Record of Determination for Temporary Closure of Fort Dupont Drive During Fort Dupont Park Summer Event Series

Pursuant to 36 C.F.R. §1.5, the National Park Service (NPS) is temporarily closing Fort Dupont Drive, between Randle Circle and Fort Davis Drive, during the Saturday evening 2022 Fort Dupont Park Concert Series. The closures will occur on August 13th, 20th, 27th and September 3rd, 2022, beginning at 12:00pm until the conclusion of the events and crowds have cleared. The Fort Dupont Summer Concert Series draws thousands of visitors. The NPS is taking action to alleviate traffic congestion and to ensure the safety of pedestrians walking the roadway within the park.

These closures prohibit all vehicular traffic along Fort Dupont Drive. Pedestrian traffic will be allowed along the Drive. The temporary closures are necessary for the safety of park visitors, NPS employees, and contractors participating and/or attending the Fort Dupont Park Concert Series. Less restrictive measures will not suffice in ensuring protection of the public, workers, and park resources.

This temporary and partial closure is not of a nature, magnitude and duration that will result in a “significant alteration in the public use pattern.” Other nearby park areas will remain open to the public. The closure will not adversely affect the park’s natural, aesthetic, or cultural values; nor require significant modification to the resource management objectives; nor is it of a highly controversial nature. Accordingly, the NPS determines that publication as rulemaking in the Federal Register, is unwarranted per 36 C.F.R. § l.5(c). This is consistent with hundreds of earlier partial and temporary park closures, the legal opinion of the Office of the Solicitor, and judicial adjudications that have upheld other National Park Service closures and public use limitations to include 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. 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, 2000); Picciotto v. Lujan, No. 90-1261 (D.D.C. May 30, 1990); and Picciotto v. Hodel, No. 87- 3290 (D.D.C. December 7, 1987).

Pursuant to 36 C.F.R.§ 1.7, notice of these temporary closures will be made through media advisories and the park’s website and posting of signs at strategic locations in the affected park area. Finally, pursuant to 36 C.F.R. § 1.5(c), this determination is available to the public upon request.


Tara D. Morrison Aug. 11, 2022
Superintendent, National Capital Parks - East