Record of Determination for the Partial and Temporary Closures of Certain Parkland and Public Use Limitations for the July 4, 2021, Independence Day Celebration

Pursuant to 36 C.F.R. §1.5, the National Park Service is temporarily closing certain designated parklands and imposing a public use limitation for the July 4, 2021, Independence Day Celebration in the following park areas.

National Mall and Memorial Parks

The following areas within National Mall and Memorial Parks will be closed for staging and events associated with the Independence Day Celebration:

• Parking Lot C along Ohio Drive SW near the 14^th Street Bridge beginning June 23 through July 9, 2021, for the staging of logistical equipment for the event. Parking Lots A and B, and the parking area at Survey Lodge, will also close on July 3 and will reopen on July 5, 2021.

• West Potomac Park between West Basin Drive and Inlet Bridge, bounded by Independence Avenue and the Potomac River beginning June 24 through July 9, 2021, for use as a secure safety zone for the storage installation and discharge of the fireworks, as well as the subsequent safety clean-up of any fireworks debris. Additionally, the north western portion of West Potomac Park, between the John Ericsson Memorial and West Basin Drive will be closed beginning July 3 through July 5, 2021, for the staging of visual effects associated with the event. The Franklin Delano Roosevelt Memorial and the Martin Luther King, Jr. Memorial will remain open until July 4, 2021.

• The area around the Lincoln Memorial Reflecting Pool from the north side of Ash Road to the sidewalk south of Constitution Gardens Lake, as well as the terraces and plaza on the east side of Constitution Gardens will be fenced and closed from June 26 through July 9, 2021, so it can be used as a secure safety zone for the storage installation and discharge of the fireworks, as well as the subsequent safety clean-up of any fireworks debris.

• Due to its location within the fireworks fall out zone, the Franklin Delano Roosevelt Memorial will be closed all day on July 4, 2021. In addition, the Martin Luther King, Jr. Memorial and the World War II Memorial will be closed at 4:00 p.m. on July 4, due to their proximity to the fireworks launch sites and fall out zones. All three memorials will re-open to visitation as soon as they are determined to be safe and cleared of debris, which generally occurs twenty-four to forty-eight hours after the fireworks display.

• Finally, the park areas located between Constitution and Independence Avenues and from 14th Street along the Washington Monument grounds to the Potomac River, including up to the west side of Memorial Bridge and Ohio Drive’s Inlet Bridge will be fenced and closed from 6:00 a.m. to 1:00 p.m. on July 4, 2021, to allow the United States Park Police to conduct a security sweep of the area. After the security sweep, the public will have access into these fenced areas only through designated security access points. Non-authorized vehicles will not be allowed through the security access points.

In addition, on July 4, 2021, the United States Park Police will make the following road closures on National Park Service property:

July 4, 2021 at 6:00 AM to July 5, 2021 at 12:00 AM

• Arlington Memorial Bridge and Arlington Memorial Circle, to and including Lincoln Memorial Circle
• Rock Creek Parkway south of Virginia Avenue NW to Lincoln Memorial Circle, including all approaches and ramps
• Parkway Drive from Rock Creek Parkway to Lincoln Memorial Circle
• Henry Bacon Drive NW from Constitution Avenue to Lincoln Memorial Circle, NW
• Daniel Chest French Drive SW from Independence Ave SW to Lincoln Memorial Circle
• Lincoln Memorial Circle and all approaches and ramps into and out of Lincoln Memorial Circle, including Henry Bacon Drive NW, Daniel Chester French Drive SW, 23rd Street NW and 23rd Street SW
• Ramp from Theodore Roosevelt Memorial Bridge to Constitution Avenue NW and Independence Avenue SW and Ohio Drive SW; all inbound traffic from the bridge will be directed to the E Street Expressway
• Constitution Avenue NW from 23rd Street NW to 15^th St NW
• 23^rd St SW from Independence Ave SW to Lincoln Memorial Cir and Constitution Ave to Lincoln Memorial Circle
• 17^th St NW from Constitution Ave NW to Independence Ave SW
• Homefront Drive SW
• 15th Street NW from Constitution Ave NW to Independence Ave SW
• Raoul Wallenberg Place SW to Maine Avenue SW
• Independence Avenue SW from 14th Street SW to 23rd Street SW, including merge with Rock Creek Parkway
• Ohio Dr SW from 23^rd St SW to Inlet Bridge
• Madison Drive NW from 15th Street NW to 3rd Street NW
• Jefferson Drive SW from 15th Street SW to 3rd Street SW
• East Basin Drive SW east of the Thomas Jefferson Memorial to Ohio Drive SW
• West Basin Drive SW from Ohio Drive SW to Independence Avenue, SW
• Ramp from southbound and northbound George Washington Memorial Parkway (GWMP) to Memorial Avenue /Circle
• Ramp from northbound Va. Route 110 to Memorial Avenue/Circle
• Ramp from Va. Route 27 to Memorial Avenue/Circle
• The right lane of northbound George Washington Memorial Parkway from the 14th Street Bridge to Theodore Roosevelt Island
• Access to East Potomac Park from I-395 will be by National Park Service permit only after 4 p.m.

July 4, 2021 at 3:00 PM to July 5, 2021 at 12:00 AM

• Eastbound U.S. Route 50 ramps to GWMP and roads in the immediate area of U.S. Marine Corps War -Memorial
• Northbound GWMP ramp to 14th Street Bridge (8 p.m. – 9:45 p.m. as necessary)
• Southbound GWMP ramp to 14th Street Bridge (8 p.m. – 9:45 p.m. as necessary)
• Both Northbound lanes of the George Washington Memorial Parkway from the 14^th Street Bridge to Theodore Roosevelt Island (8:00 p.m. - 11:00 p.m.)

All of these areas to be closed will be more particularly identified by fencing and signage. The park closures come at the request of the United States Park Police, in coordination with the National Park Service, to allow them to conduct their security sweep of the area and to ensure fireworks safety before the commencement of the Independence Day celebration. This is part of the park’s enhanced security efforts for the July 4^th celebration on the National Mall following the terrorist attacks of September 11, 2001. These enhanced security efforts will include security access points into the fenced areas to help ensure the safety and enjoyment of the tens of thousands of persons expected to celebrate Independence Day on the National Mall, a highly symbolic national celebration event that will be occurring in a highly prominent park area. Less restrictive measures will not suffice because of the need to ensure an effective security sweep as part of a public safety area as well as to protect the public during the fireworks storage, installation, discharge and clean-up.

Authorized vehicles are the only vehicles allowed through the security access points. Pedicabs that have been issued a park Commercial Use Authorization (CUA) permit will be allowed in and out of the secured area though the secured access point located at 14^th and Independence Avenue. Entry into the secure area will only be permitted between the hours of 1:00 p.m. to 2:00 p.m., 4:00 to 5:00 p.m., and 6:00 p.m. to 7:00 p.m. All pedicabs will be subject to a security sweep and entry into the secure area outside of these established times will not be permitted. In order to enter the secure area, the pedicab operator must be wearing his/her CUA ID card around the neck and must be on the outside of all clothing and visible at all times. The CUA ID card must be current, the name on the CUA ID card must match a valid government ID and a sign stating “the driver must negotiate all fares before departing” must be visible on the pedicab. Once the pedicab has been admitted into the secure zone, the pedicab must remain on the paved roads and may not drive on any sidewalk.

No water transportation vessels will be permitted to operate and disembark passengers into West Potomac Park^, between 12:01 a.m. and 11:59 p.m. on July 4, 2021, due to the United States Coast Guard’s established security zone. This security zone, where vessels are prohibited, consists of the 75 yards from the eastern shore of the Potomac River measured perpendicularly to the shore between the Long Railroad Bridge and the Theodore Roosevelt Memorial Bridge and all of the water in between, to include the waters of the Georgetown Channel and the Tidal Basin.

Pursuant to 36 C.F.R. §2.35 (3)(i) and as detailed in the park compendium, possession, use or sale of alcoholic beverages is prohibited in all areas of the park, with the limited exceptions of designated areas of approved concessions contracted by the government and assigned by the superintendent, or within limited and clearly designated areas authorized under a specific permit issued by the superintendent.

Pursuant to 36 C.F.R. §1.5, the National Park Service is also imposing a partial and temporary public use limitation within the aforementioned fenced areas within National Mall and Memorial Parks between 14^th and 23^rd Streets, to include the Washington Monument grounds to the west side of Memorial Bridge. The following items are prohibited within these areas on July 4, 2021:

• Aerosols
• Alcohol
• Ammunition
• Balloons
• Coolers/Thermal Containers larger than 36 quarts (23”x15”x15”)
• Explosives
• Firearms
• Glass
• Laser Pointers
• Mace/Pepper Spray
• Packages
• Structures
• Supports for Signs
• Unmanned Aerial Systems (UAS)
• Weapons of any kind
• Any other items determined to be a potential safety hazard

Unless approved by a policy waiver, the operation of UAS is prohibited on parkland. Prohibiting such items (some of which are small enough to fit inside a suitcase) from being carried onto parkland will help ensure compliance, especially since its operation therein could pose a threat to the crowded groups of attendees and could potentially interfere with the flight paths of authorized aircraft as well as violate the P-56A prohibited airspace.

Possession of firearms is prohibited in national parks hosting this event in the District of Columbia during this special event under D.C. Code § 7–2509.07. Possession of firearms is governed by federal as well as local law, which may vary depending on the jurisdiction in which the national park is located. All visitors should be aware of and follow applicable firearms laws of the District of Columbia and the Commonwealth of Virginia. Firearms, weapons, explosives and knives, that are otherwise illegal under Federal or District of Columbia law, remain prohibited.

Personal tents that block other visitors’ views and tents that require stakes are prohibited on the National Mall and along the George Washington Memorial Parkway. Due to limited space on the Washington Monument grounds, visitors are asked to refrain from recreational activities (e.g. – volleyball, badminton, etc.). It is strongly recommended that pets be left at home.

The temporary and partial closures and public use limitation comes at the request of the United States Park Police, in coordination with the National Park Service, to help ensure public safety. Less restrictive measures will not suffice in order to help ensure the public safety and order for the expected hundreds of thousands of visitors coming to these park areas to observe and participate in this high-profile national celebration.

These temporary and partial closures and the public use limitations are not of a nature, magnitude and duration that will result in a “significant alteration in the public use pattern.” Bureau of Alcohol, Tobacco, Firearms and Explosives regulations regarding fireworks require an adequate safety buffer, and alcohol, glass containers, explosives and fireworks are already generally prohibited under National Park Service regulations or the park’s compendium. The security sweep of the temporarily closed park areas, the fireworks safety zone closure and public use limitations are similar to that which occurred on the National Mall during July 4th celebrations since September 11, 2001. These types of closures are not highly controversial in nature because they have become common at other significant large-scale events throughout the country. Furthermore, other nearby park areas will remain open to the public.

George Washington Memorial Parkway

The National Park Service is temporarily closing Arlington Memorial Bridge to all vehicular traffic and the portions of Memorial Avenue administered by the George Washington Memorial Parkway (GWMP) to vehicular traffic on Sunday, July 4, 2021, between 12:00 a.m. and 11:59 p.m. The closure is directly related to the July 4, 2021, Independence Day Celebration in these park areas. Memorial Avenue will be closed from the inbound ramp of route 110 to Memorial Circle. The Entrance Road to the U.S. Marine Corps War Memorial will be closed to vehicular traffic on Sunday, July 4, 2021, between 7:00 a.m. and 11:59 p.m. The right (east) lane of northbound George Washington Memorial Parkway will be closed from the 14th Street Bridge ramp to Theodore Roosevelt Island parking lot. Both northbound lanes will be closed at 8:00 p.m. to 11:00 p.m. These roadways will only be open to authorized personnel, including emergency personnel, participating in the Independence Day fireworks display. Memorial Circle's grass area and a section of field at Gravelly Point will be closed as a United States Park Police helicopter emergency landing zone. Additional closures may be made on event day to address significant public safety or resource concerns. Parking lots along the George Washington Memorial Parkway from Belle Haven to the Overlooks will be closed when they have reached vehicle capacity.    

Any persons, containers, or vehicles entering the area from Theodore Roosevelt Island to Gravelly Point and within the boundaries of the George Washington Memorial Parkway or areas administered by the George Washington Memorial Parkway, are subject to inspection, citation, towed relocation, and or impound.    

The temporary closure to vehicular traffic is necessary to ensure visitor/pedestrian safety, and protect park resources as an estimated 300,000 visitors gather and or transit through GWMP land to watch the Independence Day fireworks display on the National Mall. Less restrictive measures will not suffice because the 300,000 visitors will be on sidewalks or trails along Arlington Memorial Bridge, Arlington Ridge, and the George Washington Memorial Parkway in Lady Bird Johnson Park throughout the day. United States Park Police, National Park Service, and other support personnel must have these roadways clear to transport equipment and staff and respond to emergencies and security issues quickly, while Memorial Circle needs to be closed as a United States Park Police helicopter emergency landing zone.    

The temporary public closures will occur on Sunday, July 4, 2021, between 12:00 a.m. and 11:59 p.m. and are part of a long standing annually recurring one day fireworks display that has used these park areas before. It is therefore not of a nature, magnitude, or duration that will result in a significant alteration in the public use pattern of these park areas. Furthermore, the closures are not controversial in nature, given that vehicle access and public transportation to Washington, D.C., Arlington, Virginia and Arlington National Cemetery will remain open through various other routes and means of transportation.

Pursuant to 36 C.F.R. §2.35 (3)(i) and as detailed in the park compendium, possession, use or   sale of alcoholic beverages is prohibited in all areas of the park, with the limited exceptions of designated areas of approved concessions contracted by the government and assigned by the   superintendent, or within limited and clearly designated areas authorized under a specific permit issued by the superintendent.    

Pursuant to 36 C.F.R. § 1.5, the National Park Service is also imposing a partial and temporary public use limitation within the aforementioned areas.  The following items are prohibited within these areas on July 4, 2021:
 

• Weapons of any kind 
• Any other items determined to be a potential safety hazard 
• Ammunition 
• Balloons 

• Explosives 
• Firearms in the District of Columbia 
• Fireworks 
• Laser Pointers 
• Mace/Pepper Spray 

• Portable grills except in designated picnic areas 
• Unmanned Aerial Devices (UAS) 

The operation of UAS is already prohibited on parkland, but prohibiting such items (some of which are small enough to fit inside a suitcase) from being carried onto parkland will help ensure compliance, especially since its operation therein could pose a threat to the crowded groups of attendees and could potentially interfere with the flight paths of authorized aircraft as well as violate the P-56A prohibited airspace.   

Possession of firearms is prohibited in national parks hosting this event in the District of Columbia during this special event under D.C. Code§ 7-2509.07. Possession of firearms is governed by federal as well as state law, which may vary depending on the jurisdiction in which the national park is located. All visitors should be aware of and are responsible to follow applicable firearms laws of the District of Columbia and the Commonwealth of Virginia. Firearms, depending on location. Any other weapons, explosives and knives, that are otherwise illegal under Federal or District of Columbia law, remain prohibited.    

The closures and public use limitations within the National Mall and Memorial Parks and the George Washington Memorial Parkway will not adversely affect the parks' natural, aesthetic or cultural values; nor require significant modification to the resource management objectives.   Pursuant to 36 C.F.R. § 1.7, notice of this temporary and partial closure and public use limitation will be made through media advisories, maps and posting at conspicuous locations in the affected park areas. Violation is prohibited. Finally, pursuant to 36 C.F.R. §l.5(c), this determination is available to the public upon request.   

The closures and public use limitations within National Mall and Memorial Parks and the George Washington Memorial Parkway will not adversely affect the parks' natural, aesthetic or cultural values; nor require significant modification to the resource management objectives.   Accordingly, the National Park Service determines publication as rulemaking in the Federal   Register is unwarranted under 36 C.F.R. § l.5(c).    

The partial and temporary park closures and public use limitations are consistent with hundreds of other temporary park closures or public use limitations, the legal opinion of the Office of the Solicitor, and judicial adjudications. Mahoney v. Norton, No. 02-1715 (D.D.C. August 22,   2002), plaintiffs' emergency motion for appeal for injunction pending appealed 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); Spiegel v. Babbill, 855 F. Supp. 402 (D. D.C. 1994}, affd in parr wlo op. 56 F. 3d I 531 (D.C. Cir. 1995), respond in full, 1995 US App. Lexis 15200 (D.C. Cir. May 31, 1995).    

Pursuant to 36 C.F.R. § 1.7, notice of this temporary and partial closure and public use limitation will be made through media advisories, maps and posting at conspicuous locations in the   affected park areas. Violation is prohibited. Finally, pursuant to 36 C.F.R. §l.5(c), this   determination is available to the public upon request.

Jeffrey P. Reinbold
Superintendent, National Mall and Memorial Parks

Charles Cuvelier
Superintendent, George Washington Memorial Parkway

June 23, 2021