Temporary Skate Floor Closure

Record of Determination for Temporary Closure of Anacostia Park Skating Pavilion for Repainting of Skate Floor

Pursuant to 36 C.F.R. §1.5, the National Park Service (NPS) will temporarily close the Anacostia Park Skating Pavilion on May 8th, 2023, in order to repaint the surface of the Skating Pavilion floor. This work is completed annually and will be completed within two weeks. Fencing will be placed around the skating floor during this time. The anticipated re-opening of the Skating Pavilion is May 18th. This closure prohibits all visitors from utilizing the Anacostia Skating Pavilion floor and is necessary for the paint to dry and the safety of park visitors and NPS employees while the work is performed. 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 this temporary closure 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 Date Superintendent, National Capital Parks - East
May 4, 2023