Record of Determination for the Partial and Temporary Park Closures of Certain Federal Parkland and Public Use Limitations for the United States of America Vietnam Commemoration Events

Pursuant to 36 C.F.R. § 1.5 the National Park Service is temporarily closing certain parkland in West Potomac Park beginning Wednesday, May 10 through Sunday, May 14, 2023. These closures are necessary for multiple events associated with the United States of America Vietnam Commemoration events and will allow for the set-up of security fencing, staging, concert and Camp Legacy mobile units, which will provide for a secure and safe venue for the protection of participants and the public. The events associated with the Vietnam Commemoration events will be attended by a large number of the public.

I. Park Road Closures. The National Park Service will also close the following roads to vehicular traffic within its jurisdiction, in order to further facilitate the Vietnam Commemoration events.

From 12:00 a.m. on Wednesday, May 10 until approximately 11:59 p.m. on Sunday, May 14, 2023, the following roads will be closed to vehicular traffic:

• West Basin Drive between Ohio Drive, SW and Independence Avenue, SW.

On Saturday, May 13, 2023 the following roads will be closed to vehicular traffic beginning at approximately 6:00 a.m. and will re-open on Sunday, May 14, 2023 at approximately 6:00 a.m.:

• Ohio Drive, SW, from East Basin Drive, SW to Independence Avenue, SW

Due to event activities, there will also be periodic road closures on area roadways. The closures will be supported by U.S. Park Police personnel as well as posting of temporary “No Parking Signs” along the impacted areas. All roads, park areas and sidewalks will re-open when the United States Park Police deems the area safe for vehicular and pedestrian traffic.

The Park and park road closures come at the request of the National Park Service and United States Park Police, to allow for their security monitoring of the areas, staging and events associated with the Vietnam Commemoration events. This is also part of the park’s enhanced security efforts for large-scale events within or near National Mall and Memorial Parks areas following the terrorist attacks of September 11, 2001. Similar restrictions have become common at other large-scale events and public facilities throughout the country. These enhanced security efforts will include security access points into the fenced areas to help ensure the safety and enjoyment of the thousands of persons expected to attend the various Vietnam Commemoration events that will be occurring in West Potomac Park. Less protective measures will not suffice because of the need to protect the public and ensure the safe and sufficient passage of the public through the use of limited park closures and effective security measures.

The operation of Unmanned Aerial Systems (UAS) is already prohibited on parkland but prohibiting such items (some of which are small enough to fit inside a suitcase) to be carried on 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 flights paths of authorized aircraft as well impact P-56 airspace. Given the large size of the event and the huge numbers of attendees, less restrictive measures would not suffice to adequately protect the safety of the public or provide for the preservation of park resources. Other items that are otherwise illegal under Federal or District of Columbia law, remain prohibited.

These temporary and partial closures and the temporary public use limitations are not of a nature, magnitude or duration that will result in a “significant alteration in the public use pattern.” These types of closures have also become common at other significant large-scale events throughout the country. Furthermore, other nearby park areas will remain open to the public. The closure and public use limitations 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 National Park Service determines publication as rulemaking in the Federal Register is unwarranted under 36 CFR § l .5(c). This determination is consistent with hundreds of earlier partial or temporary closures, the legal opinion of the Office of the Solicitor, and judicial adjudications that have upheld other NPS closures and public use limitations. ANSWER Coalition v. Norton, No. 05-0071, (D.D.C. January 18, 2005), 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. Babbitt, 855 F. Supp. 402 (D. D.C. 1994), affd in parr 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).

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. §1.5(c), this determination is available to the public upon request.


Jeffrey Reinbold
Superintendent, National Mall and Memorial Parks

May 9, 2023