83_FR_31077 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

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)

Page Range30950-30954
FR Document2018-14177

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 Issue 127 (Monday, July 2, 2018)
[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: 
mehall@blm.gov. 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



                                               30950                           Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Notices

                                               status inquiries. Applicants seeking                    Overview of This Information                           ACTION:  Notice of temporary closure and
                                               information about the status of their                   Collection                                             restrictions.
                                               individual cases can check Case Status                     (1) Type of information collection:
                                               Online, available at the USCIS website                                                                         SUMMARY:    Under the authority of the
                                                                                                       Revision of a Currently Approved                       Federal Land Policy and Management
                                               at http://www.uscis.gov, or call the                    Collection.                                            Act of 1976, as amended (FLPMA), the
                                               USCIS National Customer Service                            (2) Title of the form/collection:                   Bureau of Land Management (BLM)
                                               Center at 800–375–5283 (TTY 800–767–                    Application for Waiver of Grounds of                   Winnemucca District, Black Rock Field
                                               1833).                                                  Inadmissibility Under Sections 245A or                 Office, will implement a temporary
                                                                                                       210 of the Immigration and Nationality                 closure and temporary restrictions to
                                               SUPPLEMENTARY INFORMATION:
                                                                                                       Act.                                                   protect public safety and resources on
                                               Comments                                                   (3) Agency form number, if any, and                 public lands within and adjacent to the
                                                                                                       the applicable component of the DHS                    Burning Man event on the Black Rock
                                                  You may access the information                       sponsoring the collection: I–690; USCIS.
                                               collection instrument with instructions,                                                                       Desert playa.
                                                                                                          (4) Affected public who will be asked
                                               or additional information by visiting the                                                                      DATES: The temporary closure and
                                                                                                       or required to respond, as well as a brief
                                               Federal eRulemaking Portal site at:                     abstract: Primary: Individuals or                      temporary restrictions will be in effect
                                               http://www.regulations.gov and enter                    households. USCIS will use this form to                from July 29, 2018, to October 1, 2018.
                                               USCIS–2006–0047 in the search box.                      determine whether applicants are                       FOR FURTHER INFORMATION CONTACT:
                                               Regardless of the method used for                       eligible for admission to the United                   Mark E. Hall, Field Manager, BLM Black
                                               submitting comments or material, all                    States under sections 210 and 245A of                  Rock Field Office, Winnemucca District,
                                               submissions will be posted, without                     the Act.                                               5100 E Winnemucca Blvd.,
                                               change, to the Federal eRulemaking                         (5) An estimate of the total number of              Winnemucca, NV 89445–2921;
                                               Portal at http://www.regulations.gov,                   respondents and the amount of time                     telephone: 775–623–1500; email:
                                                                                                       estimated for an average respondent to                 mehall@blm.gov. Persons who use a
                                               and will include any personal
                                                                                                       respond: The estimated total number of                 telecommunications device for the deaf
                                               information you provide. Therefore,
                                                                                                       respondents for the information                        (TDD) may call the Federal Relay
                                               submitting this information makes it
                                                                                                       collection I–690 is 30 and the estimated               Service (FRS) at 1–800–877–8339 to
                                               public. You may wish to consider                                                                               contact the above individual during
                                               limiting the amount of personal                         hour burden per response is 3 hours.
                                                                                                       The estimated total number of                          normal business hours. The FRS is
                                               information that you provide in any                                                                            available 24 hours a day, 7 days a week,
                                               voluntary submission you make to DHS.                   respondents for the information
                                                                                                       collection Supplement 1 is 11 and the                  to leave a message or question with the
                                               DHS may withhold information                                                                                   above individual. You will receive a
                                                                                                       estimated hour burden per response is
                                               provided in comments from public                                                                               reply during normal hours.
                                                                                                       2 hours.
                                               viewing that it determines may impact
                                                                                                          (6) An estimate of the total public                 SUPPLEMENTARY INFORMATION: The
                                               the privacy of an individual or is                                                                             temporary closure and temporary
                                                                                                       burden (in hours) associated with the
                                               offensive. For additional information,                  collection: The total estimated annual                 restrictions affect public lands within
                                               please read the Privacy Act notice that                 hour burden associated with this                       and adjacent to the Burning Man event
                                               is available via the link in the footer of              collection is 112 hours.                               permitted on the Black Rock Desert
                                               http://www.regulations.gov.                                (7) An estimate of the total public                 playa within the Black Rock Desert-High
                                                  Written comments and suggestions                     burden (in cost) associated with the                   Rock Canyon Emigrant Trails National
                                               from the public and affected agencies                   collection: The estimated total annual                 Conservation Area in Pershing County,
                                               should address one or more of the                       cost burden associated with this                       Nevada. The temporary closure of
                                               following four points:                                  collection of information is $4,522.50.                public lands will be conducted in two
                                                  (1) Evaluate whether the proposed                      Dated: June 26, 2018.                                phases in order to limit impacts on the
                                                                                                                                                              general public outside of the Burning
                                               collection of information is necessary                  Samantha L. Deshommes,
                                                                                                                                                              Man event. Phase 1 will encompass a
                                               for the proper performance of the                       Chief, Regulatory Coordination Division,
                                                                                                       Office of Policy and Strategy, U.S. Citizenship
                                                                                                                                                              smaller temporary closure area during
                                               functions of the agency, including
                                                                                                       and Immigration Services, Department of                the building and tear-down of Black
                                               whether the information will have
                                                                                                       Homeland Security.                                     Rock City and Phase 2 will encompass
                                               practical utility;                                                                                             the larger, full temporary closure area
                                                                                                       [FR Doc. 2018–14120 Filed 6–29–18; 8:45 am]
                                                  (2) Evaluate the accuracy of the                                                                            during the event itself. Phase 2 includes
                                                                                                       BILLING CODE 9111–97–P
                                               agency’s estimate of the burden of the                                                                         all of the Phase 1 area. The Phase 2
                                               proposed collection of information,                                                                            temporary closure is the same size as
                                               including the validity of the                                                                                  the temporary closure area for the
                                                                                                       DEPARTMENT OF THE INTERIOR
                                               methodology and assumptions used;                                                                              Burning Man event in previous years.
                                                  (3) Enhance the quality, utility, and                Bureau of Land Management                                 The legal description of the affected
                                               clarity of the information to be                                                                               public lands in the temporary public
                                                                                                       [LLNVW035.L51050000.EA0000.                            closure area of both stages is Mount
                                               collected; and                                          LVRCF1805950.241A.18XL5017AP                           Diablo Meridian, Nevada:
                                                  (4) Minimize the burden of the                       MO#4500121464]                                            Phase 1, being the smaller area of
                                               collection of information on those who                                                                         9,715 acres, will be effective for 22 days
                                                                                                       Temporary Closure and Temporary
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                                               are to respond, including through the                                                                          before the main event from 12:01 a.m.
                                               use of appropriate automated,                           Restrictions of Specific Uses on Public
                                                                                                       Lands for the 2018 Burning Man Event                   Sunday, July 29, 2018, until 6 a.m.
                                               electronic, mechanical, or other                                                                               Monday, August 20, 2018. Phase 1
                                                                                                       (Permitted Event), Pershing County,
                                               technological collection techniques or                                                                         resumes for 23 days following the event
                                                                                                       NV
                                               other forms of information technology,                                                                         at 6 a.m. Saturday, September 8, 2018,
                                               e.g., permitting electronic submission of               AGENCY:     Bureau of Land Management,                 through 12:01 a.m. Monday, October 1,
                                               responses.                                              Interior.                                              2018.


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                                                                               Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Notices                                              30951

                                               Phase 1                                                 event’s activities begin with fencing the              8364.1, is appropriate for a single event.
                                               T. 33 N, R. 24 E, unsurveyed,                           site perimeter, Black Rock City setup                  The temporary closure and restrictions
                                                  Sec. 1, NW1⁄4NW1⁄4                                   (July 29 to August 20), followed by the                are specifically tailored to the time
                                                  Sec. 2, N1⁄2;                                        actual event (August 20 to September 4),               frame that is necessary to provide a safe
                                                  Sec. 3;                                              Black Rock City tear down and cleanup,                 environment for the public and for
                                                  Sec. 4 and 5, those portions lying                   and final site cleanup (September 4 to                 participants at the Burning Man event
                                                    southeasterly of Washoe County Road
                                                                                                       October 1). This event is authorized on                and to protect public land resources
                                                    34;
                                                  Sec. 9, N1⁄2;                                        public land under Special Recreation                   while avoiding imposing restrictions
                                               T. 331⁄2 N, R. 24 E, un-surveyed,                       Permit #NVW03500–18–01.                                that may not be necessary in the area
                                                  Secs. 25 and 26;                                        The public temporary closure area                   during the remainder of the year.
                                                  Secs. 27, 33, and 34, those portions lying           comprises about 13 percent of the Black                   The BLM will post copies of the
                                                    southeasterly of West Playa Highway                Rock Desert playa. Public access to the                temporary closure, temporary
                                                  Secs. 35 and 36.                                     other 87 percent of the playa outside the              restrictions, and an associated map in
                                               T. 34 N, R. 24 E, partly un-surveyed,                   temporary closure area will remain open                kiosks at access points to the Black Rock
                                                  Sec. 25                                              to dispersed casual use.                               Desert playa as well as at the Gerlach
                                                  Secs. 26 and 27, those portions lying                   The event area is fully contained
                                                    southeasterly of West Playa Highway                                                                       Post Office, Bruno’s Restaurant, Empire
                                                                                                       within the Phase 2 temporary closure                   Store, Black Rock City offices, Friends
                                                  Sec. 34, E1⁄2, those portions lying
                                                    southeasterly of West Playa Highway
                                                                                                       area. The event area is defined as the                 of Black Rock-High Rock offices, the
                                                  Secs. 35 and 36.                                     portion of the temporary closure area                  BLM-Nevada Black Rock Station near
                                               T. 34 N, R. 25 E, un-surveyed,                          that: (1) Is entirely contained within the             Gerlach, and the BLM-California
                                                  Secs. 21 and 28;                                     event perimeter fence, including 50 feet               Applegate Field Office. The BLM will
                                                  Sec. 33, N1⁄2, S1⁄2SW1⁄4                             from the outside of the event perimeter                also make the materials available on the
                                                  Phase 2, being the larger area of 14,153             fence; (2) Lies within 25 feet from the                BLM external web page at: http://
                                               acres, includes all of Phase 1, will be                 outside edge of the event access road;                 www.blm.gov.
                                               effective for 19 days from 6 a.m. Monday,               and (3) Includes the entirety of the                      In addition to the Nevada Collateral
                                               August 20, 2018, until 6 a.m. Saturday,                 aircraft parking area outside the event
                                               September 8, 2018.
                                                                                                                                                              Forfeiture and Bail Schedule as
                                                                                                       perimeter fence.                                       authorized by the United States District
                                               Phase 2                                                    The temporary closure and                           Court, District of Nevada and under the
                                               T. 33 N, R. 24 E, unsurveyed,                           restrictions are necessary to provide a                authority of Section 303(a) of FLPMA,
                                                 Sec. 1 and 2, those portions lying                    safe environment for the the staffs/                   43 CFR 8360.0–7 and 43 CFR 8364.1,
                                                   northwesterly of East Playa Road;                   volunteers, paid participants and                      the BLM will enforce a temporary
                                                 Sec. 3;                                               members of the public visiting the Black               public closure and the following
                                                 Sec. 4, that portion lying southeasterly of           Rock Desert, and to protect public land                temporary restrictions will apply within
                                                   Washoe County Road 34;                              resources by addressing law
                                                 Sec. 5;                                                                                                      and adjacent to the Burning Man event
                                                                                                       enforcement and public safety concerns
                                                 Sec. 8, NE1⁄4;                                                                                               on the Black Rock Desert playa from
                                                                                                       associated with the event. The
                                                 Sec. 9, N1⁄2;                                                                                                July 29, 2018, through October 1, 2018:
                                                                                                       temporary closure and temporary
                                                 Sec. 10, N1⁄2;
                                                 Sec. 11, that portion of the N1⁄2 lying               restrictions are also necessary to enable              Temporary Restrictions
                                                   northwesterly of East Playa Road.                   BLM law enforcement personnel to
                                                                                                                                                              (a) Environmental Resource
                                               T. 331⁄2 N, R. 24 E, un-surveyed,                       provide for public safety and to protect
                                                                                                                                                              Management and Protection
                                                 Secs. 25, 26, and 27;                                 the public lands as well as to support
                                                 Sec. 28 and 33, those portions lying                  and assist State and local agencies with                  (1) No person may deface, disturb,
                                                   easterly of Washoe County Road 34;                  enforcement of existing laws. The                      remove or destroy any natural object.
                                                 Secs. 34, 35, and 36.                                 permitted event takes place within                        (2) Fires/Campfires: The ignition of
                                               T. 34 N, R. 24 E, partly un-surveyed,                   Pershing County, Nevada, a rural county                fires on the surface of the Black Rock
                                                 Sec. 23, S1⁄2;                                                                                               Desert playa without a burn blanket or
                                                                                                       with a small population and a small
                                                 Sec. 24, S1⁄2;
                                                 Secs. 25 and 26;                                      Sheriff’s Department. Key BLM staff                    burn pan is prohibited. Campfires may
                                                 Sec. 27, E1⁄2NE1⁄4, E1⁄2SW1⁄4, SE1⁄4;                 members—including the authorizing                      only be burned in containers that are
                                                 Sec. 33, NE1⁄4NE1⁄4, S1⁄2NE1⁄4, that portion          officer for the 2018 event, the event                  sturdily elevated above the playa
                                                   of the SW1⁄4 lying northeasterly of                 incident commander, and the law                        surface and in a manner that does not
                                                   Washoe County Road 34, SE1⁄4;                       enforcement operations chief—met with                  pose a risk of fire debris falling onto the
                                                 Secs. 34, 35, and 36.                                 the Pershing County Sheriff and his                    playa surface. Plastic and nonflammable
                                               T. 33 N, R. 25 E,                                       planning team to coordinate and plan                   materials may not be burned in
                                                 Sec. 4, that portion lying northwesterly of           the 2018 event. The Sheriff’s input and                campfires. The ignition of fires other
                                                   East Playa Road.                                                                                           than a campfire is prohibited. This
                                               T. 34 N, R. 25 E, un-surveyed,
                                                                                                       comments are incorporated in this
                                                 Sec. 16, S1⁄2;                                        temporary closure order.                               restriction does not apply to events
                                                 Sec. 21;                                                 The event attracts up to 70,000 paid                sanctioned and regulated as art burns by
                                                 Sec. 22, W1⁄2NW1⁄4, SW1⁄4;                            participants to a remote, rural area,                  the event organizer.
                                                 Sec. 27, W1⁄2;                                        located more than 90 miles from urban                     (3) Fireworks: The use, sale or
                                                 Sec. 28;                                              infrastructure and support, including                  possession of personal fireworks is
                                                 Sec. 33, that portion lying northwesterly of          such services as public safety,                        prohibited except for uses of fireworks
                                                   East Playa Road;                                    emergency medical delivery,                            approved by the permit holder and used
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                                                 Sec. 34, that portion of the W1⁄2 lying               transportation, and communication.                     as part of a Burning Man sanctioned art
                                                   northwesterly of East Playa Road.                   During the event, Black Rock City, the                 burn event.
                                                  The two-phase temporary closure area                 temporary city associated with the                        (4) Grey and Black Water Discharge:
                                               is in Pershing County, Nevada, and is                   event, becomes one of the largest                      The discharge and dumping of grey
                                               necessary for the period of time from                   population areas in Nevada.                            water onto the playa/ground surface is
                                               July 29, 2018, to October 1, 2018,                         A temporary closure and restrictions                prohibited. Grey water is defined as
                                               because of the Burning Man event. The                   order, under the authority of 43 CFR                   water that has been used for cooking,


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                                               30952                           Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Notices

                                               washing, dishwashing, or bathing and/                   Stipulation for the permitted event, ALL                 (ii) In addition to the prohibition
                                               or contains soap, detergent, or food                    vendors and air carrier services must                  found at 43 CFR 8341.1(f)(3), it is
                                               scraps/residue, regardless of whether                   provide proof of authorization to                      prohibited for any person to operate or
                                               such products are biodegradable or have                 operate at the event issued by the                     be in actual physical control of a motor
                                               been filtered or disinfected. Black water               permitting agency and/or the permit                    vehicle while:
                                               is defined as waste water containing                    holder upon request. Failure to provide                  (A) The operator is under the
                                               feces, urine and/or flush water.                        such authorization could result in the                 combined influence of alcohol, a drug,
                                                  (5) Human Waste: The depositing of                   issuance of a violation notice and/or                  or drugs to a degree that renders the
                                               human waste (liquid and/or solid) on                    eviction from the event.                               operator incapable of safe operation of
                                               the playa/ground surface is prohibited.                                                                        that vehicle; or
                                                  (6) Trash: The discharge of any and all              (c) Aircraft Landing                                     (B) The alcohol concentration in the
                                               trash/litter onto the ground/playa                         The public temporary closure area is                operator’s blood or breath is 0.08 grams
                                               surface is prohibited. All event                        closed to aircraft landing, taking off and             or more of alcohol per 100 milliliters of
                                               participants must pack out and properly                 taxiing. Aircraft is defined in Title 18,              blood or 0.08 grams or more of alcohol
                                               dispose of all trash at an appropriate                  U.S.C., section 31(a)(1) and includes                  per 210 liters of breath.
                                               disposal facility off playa.                            lighter-than-air craft and ultra-light                   (C) It is unlawful for any person to
                                                  (7) Hazardous Materials: The                         craft. The following exceptions apply:                 drive or be in actual physical control of
                                               dumping or discharge of vehicle oil,                       (1) All aircraft operations, including              a vehicle on a highway or on premises
                                               petroleum products or other hazardous                   ultra-light and helicopter landings and                to which the public has access with an
                                               household, commercial or industrial                     takeoffs, will occur at the designated                 amount of a prohibited substance in his
                                               refuse or waste onto the playa surface is               88NV Black Rock City Airport landing                   or her urine or blood that is equal to or
                                               prohibited. This applies to all                         strips and areas defined by airport                    greater than the following nanograms
                                               recreational vehicles, trailers,                        management. All takeoffs and landings                  per milliliter (ng/ml):
                                               motorhomes, port-a-potties, generators                                                                           (1) Amphetamine: Urine, 500 ng/ml;
                                                                                                       will occur only during the hours of
                                               and other camp infrastructure.                                                                                 blood, 100 ng/ml;
                                                                                                       operation of the airport as described in                 (2) Cocaine: Urine, 150 ng/ml; blood,
                                                  (8) Fuel Storage: Each camp storing                  the Burning Man Operating Plan. All
                                               fuel must establish a designated fuel                                                                          50 ng/ml;
                                                                                                       pilots that use the Black Rock City                      (3) Cocaine metabolite: Urine, 150 ng/
                                               storage area at least ten (10) feet from                Airport must agree to and abide by the
                                               combustible materials, twenty-five (25)                                                                        ml; blood, 50 ng/ml;
                                                                                                       published airport rules and regulations;                 (4) Heroin: Urine, 2,000 ng/ml; blood,
                                               feet from generators, vehicles or camp                     (2) Only fixed wing and helicopters
                                               trailers/RV’s and any sources of ignition                                                                      50 ng/ml;
                                                                                                       providing emergency medical services                     (5) Heroin metabolite:
                                               (such as cigarettes/open flame), and                    may land at the designated Emergency                     (i) Morphine: Urine, 2,000 ng/ml;
                                               one-hundred (100) feet from other                       Medical Services areas/pads or at other                blood, 50 ng/ml;
                                               designated fuel storage areas. Fuel                     locations when required for medical                      (ii) 6-monoacetyl morphine: Urine, 10
                                               containers shall not exceed 80 percent                  incidents. The BLM authorized officer,                 ng/ml; blood, 10 ng/ml;
                                               capacity per container. The storage of                  or an authorized State/Local Law                         (6) Lysergic acid diethylamide: Urine,
                                               greater than 110 gallons of fuel in a                   Enforcement Officer or his/her                         25 ng/ml; blood, 10 ng/ml;
                                               single camp is prohibited. Storage areas                delegated representative may approve                     (7) Marijuana: Urine, 10 ng/ml; blood,
                                               for all fuel must include a secondary                   other helicopter landings and takeoffs                 2 ng/ml;
                                               containment system that can hold a                      when deemed necessary for the benefit                    (8) Marijuana metabolite: Urine, 15
                                               liquid volume equal to or greater than                  of the law enforcement operation; and                  ng/ml; blood, 5 ng/ml;
                                               110 percent of the largest container                       (3) Landings or takeoffs of lighter-                  (9) Methamphetamine: Urine, 500 ng/
                                               being stored. Secondary containment                     than-air craft previously approved by                  ml; blood, 100 ng/ml;
                                               measures must comply with the                                                                                    (10) Phencyclidine: Urine, 25 ng/ml;
                                                                                                       the BLM authorized officer.
                                               following:                                                                                                     blood, 10 ng/ml;
                                                  (a) The secondary containment system                 (d) Alcohol/Prohibited Substance                         (iii) Tests:
                                               must be free of cracks or gaps and                                                                               (A) At the request or direction of any
                                                                                                          (1) Possession of an open container of              law enforcement officer authorized by
                                               constructed of materials impermeable to                 an alcoholic beverage by the driver or
                                               the fuel(s) being stored.                                                                                      the Department of the Interior to enforce
                                                                                                       operator of any motorized vehicle,                     this temporary closure and temporary
                                                  (b) The secondary containment
                                                                                                       whether or not the vehicle is in motion,               restriction order, who has probable
                                               system must be designed to allow the
                                                                                                       is prohibited.                                         cause to believe that an operator of a
                                               removal of any liquids captured
                                               resulting from leaks, spills or                            (2) Possession of alcohol by minors:                motor vehicle has violated a provision
                                               precipitation.                                             (i) The following are prohibited:                   of paragraph (i) or (ii) of this section, the
                                                  (9) Water Discharge: The                                (A) Consumption or possession of any                operator shall submit to one or more
                                               unauthorized dumping or discharge of                    alcoholic beverage by a person under 21                tests of the blood, breath, saliva or urine
                                               fresh water onto the playa surface, onto                years of age on public lands; and                      for the purpose of determining blood
                                               city streets and/or other public areas or                  (B) Selling, offering to sell or                    alcohol and drug content.
                                               onto camp electric systems in a manner                  otherwise furnishing or supplying any                    (B) Refusal by an operator to submit
                                               that creates a hazard or nuisance is                    alcoholic beverage to a person under 21                to a test is prohibited and proof of
                                               prohibited. This provision does not                     years of age on public lands.                          refusal may be admissible in any related
                                               prohibit the use of water trucks                           (3) Operation of a motor vehicle while              judicial proceeding.
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                                               contracted by the event organizer to                    under the influence of alcohol, narcotics                (C) Any test or tests for the presence
                                               provide dust abatement measures.                        or dangerous drugs:                                    of alcohol and drugs shall be
                                                                                                          (i) Title 43 CFR 8341.1(f)(3) prohibits             determined by and administered at the
                                               (b) Commercial Activities                               the operation of an off-road motor                     direction of an authorized law
                                                 In accordance with BLM Handbook                       vehicle on public land while under the                 enforcement officer.
                                               H–2930–1 Chapter 1–C: Vending and                       influence of alcohol, narcotics or                       (D) Any test shall be conducted by
                                               the 2018 Special Recreation Permit                      dangerous drugs.                                       using accepted scientific methods and


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                                                                               Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Notices                                               30953

                                               equipment of proven accuracy and                           (2) Definition: Disorderly conduct                  equipped with at least two working
                                               reliability operated by personnel                       means that an individual, with the                     headlamps and at least two functioning
                                               certified in its use.                                   intent of recklessly causing public                    tail lamps, except for mutant vehicles or
                                                  (iv) Presumptive levels:                             alarm, nuisance, jeopardy or violence;                 other vehicles registered with the
                                                  (A) The results of chemical or other                 or recklessly creating a risk thereof:                 permitted event organizers and operated
                                               quantitative tests are intended to                         (i) Engages in fighting or violent                  within the scope of that registration, so
                                               supplement the elements of probable                     behavior;                                              long as they are adequately lit according
                                               cause used as the basis for the arrest of                  (ii) Uses language, an utterance or                 to Black Rock City LLC Department of
                                               an operator charged with a violation of                 gesture or engages in a display or act                 Mutant Vehicle requirements.
                                               paragraph (i) of this section. If the                   that is physically threatening or                         (viii) Motor vehicles, including
                                               alcohol concentration in the operator’s                 menacing or done in a manner that is                   motorcycles or golf carts, must display
                                               blood or breath at the time of testing is               likely to inflict injury or incite an                  a red, amber or yellow light rear light
                                               less than alcohol concentrations                        immediate breach of the peace.                         visible to the rear in normal sunlight
                                               specified in paragraph (ii)(B) of this                     (iii) Obstructs, resists or attempts to             upon application of the brake, except for
                                               section, this fact does not give rise to                elude a law enforcement officer, or fails              mutant vehicles, or other vehicles
                                               any presumption that the operator is or                 to follow their orders or directions.                  registered with the permitted event
                                               is not under the influence of alcohol.                                                                         organizers and operated within the
                                                                                                       (g) Eviction of Persons
                                                  (B) The provisions of paragraph                                                                             scope of that registration, so long as they
                                               (iv)(A) of this section are not intended                   (1) The public temporary closure area               are adequately lit according to Black
                                               to limit the introduction of any other                  is closed to any person who:                           Rock City LLC Department of Mutant
                                                                                                          (i) Has been evicted from the event by              Vehicle requirements.
                                               competent evidence bearing upon the
                                                                                                       the permit holder, whether or not the                     (ix) Motorcycles or golf carts require
                                               question of whether the operator, at the
                                                                                                       eviction was requested by the BLM;                     only one working headlamp and one
                                               time of the alleged violation, was under
                                                                                                          (ii) Has been evicted from the event                working tail light during night hours,
                                               the influence of alcohol, a drug or
                                                                                                       by the BLM;                                            from a half-hour before sunset to a half-
                                               multiple drugs or any combination
                                                                                                          (2) Any person evicted from the event               hour after sunrise, motor vehicles—
                                               thereof.
                                                                                                       forfeits all privileges to be present                  unless registered with the permitted
                                                  (4) Definitions:                                     within the perimeter fence or anywhere                 event organizers and operated within
                                                  (i) Open container: Any bottle, can or               else within the public closure area even               the scope of that registration, so long as
                                               other container which contains an                       if they possess a ticket to attend the                 they are adequately lit according to
                                               alcoholic beverage, if that container                   event.                                                 Black Rock City LLC Department of
                                               does not have a closed top or lid for
                                                                                                       (h) Motor Vehicles                                     Mutant Vehicle requirements.
                                               which the seal has not been broken. If                                                                            (x) Trailers pulled by motor vehicles
                                               the container has been opened one or                       (1) Must comply with the following                  must be equipped with at least two
                                               more times, and the lid or top has been                 requirements:                                          functioning tail lamps and at least two
                                               replaced, that container is an open                        (i) The operator of a motor vehicle                 functioning brake lights.
                                               container.                                              must possess a valid driver’s license.                    (2) The public temporary closure area
                                                  (ii) Possession of an open container                    (ii) Motor vehicles and trailers must               is closed to motor vehicle use, except as
                                               includes any open container that is                     possess evidence of valid registration,                provided below. Motor vehicles may be
                                               physically possessed by the driver or                   except for mutant vehicles, or other                   operated within the temporary public
                                               operator or is adjacent to and reachable                vehicles registered with the permitted                 closure area under the circumstances
                                               by that driver or operator. This includes,              event organizers and operated within                   listed below:
                                               but is not limited to, containers in a cup              the scope of that registration.                           (i) Participant arrival and departure
                                               holder or rack adjacent to the driver or                   (iii) Motor vehicles must possess                   on designated routes;
                                               operator, containers on a vehicle floor                 evidence of valid insurance, except for                   (ii) BLM, medical, law enforcement
                                               next to the driver or operator, and                     mutant vehicles or other vehicles                      and firefighting vehicles are authorized
                                               containers on a seat or console area next               registered with the permitted event                    at all times;
                                               to a driver or operator.                                organizers and operated within the                        (iii) Vehicles, mutant vehicles or art
                                               (e) Drug Paraphernalia                                  scope of that registration.                            cars operated by the permit holder’s
                                                                                                          (iv) Motor vehicles and trailers must               staff or contractors and service
                                                 (1) The possession of drug                            not block a street used for vehicular                  providers on behalf of the permit holder
                                               paraphernalia is prohibited.                            travel or a pedestrian pathway.                        are authorized at all times. These
                                                 (2) Definition: Drug paraphernalia                       (v) Motor vehicles must not exceed                  vehicles must display evidence of event
                                               means all equipment, products and                       the posted or designated speed limits.                 registration in such manner that it is
                                               materials of any kind which are used,                   Posted or designated speed limits also                 visible to the rear of the vehicle while
                                               intended for use, or designed for use in                apply to: Motorized skateboards, electric              the vehicle is in motion;
                                               planting, propagating, cultivating,                     assist bicycles and Go-Peds with                          (iv) Vehicles used by disabled drivers
                                               growing, harvesting, manufacturing,                     handlebars.                                            and displaying official State disabled
                                               compounding, converting, producing,                        (vi) No person shall occupy a trailer               driver license plates or placards; or
                                               preparing, testing, analyzing, packaging,               while the motor vehicle is in transit                  mutant vehicles and art cars, or other
                                               repackaging, storing, containing,                       upon a roadway, except for mutant                      vehicles registered with the permit
                                               concealing, injecting, ingesting, inhaling              vehicles, or other vehicles registered                 holder must display evidence of
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                                               or otherwise introducing into the                       with the permitted event organizers and                registration at all times in such manner
                                               human body a controlled substance in                    operated within the scope of that                      that it is visible to the rear of the vehicle
                                               violation of any State or Federal law, or               registration.                                          while the vehicle is in motion;
                                               regulation issued pursuant to law.                         (vii) During night hours, from a half-                 (v) Participant drop-off of approved
                                                                                                       hour after sunset to a half-hour before                burnable material and wood to the Burn
                                               (f) Disorderly Conduct                                  sunrise, motor vehicles, other than a                  Garden/Wood Reclamation Stations
                                                  (1) Disorderly conduct is prohibited.                motorcycle or golf cart must be                        (located on open playa at 3:00, 6:00,


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                                               30954                           Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Notices

                                               9:00 Promenades and the Man base)                       creating, designing or installing art,                 spear, sling shot, irritant gas device,
                                               from 10:00 a.m. Sunday through the end                  displays, buildings, facilities or other               electric stunning or immobilization
                                               of day Tuesday, post event;                             items and structures in connection with                device, explosive device, any
                                                  (vi) Passage through, without                        the event;                                             implement designed to expel a
                                               stopping, the public temporary closure                     (iv) Is an employee of a commercial                 projectile, switch-blade knife, any blade
                                               area on the west or east playa roads or                 operation contracted to provide services               which is greater than 10 inches in
                                               from the east side of the playa to the                  to the event organizers and/or                         length from the tip of the blade to the
                                               west and vice versa to traverse the                     participants authorized by the permit                  edge of the hilt or finger guard nearest
                                               entirety of the playa surface.                          holder through a contract or agreement                 the blade (e.g., swords, dirks, daggers,
                                                  (vii) Support vehicles for art vehicles,             and authorized by BLM through a                        machetes) or any other weapon the
                                               mutant vehicles and theme camps will                    Special Recreation Permit.                             possession of which is prohibited by
                                               be allowed to drive to and from fueling                                                                        state law. Exception: This rule does not
                                                                                                       (k) Unmanned Aircraft Systems
                                               stations.                                                                                                      apply in a kitchen or cooking
                                                  (3) Definitions:                                        (1) The use of unmanned aircraft                    environment or where an event worker
                                                  (i) A motor vehicle is any device                    systems (UAS) is prohibited, unless the                is wearing or utilizing a construction
                                               designed for and capable of travel over                 operator is authorized through and                     knife for their duties at the event.
                                               land and which is self-propelled by a                   complies with the Remote Control BRC                      (ii) Firearm means any pistol,
                                               motor, but does not include any vehicle                 (RCBRC) program and operates the UAS                   revolver, rifle, shotgun or other device
                                               operated on rails or any motorized                      in accordance with Federal laws and                    which is designed to, or may be readily
                                               wheelchair.                                             regulations, specifically the operational              converted to expel a projectile by the
                                                  (ii) Motorized wheelchair means a                    limitations under the Small Unmanned                   ignition of a propellant.
                                               self-propelled wheeled device, designed                 Aircraft Rule (Part 107).                                 (iii) Discharge means the expelling of
                                               solely for and used by a mobility-                         (2) Definition:                                     a projectile from a weapon.
                                               impaired person for locomotion.                            (i) Unmanned aircraft means an                         Enforcement: Any person who
                                                  (iii) ‘‘Trailer’’ means every vehicle                aircraft operated without the possibility              violates this temporary closure or any of
                                               without motive power designed to carry                  of direct human intervention from                      these temporary restrictions may be
                                               property or passengers wholly on its                    within or on the aircraft.                             tried before a United States Magistrate
                                               own structure and to be drawn by a                         (ii) UAS is the unmanned aircraft and               and fined in accordance with 18 U.S.C.
                                               motor vehicle, this includes camp                       all of the associated support equipment,               3571, imprisoned no more than 12
                                               trailers, pop-up trailers, 4′ x 7′ or larger            control station, data links, telemetry,                months under 43 U.S.C. 1733(a) and 43
                                               flatbed trailers, enclosed cargo trailers,              communications and navigation                          CFR 8360.0–7, or both. In accordance
                                               or RV style trailers.                                   equipment, etc., necessary to operate the              with 43 CFR 8365.1–7, State or local
                                                                                                       unmanned aircraft.                                     officials may also impose penalties for
                                               (i) Public Camping
                                                                                                                                                              violations of Nevada law.
                                                  The public temporary closure area is                 (l) Lasers
                                                                                                                                                                Authority: 43 CFR 8364.1.
                                               closed to public camping with the                          (1) The possession and or use of
                                               following exception:                                    handheld lasers is prohibited.                         Mark E. Hall,
                                                  The permitted event’s ticket holders                    (2) Definition: A laser means any                   Field Manager, Black Rock Field Office,
                                               who are camped in designated event                      hand held laser beam device or                         Winnemucca District.
                                               areas provided by the permit holder and                 demonstration laser product that emits                 [FR Doc. 2018–14177 Filed 6–29–18; 8:45 am]
                                               ticket holders who are camped in the                    a single point of light amplified by the               BILLING CODE 4310–HC–P
                                               authorized pilot camp and the permit                    stimulated emission of radiation that is
                                               holder’s authorized staff, contractors                  visible to the human eye.
                                               and BLM authorized event management                                                                            INTERNATIONAL TRADE
                                                                                                       (m) Weapons
                                               related camps are exempt from this                                                                             COMMISSION
                                               closure.                                                   (1) The possession of any weapon is
                                                                                                       prohibited except weapons within                       [Investigation No. 337–TA–945]
                                               (j) Public Use                                          motor vehicles passing, without
                                                  The public temporary closure area is                 stopping, through the public temporary                 Certain Network Devices, Related
                                               closed to use by members of the public                  closure area on the designated west or                 Software and Components Thereof (II)
                                               unless that person:                                     east playa roads or from the east side of              (Modification 2); Modification of
                                                  (i) Is traveling through, without                    the playa to the west and vice versa to                Limited Exclusion Order and Cease
                                               stopping, the public temporary closure                  traverse the entirety of the playa surface.            and Desist Order; Termination of the
                                               area on the west or east playa roads;                      (2) The discharge of any weapon is                  Modification Proceeding as to U.S.
                                               possesses a valid ticket to attend the                  prohibited.                                            Patent No. 6,377,577 and Suspension
                                               event;                                                     (3) The prohibitions above shall not                of the Modification Proceeding as to
                                                  (ii) Is an employee or authorized                    apply to county, State, tribal and                     U.S. Patent No. 7,224,668
                                               volunteer with the BLM, a law                           Federal law enforcement personnel who                  AGENCY: U.S. International Trade
                                               enforcement officer, emergency medical                  are working in their official capacity at              Commission.
                                               service provider, fire protection                       the event. ‘‘Art projects’’ that include               ACTION: Notice.
                                               provider, or another public agency                      weapons and are sanctioned by the
                                               employee working at the event and that                  permit holder will be permitted after                  SUMMARY:   Notice is hereby given that
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                                               individual is assigned to the event;                    obtaining authorization from the BLM                   the U.S. International Trade
                                                  (iii) Is a person working at or                      authorized officer.                                    Commission has determined to modify
                                               attending the event on behalf of the                       (4) Definitions:                                    a limited exclusion order and a cease
                                               permit holder; or is authorized by the                     (i) Weapon means a firearm,                         and desist order (‘‘the remedial orders’’)
                                               permit holder to be onsite prior to the                 compressed gas or spring powered                       issued against Arista Networks, Inc. of
                                               commencement of the event for the                       pistol or rifle, bow and arrow, cross                  Santa Clara, California (‘‘Arista’’) in Inv.
                                               primary purpose of constructing,                        bow, blowgun, spear gun, hand-thrown                   No. 337–TA–945. The above-captioned


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Document Created: 2018-06-30 00:18:14
Document Modified: 2018-06-30 00:18:14
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 29, 2018, to October 1, 2018.
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 Citation83 FR 30950 

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