Subtitle A-Department of Health and Human Services PART 1-HHS'S REGULATIONS § 1.1 Location of HHS regulations. Regulations for HHS's programs and activities are located in several differ- • Regulations having HHS-wide applica- tion or which the Office of the Secretary administers are located in Parts 1-99 of • Health regulations are located at Parts 1-399 of Title 42. • Health care financing regulations are lo- cated at Parts 400-499 of Title 42. These in- clude regulations for Medicare and Medic- • Human development services regula- tions are located at Parts 200-299 and 1300- 1399 of Title 45. These include regulations for Head Start, social services, social and nutrition services for older persons, rehabili- tative services, developmental disabilities services, Native American programs, and [44 FR 61598, Oct. 26, 1979, as amended at 81.2 Subject matter of Office of the Sec- • Civil rights/nondiscrimination: Parts • Protection of human subjects: Part 46. • Information, privacy, advisory commit- tees: Parts 5, 5a, 5b, 11, 17, 99. • Personnel: Parts 50, 57, 73, 73a. • Grants and letter of credit administra- tion, property, hearing rights: Parts 10, 12, • Claims: Parts 30, 35. • Inventions and patents: Parts 6, 7, 8. (5 U.S.C. 301) [50 FR 781, Jan. 7, 1985] AUTHORITY: Secs. 1-5, 62 Stat. 281, as SOURCE: 45 FR 41820, June 20, 1980, unless Subpart A-General "Director" means the Director, Na- tional Institutes of Health, or other "Enclave" means the area, contain- future acquisitions, comprising the National Institutes of Health (NIH) located in Montgomery County, Maryland and over which the United States acquires exclusive criminal jurisdiction under the Act of March 31, 1953, Chapter 158, Laws of Maryland 1953 (Md. Code Ann., art. 96, section 34 (1979)) or other laws of the State of Maryland. "Law enforcement officer" means a uniformed guard or uniformed or nonuniformed Special Police Officer appointed under a delegation of authority under 40 U.S. Code 318 or 318d; any other Federal law enforcement officer; and any other person whose law enforcement services are secured by contract or upon request from a State or local law enforcement agency. [48 FR 1312, Jan. 12, 1983, as amended at 49 FR 39160, Oct. 4, 1984] §3.2 Applicability. (a) The regulations in this part apply to all areas in the enclave and to all persons on or within the enclave, except as otherwise provided. The regulations prescribe penal sanctions in §3.61, and are in addition to: (1) Any administrative rules prescribed by the Director under Title 5 U.S. Code 301; (2) the General Services Administration Regulations in 41 CFR Part 10120.3 relating to conduct on Federal property; and (3) § 73.735-305 of this title applicable to employees, to the extent that those rules and regulations are consistent with the provisions of this part (in the event of a conflict this part shall control). They supplement those penal provisions of Title 18 U.S. Code relating to crimes and criminal procedure, which apply without regard to the place of the offense and those penal provisons which apply in areas under the special maritime and territorial jurisdiction of the United States as defined in 18 U.S. Code 7. However, they supersede those provisions of State law which are made Federal criminal offenses by virtue of the Assimilative Crimes Act (18 U.S. Code 13) to the extent that they are in conflict with the regulations in this part. State and local criminal laws are applicable as such only to the extent that authority in that regard has been reserved to the State by the State consent or cession statute or vested in the State by Federal statute. (b) The provisions of this part do not apply to occupants, their visitors and other authorized persons in areas used as living quarters (1) when specifically made inapplicable, and (2) in the case of the following provisions: § 3.24 Parking permits; § 3.26 Servicing of vehicles; and §3.43(c) Hobbies and sports. [45 FR 41820, June 20, 1980, as amended at 49 FR 39160, Oct. 4, 1984] § 3.3 Compliance. A person must comply with the regulations in this part; with all official signs; and with the lawful directions or orders of a law enforcement officer or other authorized person, including traffic and parking directions. § 3.4 False reports and reports of injury or damage. A person may not knowingly give any false or fictitious report concerning an accident or violation of the regulations in this part to any person properly investigating such an accident or alleged violation. All incidents resulting in injury to persons or damage to property in excess of $50.00 in value must be reported by the persons involved as soon as possible to the law enforcement office. §3.5 Identification. At the request of a law enforcement officer, a person must provide identification by exhibiting satisfactory credentials (such as a driver's license) to the law enforcement officer. § 3.6 Lost and found articles. Lost articles which are found on the enclave, including money and other personal property, together with any identifying information, must be deposited at the law enforcement office or with an office which may likely have some knowledge of ownership. If the article is deposited with an office other than the law enforcement office and the owner does not claim it within 30 days, it shall be deposited at the law enforcement office for further dis (3) Within an intersection or crosswalk; (4) Within 10 feet of a fire hydrant, 5 feet of a driveway or 30 feet of a stop sign or traffic control signal; (5) In a double-parked position; (6) At a curb painted yellow; (7) On the side of a street facing oncoming traffic; (8) In a position that would obstruct traffic; (9) For a period in excess of 24 hours, except at living quarters or with specific permission of the law enforcement office. (b) A person must park bicycles, motorbikes, and similar vehicles only in designated areas, and may not bring these vehicles inside buildings. (c) Visitors must park in areas identified for that purpose by posted signs or similar instructions, such as "visitor parking" and "reserved for visitors." (d) A person may not drive or park an unauthorized motor vehicle on a grassy area without the approval of the law enforcement office. [45 FR 41820, June 20, 1980; 46 FR 30343, June 8, 1981] § 3.24 Parking permits. Except for visitors parking in visitor parking areas, a person may not park a motor vehicle without displaying a parking permit valid for that location. The Director may revoke any parking permit for violation of this section, or any provision of this part. § 3.25 Pedestrian traffic. A driver must yield the right-of-way to a pedestrian crossing a street in a marked crosswalk or intersection. § 3.26 Servicing of vehicles. A person may not wash, polish, change oil, lubricate, or make nonemergency repairs on a privatelyowned vehicle. §3.27 Signs. A driver of a vehicle must comply with posted traffic and parking signs. § 3.28 Speed limit. The speed limit is 20 miles per hour, unless otherwise posted. A driver of a vehicle may not exceed the speed limit. 8 3.29 Unattended vehicles. A person may not leave a motor vehicle unattended with the engine running, the ignition unlocked or locked with the key in a readily accessible place in the vehicle, or the brakes ineffectively set. § 3.30 Bicycles. A person may not operate a bicycle, motorbike, or similar vehicle without a horn or other warning device, and, if the vehicle is operated between dusk and dawn, it must be equipped with an operating headlight, and taillight or reflector. Subpart C-Facilities and Grounds § 3.41 Admission to grounds or facilities. The enclave is officially closed to the public except during normal working and visiting hours or for approved public events. The Director may also officially close all or part of the enclave in emergency situations and at other times the Director deems necessary to insure the orderly conduct of Government business. When the enclave is closed to the public, admission is restricted to employees and other authorized persons who may be required to display Government credentials or other identification when requested by a law enforcement officer and may be required to sign a register. § 3.42 Nuisances and disturbances. The following acts by a person are prohibited: any unwarranted loitering, disorderly conduct, littering, or disposal of rubbish in an unauthorized manner; the creation of any hazard to persons or property; the throwing of articles of any kind from or at a building; the climbing upon any part of a building for other than an authorized purpose; the loud playing of radios or other similar devices; and rollerskating, skateboarding, sledding or similar activities, except in officially designated areas. § 3.43 Other restricted activities. (a) Explosives and weapons. Α person, other than a law enforcement officer, may not carry, transport, or otherwise possess, firearms, other dangerous or deadly weapons, explosives, or items intended to be used to fabricate an explosive or incendiary device, either openly or covertly. The Director may grant specific approval for the possession of firearms for collections or hunting, the delivery or removal of money, or the protection of display of valuable materials and similar purposes. (b) Gambling. A person may not operate a gambling device, conduct a lottery or pool, sell or purchase a numbers ticket, or take or place a bet, except that participation in living quarters in games for money or otherwise for incidental recreational purposes is authorized. This prohibition shall not apply to the vending or exchange of chances in lotteries authorized under State law by licensed vendors and in accordance with approved State procedures. (c) Hobbies and sports. Hobbies and sports may be undertaken only in designated areas or as approved by the Director. (d) Intoxicants and narcotics. A person may not sell, consume, or use intoxicating beverages, narcotics or other similar drugs, except in connection with official duties, in the course of professional treatment, or, in the case of consumption or use of intoxicating beverages, in living quarters, or as otherwise authorized by the Director. A person may not operate a motor vehicle while under the influence of an intoxicating beverage or drug. (e) Pets and other animals. A person may not bring on the enclave any cat, dog, or other animal except for authorized purposes. This prohibition does not apply to bringing on the enclave and the retention of domestic pets at living quarters or to the exercise of such pets under leash or other appropriate restraints. The use of a dog by a handicapped person to assist that person is authorized. (f) Photography. Subject to the limitations provided in this paragraph, a person may take photographs for personal or news purposes without prior approval on the grounds of the enclave or in entrances, lobbies, foyers, corridors, and auditoriums of facilities when used for public meetings, except when contrary to security regulations, or where prohibited by appropriate signs. Photographs for advertising or commercial purposes are subject to the advance written permission of the Director. A person may take photographs of a patient only with the informed consent of the patient (or the natural or legal guardian) and of the Director, or, with respect to NIH, the Director of the Clinical Center. § 3.44 Removal of property. A person may not remove Federal property from the enclave or any building on the enclave without a property pass, signed by an authorized property custodian, which specifically describes the items to be removed. In an emergency, when the property custodian is not available, a law enforcement officer may approve removal of Federal property if, after consulting with the administrative officer or other appropriate official, the law enforcement officer is authorized by that official to do so. Privately-owned property, other than that ordinarily carried on one's person, may be removed only under this property pass procedure, or upon properly establishing ownership of the property to a law enforcement officer. Packages, briefcases, or other containers brought within the enclave are subject to inspection while on, or being removed from, the enclave. in their official capacities should be sent to the General Counsel, Department of Health and Human Services, 200 Independence Avenue, S.W., Washington, DC 20201. § 4.2 Other process directed to the Department or Secretary. Subpoenas and other process (other than summonses and complaints) that are required to be served on the Department of Health and Human Services or the Secretary of Health and Human Services in his official capacity should be served as follows: (a) If authorized by law to be served by mail, any mailed process should be sent to the General Counsel, Department of Health and Human Services, 200 Independence, S.W., Washington, DC 20201. (b) If served by an individual, the process should be delivered to the staff of the correspondence control unit in the Office of the General Counsel, Room 711-E, 200 Independence Avenue, S.W., Washington, DC, or, in the absence of that staff, to any Deputy General Counsel or secretary to any Deputy General Counsel of the Department. § 4.3 Process against Department officials in their individual capacities. Process to be served on Department officials in their individual capacities must be served in compliance with the requirements for service of process on individuals who are not governmental officials. The Office of the General Counsel is authorized but not required to accept process to be served on Departmental officials in their individual capacities if the suit relates to an employee's official duties. § 4.4 Acknowledgement of mailed process. The Department will not provide a receipt or other acknowledgement of process received, except for a return receipt associated with certified mail and, where required, the acknowledgement specified by Rule 4(c)(2)(C) of the Federal Rules of Civil Procedure. § 4.5 Effect of regulations. The regulations in this part are intended solely to identify Department |