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, 46268-46270 [2021-17736]
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46268
Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Notices
made available for public disclosure in
their entirety.
Next Steps
If we decide to issue permits to any
of the applicants listed in this notice,
we will publish a notice in the Federal
Register.
Authority
We publish this notice under section
10(c) of the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et
seq.).
Lori Nordstrom,
Assistant Regional Director, Ecological
Services.
[FR Doc. 2021–17664 Filed 8–17–21; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[212 LLOR930000 L16100000.DF0000]
Notice of Availability of the Legal
Description and Maps Depicting
Oregon and California Railroad
Revested Lands, Oregon
Bureau of Land Management,
Interior.
ACTION: Notice of availability.
AGENCY:
In accordance with the
Western Oregon Tribal Fairness Act, the
Bureau of Land Management (BLM) is
providing notice of the availability of
the legal description and maps
depicting Oregon and California
Railroad Revested (O&C) lands in
western Oregon that were conveyed to
two tribes in 2018, and other public
domain lands in western Oregon that
were reclassified as O&C lands in 2020.
ADDRESSES: The maps are available for
public inspection electronically at
https://eplanning.blm.gov/eplanning-ui/
project/121073/570.
FOR FURTHER INFORMATION CONTACT: Paul
Tigan, Field Manager, Bureau of Land
Management, Northwest Oregon
District, 1717 Fabry Road SE, Salem,
Oregon, 97306; telephone: 971–600–
7366; email: pdtigan@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 Mr. Tigan. The FRS is
available 24 hours a day, 7 days a week,
to leave a message or question. You will
receive a reply during normal business
hours.
SUPPLEMENTARY INFORMATION: As
required by the Western Oregon Tribal
Fairness Act (Pub. L. 115–103)
(WOTFA), the BLM reclassified public
jbell on DSKJLSW7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:34 Aug 17, 2021
Jkt 253001
domain lands under its administration
in western Oregon as O&C lands (43
U.S.C. 2601 et seq.). Section 102 of the
WOTFA conveyed BLM-administered
lands to the Cow Creek Band of the
Umpqua Tribe of Indians and Section
202 of the WOTFA conveyed BLMadministered lands to the Confederated
Tribes of Coos, Lower Umpqua and
Siuslaw Indians. Sections 105 and 205
of the WOTFA required the BLM to
reclassify public domain lands as O&C
lands in approximately equal acreage
and condition as the conveyed O&C
lands. In accordance with sections
105(c) and 205(c) of the WOTFA, the
BLM has prepared maps depicting the
conveyed lands. Also, in accordance
with sections 105(c) and 205(c) of the
WOTFA, the BLM has prepared maps
depicting the reclassified lands.
As required by the WOTFA, the BLM
provided opportunity for public
comment prior to finalizing the
identification of the reclassified lands.
Public comment opportunities included
a 30-day public scoping period and a
30-day public comment period on the
environmental assessment developed by
the BLM to assess alternatives for
potential lands for reclassification.
The maps described herein have been
submitted to Congress and are available
for public inspection (see ADDRESSES).
(Authority: P.L. 115–103, 131 STAT. 2253)
Barry R. Bushue,
BLM Oregon/Washington State Director.
[FR Doc. 2021–17663 Filed 8–17–21; 8:45 am]
BILLING CODE 4310–33–P
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
Bureau of Land Management,
Interior.
ACTION: Notice of temporary restrictions.
AGENCY:
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
SUMMARY:
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Fmt 4703
Sfmt 4703
and adjacent to the Black Rock Desert
playa.
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:
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 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:
DATES:
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. 331⁄2 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. 351⁄2 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. 351⁄2 N., R. 26 E.
T. 36 N., R. 26 E.,
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Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Notices
jbell on DSKJLSW7X2PROD with NOTICES
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 RockHigh 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: https://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
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17:34 Aug 17, 2021
Jkt 253001
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.
PO 00000
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46269
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, touchand-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).
E:\FR\FM\18AUN1.SGM
18AUN1
46270
Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Notices
G. Motor vehicle is defined as any
device designed for and capable of
travel over land and which is selfpropelled 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.
I. Public Comment Procedures
II. Background
III. Discussion
IV. Procedural Matters
V. Proposed Supplementary Rules for the
BLM Moab Field Office
[FR Doc. 2021–17736 Filed 8–17–21; 8:45 am]
BILLING CODE 4310–HC–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[212 LLUTY01000 L12200000.MA0000]
Notice of Proposed Supplementary
Rules for the Klondike Bluffs Area of
Public Lands Managed by the Moab
Field Office in Grand County, UT
Bureau of Land Management,
Interior.
ACTION: Notice of proposed
supplementary rules.
jbell on DSKJLSW7X2PROD with NOTICES
AGENCY:
These proposed
supplementary rules would limit
camping to developed campgrounds and
designated campsites within the
SUMMARY:
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17:34 Aug 17, 2021
Jkt 253001
Klondike Bluffs Mountain Bike Focus
Area and a nearby isolated 160-acre
Bureau of Land Management (BLM)
parcel. The rules would require the use
of portable toilets at designated
campsites where constructed toilets are
not provided. Additionally, the
proposed supplementary rules would
prohibit wood cutting and collecting in
the Klondike Bluffs Mountain Bike
Focus Area and the nearby 160-acre
parcel.
DATES: Comments on the proposed
supplementary rules must be received
or postmarked by October 18, 2021.
ADDRESSES: Comments may be
submitted by mail, hand delivery, or
email to the BLM Moab Field Office,
Attention: Katie Stevens, 82 East
Dogwood Avenue, Moab, UT 84532, or
kstevens@blm.gov. The proposed
supplementary rules and accompanying
environmental documents are available
for inspection at the BLM Moab Field
Office at the address listed above and on
the ePlanning website at: https://
eplanning.blm.gov/eplanning-ui/
project/117076/510. To access this link,
please copy it into any browser other
than internet Explorer.
FOR FURTHER INFORMATION CONTACT:
Jennifer Jones, Assistant Field Manager
for Recreation, BLM Moab Field Office,
82 East Dogwood Avenue, Moab, UT
84532, (435) 259–2100, or blm_ut_mb_
mail@blm.gov. Persons who use a
telecommunications device for the deaf
may call the Federal Relay Service (FRS)
at 1–800–877–8339 to leave a message
or question for the above individual.
The FRS is available 24 hours a day, 7
days a week. Replies are provided
during normal business hours.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
Written comments on the proposed
supplementary rules must be sent in
accordance with the information
outlined in the DATES and ADDRESSES
sections of this notice. The BLM is not
obligated to consider comments
received after the close of the comment
period (see DATES) unless they are
postmarked or electronically dated
before the deadline. The BLM is not
obligated to consider comments
delivered to an address other than that
listed above in ADDRESSES. Comments
should be specific, confined to issues
pertinent to the proposed
supplementary rules, and should
PO 00000
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Fmt 4703
Sfmt 4703
explain the reason for any
recommended change. Where possible,
comments should reference the specific
section or paragraph of the proposed
rule the comment is addressing.
Comments, including names,
addresses, and other contact
information of respondents, will be
available for public review at the BLM
Moab Field Office, 82 East Dogwood
Avenue, Moab, UT 84532, during
regular business hours (7:45 a.m.–4:30
p.m., Monday through Friday, except
Federal holidays). Before including your
address, phone number, email address,
or other personal identifying
information in your comment, you
should be aware that your entire
comment—including your personal
identifying information—may be made
publicly available at any time. While
you can ask the BLM in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee we will be able to do
so.
II. Background
In September 2019, the BLM issued a
Decision Record on an Environmental
Assessment (EA) to limit camping to
designated sites and developed
campgrounds in the Klondike Bluffs
Mountain Bike Focus Area and a nearby
isolated 160-acre parcel of BLMadministered land that is completely
surrounded by lands managed by the
State of Utah. During the EA process,
the BLM identified the need to establish
enforceable supplementary rules
concerning camping at these locations.
The BLM has documented significant
increases in visitation numbers and
resulting pressures on camping areas in
the Moab Field Office. Therefore, the
BLM has determined these proposed
rules are necessary to increase
sustainable camping and recreation
opportunities, provide for visitor health
and safety, prevent undue degradation
of natural and cultural non-renewable
resources, and promote high-quality
outdoor recreation opportunities.
During the 15-day public comment
period for the EA, the BLM received 14
comments, of which 13 were in support
of the proposal. The proposal was also
supported by Grand County, Utah. The
Utah Governor’s Office of Economic
Development commented and offered
monetary assistance with building a
campground in the Klondike Bluffs area
to enhance the quality of the world-class
recreation opportunities.
E:\FR\FM\18AUN1.SGM
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]]>Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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:
[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 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: https://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
