§ 1.1

PART 1-HHS'S REGULATIONS

Location of HHS regulations. Regulations for HHS's programs and activities are located in several different titles of the Code of Federal Regulations:

• Regulations having HHS-wide application or which the Office of the Secretary administers are located in Parts 1-99 of Title 45.

• Health regulations are located at parts 1-399 of Title 42.

• Health care financing regulations are located at parts 400-499 of Title 42. These include regulations for Medicare and Medicaid.

• Human development services regulations are located at Parts 200-299 and 13001399 of Title 45. These include regulations for Head Start, social services, social and nutrition services for older persons, rehabilitative services, developmental disabilities services, Native American programs, and various programs relating to families and children.

§ 1.2 Subject matter of Office of the Secretary regulations in Parts 1-99.

This subject matter of the regulations in Parts 1-99 of this title includes:

• Civil rights/nondiscrimination: Parts 80, 81, 83, 84, 86, 90

• Protection of human subjects: Part 46 Day care requirements: Part 71

• Information, privacy, advisory committees: Parts 5, 5a, 5b, 11, 17, 99

• Personnel: Parts 50, 57, 73, 73a

• Grants administration, property, hearing rights: Parts 10, 12, 15, 16, 74, 75, 95

• Claims: Parts 30, 35

• Inventions and patents: Parts 6, 7, 8

• Miscellaneous: Parts 3, 4, 9, 19, 67

(5 U.S.C. 301)

[44 FR 61598, Oct. 26, 1979]

Subpart D-Penalties

3.61 Penalties.

AUTHORITY: Secs. 1-5, 62 Stat. 281, as amended, 75 Stat. 574 (40 U.S.C. 318-318d); sec. 205, 63 Stat. 389, as amended, 64 Stat. 591, 76 Stat. 414 (40 U.S.C. 486); Delegations of Authority, 33 FR 604, 41 FR 19162, 34346, 44 FR 15774.

SOURCE: 45 FR 41820, June 20, 1980, unless otherwise noted.

Subpart A-General

§3.1 Definitions.

"Director" means the Director, National Institutes of Health, or other officer in charge of an enclave covered by this part.

"Enclave" means the area, containing about 307 acres, acquired by the United States in several parcels in the years 1935 through 1949, comprising the National Institutes of Health

(NIH) located in Montgomery County, Maryland, over which the United States acquired exclusive criminal jurisdiction under the Act of March 31, 1953, chapter 158 (Maryland Code Annotated, Article 96, section 34 (1979)). "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]

§ 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. They provide penal sanctions as prescribed in § 3.61, and are in addition to administrative rules prescribed by Directors for their respective enclave under 5 U.S. Code 301. 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 provisions 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.

§ 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 disposition as provided by law. (See 41 CFR Part 101-48).

Subpart B-Traffic Regulations

§ 3.21 Emergency vehicles.

A person must yield the right of way to an emergency vehicle operating its siren or flashing lights.

§ 3.22 Inspection of driver's license and registration.

A motor vehicle operator must exhibit for inspection a valid operator's license and valid motor vehicle registration upon the request of a law enforcement officer.

§3.23 Parking.

(a) No person may stand (vehicle stopped with or without an occupant) or park a motor or other vehicle:

(1) In a lane, space, or area not designated by sign for parking, except that vehicles may be left standing in areas where standing, but not parking, is permitted;

(2) On a sidewalk;

(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

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