Record of Determination for a Temporary Closure of the Bridge that Crosses Rock Creek at Thompson Boat Center

Pursuant to 36 CFR 1.5(a), Rock Creek Park, a unit of the National Park Service, is temporarily closing a portion of Rock Creek and Potomac Park to protect public safety. Specifically, beginning 3:00 PM Thursday May 9, 2024 and lasting indefinitely, the bridge that crosses Rock Creek at Thompson Boat Center, just west of Virginia Avenue NW and Rock Creek and Potomac Parkway NW, will be closed to vehicular traffic. Use of the bridge is limited solely to pedestrians and bicyclists, who are restricted to the bridge sidewalk area. The closed area, which includes the bridge deck and approaches, will be accessible only to National Park Service and Federal Highway Administration employees and approved contractors. The temporary closure of this area is necessary to protect public safety from any harm caused by undermining on the bridge’s east approach. Less restrictive measures are not possible, as there is a demonstrated need to protect the public from potentially unsafe conditions.

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 (Acting)