2006 Burning Man event BLM Land Closure

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[Federal Register: September 6, 2006 (Volume 71, Number 172)]
[Notices]               
[Page 52569-52570]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06se06-91]                         



DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-025-1232-NX-NV19; Special Recreation Permit NV-025-06-01]

 
Notice to the Public of Temporary Public Lands Closures and 
Prohibitions of Certain Activities on Public Lands Administered by the 
Bureau of Land Management, Winnemucca Field Office, NE

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of temporary closure.



SUMMARY: Notice is hereby given that certain lands located in 
northwestern Nevada partly within the Black Rock Desert-High Rock 
Canyon Emigrant Trails National Conservation Area will be temporarily 
closed or restricted and certain activities will be temporarily 
prohibited in and around the Burning Man event site administered by the 
BLM Winnemucca Field Office in Pershing County, Nevada.
    The specified closures, restrictions and prohibitions are made in 
the interest of public safety at and around the public lands location 
of an event known as the Burning Man Festival. This event is authorized 
on public lands under a special recreation permit and is expected to 
attract approximately 37,000 participants this year.
    In summary, these lands will be closed or restricted with regard to 
the following:
     August 11, 2006 through September 18, 2006 inclusive: 
Discharge of firearms, possession of weapons, waste water disposal, 
camping, and circumstances and procedures for eviction of persons from 
public lands.
     August 25, 2006 through September 4, 2006 inclusive: 
Aircraft landing, possession of fireworks, possession of alcohol by 
minors, vehicle use, and all public uses.

1. Public Closure Area: Within the Following Legally Described 
Locations

Mount Diablo Meridian

Unsurveyed T. 33 N., R. 24 E., secs. 1 and 2, portion west of the 
east playa road; sec. 3; sec. 4, portion east of County Rd. 34; sec. 
5, E\1/2\, portion east of County Rd. 34; sec. 10, N\1/2\; sec. 11; 
E\1/2\, portion west of the east playa road.
Unsurveyed T. 33\1/2\ N., R. 24 E., secs. 25 and 26; sec. 28, 
portion east of the west playa road; sec. 33, portion east of County 
Rd. 34 and east of the west playa road; secs. 34, 35 and 36.
Unsurveyed T. 34 N., R. 24 E., sec. 34, S\1/2\, portion east of the 
west playa road; sec. 35, S\1/2\; sec. 36, S\1/2\.
T. 33 N., R. 25 E., sec. 4, Lots 3, 4 and 5; portions west of the 
east playa road.
Unsurveyed T. 34 N., R. 25 E., sec. 33, SW\1/4\.

1.1. Between August 11, 2006 and September 18, 2006 Inclusive

1.1.1. Public Use
    Public use is prohibited except as provided within the Event Area 
as described below.
1.1.2. Public Camping
    Public camping is prohibited except as provided within the Event 
Area as described below.
1.1.3. Aircraft Landing
    Aircraft are prohibited from landing, taking off, or taxiing. The 
following exceptions apply: Aircraft operations conducted through the 
authorized event landing strip and such ultralight and helicopter take-
off and landing areas for Burning Man event staff and participants as 
may be included in the annual operation plan submitted by Black Rock 
City, LLC and approved by the authorized officer; and law enforcement, 
and emergency medical services aircraft such as Care Flight, Sheriff's 
Office, or Medical Ambulance Transport System helicopters engaged in 
official business may land in other locations when circumstances 
require it.

    Note: The authorized event airstrip and adjacent designated 
ultra-light and helicopter landing areas are the only location where 
Burning Man event staff and participant aircraft may land or take 
off.

1.1.4. Possession of Alcohol
    Possession of alcohol by minors is prohibited.
     The following are prohibited:
    [cir] Consumption or possession of any alcoholic beverage by a 
person under 21 years of age on public lands.
    [cir] Selling, offering to sell, or otherwise furnishing or 
supplying any alcoholic beverage to a person under 21 years of age on 
public lands.
     This section does not apply to the selling, handling, 
serving or transporting of alcoholic beverages by a person in the 
course of his lawful employment by a licensed manufacturer, wholesaler 
or retailer of alcoholic beverages.

Page 52570

1.1.5. Weapons
    Discharge of firearms prohibited. Law enforcement officers acting 
in their official capacity are exempted from the prohibition.
1.1.6. Eviction of Persons from Public Closure Area
    The permitted event area and all other parts of the public closure 
area are closed to any person who:
    (a) Has been ordered by a BLM law enforcement officer, during the 
period of August 11th to September 18th, 2006, to leave the area of the 
permitted event.
    (b) Has been evicted from the event by the permit holder, BRC LLC, 
whether or not such eviction was requested by BLM.
    Any person located within the Public Closure Area, whether or not 
that person holds a ticket to attend, must immediately depart from the 
event if ordered to do so by a BLM law enforcement officer for good 
cause. Good cause includes, but is not limited to: repeated violations 
of any permit stipulations or regulations in Title 43 CFR; possession 
of prohibited weapons; or commission of an assault, fighting, 
threatening, menacing, or similar conduct that is likely to inflict 
injury or incite an immediate breach of the peace.
    Possession of a ticket to attend the event does not authorize any 
person evicted from the event during the period of August 11 to 
September 18, 2006 to be present within the perimeter fence or anywhere 
else within the public closure area during those same dates.
1.1.7. Waste Water Discharge
    Dumping wastewater (grey or black) is prohibited.

1.2. Between August 26, 2006 and September 4, 2006 Inclusive:

1.2.1. Public Camping
    Public camping is prohibited. Burning Man event ticket holders and 
BLM-authorized event management-related camps within the event area as 
described below are exempt from the camping closure.
1.2.2. Motorized Vehicles
    Motor vehicle use is prohibited. The following exceptions apply: 
Participant arrival and departure on designated routes; mutant vehicles 
registered with Burning Man; Black Rock City LLC staff and support; 
BLM, medical, law enforcement, and firefighting vehicles; and motorized 
skateboards or ``Go Peds with or without handlebars. Mutant vehicles 
must be registered with Burning Man/Black Rock City LLC and drivers 
must display evidence of registration at all times. Such registration 
must be displayed so that it is visible to the rear of the vehicle 
while it is in motion.
    Vehicle use that creates a dust plume higher than the top of the 
vehicle is prohibited.
1.2.3. Fireworks
    The use, sale or possession of personal fireworks within is 
prohibited.
    The following exceptions apply: Uses of fireworks approved by Black 
Rock City LLC and used as part of an official Burning Man art burn 
event.
1.2.4. Fires
    The ignition of fires on the surface of the Black Rock Playa 
without a burn blanket or burn pan is prohibited. The following 
exceptions apply: Licensed mutant vehicles, community burn platforms 
provided by Black Rock City LLC, and portable barbeques or grills.

2. Event Area: Within the Following Legally Described Locations

Mount Diablo Meridian

Unsurveyed T. 33 N., R. 24 E., secs. 1 and 2, portions within event 
perimeter fence, 50 yards outside the fence and the aircraft parking 
area; sec. 3; portion within event perimeter fence, 50 yards outside 
the fence and within 50 yards of the event entrance road.
Unsurveyed T. 33\1/2\ N., R. 24 E., secs. 25, 26 and 27, portions 
within event perimeter fence and 50 yards outside the fence; sec. 
34, portions within event perimeter fence and 50 yards outside the 
fence; sec. 35; sec. 36, portions within event perimeter fence and 
50 yards outside the fence.
Unsurveyed T. 34 N., R. 24 E., secs. 34, 35 and 36, portions within 
event perimeter fence and 50 yards outside the fence.

2.1. Between August 11, 2006 and August 25 and Between September 5th 
and September 18, 2006 Inclusive

2.1.1. Camping
    Public camping is prohibited. Black Rock City LLC authorized staff, 
contractors, and others authorized to assist with construction or 
clean-up of art exhibits and theme camps are exempt from the camping 
closure.

2.2. Between August 26th and September 4th, 2006 Inclusive

2.2.1. Public Use
    No person shall be present within the event area unless that 
person: Possesses a valid ticket to attend the event; is an employee 
with the BLM, a law enforcement agency, emergency medical service 
provider, fire protection provider, or another public agency working at 
the event and the employee is assigned to the event; or is a person 
working at or attending the event on behalf of the event organizers, 
BRC LLC.
2.2.2. Weapons
    Possession of weapons is prohibited, subject to the following 
exceptions: County, state, tribal, and federal law enforcement 
personnel, or any person authorized by federal law to carry a concealed 
weapon.
    ``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, explosive device or any other 
implement designed to discharge missiles, and includes any weapon the 
possession of which is prohibited by state law.
2.2.3. Public Camping
    Public camping is prohibited. Burning Man event ticket holders who 
are camped in designated areas provided by Black Rock City LLC and 
ticket holders who are camped in the authorized ``pilot camp and BLM-
authorized event management-related camps are exempt from the camping 
closure. Black Rock City LLC authorized staff, contractors, and other 
authorized participants are exempt from the camping closure.

DATES: August 11, 2006 to September 18, 2006.

FOR FURTHER INFORMATION CONTACT: Dave Cooper, National Conservation 
Area Manager, Bureau of Land Management, Winnemucca Field Office, 5100 
E. Winnemucca Blvd., Winnemucca, NV 89445-2921, telephone: (775) 623-
1500.

    Authority: 43 CFR 8364.1.

    Penalty: Any person failing to comply with the closure orders may 
be subject to imprisonment for not more than 12 months, or a fine in 
accordance with the applicable provisions of 18 U.S.C. 3571, or both.

    Dated: July 10, 2006.
Gail G. Givens,
Field Manager.
[FR Doc. E6-14668 Filed 9-5-06; 8:45 am]

BILLING CODE 4310-HC-P