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Pursuant to 36 C.F.R § 1.5, the National Park Service is imposing a temporary closure of the Chattahoochee River between McGinnis Ferry (river mile 339) and Abbotts Bridge (river mile 335). This closure is effective from 08:00 am to 04:00 pm on 10/11/2021 during the construction removal of Rogers Bridge. Accordingly, pursuant to 36 C.F.R. § 1.5(b), publication as rulemaking in the Federal Register is unwarranted. This is consistent with hundreds of past partial and temporary park closures or public use limitations, the legal opinion of the Office of the Solicitor, and past judicial adjudications. See e.g., Mahoney v. Norton, No. 02-1715 (D.D.C. August 29, 2002), plaintiff’s emergency motion for 2 injunction pending appeal denied Mahoney v. Norton, No. 02-5275 (D.C. Cir. September 9, 2002) (per curiam) (public use limitation); Picciotto v. United States, No. 99-2113 (D.D.C. August 6, 1999) (closure); Picciotto v. United States, No. 94-1935 (D.D.C. September 9, 1994)(closure); Picciotto v. Lujan, No. 90-1261 (D.D.C. May 30, 1990)(closure); Picciotto v. Hodel, No. 87-3290 (D.D.C. January 26, 1988)(closure); Spiegel v. Babbitt, 855 F.Supp. 402 (D.D.C. 1994), aff'd in part and vacated with instruction to dismiss in part w/o op. 56 F.3d 1531 (D.C. Cir. 1995), cert. denied 516 U.S. 1046 (1996) (public use limitation). Pursuant to 36 C.F.R. § 1.7, notice of the public closure will be made by social media. Pursuant to 36 C.F.R. § 1.5(c), this Record of Determination is available to the public upon request.
__/s/ Ann Honious______10/8/2021_________ Superintendent, Ann Honious – Chattahoochee River NRA |
Last updated: October 8, 2021