RECORD OF DETERMINATION FOR A PARTIAL AND TEMPORARY CLOSURE OF A PORTION OF THE GEORGE WASHINGTON MEMORIAL PARKWAY FOR PUBLIC HEALTH AND SAFETY
Pursuant to 36 CFR 1.5(a), George Washington Memorial Parkway is temporarily and partially closing limited park areas for public health and safety because of damages created by Hurricane Isabel. Specifically, from approximately 9/19/03 12:00 AM until further notice the following areas will be closed: Belle Haven Marina; Dyke Marsh Wildlife Preserve; Mount Vernon Trail between Riverside Park and Fort Hunt Park & between Alexandria Avenue and The City Of Alexandria; Theodore Roosevelt Island; The Potomac Heritage Trail between Theodore Roosevelt Island and Turkey Run Park; and Fort Marcy.
This temporary and partial closure for repairs to facilities and trails is necessary for the maintenance of public health and safety. Less restrictive measures will not suffice because damages are too extensive and require time for repairs to make areas safe for public use. It is not of a nature, magnitude and duration that will result in a "significant alteration in the public use pattern" because of the limited closure period for these areas and because other nearby park areas in the George Washington Memorial Parkway will remain open to the public.
As such, the closure does not constitute an impairment to park resources and values and will not adversely affect the park's natural, aesthetic or cultural values. It does not require significant modification to the resource management objections. It is also not of a highly controversial nature because Hurricane Isabel created extensive damage throughout the metropolitan area that is requiring significant time for all jurisdictions to make repairs. In addition, resources needed to make repairs are in short supply because of the widespread damage along the east coast. Accordingly, the National Park Service determines that publication as rulemaking in the Federal Register is unwarranted under 36 CFR 1.5(c). This is consistent with the George Washington Memorial Parkway's past partial and temporary closure. This is also consistent with the legal opinion of the Office of the Solicitor and past judicial adjudications. Spiegel v. Babbitt, 855 F. Supp. 402 (D.D.C.1994).
Pursuant to 36 CFR 1.7, notice of this temporary and partial closure will be made by fencing of certain areas, and the posting of signs at conspicuous locations. Finally, pursuant to 36 CFR 1.5(C), this determination is available to the public upon request.
/S/Signed
George Washington Memorial Parkway Superintendent
Date: 9/24/03 | 
