|
Pursuant to 36 CFR 1.5, the National Park Service is imposing a temporary closure to park areas in the National Capital Region for Gravelly Point, Roaches Run, Daingerfield Island, the Mount Vernon Trail (Humpback Bridge to 4 Mile Run), Poplar Point, and Hains Point. The closures at Gravelly Point, Roaches Run, Daingerfield Island, the Mount Vernon Trail (Humpback Bridge to 4 Mile Run), and Poplar Point were implemented on an emergency basis following the incident described below; they will continue until 11:59 p.m. on February 10, 2025. In addition, the closure at Hains Point will start on January 31, 2025, and continue until 11:59 p.m. on February 10, 2025. If circumstances permit, the closure may be lifted sooner upon further notice, should the Incident Command no longer need an area. Unauthorized entry or activity is prohibited in this area while it is closed. Because of a mid-air crash that happened on January 29, 2025, at Ronald Reagan Washington National Airport (DCA) between a helicopter and an airplane, recovery activities are required to retrieve vehicle wreckage and responding professionals will occupy these park areas during this time. Safety and security require restriction of all access to the areas being utilized to respond to the incident, so the public will not be permitted in these areas. Persons are to immediately remove themselves and any personal property from these closed areas. Violation is prohibited. This temporary closure is not of a nature, magnitude, and duration that will result in a significant alteration in the public use pattern, insofar as nearby park areas that are not necessary for the incident response will remain open to the public. In addition, consistent with public safety, any park areas subject to this decision that are not yet needed for recovery and related activities will remain open until such time as closure is necessary. Fences and/or signage, traffic cones and other barriers will mark closed areas, and they will also be noticed via website and media advisories. Given the safety and security protections necessary in the closed areas for the retrieval of people and wreckage from the plane and helicopter crash from the Potomac River using these areas that are immediately adjacent to the crash location incident response, less restrictive measures will not suffice. The closures will not adversely affect the park area natural, aesthetic, or cultural values, because they are temporary and necessary to respond to this unforeseen incident. The closures do not require significant modification to the park’s resource management objectives and are not of a highly controversial nature because emergency incident response can only take place from park areas adjacent to the crash area, and the response is necessary for public safety. Accordingly, the National Park Service has determined that publication of this temporary restriction as rulemaking in the Federal Register is not required under 36 CFR 1.5(b). This determination is consistent with hundreds of earlier partial or temporary closures, the legal opinion of the Office of the Solicitor, and judicial adjudications that have upheld other NPS closures and public use limitations. Spiegel v. Babbitt, 855 F. Supp. 402 (D.D.C. 1994) affd in part w/o op. 56 F. 3d 1531 (D.C. Cir. 1995), reported in full, 1995 US App. Lexis 15200 (D.C. Cir. May 31, 1995); ANSWER Coalition v. Norton, No. 05-0071, (D.D.C. January 18, 2005), Mahoney v. Norton, No. 02-1715 (D.D.C. August 22, 2002), plaintiff’s emergency motion for appeal for injunction pending appealed denied Mahoney v. Norton, No. 02-5275 (D.C. Cir. September 9, 2002) (per curium); Picciotto v. United States, No. 99-2113 (D.D.C. August 6, 1999); Picciotto v. Lujan, No. 90-1261 (D.D.C. May 30, 1990) Picciotto v. Hodel, No. 87-3290 (D.D.C. December 7, 1987). Nothing in this order is intended to prevent the National Park Service, its employees, volunteers, partners, contractors, subcontractors or designees from access and fulfilling their administrative duties and responsibilities. This order is in effect from January 31, 2025, and will end at 11:59 p.m. on February 10, 2025. Pursuant to 36 CFR Section 1.7, notice of this temporary closure will be made through public advisories, fencing, and posting of signs at conspicuous locations in the affected park area. Finally, pursuant to 36 CFR 1.5, this determination is available to the public upon request. Approval: Jennifer T. Nersesian, Regional Director, National Capital Region Date: January 31, 2025 |
Last updated: January 31, 2025