Record of Determination for a Partial and Temporary Closure of National Mall and Memorial Parks for Removal and Replacement of Smithsonian/National Mall Metro Escalator

The National Mall and Memorial Parks is closing the south inner gravel walkway, between 12'" Street and 13'" Street, NW on the grounds of the National Mall. The closure is for the removal and replacement of (3) three entrance escalators into the Smithsonian/National Mall Metro Station, North Entrance. The walkway closure will occur from I I :00 pm and last till 5:00 am on the nights of July 30, 2018 through August 07, 2018; November 12, 2018 through November 20, 2018; and March 11 , 2019 through March 19, 2019. These closures for the replacement of the escalator are required for the safety and welfare of the general public. These dates may be subject to change depending on construction schedules and weather
conditions.

The park closure is necessary for the protection of environmental and scenic values and natural and cultural resources. Less restrictive measures will not suffice due to the necessity for the public to be protected from contractor activities to include, but not limited to, heavy equipment and construction personnel. This temporary closure is not of a nature, magnitude and duration that will result in a "significant alteration in the public use pattern". Alternate walks will be c learly identified for pedestrians on signage in the work area. The closure will not adversely affect the park's natural, aesthetic or cultural values; nor require sign ificant modification to the resource management objections; nor is it of a highly controversial nature.
Accordingly, the National Park Service determines publication as rulemaking in the Federal Register is unwarranted Under 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.

Picciotto v. United States. No. 99-2113 (D.D.C.); Picciotto v. United States, No. 94-1935 (D.D.C.); Picciotto v. Lulan, No. 90-1261 (D.D.C.); Picciotto v. Hodel, No. 87-3290 (D.D.C.); Spiegel v. Babbitt, 855 F.Supp. 402 (D.D.C. 1994), aftld in part w/o op. 56 F.3d 1531 (D.C. Cir. 1995).

Pursuant to 36 C.F.R.§ 1.7, notice of this temporary and pa1tial closure will be made through fencing and posting of signs at conspicuous locations in the affected park area. Finally, pursuant to 36 C.F.R. § 1.5( c), this determination is avai lable to the public upon request.

Patricia S. Trap /s/, 7-31-18
Acting Superintendent, National Mall and Memorial Parks

Last updated: August 1, 2018

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