Temporary Closure and Restrictions of Specific Uses on Public Lands for the Burning Man Event (Permitted Event), Pershing County, NV, 39863-39867 [2023-13016]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 88, Number 117 (Tuesday, June 20, 2023)]
[Notices]
[Pages 39863-39867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13016]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[BLM_NV_FRN_MO#4500171000]


Temporary Closure and Restrictions of Specific Uses on Public 
Lands for the 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 Black Rock Desert playa public lands within and 
adjacent to the Burning Man Event authorized under a Special Recreation 
Permit (SRP).

DATES: This action is in effect for a 66-day period each year from 2023 
through 2027 for the Burning Man Event. The event takes place annually 
from approximately the last week of August through Labor Day weekend. 
The 31 days prior to the event will be dedicated to set up of the Black 
Rock City and the building of the art displays, 9 days will be 
dedicated to the event, and 26 days post-event will be dedicated to the 
breakdown of the city and art displays and conducting cleanup of the 
playa. The BLM will post the dates for each Burning Man Event, copies 
of the temporary closure and 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, Burning Man 
Project Offices, Friends of Black Rock-High Rock Office, the BLM-Nevada 
Black Rock Station near Gerlach, the BLM-California Applegate Field 
Office, and on the BLM website at the address provided below every year 
at least 30 days prior to the events.

ADDRESSES: Winnemucca District, 5100 E Winnemucca Blvd., Winnemucca, NV 
89445-2921; BLM website: www.blm.gov/nevada.

FOR FURTHER INFORMATION CONTACT: James Boerigter, Field Manager, BLM 
Black Rock Field Office, Winnemucca District, 5100 E Winnemucca Blvd., 
Winnemucca, NV 89445-2921; telephone: (775) 623-1500; email: 
[email protected]. Individuals in the United States who are deaf, 
deafblind, hard of hearing, or have a speech disability may dial 711 
(TTY, TDD, or TeleBraille) to access telecommunications relay services. 
Individuals outside the United States should use the relay services 
offered within their country to make international calls to the point-
of-contact in the United States. The TTY 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 within and adjacent to the Burning Man 
Event permitted 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 limit impacts on the general public 
outside of the Burning Man 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, temporary closure area 
during the event itself. Phase 2 includes all of the Phase 1 area.
    The legal description of the affected public lands in the temporary 
public closure area of both stages is Mount Diablo Meridian, Nevada:
    Phase 1, being the smaller area of 9,941 acres, will be effective 
for 26 days prior to build week. Phase 1 resumes for 22 days following 
the end of Phase 2.

Phase 1

Mount Diablo Meridian, Nevada

T. 33 N., R. 24 E., unsurveyed,
    Sec. 1, those portions of the N\1/2\ lying northwesterly of 
playa access road;
    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;
    Secs. 27, 33, and 34, those portions lying southeasterly of West 
Playa Highway;
    Secs. 35 and 36.
T. 34 N., R. 24 E., partly unsurveyed,
    Sec. 25;
    Secs. 26 and 27, those portions lying southeasterly of West 
Playa Highway;
    Sec. 34, those portions of the E\1/2\ lying southeasterly of 
West Playa Highway;
    Secs. 35 and 36.
T. 34 N., R. 25 E., unsurveyed,
    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\.

    The area described contains 9,941 acres, more or less, according to 
the BLM National Public Land Survey System Cadastral National Spatial 
Data

[[Page 39864]]

Infrastructure (PLSS CadNSDI) dataset, the protraction diagrams, and 
the official plats of the surveys of the said lands, on file with the 
BLM.
    Phase 2, being the larger area of 51,149 acres, includes all Phase 
1 lands, will be effective for 20 days, which covers six (6) days prior 
to the event, the event itself, and five (5) days after the event.

Phase 2

Mount Diablo Meridian, Nevada

T. 33 N., R. 23 E.,
    Sec. 25, NE\1/4\NE\1/4\, S\1/2\NE\1/4\, SE\1/4\NW\1/4\, NE\1/
4\SW\1/4\, S\1/2\SW\1/4\, and SE\1/4\;
    Sec. 26, S\1/2\SE\1/4\;
    Sec. 35, NE\1/4\, SE\1/4\NW\1/4\, N\1/2\NE\1/4\SW\1/4\, N\1/
2\NW\1/4\SW\1/4\, N\1/2\NE\1/4\SE\1/4\, and N\1/2\NW\1/4\SE\1/4\;
    Sec. 36, N\1/2\, N\1/2\NE\1/4\SW\1/4\, N\1/2\NW\1/4\SW\1/4\, 
N\1/2\NE\1/4\SE\1/4\, and N\1/2\NE\1/4\SE\1/4\.
T. 33 N., R. 24 E., unsurveyed,
    Secs. 1 thru 3;
    Sec. 4, those portions lying southeasterly of Washoe County Road 
34;
    Sec. 5;
    Sec. 8, NE\1/4\, S\1/2\SW\1/4\, and SE\1/4\;
    Secs. 9 thru 12 and secs. 14 thru 17;
    Sec. 18, SE\1/4\NE\1/4\, S\1/2\SW\1/4\, and SE\1/4\;
    Secs. 19 and 20;
    Sec. 21, excepting M.S. No. 4800;
    Sec. 29, N\1/2\;
    Sec. 30, N\1/2\.
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. 1 and 2, Secs. 11 thru 14, and Secs. 23 thru 26;
    Sec. 27, E\1/2\NE\1/4\, E\1/2\SW\1/4\, and SE\1/4\;
    Sec. 32, those portions of the SE\1/4\ lying northeasterly of 
Washoe County Road 34;
    Sec. 33, NE\1/4\NE\1/4\, S\1/2\NE\1/4\, those portions 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.,
    Secs. 2 thru 4, those portions lying northwesterly of the Black 
Rock Desert, High Rock Canyon National Conservation Area boundary.
T. 34 N., R. 25 E., unsurveyed,
    Secs. 1 thru 4, Secs. 9 thru 16, Secs. 21 thru 28, and Secs. 33 
and 34;
    Secs. 35 and 36, those portions lying northwesterly of the Black 
Rock Desert, High Rock Canyon National Conservation Area boundary.
T. 35 N., R. 25 E., unsurveyed,
    Secs. 25 thru 28 and Secs. 33 thru 36.
T. 34 N., R. 26 E., unsurveyed,
    Secs. 6, 7, 18, 19, and 30;
    Sec. 31, those portions lying north of the Black Rock Desert, 
High Rock Canyon National Conservation Area boundary.
T. 35 N., R. 26 E., unsurveyed,
    Secs. 30 and 31.

    The area described contains 51,149 acres, more or less, according 
to the BLM National PLSS CadNSDI, the protraction diagrams, and the 
official plats of the surveys of the said lands, on file with the BLM.
    The two-phase temporary closure area is in Pershing County, Nevada, 
and is necessary for the specified period because of the Burning Man 
Event. The event's activities begin with the golden spike, fencing the 
site perimeter, Black Rock City setup (31 days), followed by the actual 
event (9 days), Black Rock City tear down and cleanup, and final site 
cleanup (26 days). This event is authorized on public land under a 
Special Recreation Permit.
    The public temporary closure area comprises about 33 percent of the 
Black Rock Desert playa. Public access to the other 67 percent of the 
playa outside the temporary closure area will remain open to dispersed 
recreational 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 staff, volunteers, 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.
    The event attracts up to 87,000 staff and 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 event Black 
Rock City, the temporary city associated with the event, becomes one of 
the largest populated 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 Burning Man 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, as well as at the Gerlach Post Office, Bruno's 
Restaurant, Empire Store, Burning Man Project Offices, Friends of Black 
Rock-High Rock Office, 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 for the 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 Burning Man Event on the Black Rock Desert playa 
approximately thirty-one (31) days prior to the event until 
approximately twenty-six (26) days post-event.

Temporary Restrictions

A. Environmental Resource Management and Protection

    (1) 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 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. 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.
    (2) Fireworks: The use 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.
    (3) Grey and Black Water Discharge: The discharge and dumping of 
grey and 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.

[[Page 39865]]

    (4) Human Waste: The depositing of human waste (liquid and/or 
solid) on the playa/ground surface is prohibited.
    (5) Trash: The discharge of any and all trash or 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.
    (6) Hazardous Materials: The 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.
    (7) Fuel Storage:
    (a) The storage of greater than 110 gallons of liquid fuel in a 
single camp is prohibited. For purposes of this restriction, LP-Gas is 
not considered liquid fuel and must be stored separately from liquid 
fuel.
    (b) Fuel tanks that are not purpose-built auxiliary tanks may not 
be incorporated into fuel systems for the purpose of circumventing the 
110-gallon liquid fuel limit.
    (c) Each camp storing liquid fuel must establish a designated fuel 
storage area at least ten (10) feet apart from combustible materials; 
twenty-five (25) feet from vehicles, camp trailers/RV's, generators, 
and any sources of ignition (such as burning cigarettes, open flame, 
electrical connections, or trailer/RV appliances); twenty (20) feet 
from LP-gas storage; and one hundred (100) feet from other designated 
liquid fuel storage areas.
    (d) Fuel storage containers, regardless of size or type, shall not 
exceed 80 percent capacity per container.
    (e) Storage areas for all liquid 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 percent of 
the largest container being stored. Secondary containment measures must 
comply with the following:
    (i) The secondary containment system must be free of cracks or gaps 
and constructed of materials impermeable to the fuel(s) being stored.
    (ii) The secondary containment system must be designed to allow the 
removal of any liquids captured from leaks, spills, or precipitation.
    (8) Water Discharge: The unauthorized dumping or discharge of fresh 
water onto the playa surface, onto city streets 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 Special Recreation 
Permit Additional Stipulations for the permitted event, all vendors and 
air carrier services must provide proof of authorization to operate at 
the 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

    (1) The public closure area is closed to aircraft landing, takeoff, 
and taxiing. Aircraft is defined in Title 18, U.S.C., section 31 
(a)(1), and includes lighter-than-aircraft and ultra-light craft. The 
following exceptions apply:
    (a) 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 
(06:00 through 18:30) of the airport as described in the Burning Man 
Operating Plan. All pilots using the Black Rock City Airport must agree 
to and abide by the published airport rules and regulations;
    (b) Only fixed wing aircraft 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
    (c) 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:
    (a) The following are prohibited:
    (i) Consumption or possession of any alcoholic beverage by a person 
under 21 years of age on public lands; and
    (ii) Selling, offering to sell, or otherwise furnishing or 
supplying any alcoholic beverage to a person under 21 years of age on 
public lands.
    (3) Definitions:
    (a) Open container: Any bottle, can, or other container that 
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 
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 that 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:
    (a) Engages in fighting or violent behavior;
    (b) 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
    (c) 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:
    (a) Has been trespassed from the event by the permit holder;
    (b) Has been evicted from the event by the BLM;
    (c) 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

[[Page 39866]]

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:
    (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, except for mutant vehicles, or other vehicles registered 
with the permitted event organizers and operated within the scope of 
that registration.
    (c) 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.
    (d) Motor vehicles and trailers must not block a street used for 
vehicular travel or a pedestrian pathway.
    (e) 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.
    (f) 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.
    (g) 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 Burning Man Project's Department of Mutant Vehicle 
requirements.
    (h) 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, 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 Burning Man Project's 
Department of Mutant Vehicle requirements.
    (i) Motorcycles or golf carts require only one working headlamp and 
one working taillight during night hours, from a half-hour after sunset 
to a half-hour before sunrise, unless registered with the permitted 
event organizers and operated within the scope of that registration, so 
long as they are adequately lit according to Burning Man Project's 
Department of Mutant Vehicle requirements.
    (j) 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:
    (a) Participant arrival and departure on designated routes;
    (b) BLM, medical, law enforcement, and firefighting vehicles are 
authorized at all times;
    (c) 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;
    (d) Vehicles used by disabled drivers and displaying official State 
disabled driver license plates or placards;
    (e) 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;
    (f) 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.
    (g) Support vehicles for art vehicles, mutant vehicles, and theme 
camps will be allowed to drive to and from fueling stations.
    (3) 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 mobility-impaired person for 
locomotion.
    (c) ``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.
    (d) A mutant vehicle (art car) must be licensed by Burning Man 
Project and is built from scratch or has been modified, customized, or 
changed (i.e., `mutated') from its original form. A mutant vehicle is, 
in essence, a unique, motorized creation that either shows little or no 
resemblance to its original form, or any standard street vehicle.

I. Public Camping

    The public closure area is closed to public camping with the 
following exception:
    (1) The permitted event's ticket holders who are camped in 
designated event areas provided by the permit holder;
    (2) Ticket holders who are camped in the authorized pilot camp;
    (3) The permit holder's authorized staff, contractors, and BLM 
authorized event management camps
    (4) Individuals or groups who have been permitted by the BLM.

J. Public Use

    The public closure area is closed to entry and use by members of 
the public unless that person:
    (1) Is traveling through, without stopping, the public closure area 
on the west or east playa roads;
    (2) possesses a valid ticket to attend the event;
    (3) 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;
    (4) 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;
    (5) 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: 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) For public health and safety reasons, the possession or 
discharge of

[[Page 39867]]

any weapon is prohibited starting two (2) days prior to the event, the 
nine (9) days of the event, and for two (2) days after the event, with 
three exceptions:
    (a) Unloaded weapons may be carried within motor vehicles that are 
passing through, without stopping, the Phase 2 closure area on 
designated playa routes;
    (b) County, State, Tribal, and Federal law enforcement personnel 
who are working in their official capacity at the event are not 
prohibited from possessing or discharging weapons; and
    (c) Art that includes weapons will be allowed only after receipt of 
authorization from both the special recreation permit holder and 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 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.
    (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 or 
the ignition of a propellant.

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.)

Bradlee A. Matthews,
Deputy District Manager, Winnemucca District Office, Winnemucca 
District.
[FR Doc. 2023-13016 Filed 6-16-23; 8:45 am]
BILLING CODE 4331-21-P