Montgomery County, Md., over which the Federal Government has acquired exclusive or concurrent jurisdiction under the Laws of Maryland, Chapter 158, approved March 31, 1953 (Maryland Code Ann., Art. 96, section 34 (1964)).

(b) "Uniformed Guard" means a U.S. Special Policeman appointed pursuant to the provisions of the Act of June 1, 1948, as amended (62 Stat. 281, 40 U.S.C. 318 et seq.).

(c) "Department" means the Department of Health, Education, and Welfare.

§ 3.2 Applicability.

The regulations in this part establish rules with respect to the parking and operation of vehicles and other activities and conduct on or within the reservation except that with respect to areas on the reservation used as living quarters, §§ 3.27, 3.28, 3.49, and 3.50 shall not be applicable. These regulations are intended to supplement the rules and regulations regarding conduct on Federal property adopted by the Department and set forth in the Department Real Property Management Manual as Exhibit X-33.

§ 3.3 Compliance with directions.

No person shall fail or refuse to comply with any order or direction of a uniformed guard in connection with the direction, control or regulation of traffic and parking, or pursuant to any of the requirements of these regulations.

§ 3.4 Making or giving of false reports.

No person shall knowingly give any false or fictitious report or information to any authorized person investigating an accident or violation of law or these regulations.

Subpart B-Traffic and Vehicular Regulations

§ 3.20 Laws of Maryland applicable.

Unless otherwise specifically provided herein, the laws of the State of Maryland governing the use and operation of motor vehicles shall be applicable to the reservation.

§ 3.21 Inspection of license and registration.

No person operating a motor vehicle on the reservation shall refuse to exhibit for inspection, upon request of a uniformed guard, his operator's license or proof of ownership or registration.

§3.22 Speed limit.

No person shall drive a motor vehicle in excess of 20 m.p.h. unless otherwise posted.

§3.23 Emergency vehicles.

No person shall fail or refuse to yield the right-of-way to an emergency vehicle when operating with siren or flashing lights.

§ 3.24 Signs.

Every driver shall comply with all posted traffic and parking signs.

§ 3.25 Pedestrian traffic.

No person shall fail or refuse to yield the right-of-way to a pedestrian crossing a street in marked crosswalks.

§3.26 Parking.

(a) No person unless otherwise authorized by a posted traffic sign shall stand or park a vehicle

(1) On a sidewalk;

(2) Within an intersection or within a crosswalk;

(3) Within 15 feet of a fire hydrant, 5 feet of a driveway or 30 feet of a stop sign or traffic control device;

(4) At any place which would result in the vehicle being double parked;

(5) At curbs painted yellow;

(6) In a direction facing on-coming traffic; or

(7) In a manner which would obstruct traffic.

(b) No person shall park a motor vehicle

(1) Except within the lane painted or marked for such purpose;

(2) In excess of 24 hours, unless permission has been granted by the Uniformed Guard Force Office.

§3.27 Parking permits.

No person, except visitors parking in areas identified by posted signs as re

served for visitors, shall park a motor vehicle on the reservation without having a currently valid parking permit displayed on such motor vehicle in compliance with instructions of the issuing authority. Such permits may be revoked by the issuing authority for violation of any of the provisions of this part.

§3.28 Prohibited servicing of vehicles.

No person shall wash, polish, or make nonemergency repairs on privately owned vehicles on the reservation.

§3.29 Unattended vehicles.

No person shall leave a motor vehicle unattended on the reservation with the engine running, the ignition unlocked, the key in the vehicle, or the brake ineffectively set.

Subpart C-Buildings and Grounds

§ 3.40 Closing reservation.

As determined by the Director, National Institutes of Health, the reservation may be closed to the public in emergency situations and at such other times as may be necessary for the orderly conduct of the Government's business. Admission to properties during periods when such properties are closed to the public is limited to authorized individuals who may be required to sign a register and display identification when requested by a uniformed guard, watchman, or other authorized individual.

§ 3.41 Preservation of property.

No person shall, without authorization, willfully destroy or damage Federal property located on the reservation.

§ 3.42 Removal of property.

(a) No person shall remove Federal property from the reservation or any building thereon, except upon the issuance of a property pass signed by an authorized property custodian and specifically describing the item(s) to be removed. In an emergency, when the property custodian is not available, the uniformed guard on duty may

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dangerous or deadly weapons or materials, or explosives, either openly or concealed.

§3.48 Nondiscrimination.

No person shall discriminate by segregation or otherwise against any other person(s) because of race, creed, color, sex, or national origin, in furnishing, or by refusing to furnish to such person(s) the use of any facility of a public nature, including all services, privileges, accommodations, and activities provided thereby on the reservation.

§3.49 Pets and other animals.

No person shall bring upon the reservation any cats, dogs, or other animals except for authorized purposes, provided however, that blind persons may have the use of seeing eye dogs.

§3.50 Sports and hobbies.

No person shall participate in any sport or hobby on the reservation unless authorized or except in designated areas.

§ 3.51 Photography for news, advertising, or commercial purposes.

Except where security regulations apply, photographs for news purposes may be taken in entrances, lobbies, foyers, corridors, and auditoriums when used for public meetings, in facilities on the reservation, unless otherwise marked, without prior approval. Photography for advertising and commercial purposes may be conducted only with the written permission of the Director, National Institutes of Health; Provided, however, That photographs involving patients of the Clinical Center may be taken only with the consent of the patient and upon the written approval of the Director, Clinical Center.

Subpart D-Penalties

§ 3.60 Penalties-other laws.

Whoever shall be found guilty of violating these regulations is subject to a fine of not more than $50 or imprisonment of not more than 30 days, or both (40 U.S.C. 318c). Except as ex

pressly provided in this part, nothing contained in these regulations shall be construed to abrogate any other Federal laws or regulations, or any State and local laws and regulations applicable to the area in which the reservation is situated.

PART 4-SERVICE OF PROCESS

§ 4.1 Service of process required to be served on or delivered to Secretary. Summons, complaints, subpoenas, and other process which are required to be served on or delivered to the Secretary of Health, Education, and Welfare shall be delivered to the Deputy General Counsel, the Secretary to the Deputy General Counsel, or the Secretary to the General Counsel, by mail at 330 Independence Avenue SW., Washington, D.C. 20201 or by personal service at 200 Independence Avenue, SW., Washington, D.C. 20201. The persons above designated are authorized to accept service of such process. (5 U.S.C. 301)

[42 FR 22145, May 2, 1977]

5.80

Subpart G-Administrative Review

Review of denial of a record.

5.81 Time for initiation of request for review.

5.82 By whom review is made.

5.84

5.83 Contents of request for review. Consideration on review. Decisions on review.

5.85

APPENDIX

AUTHORITY: 81 Stat. 54; 7 U.S.C. 2243, 5 U.S.C. 552.

SOURCE: 32 FR 9315, June 30, 1967, unless otherwise noted.

Subpart A-Definitions

§ 5.1 Act.

As used in this part, "Act" means section 552 of Title 5, United States Code, as amended by Public Law 9023, codifying the Act of July 4, 1966, sometimes referred to as the "Public Information Act".

§ 5.2 Department.

As used in this part, "Department" means the Department of Health, Education, and Welfare which consists of the Office of the Secretary and all components of the Department.

[40 FR 26512, June 24, 1975]

§ 5.3 Principal operating components.

(a) Principal operating components are those major program organizations which report to the Secretary. There are five principal operating components: The Public Health Service, the Office of Human Development, the Education Division, the Social and Rehabilitation Service, and the Social Security Administration.

(b) The Public Health Service is comprised of the Office of the Assistant Secretary for Health, the Alcohol, Drug Abuse, and Mental Health Administration, Center for Disease Control, the Food and Drug Administration, the Health Resources Administration, the Health Services Administration, and the National Institutes of Health.

(c) The Education Division is comprised of the Office of the Assistant Secretary for Education, the Office of Education and the National Institute of Education.

(d) The Social Security Administration includes intermediaries and carriers performing functions under agreements entered into pursuant to sections 1816 and 1842 of the Social Security Act.

[40 FR 26512, June 24, 1975]

§ 5.5 Records.

As used in this part:

(a) "Record" includes books, brochures, punch cards, magnetic tapes, paper tapes, sound recordings, maps, pamphlets, photographs, slides, motion pictures, or other documentary materials, regardless of physical form or characteristics, made or received by the Department in pursuant of Federal law or in connection with the transaction of public business and preserved by the Department as evidence of the organization, functions, policies, decisions, procedures, operations, programs, or other activities.

(b) "Record" does not include: Objects or articles such as tangible exhibits, models, equipment, or processing materials; or formulae, designs, drawings, or other items of valuable property; books, magazines, pamphlets, or other reference material in formally organized and officially designated libraries of the Department, which are available under the rules of the particular library concerned.

Subpart B-What Records Are Available

§ 5.11 Purpose and scope.

This part constitutes the regulation of the Department respecting the availability to the public, pursuant to the Act, of records of the Department. It informs the public what records are generally available. The components of the Department may issue implementing regulations which are consistent with this part. To the extent that they are consistent, existing implementing regulations remain in full force and effect.

[40 FR 26512, June 24, 1975]

§ 5.12 General policy.

The Department's policy is one of the fullest responsible disclosure limited only by the obligations of confidentiality and the administrative necessities recognized by the Act. Unless otherwise exempted from disclosure pursuant to law, records of the Department shall be available for inspection