Pursuant to 36 CFR 1.5(a), Rock Creek Park, a unit of the National Park Service, is temporarily closing a portion of parkland within Rock Creek & Potomac Parkway (US Reservation 360) due to a crack in the Rock Creek Main Interceptor sanitary sewer line. Beginning 7:00 am Monday May 5, 2025 and lasting through 5:00 pm Friday December 19, 2025 (potentially ending sooner if DC Water can execute a repair), parkland east of Rock Creek underneath the Pennsylvania Avenue NW bridge and directly south of Pennsylvania Avenue NW will be fully closed to all public use. The closed area will be more specifically identified by fencing and signage. The closed area will be accessible only to National Park Service employees, approved DC Water employees, and project contractors. The temporary closure of this park area is necessary to protect the public from any health and safety hazards associated with the cracked sanitary sewer pipe. Less restrictive measures are not possible given the need to close the area to protect the public from unsafe conditions. 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." There are no formal trails or visitor facilities within the closed area, and other nearby park areas will remain open to the public. Accordingly, the National Park Service has determined publication as rulemaking in the Federal Register is unwarranted under 36 CFR 1.5(c). The partial and temporary park closure and public use limitation is consistent with hundreds of other temporary park closures, the legal opinion of the Office of the Solicitor, and judicial adjudications. 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 appeared 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); Speigel v. Babbitt, 855 F Supp. 402 (D.D.C. 1994), affd in parr wlo op. 56F. 3d 1531(D.C.Cir. 1995), reported in full, 1995 US App. Lexis 15200 (D.C.Cir. May 31,1995). Pursuant to 36 CFR 1.7, notice of this temporary and partial closure will be made through public outreach and by the posting of signs at conspicuous locations in the affected park area. Finally, pursuant to 36 CFR l.5(c), this determination is available to the public upon request. Brian Joyner Superintendent |
Last updated: May 20, 2025