Temporary Closure and Temporary Restrictions of Specific Uses on Public Lands for the 2019 Burning Man Event (Permitted Event), Pershing County, NV
| Citation | 84 FR 31904 |
| Record Number | 2019-14231 |
| Published date | 03 July 2019 |
| Section | Notices |
| Court | Interior Department,Land Management Bureau |
Federal Register, Volume 84 Issue 128 (Wednesday, July 3, 2019)
[Federal Register Volume 84, Number 128 (Wednesday, July 3, 2019)]
[Notices]
[Pages 31904-31908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14231]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLNVW035.L51050000.EA0000.LVRCF1805950.241A.18XL5017APMO #4500134707]
Temporary Closure and Temporary Restrictions of Specific Uses on
Public Lands for the 2019 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 both within and adjacent to the proposed
Permitted Event on the Black Rock Desert playa.
DATES: The temporary closure and temporary restrictions takes effect
from 12:01 a.m. July 25, 2019, to 11:59 p.m. September 30, 2019.
FOR FURTHER INFORMATION CONTACT: Mark E. Hall, Field Manager, BLM Black
Rock Field Office, Winnemucca District, 5100 East Winnemucca Boulevard,
Winnemucca, NV 89445-2921; telephone: 775-623-1500; email:
[email protected]. Persons who use a telecommunications device for the
deaf (TDD) may call the Federal Relay Service (FRS) at 1-800-877-8339
to contact the above individual during normal business hours. The FRS
is available 24 hours a day, 7 days a week, to leave a message or
question with the above individual. You will receive a reply during
normal hours.
SUPPLEMENTARY INFORMATION: The temporary closure and temporary
restrictions affect public lands both within and adjacent to the
Permitted Event authorized 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 reduce impacts
on the general public outside of the Permitted 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 Permitted 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, encompassing the smaller area of 9,715 acres, will be
effective for 31 days before the main event from 12:01 a.m. Sunday,
July 25, 2019, until 6:00 a.m. Monday, August 19, 2019. Phase 1
resumes for 24 days following the event at 6:00 a.m. Saturday,
September 7, 2019, through 11:59 p.m. Monday, September 30, 2019.
Phase 1
T. 33 N, R. 24 E, unsurveyed
Sec. 1, N\1/2\, those portions lying northwesterly of East Playa
Highway;
Sec. 2, N\1/2\ and SW\1/4\;
Sec. 3;
Secs. 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, unsurveyed
Secs. 25 and 26;
Sec. 27, those portions lying southeasterly of West Playa
Highway;
Sec. 33, S\1/2\, those portions lying easterly and northeasterly
of Washoe County Road 34;
Sec. 34, those portions lying southeasterly of West Playa
Highway;
Secs. 35 and 36.
T. 34 N, R. 24 E, partly unsurveyed
Sec. 25;
Sec. 26, those portions lying southeasterly of West Playa
Highway;
Sec. 27, SE\1/4\, 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, unsurveyed
[[Page 31905]]
Sec. 16, SW\1/4\SW\1/4\;
Sec. 21;
Sec. 27, W\1/2\NW\1/4\ and W\1/2\SW\1/4\;
Sec. 28;
Sec. 33, N\1/2\ and SW\1/4\;
sec. 34; W\1/2\NW\1/4\.
Phase 2, encompassing the larger area of 14,153 acres which
includes all of Phase 1, will be effective for 19 days from 6:00
a.m. Monday, August 19, 2019, until 6:00 a.m. Saturday, September 7,
2019.
Phase 2
T. 33 N, R. 24 E, unsurveyed
Secs. 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\;
Secs. 9 and 10, N\1/2\;
Sec. 11, N\1/2\, those portions lying northwesterly of East
Playa Road.
T. 33 \1/2\ N, R. 24 E, unsurveyed
Secs. 25 thru 27;
Secs. 28, 29 and 33, those portions lying easterly and
northeasterly of Washoe County Road 34;
Secs. 34 thru 36.
T. 34 N, R. 24 E, partly unsurveyed
Secs. 23 and 24, S\1/2\;
Secs. 25 and 26;
Sec. 27, E\1/2\NE\1/4\, E\1/2\SW\1/4\, and 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, and SE\1/4\;
Secs. 34 thru 36.
T. 33 N, R. 25 E,
Sec. 4, lots 2 thru 4, those portions lying northwesterly of
East Playa Highway.
T. 34 N, R. 25 E, unsurveyed
Sec. 16, S\1/2\;
Sec. 21;
Sec. 22, W\1/2\NW\1/4\ and SW\1/4\;
Sec. 27, W\1/2\;
Sec. 28;
Sec. 33, those portions lying northwesterly of East Playa
Highway;
Sec. 34, W\1/2\ those portions northwesterly of East Playa
Highway.
The two-phase temporary closure area is in Pershing County, Nevada,
and is necessary for the period of time from July 25, 2019, to midnight
September 30, 2019, because of the Permitted Event. The Permitted
Event's activities begin with the golden spike, fencing the site
perimeter, Black Rock City setup (July 25 to August 19), followed by
the actual event (August 20 to September 6), Black Rock City tear down
and cleanup, and final site cleanup (September 7 to September 30).
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 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 2019 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 2019 event. The Sheriff's input and comments are incorporated
in this temporary closure order.
The Permitted 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 Permitted 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 Permitted 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, and 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, the Winnemucca District Office, 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
Permitted Event on the Black Rock Desert playa from July 25, 2019,
through September 30, 2019:
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 6 inches 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, 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.
(7) Hazardous Materials: The dumping or discharge of vehicle oil,
[[Page 31906]]
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: The storage of greater than 110 gallons of fuel
in a single camp is prohibited. Each camp storing fuel must establish a
designated fuel storage area at least ten (10) feet apart from
combustible materials and twenty-five (25) feet from vehicles, camp
trailers/RV's, and generators, unless manufactured and designed to
store fuel, and any sources of ignition (such as burning cigarettes,
open flame, electrical connections or trailer/RV appliances); and one
hundred (100) feet from other designated fuel storage areas. Fuel
containers, regardless of size or type, shall not exceed 80% capacity
per container. Storage areas for all fuel, regardless of amount, and
not exceeding 110 gallons, must include a secondary containment system
that can hold a liquid volume equal to or greater than 110% of the
largest container being stored. Secondary containment measures must
comply with the following:
(a) The secondary containment system must be free of cracks or gaps
and constructed of materials impermeable to the fuel(s) being stored;
and
(b) The secondary containment system must be designed to allow the
removal of any liquids captured resulting from leaks, spills or
precipitation.
(9) Water Discharge: The unauthorized dumping or discharge of 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 43 CFR 2932, vending and the 2019 Special
Recreation Permit Stipulation for the Permitted Event, ALL vendors and
air carrier services must provide proof of authorization to operate at
the Permitted Event issued by the permitting agency and/or the permit
holder upon request. Failure to provide such authorization could result
in eviction from the event.
(c) Aircraft Landing
The public closure area is closed to aircraft landing, taking off,
and taxiing. Aircraft is defined in Title 18, U.S.C., section 31(a)(1)
and includes lighter-than-air craft and ultra-light craft. The
following exceptions apply:
(1) All aircraft operations, including ultra-light and helicopter
landings and takeoffs, will occur at the designated 88NV Black Rock
City Airport landing strips and areas defined by airport management.
All takeoffs and landings will occur only during the hours of operation
(6:00 through 18:30) 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; and
(C) It is unlawful for any person to drive or be in actual physical
control of a vehicle on a highway or on premises to which the public
has access with an amount of a prohibited substance in his or her urine
or blood that is equal to or greater than the following nanograms per
milliliter (ng/ml):
(1) Amphetamine: Urine, 500 ng/ml; blood, 100 ng/ml;
(2) Cocaine: Urine, 150 ng/ml; blood, 50 ng/ml;
(3) Cocaine metabolite: Urine, 150 ng/ml; blood, 50 ng/ml;
(4) Heroin: Urine, 2,000 ng/ml; blood, 50 ng/ml;
(5) Heroin metabolite:
(i) Morphine: Urine, 2,000 ng/ml; blood, 50 ng/ml;
(ii) 6-monoacetyl morphine: Urine, 10 ng/ml; blood, 10 ng/ml;
(6) Lysergic acid diethylamide: Urine, 25 ng/ml; blood, 10 ng/ml;
(7) Marijuana: Urine, 10 ng/ml; blood, 2 ng/ml;
(8) Marijuana metabolite: Urine, 15 ng/ml; blood, 5 ng/ml;
(9) Methamphetamine: Urine, 500 ng/ml; blood, 100 ng/ml;
(10) Phencyclidine: Urine, 25 ng/ml; blood, 10 ng/ml;
(iii) Tests:
(A) At the request or direction of any law enforcement officer
authorized by the Department of the Interior to enforce this closure
and restriction order, who has probable cause to believe that an
operator of a motor vehicle has violated a provision of paragraph (i)
or (ii) of this section, the operator shall submit to one or more tests
of the blood, breath, saliva or urine for the purpose of determining
blood alcohol and drug content.
(B) Refusal by an operator to submit to a test is prohibited and
proof of refusal may be admissible in any related judicial proceeding.
(C) Any test or tests for the presence of alcohol and drugs shall
be determined by and administered at the direction of an authorized law
enforcement officer.
(D) Any test shall be conducted by using accepted scientific
methods and equipment of proven accuracy and reliability operated by
personnel certified in its use.
(iv) Presumptive levels:
(A) The results of chemical or other quantitative tests are
intended to supplement the elements of probable cause used as the basis
for the arrest of an operator charged with a violation of paragraph (i)
of this section. If the alcohol concentration in the operator's blood
or breath at the time of testing is less than alcohol concentrations
specified in paragraph (ii)(B) of this section, this fact does not give
rise to
[[Page 31907]]
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, or
(iii) Obstructs, resists or attempts to elude a law enforcement
officer, or fails to follow their orders or directions.
(g) Eviction of Persons
(1) The public closure area is closed to any person who:
(i) Has been evicted from the event by the permit holder, whether
or not the eviction was requested by the BLM;
(ii) Has been evicted from the event by the BLM; or
(iii) Has been ordered by a law enforcement officer to leave the
area of the permitted event.
(2) Any person evicted from the event forfeits all privileges to be
present within the perimeter fence or anywhere else within the public
closure area even if they possess a ticket to attend the event.
(h) Motor Vehicles
(1) 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, hover boards, 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 brake light visible to the rear in
normal sunlight upon application of the brake, except for mutant
vehicles, or other vehicles registered with the permitted event
organizers and operated within the scope of that registration, so long
as they are adequately lit according to Black Rock City LLC Department
of Mutant Vehicle requirements.
(ix) Motorcycles or golf carts require only one working headlamp
and one working tail light during night hours, from a half-hour after
sunset to a half-hour before 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 closure area is closed to motor vehicle use, except
as provided below. Motor vehicles may be operated within the public
closure area under the circumstances listed below:
(i) Participant arrival and departure on designated routes;
(ii) BLM, medical, law enforcement and firefighting vehicles are
authorized at all times;
(iii) Vehicles, mutant vehicles or art cars operated by the permit
holder's staff or contractors and service providers on behalf of the
permit holder are authorized at all times. These vehicles must display
evidence of event registration in such manner that it is visible to the
rear of the vehicle while the vehicle is in motion;
(iv) Vehicles used by disabled drivers and displaying official
state disabled driver license plates or placards; or mutant vehicles
and art cars, or other vehicles registered with the permit holder must
display evidence of registration at all times in such manner that it is
visible to the rear of the vehicle while the vehicle is in motion;
(v) Participant drop-off of approved burnable material and wood to
the Burn Garden/Wood Reclamation Stations (located on open playa at
3:00, 6:00, 9:00 Promenades and the Man base) from 10:00 a.m. Sunday
through the end of day Tuesday, post event;
(vi) Passage through, without stopping, the public closure area on
the west or east playa roads 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:
[[Page 31908]]
(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'x7' or larger flatbed trailers, enclosed cargo trailers, or RV style
trailers.
(i) Public Camping
The public closure area is closed to public camping with the
following exception:
The permitted event's ticket holders who are camped in designated
event areas provided by the permit holder and ticket holders who are
camped in the authorized pilot camp and the permit holder's authorized
staff, contractors and BLM authorized event management related camps
are exempt from this closure.
(j) Public Use
The public closure area is closed to use by members of the public
unless that person:
(i) Is traveling through, without stopping, the public 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) Lasers
(1) The possession and or use of handheld lasers is prohibited.
(2) Definition:
(i) A laser means any hand held laser beam device or demonstration
laser product that emits a single point of light amplified by the
stimulated emission of radiation that is visible to the human eye.
(l) Weapons
(1) The possession of any weapon is prohibited except weapons
within motor vehicles passing, without stopping, through the public
closure area on the 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.
(m) 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. 2019-14231 Filed 7-2-19; 8:45 am]
BILLING CODE 4310-HC-P
