[Federal Register Volume 86, Number 157 (Wednesday, August 18, 2021)]
[Notices]
[Pages 46268-46270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17736]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVW03500 12320000.MA0000 19X WBS CODE: LVRDNV190000.241A.21XL5017AP 
MO# 4500154486]


Temporary Restrictions of Specific Uses on Public Lands Within 
the Black Rock Desert--High Rock Canyon Emigrant Trails National 
Conservation Area (Black Rock Desert Playa) Humboldt County, Pershing 
County, and Washoe County, NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of temporary 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 temporary 
restrictions to protect public safety and resources on public lands 
both within and adjacent to the Black Rock Desert playa.

DATES: The temporary restrictions will apply from August 18, 2021, to 
11:59 p.m. on October 31, 2021.

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: 
<a href="/cdn-cgi/l/email-protection#a8c5cdc0c9c4c4e8cac4c586cfc7de"><span class="__cf_email__" data-cfemail="88e5ede0e9e4e4c8eae4e5a6efe7fe">[email protected]</span></a>. 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 restrictions affect public 
lands both within and adjacent to the Black Rock Desert playa within 
the Black Rock Desert-High Rock Canyon Emigrant Trails National 
Conservation Area in Humboldt, Pershing, and Washoe Counties, Nevada. 
The temporary restrictions on public lands will be conducted to limit 
impacts to the natural resource and provide for public health and 
safety.
    The restricted area of the affected public lands falls within the 
following described area:

Mount Diablo Meridian, Nevada

T. 32 N., R. 23 E.,
    Secs. 1 thru 3, secs. 10 thru 14, and secs. 23 thru 26.
T. 33 N., R. 23 E.,
    Secs. 24 thru 26 and secs. 34 thru 36.
T. 32 N., R. 24 E.,
    Secs. 5 thru 7 and sec. 18.
T. 33 N., R. 24 E.,
    Secs. 1 thru 5, secs. 7 thru 23, and secs. 27 thru 33.
T. 33\1/2\ N., R. 24 E.,
    Secs. 25 thru 29 and secs. 33 thru 36.
T. 34 N., R. 24 E.,
    Secs. 1 and 2, secs. 10 thru 15, secs. 21 thru 28, secs. 32 thru 
36.
T. 35 N., R. 24 E.,
    Sec. 13, secs. 23 thru 26, and secs. 35 and 36.
T. 33 N., R. 25 E.,
    Secs. 1 thru 4, secs. 9 and 10, and sec. 16.
T. 34 N., R. 25 E.
T. 35 N., R. 25 E.
T. 35\1/2\ N., R. 25 E.,
    Secs. 25 thru 27 and secs. 33 thru 36.
T. 36 N., R. 25 E.,
    Sec. 13, secs. 21 thru 29, and secs. 32 thru 36.
T. 34 N., R. 26 E.,
    Secs. 1 thru 11, secs. 15 thru 22, and secs. 28 thru 33.
T. 35 N., R. 26 E.
T. 35\1/2\ N., R. 26 E.
T. 36 N., R. 26 E.,

[[Page 46269]]

    Sec. 7, secs. 17 thru 20, and secs. 28 thru 33.
T. 35 N., R. 27 E.,
    Secs. 6, 7, 18, 19, 30, and 31.

    The restriction area, (129,173 acres) includes the entire Black 
Rock Desert playa. The temporary restrictions will apply from August 
18, 2021 until 11:59 p.m. on October 31, 2021.

    The temporary restrictions are necessary because the BLM 
anticipates increased visitation and use of the Black Rock Desert 
playa. The proposed Burning Man event was cancelled by the permit 
applicant for the second year in a row. The Burning Man event 
historically has attracted up to 80,000 participants to what has been 
traditionally called Black Rock City, Nevada. As a result, many members 
of the public who had planned on attending that event have instead 
expressed an interest in informal gatherings on the playa throughout 
the summer of 2021. The BLM has received many inquiries and has 
reviewed available information online and has determined that use of 
the playa is likely to be high. These temporary restrictions are 
necessary to provide a safe environment for members of the public 
visiting the Black Rock Desert playa as well as special recreation 
permittees. The temporary restrictions will also protect public land 
resources by addressing likely impacts associated with increased use of 
the Black Rock Desert playa. A temporary restriction order, under the 
authority of 43 CFR 8364.1, is appropriate because the restrictions 
listed below are specifically tailored to the time frame that is 
necessary to provide a safe environment for the public 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 these 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, 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 apply and enforce the following temporary 
restrictions within the Black Rock Desert playa from August 18, 2021, 
through October 31, 2021:

Temporary Restrictions

    1. Commercial activities, as defined at 43 CFR 2932.5, are 
prohibited.
    2. Camping use is limited to the flat and un-vegetated playa 
surface.
    3. Building of structures is prohibited. A structure is defined as 
construction, placement or organization of parts, pieces, or objects 
that are not intended for sleeping, cooking, or protection from the 
elements, such as shade tents.
    4. Ignition of fires other than a campfire is prohibited, unless 
specified by a fire prevention order. Campfires may only be burned in 
containers that are sturdily elevated six (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. Burning of construction materials, pallets, 
or wood with screws or nails is prohibited.
    5. Possessing, discharging, using or allowing the use of fireworks, 
pyrotechnic or incendiary devices is prohibited.
    6. Possessing, shooting, or causing to burn; explosives or 
explosive material, to include binary explosive targets is prohibited.
    7. The discharge and dumping of grey water or black 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 wastewater containing feces, urine and/or 
flush water.
    8. Depositing human waste (liquid and/or solid) on the playa/ground 
surface is prohibited.
    9. 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.
    10. Storage of over 20 gallons of fuel must include secondary 
containment capable of holding and preventing leaks and spills on the 
playa surface. Storage of less than 20 gallons must include a spill pad 
or other measures to prevent leaks and spills. Secondary containment is 
defined as capturing the entire contents of the largest tank in the 
containment area in the event of a leak or spill.
    11. Unauthorized dumping or discharge of fresh water onto the playa 
surface in a manner that creates a hazard or nuisance is prohibited.
    12. Aircraft landing, taking off, touch-and-go landings, and 
taxiing is prohibited. Aircraft is defined in Title 18, U.S.C., section 
31(a)(1) and includes lighter-than-aircraft and ultra-light craft. 
However, in an emergency, fixed wing aircraft and helicopters that are 
providing emergency medical services are not prohibited.
    13. 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. An open container is defined as 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. The 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.
    14. All motor vehicles must comply with the following requirements:
    A. The operator of a motor vehicle must possess a valid driver's 
license.
    B. Motor vehicles and trailers must possess evidence of valid 
registration.
    C. It is prohibited to ride on the top of or outside of the 
passenger compartment (the area intended for sitting inside a vehicle).
    D. Motor vehicles, other than a motorcycle or golf cart, must be 
equipped with at least two working headlamps and at least two 
functioning red tail lamps. Motorcycles or golf carts require only one 
working headlamp and one working red taillight during night hours, from 
a half-hour after sunset to a half-hour before sunrise. Trailers pulled 
by motor vehicles must be equipped with at least two functioning tail 
lamps and at least two functioning brake lights.
    E. Motor vehicles, including motorcycles or golf carts, must 
display a red, amber, or yellow brake light visible to the rear in 
normal sunlight upon application of the brake.
    F. Except for the flat and un-vegetated playa surface, all vehicle 
use is limited to designated vehicle routes (roads and ways).

[[Page 46270]]

    G. Motor vehicle is defined as any device designed for and capable 
of travel over land and which is self-propelled by a motor.
    H. Trailer means every vehicle without motor 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.
    15. The possession and or use of lasers is prohibited. A laser 
means any 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.
    16. The use or discharge of flame effects is prohibited. Flame 
effect is defined as the combustion of solids, liquids, or gases to 
produce thermal, physical, visual, or audible phenomena. This includes 
all flames that are automated, switched, pressurized or having any 
other action than simply being lit on fire; as well as projects using 
propane or other liquid or gaseous fuels.
    Enforcement: Any person who violates 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 Hall,
Field Manager, Black Rock Field Office, Winnemucca District.
[FR Doc. 2021-17736 Filed 8-17-21; 8:45 am]
BILLING CODE 4310-HC-P


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