39102 Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 2009 / Notices 

9. You must not enter an area that is 

designated as closed by a BLM sign or 

map. 

10. You must not camp in sites or 

areas not designated as open to camping 

by a BLM sign or map. 

11. You must not burn material, 

including wood that contains nails, 

glass or any metal. 

12. You must not park in areas not 

designated for parking by a BLM sign or 

map. 

13. You must not bring any dog into 

the NFDMA that is not controlled by 

visual, audible, or physical means. 

14. You must remove and properly 

dispose of canine solid waste when 

indicated by a BLM sign or map. 

15. You must dispose of solid human 

waste as indicated by a BLM sign or 

map. 

Exemptions: Persons who are exempt 

from the restrictions contained in these 

Rules include: 

A. Federal, state, local and/or military 

personnel in the scope of their official 

duties; 

B. Members of any organized rescue 

or fire-fighting force in performance of 

their official duties; and 

C. Persons, agencies, municipalities, 

or companies holding an existing 

special use permit inside the NFDMA 

and operating within the scope of their 

permit. 

Penalties: Any person who violates 

any of the supplementary rules may be 

tried before a United States Magistrate 

and fined no more than $1,000 or 

imprisoned for no more than 12 months, 

or both. 43 U.S.C. 1733(a); 43 CFR 

8360.0–7. Such violations may also be 

subject to the enhanced fines provided 

for by 18 U.S.C. 3571. In accordance 

with 43 CFR 8365.1–7, State or local 

officials may also impose penalties for 

violations of Colorado law. 

Dave Hunsaker, 

Associate State Director. 

[FR Doc. E9–18723 Filed 8–4–09; 8:45 am] 

BILLING CODE 4310–JB–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLNVWO3500.L17000000.PA0000; 09– 

08807; TAS: 14X1109] 

Notice of Temporary Closures and 

Prohibitions of Certain Activities on 

Public Lands in Pershing County, NV 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of temporary closure. 

SUMMARY: Certain lands located in 

northwestern Nevada partly within the 

Black Rock Desert-High Rock Canyon 

Emigrant Trails National Conservation 

Area (NCA) will be temporarily closed 

or restricted and certain activities will 

be temporarily prohibited in and around 

the Burning Man event site 

administered by the Bureau of Land 

Management (BLM) Winnemucca 

District. The specified closures, 

restrictions and prohibitions are made 

in the interest of public safety at and 

around the event. The 2006 Decision 

Record and associated Environmental 

Assessment (EA) authorized issuance of 

a five-year permit to Black Rock City 

LLC (BRC LLC) to conduct the event on 

public lands within the NCA. The 

authorization for 2009 represents year 

four of the permit. 

DATES: August 3, 2009 to September 18, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Dave Hays, Field Manager, Bureau of 

Land Management, Black Rock Field 

Office, Winnemucca District, 5100 E. 

Winnemucca Blvd., Winnemucca, NV 

89445–2921, telephone: (775) 623–1500. 

SUPPLEMENTARY INFORMATION: Issues 

raised during public scoping for the EA 

included public health, socioeconomics, 

event management, and playa access/ 

conditions. The EA analyzed a full 

spectrum of resources including, but not 

limited to, recreation, wildlife, air 

quality, solid waste and hazardous 

waste. Cumulative effects of the 

proposed action were also fully 

analyzed in the EA. An annual review 

of the permit, BRC LLC operations plan, 

closure orders, and special stipulations 

is done prior to issuance of an annual 

operations authorization. 

Two areas are proposed for temporary 

closures during portions of August and 

September 2009. The smaller of the two 

areas, the Event Closure Area, is 

described in Section I of this notice and 

includes about 2,550 acres that will be 

subject to additional restrictions. During 

the 48-day period from August 3 

through September 18 this area will be 

closed to public camping, public use, 

possession of weapons, possession of 

fireworks, building of fires on the 

ground, waste water discharge and other 

restrictions. The second and larger area 

is the Public Closure Area as described 

in Section II of this notice and 

encompasses about 6,200 acres. This 

area will be closed to camping and 

discharge of weapons during the same 

48-day period. Additional restrictions 

including public use and aircraft 

landing will apply during an 11-day 

period that corresponds to the actual 

event which is August 31 through 

September 7, 2009. 

I. The 2009 Event Area is within the 

following legally described locations: 

Mount Diablo Meridian, Nevada 

Unsurveyed T. 33 N., R. 24 E., 

Sec. 1, portion within event perimeter 

fence and 50 yards outside the fence; 

Sec. 2, portion 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; 

Secs. 4 and 5, portions within 50 yards of 

the event entrance road. 

Unsurveyed T. 331⁄2 N., R. 24 E., 

Sec. 25, portion within event perimeter 

fence and 50 yards outside the fence; 

Sec. 26; 

Secs. 27 and 34, portions within event 

perimeter fence and 50 yards outside the 

fence; 

Sec. 35; 

Sec. 36, portion 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. 

The area described contains 2,550 acres, 

more or less. 

Between August 3, 2008 and 

September 18, 2009 inclusive the 

following restrictions and provisions 

apply: 

A. Aircraft Landing 

Aircraft as defined in Title 18, United 

States Code, section 31(a)(1) and 

includes lighter-than-air craft, ultra-light 

craft, and remotely controlled powered 

craft are prohibited from landing, taking 

off, or taxiing. The following exceptions 

apply: 

1. Aircraft operations conducted 

through the authorized event landing 

strip and such ultra-light and helicopter 

take-off and landing areas designated for 

Burning Man event staff and 

participants, law enforcement, and 

emergency medical services. 

2. Helicopters providing emergency 

medical services may land in other 

locations when required for medical 

incidents. 

3. Landings or take-offs of lighterthan-air craft previously approved by 

the BLM authorized officer. 

B. Alcohol 

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. 

(a) The following are prohibited: 

(1) Consumption or possession of any 

alcoholic beverage by a person under 21 

years of age on public lands. 


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Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 2009 / Notices 39103 

(2) Selling, offering to sell, or 

otherwise furnishing or supplying any 

alcoholic beverage to a person under 21 

years of age on public lands. 

(b) 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. 

3. Operation of a motor vehicle while 

under the influence. 

(a) 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. 

(b) In addition to the prohibition 

found in 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: 

(1) 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 

(2) 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) Tests. 

(1) At the request or direction of any 

law enforcement officer authorized by 

the Department of the Interior to enforce 

this regulation, who has probable cause 

to believe that an operator of a motor 

vehicle has violated a provision of 

paragraph (a) or (b) 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. 

(2) Refusal by an operator to submit 

to a test is prohibited and proof of 

refusal may be admissible in any related 

judicial proceeding. 

(3) Any test or tests for the presence 

of alcohol and drugs shall be 

determined by and administered at the 

direction of an authorized person. 

(4) Any test shall be conducted by 

using accepted scientific methods and 

equipment of proven accuracy and 

reliability operated by personnel 

certified in its use. 

(d) Presumptive levels. 

(1) 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 (a) 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 (b)(2) of this 

section, this fact does not give rise to 

any presumption that the operator is or 

is not under the influence of alcohol. 

(2) The provisions of paragraph (d)(1) 

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, or a drug, or drugs, 

or any combination thereof. 

4. Definitions: 

(a) 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. 

(b) Possession of an open container: 

includes any open container which is 

physically possessed by the driver or 

operator, or which 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. 

C. Drug Paraphernalia 

1. The possession of drug 

paraphernalia is prohibited. 

2. Definition: 

(a) 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. 

D. Eviction of Persons 

1. The Event Closure Area is closed to 

any person who: 

(a) Has been evicted from the event by 

the permit holder, Black Rock City LLC, 

whether or not such eviction was 

requested by BLM. 

(b) Has been ordered by a BLM law 

enforcement officer to leave the area of 

the permitted event. 

2. Any person evicted from the event 

forfeits any privileges to be present 

within the perimeter fence or anywhere 

else within the event area even if they 

possess a ticket to attend the event. 

E. Fires 

The ignition of fires on the surface of 

the Black Rock Playa without a burn 

blanket or burn pan is prohibited. 

F. Fireworks 

The use, sale or possession of 

personal fireworks is prohibited except 

for uses of fireworks approved by BRC 

LLC and used as part of a Burning Man 

sanctioned art burn event. 

G. Motor Vehicles 

1. Motor vehicle use is prohibited, 

except as provided below. 

(a) Motor vehicles may be operated 

within the event area under these 

circumstances: 

(1) Participant arrival and departure 

on designated routes; 

(2) Vehicles operated by BRC LLC 

staff and displaying appropriate current 

staff identification; 

(3) BLM, medical, law enforcement, 

and firefighting vehicles; 

(4) Mutant vehicles, art cars, or other 

vehicles registered with the Burning 

Man event organizers and operated 

within the scope of that registration. 

Such vehicles must display evidence of 

registration at all times in such manner 

that it is visible to the rear of the vehicle 

while it is in motion; 

(5) Motorized skateboards or Go-Peds 

with or without handlebars. 

2. Definitions: 

(a) 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. 

(b) Motorized wheelchair means a 

self-propelled wheeled device, designed 

solely for and used by a mobilityimpaired person for locomotion. 

H. Public Camping 

Public camping is prohibited. Burning 

Man event ticket holders who are 

camped in designated areas provided by 

BRC 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. BRC LLC 

authorized staff, contractors, and other 

authorized participants are exempt from 

the camping closure. 

I. 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 or authorized volunteer with 

the BLM, a law enforcement agency, 

emergency medical service provider, 

fire protection provider, or another 

public agency working at the event and 


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39104 Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 2009 / Notices 

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. 

J. Waste Water Discharge 

The dumping or discharge to the 

ground of gray water is prohibited. Gray 

water is water used for cooking, 

washing, dishwashing, or bathing and 

which contains soap, detergent, food 

scraps, or food residue. 

K. Weapons 

1. Weapons. 

(a) The possession of any weapon is 

prohibited; 

(b) The discharge of any weapon is 

prohibited; 

(c) The prohibitions above shall not 

apply to county, state, tribal and federal 

law enforcement personnel, or any 

person authorized by federal law to 

possess a weapon. Additionally ‘‘art 

projects’’ that include weapons and are 

sanctioned by BRC LLC will be 

permitted after obtaining authorization 

from the BLM authorized officer. 

2. Definitions: 

(a) 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 

with a sharpened or cutting edge and 

which is greater than 12 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. 

(b) 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. 

(c) Discharge means the expelling of 

a projectile from a weapon. 

II. The Public Closure Area is within 

the following legally described 

locations: 

Mount Diablo Meridian, Nevada 

Unsurveyed T. 33 N., R. 24 E., 

Secs. 1 and 2, portions west of the east 

playa road and outside the Event Area; 

Sec. 3, portion outside the Event Area; 

Sec. 4, portion east of Washoe Co. Rd. 34 

and outside the Event Area; 

Sec. 5, portion of the E1⁄2 that is east of 

Washoe Co. Rd. 34 and outside the Event 

Area; 

Sec. 8, NE1⁄4; 

Sec. 9, N1⁄2; 

Sec. 10, N1⁄2; 

Sec. 11, portion of the N1⁄2 that is west of 

east playa road. 

Unsurveyed T. 331⁄2 N., R. 24 E., 

Secs. 25 and 27, portions outside the Event 

Area; 

Secs. 28 and 33, portions east of Washoe 

Co. Rd. 34; 

Secs. 34 and 36, portions outside the Event 

Area. 

Unsurveyed T. 34 N., R. 24 E., 

Sec. 33, SE1⁄4, S1⁄2 NE1⁄4, NE1⁄4 NE1⁄4; 

Secs. 34, 35 & 36, portions outside the 

Event Area; 

T. 33 N., R. 25 E., 

Sec. 4, Lots 2, 3, 4 and 5, portions west of 

the east playa road. 

Unsurveyed T. 34 N., R. 25 E., 

Sec. 33, SW1⁄4. 

Between August 3, 2009 and 

September 18, 2009 inclusive the 

following restrictions and provisions 

apply: 

A. Public Camping 

Public camping is prohibited. 

B. Discharge of Weapons 

Discharge of weapons as defined in 

paragraph (K)(2) of Section (I) is 

prohibited. 

Between August 31, 2009 and 

September 7, 2009 inclusive the 

following restrictions and provisions 

apply: 

A. Aircraft Landing 

Aircraft are prohibited from landing, 

taking off, or taxiing except as described 

in paragraph (A) of Section I. 

B. Eviction of Persons 

The Public Closure Area is closed to 

any person who: 

(1) Has been evicted from the event by 

the permit holder, BRC LLC, whether or 

not such eviction was requested by 

BLM. 

(2) Has been ordered by a BLM law 

enforcement officer to leave the area of 

the permitted event. 

Any person evicted from the event 

forfeits any privileges to be present 

within the public closure area even if 

they possess a ticket to attend the event. 

C. Fireworks 

The use, sale or possession of 

personal fireworks is prohibited. 

D. Public Use 

Public use is prohibited, except for: 

(1) passage through, without stopping, 

the Public Closure Area on the West or 

East Playa Roads; 

(2) pedestrians with Burning Man 

tickets outside the fence. 

E. Motor Vehicles 

Motor vehicle use is prohibited, 

except for passage through, without 

stopping, the Public Closure Area on the 

West or East Playa Roads. Motor vehicle 

is defined in paragraph (G)(3) of Section 

(I). 

F. Waste Water Discharge 

The dumping or discharge to the 

ground of gray water is prohibited. Gray 

water is water used for cooking, 

washing, dishwashing, or bathing and 

which contains soap, detergent, food 

scraps, or food residue. 

G. Weapons 

The possession of any weapon as 

defined in paragraph (K)(2) of Section (I) 

is prohibited except weapons within 

motor vehicles passing through the 

closure area, without stopping on the 

West or East Playa Roads. 

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. 

Authority: 43 CFR 8364.1. 

Dated: June 30, 2009. 

Gene Seidlitz, 

District Manager. 

[FR Doc. E9–18721 Filed 8–4–09; 8:45 am] 

BILLING CODE 4310–HC–P 

INTERNATIONAL TRADE 

COMMISSION 

[USITC SE–09–022] 

Government in the Sunshine Act 

Meeting Notice 

AGENCY HOLDING THE MEETING: United 

States International Trade Commission. 

TIME AND DATE: August 13, 2009 at 3:30 

p.m. 

PLACE: Room 101, 500 E Street, SW., 

Washington, DC 20436, Telephone: 

(202) 205–2000. 

STATUS: Open to the public. 

MATTERS TO BE CONSIDERED: 

1. Agenda for future meetings: None. 

2. Minutes. 

3. Ratification List. 

4. Inv. No. 731–TA–1163 

(Preliminary) (Woven Electric Blankets 

from China)—briefing and vote. (The 

Commission is currently scheduled to 

transmit its determination to the 

Secretary of Commerce on or before 

August 14, 2009; Commissioners’ 

opinions are currently scheduled to be 

transmitted to the Secretary of 

Commerce on or before August 21, 

2009.) 

5. Outstanding action jackets: None. 

In accordance with Commission 

policy, subject matter listed above, not 


srobinson on DSKHWCL6B1PROD with NOTICES