83 FR 30950 - Temporary Closure and Temporary Restrictions of Specific Uses on Public Lands for the 2018 Burning Man Event (Permitted Event), Pershing County, NV

DEPARTMENT OF THE INTERIOR
Bureau of Land Management

Federal Register Volume 83, Issue 127 (July 2, 2018)

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 83, Number 127 (Monday, July 2, 2018)]
[Notices]
[Pages 30950-30954]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14177]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVW035.L51050000.EA0000.LVRCF1805950.241A.18XL5017AP MO#4500121464]


Temporary Closure and Temporary Restrictions of Specific Uses on 
Public Lands for the 2018 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 29, 2018, to October 1, 2018.

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 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 temporary closure of public lands will be 
conducted in two phases in order to limit impacts on the general public 
outside of the Burning Man event. Phase 1 will encompass a smaller 
temporary closure area during the building and tear-down of Black Rock 
City and Phase 2 will encompass the larger, full temporary closure area 
during the event itself. Phase 2 includes all of the Phase 1 area. The 
Phase 2 temporary closure is the same size as the temporary closure 
area for the Burning Man event in previous years.
    The legal description of the affected public lands in the temporary 
public closure area of both stages is Mount Diablo Meridian, Nevada:
    Phase 1, being the smaller area of 9,715 acres, will be effective 
for 22 days before the main event from 12:01 a.m. Sunday, July 29, 
2018, until 6 a.m. Monday, August 20, 2018. Phase 1 resumes for 23 days 
following the event at 6 a.m. Saturday, September 8, 2018, through 
12:01 a.m. Monday, October 1, 2018.

[[Page 30951]]

Phase 1

T. 33 N, R. 24 E, unsurveyed,
    Sec. 1, NW\1/4\NW\1/4\
    Sec. 2, N\1/2\;
    Sec. 3;
    Sec. 4 and 5, those portions lying southeasterly of Washoe 
County Road 34;
    Sec. 9, N\1/2\;
T. 33\1/2\ N, R. 24 E, un-surveyed,
    Secs. 25 and 26;
    Secs. 27, 33, and 34, those portions lying southeasterly of West 
Playa Highway
    Secs. 35 and 36.
T. 34 N, R. 24 E, partly un-surveyed,
    Sec. 25
    Secs. 26 and 27, those portions lying southeasterly of West 
Playa Highway
    Sec. 34, E\1/2\, those portions lying southeasterly of West 
Playa Highway
    Secs. 35 and 36.
T. 34 N, R. 25 E, un-surveyed,
    Secs. 21 and 28;
    Sec. 33, N\1/2\, S\1/2\SW\1/4\

    Phase 2, being the larger area of 14,153 acres, includes all of 
Phase 1, will be effective for 19 days from 6 a.m. Monday, August 
20, 2018, until 6 a.m. Saturday, September 8, 2018.

Phase 2

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 two-phase temporary closure area is in Pershing County, Nevada, 
and is necessary for the period of time from July 29, 2018, to October 
1, 2018, because of the Burning Man event. The event's activities begin 
with fencing the site perimeter, Black Rock City setup (July 29 to 
August 20), followed by the actual event (August 20 to September 4), 
Black Rock City tear down and cleanup, and final site cleanup 
(September 4 to October 1). This event is authorized on public land 
under Special Recreation Permit #NVW03500-18-01.
    The public temporary 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 Phase 2 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 the staffs/volunteers, 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 temporary 
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 2018 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 2018 event. The Sheriff's 
input and comments are incorporated in this temporary 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 BLM external web page at: http://www.blm.gov.
    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 29, 2018, 
through October 1, 2018:

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 events sanctioned and regulated as art burns by the event 
organizer.
    (3) Fireworks: The use, sale or possession of personal fireworks is 
prohibited except for uses of fireworks approved by the permit holder 
and used as part of a Burning Man sanctioned art burn event.
    (4) Grey and Black Water Discharge: The discharge and dumping of 
grey water onto the playa/ground surface is prohibited. Grey water is 
defined as water that has been used for cooking,

[[Page 30952]]

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 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 playa.
    (7) Hazardous Materials: The dumping or discharge of vehicle oil, 
petroleum products or other hazardous household, commercial or 
industrial refuse or waste onto the playa 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.
    (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 fresh 
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 BLM Handbook H-2930-1 Chapter 1-C: Vending and 
the 2018 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 could result in the issuance of a violation notice and/or 
eviction from the event.

(c) Aircraft Landing

    The public temporary 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 fixed wing and helicopters providing emergency medical 
services may land at the designated Emergency Medical Services areas/
pads or at other locations when required for medical incidents. The BLM 
authorized officer, or an authorized State/Local Law Enforcement 
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 temporary 
closure and temporary 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

[[Page 30953]]

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 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 temporary 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;
    (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 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, including motorcycles or golf carts, must 
display a red, amber or yellow light rear 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) Motorcycles or golf carts require only one working headlamp 
and one working tail light during night hours, from a half-hour before 
sunset to a half-hour after sunrise, motor vehicles--unless 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.
    (x) Trailers pulled by motor vehicles must be equipped with at 
least two functioning tail lamps and at least two functioning brake 
lights.
    (2) The public temporary closure area is closed to motor vehicle 
use, except as provided below. Motor vehicles may be operated within 
the temporary 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,

[[Page 30954]]

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 temporary 
closure area on the west or east playa roads or from the east side of 
the playa to the west and vice versa to traverse the entirety of the 
playa surface.
    (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 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' x 7' or larger flatbed trailers, enclosed cargo trailers, or RV 
style trailers.

(i) Public Camping

    The public temporary 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 temporary closure area is closed to use by members of 
the public unless that person:
    (i) Is traveling through, without stopping, the public temporary 
closure area on the west or east playa roads; possesses a valid ticket 
to attend the event;
    (ii) 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;
    (iii) 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;
    (iv) Is an employee of a commercial operation contracted 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: 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 
temporary closure area on the designated west or east playa roads or 
from the east side of the playa to the west and vice versa to traverse 
the entirety of the playa surface.
    (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.
    Enforcement: Any person who violates this temporary closure or any 
of these temporary restrictions may be tried before a United States 
Magistrate and fined in accordance with 18 U.S.C. 3571, imprisoned no 
more than 12 months under 43 U.S.C. 1733(a) and 43 CFR 8360.0-7, or 
both. In accordance with 43 CFR 8365.1-7, State or local officials may 
also impose penalties for violations of Nevada law.

    Authority: 43 CFR 8364.1.

Mark E. Hall,
Field Manager, Black Rock Field Office, Winnemucca District.
[FR Doc. 2018-14177 Filed 6-29-18; 8:45 am]
BILLING CODE 4310-HC-P