Record of Determination for a Partial and Temporary Closure of a Portion of Certain Federal Parkland at the Carter Barron Parking Lot for Human Health and Safety

Pursuant to 36 CFR 1.5(a), Rock Creek Park, a unit of the National Park Service, is temporarily closing a portion of parkland, specifically the south and southwest sections of the parking lot at the Carter Barron Amphitheater (US Reservation 339) to allow the safe operation of District of Columbia snow storage activities as a result of Winter Storm Fern. The parking lot area identified on the map attached to this Record of Determination will be fully closed to all public use effective immediately and lasting through 5:00 pm March 31, 2026, or earlier depending on snow melt. The closed areas will be more specifically identified on site by barricades and signage. The closed areas will be accessible only to National Park Service employees and District of Columbia employees and contractors.

The temporary closure of this park area is necessary to protect the public from any safety hazards associated with the operation of dump trucks, loaders, and other heavy equipment dropping off and piling snow. Less restrictive measures are not possible given the need to close the area to protect the public from unsafe conditions. 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." The portion of the parking lot closer to the Tennis Center will remain open to parking, and all nearby unpaved park areas will remain open to the public.

Accordingly, the National Park Service has determined publication as rulemaking in the Federal Register is unwarranted under 36 CFR 1.5(c). The partial and temporary park closure and public use limitation is consistent with hundreds of other temporary park closures, the legal opinion of the Office of the Solicitor, and judicial adjudications. 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), plaintiffs’ emergency motion for appeal for injunction pending appeared denied Mahoney v. Norton, No. 02-5275 (D.C.Cir. September 9, 2002) (per curiam); 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); Speigel v. Babbitt, 855 F Supp. 402 (D.D.C. 1994), affd in parr wlo op. 56F. 3d 1531(D.C.Cir. 1995), reported in full, 1995 US App. Lexis 15200 (D.C.Cir. May 31,1995).

Pursuant to 36 CFR 1.7, notice of this temporary and partial closure will be made through public outreach and by the posting of signs at conspicuous locations in the affected park area. Finally, pursuant to 36 CFR l.5(c), this determination is available to the public upon request.

Brian D. Joyner
Superintendent