Relay
                                                                                                            received prior to the date of official                 Service (FRS) at 1–800–877–8339 to
                                                    Bureau of Land Management                                                                                      contact the above individual during
                                                                                                            filing, the filing will be stayed pending
                                                                                                                                                                   normal business hours. The FRS is
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                            consideration of the protest. A plat will
                                                    [LLCA942000 L57000000.BX0000 15X                        not be officially filed until the day after            available 24 hours a day, 7 days a week,
                                                    L5017AR]                                                                                                       to leave a message or question with the
                                                                                                            all protests have been dismissed or
                                                                                                            otherwise resolved.                                    above individual. You will receive a
                                                    Filing of Plats of Survey: California                                                                          reply during normal hours.
                                                                                                               Before including your address, phone
                                                    AGENCY:   Bureau of Land Management,                    number, email address, or other                        SUPPLEMENTARY INFORMATION: The
                                                    Interior.                                               personal identifying information in your               temporary closure and temporary
                                                                                                            comment, you should be aware that                      restrictions affect public lands within
                                                    ACTION: Notice of official filing.
                                                                                                            your entire comment—including your                     and adjacent to the Burning Man event


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                                                                                 Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Notices                                             29313

                                                    permitted on the Black Rock Desert                      the outside of the event perimeter fence;              Winnemucca District’s external Web
                                                    playa within the Black Rock Desert-High                 (2) Lies within 25 feet from the outside               page at: http://www.blm.gov/nv/st/en/
                                                    Rock Canyon Emigrant Trails National                    edge of the event access road; and (3)                 fo/wfo.htm.
                                                    Conservation Area in Pershing County,                   Includes the entirety of the aircraft                    In addition to the Nevada Collateral
                                                    Nevada. The legal description of the                    parking area outside the event perimeter               Forfeiture and Bail Schedule as
                                                    affected public lands in the temporary                  fence.                                                 authorized by the United States District
                                                    public closure area is Mount Diablo                        The temporary closure and                           Court, District of Nevada and under the
                                                    Meridian, Nevada:                                       restrictions are necessary to provide a                authority of Section 303(a) of FLPMA,
                                                    T. 33 N., R. 24 E., unsurveyed,
                                                                                                            safe environment for the paid                          43 CFR 8360.0–7 and 43 CFR 8364.1,
                                                      Sec. 1 and 2, those portions lying                    participants and members of the public                 the BLM will enforce a temporary
                                                        northwesterly of East Playa Road;                   visiting the Black Rock Desert, and to                 public closure and the following
                                                      Sec. 3;                                               protect public-land resources by                       temporary restrictions will apply within
                                                      Sec. 4, that portion lying southeasterly of           addressing law-enforcement and public-                 and adjacent to the Burning Man event
                                                        Washoe County Road 34;                              safety concerns associated with the                    on the Black Rock Desert playa from
                                                      Sec. 5;                                               event. The temporary closure and                       July 31, 2017, through September 20,
                                                      Sec. 8, NE1⁄4;                                        restrictions are also necessary to enable
                                                      Sec. 9, N1⁄2;                                                                                                2017:
                                                                                                            BLM law enforcement personnel to
                                                      Sec. 10, N1⁄2;                                                                                               Temporary Restrictions
                                                      Sec. 11, that portion of the N1⁄2 lying               provide for public safety and to protect
                                                        northwesterly of East Playa Road.                   the public lands as well as to support                 (A) Environmental Resource
                                                    T. 331⁄2 N., R. 24 E., un-surveyed,                     and assist State and local agencies with               Management and Protection
                                                      Secs. 25, 26, and 27;                                 enforcement of existing laws. The
                                                      Sec. 28 and 33, those portions lying                  permitted event takes place within                        (1) No person may deface, disturb,
                                                        easterly of Washoe County Road 34;                  Pershing County, Nevada, a rural county                remove or destroy any natural object.
                                                      Secs. 34, 35, and 36.                                 with a small population and a small                       (2) Fires/Campfires: The ignition of
                                                    T. 34 N., R. 24 E., partly un-surveyed,                 Sheriff’s Department. Key BLM staff                    fires on the surface of the Black Rock
                                                      Sec. 23, S1⁄2;
                                                                                                            members—including the authorizing                      Desert playa without a burn blanket or
                                                      Sec. 24, S1⁄2;                                                                                               burn pan is prohibited. Campfires may
                                                      Secs. 25 and 26;                                      officer for the 2017 event, the event
                                                                                                            incident commander, and the law                        only be burned in containers that are
                                                      Sec. 27, E1⁄2NE1⁄4, E1⁄2SW1⁄4, SE1⁄4;                                                                        sturdily elevated above the playa
                                                      Sec. 33, NE1⁄4NE1⁄4, S1⁄2NE1⁄4, that portion          enforcement operations chief—met with
                                                        of the SW1⁄4 lying northeasterly of                 the Pershing County Sheriff and his                    surface and in a manner that does not
                                                    Washoe County Road 34, SE1⁄4;                           planning team to coordinate and plan                   pose a risk of fire debris falling onto the
                                                      Secs. 34, 35, and 36.                                 the 2017 event. The Sheriff’s input and                playa surface. Plastic and nonflammable
                                                    T. 33 N., R. 25 E.,                                     comments are incorporated in this                      materials may not be burned in
                                                      Sec. 4, that portion lying northwesterly of           closure order.                                         campfires. The ignition of fires other
                                                        East Playa Road.                                       The event attracts up to 70,000 paid                than a campfire is prohibited. This
                                                    T. 34 N., R. 25 E., un-surveyed,                                                                               restriction does not apply to event-
                                                      Sec. 16, S1⁄2;
                                                                                                            participants to a remote, rural area,
                                                                                                            located more than 90 miles from urban                  sanctioned and regulated art burns
                                                      Sec. 21;
                                                      Sec. 22, W1⁄2NW1⁄4, SW1⁄4;                            infrastructure and support, including                  during the event.
                                                      Sec. 27, W1⁄2;                                        such services as public safety,                           (3) Fireworks: The use, sale or
                                                      Sec. 28;                                              emergency medical delivery,                            possession of personal fireworks is
                                                      Sec. 33, that portion lying northwesterly of          transportation, and communication.                     prohibited except for uses of fireworks
                                                        East Playa Road;                                    During the event, Black Rock City, the                 approved by a permit holder and used
                                                      Sec. 34, that portion of the W1⁄2 lying               temporary city associated with the                     as part of a Burning Man sanctioned art
                                                        northwesterly of East Playa Road.                   event, becomes one of the largest                      burn event.
                                                       The temporary closure area comprises                 population areas in Nevada.                               (4) Grey and Black Water Discharge:
                                                    14,153 acres in Pershing County,                           A temporary closure and restrictions                The discharge and dumping of grey
                                                    Nevada and is necessary for the period                  order, under the authority of 43 CFR                   water onto the playa/ground surface is
                                                    of time from July 31, 2017, to September                8364.1, is appropriate for a single event.             prohibited. Grey water is defined as
                                                    20, 2017, because of the Burning Man                    The temporary closure and restrictions                 water that has been used for cooking,
                                                    event, whose activities begin with                      are specifically tailored to the time                  washing, dishwashing, or bathing and/
                                                    fencing the site perimeter, Black Rock                  frame that is necessary to provide a safe              or contains soap, detergent, or food
                                                    City setup, followed by the actual event                environment for the public and for                     scraps/residue, regardless of whether
                                                    (August 27 to September 4), Black Rock                  participants at the Burning Man event                  such products are biodegradable or have
                                                    City tear down and cleanup, and final                   and to protect public land resources                   been filtered or disinfected. Black water
                                                    site cleanup. This event is authorized on               while avoiding imposing restrictions                   is defined as waste water containing
                                                    public land under Special Recreation                    that may not be necessary in the area                  feces, urine, and/or flush water.
                                                    Permit #NVW03500–17–01.                                 during the remainder of the year.                         (5) Human Waste: The depositing of
                                                       The public closure area comprises                       The BLM will post copies of the                     human waste (liquid and/or solid) on
                                                    about 13 percent of the Black Rock                      temporary closure, temporary                           the playa/ground surface is prohibited.
                                                    Desert playa. Public access to the other                restrictions, and an associated map in                    (6) Trash: The discharge of any and
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    87 percent of the playa outside the                     kiosks at access points to the Black Rock              all trash/litter or matter out of place
                                                    temporary closure area will remain open                 Desert playa as well as at the Gerlach                 onto the ground/playa surface is
                                                    to dispersed casual use.                                Post Office, Bruno’s Restaurant, Empire                prohibited. All event participants must
                                                       The event area is fully contained                    Store, Black Rock City offices, Friends                pack out and properly dispose of all
                                                    within the temporary closure area. The                  of Black Rock-High Rock offices, the                   trash at an appropriate disposal facility
                                                    event area is defined as the portion of                 BLM—Nevada Black Rock Station near                     off the playa.
                                                    the temporary closure area that: (1) Is                 Gerlach, and the BLM—California                           (7) Hazardous Materials: The
                                                    entirely contained within the event                     Applegate Field Office. The BLM will                   dumping or discharge of vehicle oil,
                                                    perimeter fence, including 50 feet from                 also make the materials available on the               petroleum products, or other hazardous


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                                                    29314                        Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Notices

                                                    household, commercial, or industrial                    88NV Black Rock City Airport landing                   greater than the following nanograms
                                                    refuse or waste onto the playa surface is               strips and areas defined by airport                    per milliliter (ng/ml):
                                                    prohibited. This applies to all                         management. All takeoffs and landings                     (1) Amphetamine: Urine, 500 ng/ml;
                                                    recreational vehicles, trailers,                        will occur only during the hours of                    blood, 100 ng/ml;
                                                    motorhomes, port-a-potties, generators,                 operation of the airport as described in                  (2) Cocaine: Urine, 150 ng/ml; blood,
                                                    and other camp infrastructure.                          the Burning Man Operating Plan. All                    50 ng/ml;
                                                       (8) Fuel Storage: Each camp storing                  pilots that use the Black Rock City                       (3) Cocaine metabolite: Urine, 150 ng/
                                                    fuel must establish a designated fuel                   Airport must agree to and abide by the                 ml; blood, 50 ng/ml;
                                                    storage area at least ten (10) feet from                published airport rules and regulations;                  (4) Heroin: Urine, 2,000 ng/ml; blood,
                                                    combustible materials; twenty five (25)                    (2) Only helicopters providing                      50 ng/ml;
                                                    feet from generators, vehicles, or camp                 emergency medical services may land at                    (5) Heroin metabolite:
                                                    trailers/RV’s and any sources of ignition               the designated Emergency Medical                          (i) Morphine: Urine, 2,000 ng/ml;
                                                    (such as cigarettes/open flame); and one                Services helicopter pad or at other                    blood, 50 ng/ml;
                                                    hundred (100) feet from other                           locations when required for medical                       (ii) 6-monoacetyl morphine: Urine, 10
                                                    designated fuel storage areas. Fuel                     incidents. The BLM authorized officer                  ng/ml; blood, 10 ng/ml;
                                                    containers shall not exceed 80 percent                  or his/her delegated representative may                   (6) Lysergic acid diethylamide: Urine,
                                                    capacity per container. The storage of                  approve other helicopter landings and                  25 ng/ml; blood, 10 ng/ml;
                                                    greater than 110 gallons of fuel in a                   takeoffs when deemed necessary for the                    (7) Marijuana: Urine, 10 ng/ml; blood,
                                                    single camp is prohibited. Storage areas                benefit of the law enforcement                         2 ng/ml;
                                                    for all fuel must include a secondary                   operation; and                                            (8) Marijuana metabolite: Urine, 15
                                                    containment system that can hold a                                                                             ng/ml; blood, 5 ng/ml;
                                                                                                               (3) Landings or takeoffs of lighter-
                                                    liquid volume equal to or greater than                                                                            (9) Methamphetamine: Urine, 500 ng/
                                                                                                            than-air craft previously approved by
                                                    110 percent of the largest container                                                                           ml; blood, 100 ng/ml;
                                                                                                            the BLM authorized officer.
                                                    being stored. Secondary containment                                                                               (10) Phencyclidine: Urine, 25 ng/ml;
                                                    measures must comply with the                           (D) Alcohol/Prohibited Substance                       blood, 10 ng/ml;
                                                                                                                                                                      (iii) Tests:
                                                    following:                                                 (1) Possession of an open container of
                                                       (a) The secondary containment system                                                                           (A) At the request or direction of any
                                                                                                            an alcoholic beverage by the driver or                 law enforcement officer authorized by
                                                    must be free of cracks or gaps and                      operator of any motorized vehicle,
                                                    constructed of materials impermeable to                                                                        the Department of the Interior to enforce
                                                                                                            whether or not the vehicle is in motion,               this closure and restriction order, who
                                                    the fuel(s) being stored; and                           is prohibited.
                                                       (b) The secondary containment                                                                               has probable cause to believe that an
                                                                                                               (2) Possession of alcohol by minors:                operator of a motor vehicle has violated
                                                    system must be designed to allow the                       (i) The following are prohibited:
                                                    removal of any liquids captured                                                                                a provision of paragraph (i) or (ii) of this
                                                                                                               (A) Consumption or possession of any                section, the operator shall submit to one
                                                    resulting from leaks, spills, or                        alcoholic beverage by a person under 21
                                                    precipitation.                                                                                                 or more tests of the blood, breath, saliva,
                                                                                                            years of age on public lands; and                      or urine for the purpose of determining
                                                       (9) Water Discharge: The                                (B) Selling, offering to sell, or
                                                    unauthorized dumping or discharge of                                                                           blood alcohol and drug content.
                                                                                                            otherwise furnishing or supplying any                     (B) Refusal by an operator to submit
                                                    water onto the playa surface, onto city                 alcoholic beverage to a person under 21
                                                    streets, and/or other public areas or onto                                                                     to a test is prohibited and proof of
                                                                                                            years of age on public lands.                          refusal may be admissible in any related
                                                    camp electric systems in a manner that                     (3) Operation of a motor vehicle while
                                                    creates a hazard or nuisance is                                                                                judicial proceeding.
                                                                                                            under the influence of alcohol,                           (C) Any test or tests for the presence
                                                    prohibited. This provision does not                     narcotics, or dangerous drugs:
                                                    prohibit the use of water trucks                                                                               of alcohol and drugs shall be
                                                                                                               (i) Title 43 CFR 8341.1(f)(3) prohibits             determined by and administered at the
                                                    contracted by the event organizer to                    the operation of an off-road motor
                                                    provide dust abatement measures.                                                                               direction of an authorized law
                                                                                                            vehicle on public land while under the                 enforcement officer.
                                                    (B) Commercial Activities                               influence of alcohol, narcotics, or                       (D) Any test shall be conducted by
                                                      In accordance with Handbook H–                        dangerous drugs.                                       using accepted scientific methods and
                                                    2930–1 Chapter 1–C. Vending and the                        (ii) In addition to the prohibition                 equipment of proven accuracy and
                                                    2017 Special Recreation Permit                          found at 43 CFR 8341.1(f)(3), it is                    reliability operated by personnel
                                                    Stipulation for the permitted event, all                prohibited for any person to operate or                certified in its use.
                                                    vendors and air carrier services must                   be in actual physical control of a motor                  (iv) Presumptive levels:
                                                    provide proof of authorization to                       vehicle while:                                            (A) The results of chemical or other
                                                    operate at the event issued by the                         (A) The operator is under the                       quantitative tests are intended to
                                                    permitting agency and/or the permit                     combined influence of alcohol, a drug,                 supplement the elements of probable
                                                    holder upon request. Failure to provide                 or drugs to a degree that renders the                  cause used as the basis for the arrest of
                                                    such authorization would potentially                    operator incapable of safe operation of                an operator charged with a violation of
                                                    result in eviction from the event.                      that vehicle; or                                       paragraph (i) of this section. If the
                                                                                                               (B) The alcohol concentration in the                alcohol concentration in the operator’s
                                                    (C) Aircraft Landing                                    operator’s blood or breath is 0.08 grams               blood or breath at the time of testing is
                                                                                                            or more of alcohol per 100 milliliters of
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                                                      The public closure area is closed to                                                                         less than alcohol concentrations
                                                    aircraft landing, taking off, and taxiing.              blood or 0.08 grams or more of alcohol                 specified in paragraph (ii)(B) of this
                                                    Aircraft is defined in Title 18, U.S.C.,                per 210 liters of breath.                              section, this fact does not give rise to
                                                    section 31(a)(1) and includes lighter-                     (C) It is unlawful for any person to                any presumption that the operator is or
                                                    than-air craft and ultra-light craft. The               drive or be in actual physical control of              is not under the influence of alcohol.
                                                    following exceptions apply:                             a vehicle on a highway or on premises                     (B) The provisions of paragraph
                                                      (1) All aircraft operations, including                to which the public has access with an                 (iv)(A) of this section are not intended
                                                    ultra-light and helicopter landings and                 amount of a prohibited substance in his                to limit the introduction of any other
                                                    takeoffs will occur at the designated                   or her urine or blood that is equal to or              competent evidence bearing upon the


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                                                                                 Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Notices                                              29315

                                                    question of whether the operator, at the                   (ii) Has been evicted from the event                scope of that registration, so long as they
                                                    time of the alleged violation, was under                by the BLM;                                            are adequately lit according to Black
                                                    the influence of alcohol, a drug or                        (iii) Has been ordered by a law                     Rock City LLC Department of Mutant
                                                    multiple drugs or any combination                       enforcement officer to leave the area of               Vehicle requirements.
                                                    thereof.                                                the permitted event.                                      (ix) Trailers pulled by motor vehicles
                                                      (4) Definitions:                                         (2) Any person evicted from the event               must be equipped with at least two
                                                      (i) Open container: Any bottle, can, or               forfeits all privileges to be present                  functioning tail lamps and at least two
                                                    other container which contains an                       within the perimeter fence or anywhere                 functioning brake lights.
                                                    alcoholic beverage, if that container                   else within the public closure area even                  (x) Motor vehicles must display an
                                                    does not have a closed top or lid for                   if they possess a ticket to attend the                 unobstructed rear license plate in a
                                                    which the seal has not been broken. If                  event.                                                 place and position to be clearly visible
                                                    the container has been opened one or                                                                           and must be maintained free from
                                                    more times, and the lid or top has been                 (H) Motor Vehicles
                                                                                                                                                                   foreign materials and in a condition to
                                                    replaced, that container is an open                        (1) Must comply with the following                  be clearly legible, except for mutant
                                                    container.                                              requirements:                                          vehicles, or other vehicles registered
                                                      (ii) Possession of an open container                     (i) The operator of a motor vehicle                 with the permitted event organizers and
                                                    includes any open container that is                     must possess a valid driver’s license.                 operated within the scope of that
                                                    physically possessed by the driver or                      (ii) Motor vehicles and trailers must               registration.
                                                    operator or is adjacent to and reachable                possess evidence of valid registration,                   (2) The public closure area is closed
                                                    by that driver or operator. This includes,              except for mutant vehicles, or other                   to motor vehicle use, except as provided
                                                    but is not limited, to containers in a cup              vehicles registered with the permitted                 below. Motor vehicles may be operated
                                                    holder or rack adjacent to the driver or                event organizers and operated within                   within the public closure area under the
                                                    operator, containers on a vehicle floor                 the scope of that registration.                        circumstances listed below:
                                                    next to the driver or operator, and                        (iii) Motor vehicles must possess                      (i) Participant arrival and departure
                                                    containers on a seat or console area next               evidence of valid insurance, except for                on designated routes;
                                                    to a driver or operator.                                mutant vehicles or other vehicles                         (ii) BLM, medical, law enforcement,
                                                                                                            registered with the permitted event                    and firefighting vehicles are authorized
                                                    (E) Drug Paraphernalia
                                                                                                            organizers and operated within the                     at all times;
                                                      (1) The possession of drug                            scope of that registration.                               (iii) Vehicles, mutant vehicles, or art
                                                    paraphernalia is prohibited.                               (iv) Motor vehicles and trailers must               cars operated by the permit holder’s
                                                      (2) Definition: Drug paraphernalia                    not block a street used for vehicular                  staff or contractors and service
                                                    means all equipment, products, and                      travel or a pedestrian pathway.                        providers on behalf of the permit holder
                                                    materials of any kind which are used,                      (v) Motor vehicles must not exceed                  are authorized at all times. These
                                                    intended for use, or designed for use in                the posted or designated speed limits.                 vehicles must display evidence of event
                                                    planting, propagating, cultivating,                     Posted or designated speed limits also                 registration in such manner that it is
                                                    growing, harvesting, manufacturing,                     apply to motorized skateboards, electric               visible to the rear of the vehicle while
                                                    compounding, converting, producing,                     assist bicycles, and Go-Peds with                      the vehicle is in motion;
                                                    preparing, testing, analyzing, packaging,               handlebars.                                               (iv) Vehicles used by disabled drivers
                                                    repackaging, storing, containing,                          (vi) No person shall occupy a trailer               and displaying official State-disabled-
                                                    concealing, injecting, ingesting,                       while the motor vehicle is in transit                  driver license plates or placards; or
                                                    inhaling, or otherwise introducing into                 upon a roadway, except for mutant                      mutant vehicles and art cars, or other
                                                    the human body a controlled substance                   vehicles, or other vehicles registered                 vehicles registered with the permit
                                                    in violation of any State or Federal law,               with the permitted event organizers and                holder must display evidence of
                                                    or regulation issued pursuant to law.                   operated within the scope of that                      registration at all times in such manner
                                                    (F) Disorderly Conduct                                  registration.                                          that it is visible to the rear of the vehicle
                                                                                                               (vii) During night hours, from a half-              while the vehicle is in motion;
                                                       (1) Disorderly conduct is prohibited.                hour after sunset to a half-hour before
                                                       (2) Definition: Disorderly conduct                                                                             (v) Participant drop-off of approved
                                                                                                            sunrise, motor vehicles, other than a                  burnable material and wood to the Burn
                                                    means that an individual, with the                      motorcycle or golf cart—which require
                                                    intent of recklessly causing public                                                                            Garden/Wood Reclamation Stations
                                                                                                            only one working headlamp, one                         (located on open playa at 3:00, 6:00,
                                                    alarm, nuisance, jeopardy, or violence;                 working tail light, and one working
                                                    or recklessly creating a risk thereof:                                                                         9:00 Promenades and the Man base)
                                                                                                            break light—must be equipped with at                   from 10:00 a.m. Sunday through the end
                                                       (i) Engages in fighting or violent
                                                                                                            least two working headlamps and at                     of day Tuesday, post event;
                                                    behavior;
                                                       (ii) Uses language, an utterance, or                 least two functioning tail lamps, except                  (vi) Passage through, without
                                                    gesture or engages in a display or act                  for mutant vehicles or other vehicles                  stopping, the public closure area on the
                                                    that is physically threatening or                       registered with the permitted event                    west or east playa roads;
                                                    menacing or done in a manner that is                    organizers and operated within the                        (vii) Support vehicles for art vehicles,
                                                    likely to inflict injury or incite an                   scope of that registration, so long as they            mutant vehicles, and theme camps will
                                                    immediate breach of the peace.                          are adequately lit according to Black                  be allowed to drive to and from fueling
                                                       (iii) Obstructs, resists, or attempts to             Rock City LLC Department of Mutant                     stations.
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                                                    elude a law enforcement officer, or fails               Vehicle requirements.                                     (3) Definitions:
                                                    to follow their orders or directions.                      (viii) Motor vehicles, other than a                    (i) A motor vehicle is any device
                                                                                                            motorcycle or golf cart, must display a                designed for and capable of travel over
                                                    (G) Eviction of Persons                                 red, amber, or yellow light brake light                land and which is self-propelled by a
                                                      (1) The public closure area is closed                 visible to the rear in normal sunlight                 motor, but does not include any vehicle
                                                    to any person who:                                      upon application of the brake, except for              operated on rails or any motorized
                                                      (i) Has been evicted from the event by                mutant vehicles, or other vehicles                     wheelchair.
                                                    the permit holder, whether or not the                   registered with the permitted event                       (ii) Motorized wheelchair means a
                                                    eviction was requested by the BLM;                      organizers and operated within the                     self-propelled wheeled device, designed


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                                                    29316                        Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Notices

                                                    solely for and used by a mobility-                      of direct human intervention from                      than 12 months or both, in accordance
                                                    impaired person for locomotion.                         within or on the aircraft.                             with 18 U.S.C. 3571(b), 43 U.S.C.
                                                       (iii) ‘‘Trailer’’ means every vehicle                   (ii) UAS is the unmanned aircraft and               1733(a) and 43 CFR 8360.0–7. Such
                                                    without motive power designed to carry                  all of the associated support equipment,               violations may also be subject to the
                                                    property or passengers wholly on its                    control station, data links, telemetry,                enhanced penalties provided by 18
                                                    own structure and to be drawn by a                      communications and navigation                          U.S.C. 3571 and 3581. In accordance
                                                    motor vehicle, this includes camp                       equipment, etc., necessary to operate the              with 43 CFR 8365.1–7, State or local
                                                    trailers, pop-up trailers, 4′x7′ or larger              unmanned aircraft.                                     officials may also impose penalties for
                                                    flatbed trailers, enclosed cargo trailers,              (L) Lasers                                             violations of Nevada law.
                                                    or RV style trailers.                                                                                            Authority: 43 CFR 8364.1
                                                                                                              (1) The possession and or use of
                                                    (I) Public Camping                                      handheld lasers is prohibited.                         Mark E. Hall,
                                                       The public closure area is closed to                   (2) Definition:                                      Field Manager, Black Rock Field Office,
                                                    public camping with the following                         (i) A laser means any hand held laser                Winnemucca District.
                                                    exception:                                              beam device or demonstration laser                     [FR Doc. 2017–13542 Filed 6–27–17; 8:45 am]
                                                                                                            product that emits a single point of light
                                                       The permitted event’s ticket holders                                                                        BILLING CODE 4310–HC–P
                                                                                                            amplified by the stimulated emission of
                                                    who are camped in designated event
                                                                                                            radiation that is visible to the human
                                                    areas provided by the permit holder and
                                                                                                            eye.                                                   DEPARTMENT OF THE INTERIOR
                                                    ticket holders who are camped in the
                                                    authorized pilot camp and the permit                    (M) Weapons
                                                                                                                                                                   Bureau of Land Management
                                                    holder’s authorized staff, contractors,                    (1) The possession of any weapon is
                                                    and BLM-authorized event management                     prohibited except weapons within                       [LLCO956000 L14400000.BJ0000 17X]
                                                    related camps are exempt from this                      motor vehicles passing, without
                                                    closure.                                                                                                       Notice of Filing of Plats of Survey;
                                                                                                            stopping, through the public closure                   Colorado
                                                    (J) Public Use                                          area on the west or east playa roads.
                                                                                                               (2) The discharge of any weapon is                  AGENCY:   Bureau of Land Management,
                                                       The public closure area is closed to                 prohibited.                                            Interior.
                                                    use by members of the public unless                        (3) The prohibitions above shall not                ACTION: Notice of official filing.
                                                    that person is traveling through, without               apply to county, State, tribal, and
                                                    stopping, the public closure area on the                Federal law enforcement personnel who                  SUMMARY:    The plats of survey of the
                                                    west or east playa roads; possesses a                   are working in their official capacity at              following described lands are scheduled
                                                    valid ticket to attend the event; is an                 the event. ‘‘Art projects’’ that include               to be officially filed in the Bureau of
                                                    employee or authorized volunteer with                   weapons and are sanctioned by the                      Land Management (BLM), Colorado
                                                    the BLM, a law enforcement officer,                     permit holder will be permitted after                  State Office, Lakewood, Colorado, 30
                                                    emergency medical service provider,                     obtaining authorization from the BLM                   calendar days from the date of this
                                                    fire protection provider, or another                    authorized officer.                                    publication. The surveys, which were
                                                    public agency employee working at the                      (4) Definitions:                                    executed at the request of the U.S.
                                                    event and that individual is assigned to                   (i) Weapon means a firearm,                         Forest Service, the Bureau of Indian
                                                    the event; is a person working at or                    compressed gas or spring powered                       Affairs, the National Park Service, and
                                                    attending the event on behalf of the                    pistol or rifle, bow and arrow, cross                  the BLM, are necessary for the
                                                    permit holder; or is authorized by the                  bow, blowgun, spear gun, hand-thrown                   management of these lands.
                                                    permit holder to be onsite prior to the                 spear, sling shot, irritant gas device,                DATES: Unless there are protests of this
                                                    commencement of the event for the                       electric stunning or immobilization                    action, the plats described in this notice
                                                    primary purpose of constructing,                        device, explosive device, any                          will be filed on July 28, 2017.
                                                    creating, designing or installing art,                  implement designed to expel a
                                                    displays, buildings, facilities, or other                                                                      ADDRESSES: You may submit written
                                                                                                            projectile, switch-blade knife, any blade
                                                    items and structures in connection with                                                                        protests to the BLM Colorado State
                                                                                                            which is greater than 10 inches in
                                                    the event; or is a commercial operation                                                                        Office, Cadastral Survey, 2850
                                                                                                            length from the tip of the blade to the
                                                    to provide services to the event                                                                               Youngfield Street, Lakewood, CO
                                                                                                            edge of the hilt or finger guard nearest
                                                    organizers and/or participants                                                                                 80215–7093.
                                                                                                            the blade (e.g., swords, dirks, daggers,
                                                    authorized by the permit holder through                 machetes) or any other weapon the                      FOR FURTHER INFORMATION CONTACT:
                                                    a contract or agreement and authorized                  possession of which is prohibited by                   Randy Bloom, Chief Cadastral Surveyor
                                                    by BLM through a Special Recreation                     State law. Exception: This rule does not               for Colorado; (303) 239–3856; rbloom@
                                                    Permit.                                                 apply in a kitchen or cooking                          blm.gov. Persons who use a
                                                                                                            environment or where an event worker                   telecommunications device for the deaf
                                                    (K) Unmanned Aircraft Systems                                                                                  may call the Federal Relay Service at 1–
                                                                                                            is wearing or utilizing a construction
                                                      (1) The use of unmanned aircraft                      knife for their duties at the event.                   800–877–8339 to contact the above
                                                    systems (UAS) is prohibited, unless the                    (ii) Firearm means any pistol,                      individual during normal business
                                                    operator is authorized through and                      revolver, rifle, shotgun, or other device              hours. The Service is available 24 hours
                                                    complies with the Remote Control BRC                                                                           a day, seven days a week, to leave a
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                                                                                                            which is designed to, or may be readily
                                                    (RCBRC) program and operates the UAS                    converted to expel, a projectile by the                message or question with the above
                                                    in accordance with Federal laws and                     ignition of a propellant.                              individual. You will receive a reply
                                                    regulations, specifically the operational                  (iii) Discharge means the expelling of              during normal business hours.
                                                    limitations under the Small Unmanned                    a projectile from a weapon. Any person                 SUPPLEMENTARY INFORMATION: A person
                                                    Aircraft Rule (Part 107).                               who violates the above rules and                       or party who wishes to protest a survey
                                                      (2) Definition:                                       restrictions may be tried before a United              must file a notice that they wish to
                                                      (i) Unmanned aircraft means an                        States Magistrate and fined no more                    protest with the Chief, Branch of
                                                    aircraft operated without the possibility               than $100,000, imprisoned no more                      Cadastral Survey. A statement of


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Document Created: 2017-06-28 01:10:31
Document Modified: 2017-06-28 01:10:31
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 of temporary closure and restrictions.
DatesThe temporary closure and temporary restrictions will be in effect from July 31, 2017, to September 20, 2017.
ContactMark E. Hall, Field Manager, BLM Black Rock Field Office, 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 Relay Service (FRS) at 1-800-877-8339 to contact the above individual during normal business hours. The FRS 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 Citation82 FR 29312 

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