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Pursuant to 36 C.F.R. § 1.5, the National Park Service is imposing a temporary closure of certain parkland within National Mall and Memorial Parks, specifically Center Turf Panel 18 on the National Mall. This area will be closed for remediation of sink holes and the associated turf recovery from the November 16, 2022, to November 15, 2023. Numerous sink holes have been discovered on this Center Turf Panel that have led to a serious safety concern to patrons, permitted events, and athletic functions. These sink holes will need remediation and the surrounding turf restored in a manner to promote full functionality and use for all. Prior to, and during the time of remediation, this area will be under safety and construction closure as per NAMA regulations. 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.” Indeed, 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 objections; nor is it of a highly controversial nature. Accordingly, the National Park Service 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. 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), affld 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 partial 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 available to the public upon request. Jeffrey P. Reinbold Superintendent, National Mall and Memorial Parks November 16, 2022 |
Last updated: November 16, 2022