NIH POLICY MANUAL

1. Explanation of Material Transmitted: This chapter establishes policy and describes the system for parking private vehicles on the NIH enclave and other locations where the NIH has parking privileges which are administered by the NIH.

2. Material Superseded: NIH Manual Chapter 1330 (2/1/95) in its entirety.

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This chapter establishes policy and describes the system for parking private vehicles on the NIH enclave and other locations where the NIH has parking privileges which are administered by the NIH.

The NIH community is fortunate that space is available for dedicated parking areas. NIH intends that this space is effectively and fairly used in meeting the official parking requirements and providing adequate parking opportunities for NIH employees. The opportunity for employees to park on the NIH enclave, or at off-campus buildings, is a privilege, not a right. To protect this privilege it is important to adhere to the requirements in this chapter. Each person provided parking privileges is responsible for compliance with all conditions and requirements set forth in this chapter.

The management of parking policy and operational practice is influenced by many factors and changing conditions. This chapter will be reviewed periodically to consider these factors and appropriate needs of the NIH community.

C. References:

1. Executive Order 12191

2. 45 Code of Federal Regulations, Part 3 Subpart B: "Conduct of Persons and Traffic on the National Institutes of Health Federal Enclave"

3. Federal Property Management Regulations, Chapter 101

4. Facilities Engineering and Construction Manual, Chapter 3-101 and Chapter 4-01

5. NIH Manual Chapter 2204, "Reasonable Accommodation"

Parking policies are established by the Associate Director for Research Services. The Office of Research Services (ORS), Division of Public Safety (DPS), Crime Prevention Branch (CPB), Employee Transportation Services Office (ETSO) is responsible for the management and operation of the established parking program.

E. Definitions:

1. Carpool - A group of two or more people who are not joint owners of one automobile, but who daily use one motor vehicle for transportation to and from work.

2. Construction Contractor - Any person, not an NIH employee or instrument service engineer, who is hired for any length of time to perform construction work on the NIH enclave. A construction contractor may be one individual or a group of individuals employed by a construction company assigned to a project at the NIH.

3. Employee Transportation Services Office - The office responsible for issuing identification cards and parking permits as well as assisting in the planning and development of a comprehensive transportation and traffic management program for the NIH. (Formerly titled the Parking Office.)

4. Executive Employee - For the purposes of this chapter, any employee who is at the level of GS/GM-15 through 18, CO-06 through 08, and ES are considered an executive employee. SBRS, visiting scientist, Title 42 positions are potentially executive level equivalent employees.

5. NIH Employee with Disability - An employee who requires priority parking to accommodate a temporary or permanent physical disability. The employee may drive independently or, if unable to operate a vehicle as a result of the disability, may be driven to NIH by someone else.

6. Instrument Service Engineer - A company representative who visits the NIH enclave or NIH rental buildings to service equipment. For purposes of this chapter, an Instrument Service Engineer is considered a visitor and is required to park in the paid visitors parking areas.

7. NIH Employee - For the purposes of this chapter, any person who regularly reports for duty on the NIH enclave or at any of the NIH rental buildings, whether employed by the government (NIH, FDA, etc.) or otherwise (NIH Federal Credit Union, Guest Researcher, Bell Atlantic, etc.), with the exception of instrument service engineers and construction contractors and their personnel, is considered an NIH employee.

8. Official Parking - Parking areas reserved for government-owned or government-leased vehicles.

9. Preferential (Red) Parking - Parking areas reserved for executive employees and for non-executive employees specifically designated by their respective IC Director and for equivalent employees.

10. Reserved Parking Space - A numbered parking space assigned to one individual or vanpool (see Section I-9).

11. Ridesharing - Commuting in groups of two or more using a single vehicle such as carpools, vanpools, private buses, and mass transit.

12. Summer Employee - An employee hired to work at the NIH at any time from May through September only.

13. Vanpool - A group of at least six persons, not including the driver, who daily use a passenger van or a commuter bus designed to carry seven or more passengers for transportation to and from the NIH. Persons participating in a registered vanpool are eligible to participate in the NIH TRANSHARE Program which subsidizes the cost of commuting for employees. Information on the NIH TRANSHARE Program is available through the ETSO by calling 402-RIDE (7433) or by visiting the office in Building 31, Room B3B18.

14. Visitor - Any person, not an NIH employee, who visits the NIH enclave.

F. Policy:

1. Parking on the NIH enclave or at any of the NIH rental buildings is a privilege, not a right.

2. NIH General Employee, Carpool, Reserved, and Preferential (red) parking permits will be issued to NIH employees only and are for the exclusive use of the employees to whom the permits are issued.

3. All vehicles, except those belonging to visitors parking in visitor areas, must properly display a valid NIH parking permit (see Section J).

4. NIH policy is to manage parking spaces to provide for official needs, the needs of persons with disabilities, and to make optimum use of the available parking spaces by enabling the largest number of employees to benefit from their use.

5. NIH strongly encourages all employees to actively participate in carpooling, vanpooling and the NIH TRANSHARE Program. Information on the NIH TRANSHARE Program, the NIH Ridefinders Network, and public transportation routes is available through the ETSO by calling 402-RIDE (7433) or by visiting the office in Building 31, Room B3B18. Additional information is also available on the Parking and Transportation Website.

6. Penalties, which may include the towing of an improperly parked vehicle, a fine of up to fifty dollars or imprisonment of not more than thirty days or both for each violation, or the revocation of parking privileges, will be imposed for violations of requirements and conditions set forth in this chapter. (45 C.F.R. 3.61, "Penalties")

7. In accordance with the Assimilative Crimes Act (18 U.S. C. 13), parking and traffic offenses excluded under 45 C.F.R. are assimilated under Maryland Motor Vehicle Law. The fines and imprisonment schedules are established by the District Court of Maryland.

G. Priority of Assignment of Parking Spaces:

The priority of assignment of parking spaces will be as follows:

1. Official Parking

a. Government-owned or-leased vehicles specially designed and used for criminal apprehension, firefighting, and other emergency function vehicles.

b. Other government-owned or -leased motor pool dispatch vehicles and vehicles assigned for general use.

2. Employee Parking - Parking spaces not required for official parking will be used for employee parking in the following priority.

a. NIH employees with disabilities. Specially designed parking areas are provided to give employees with physical disabilities a barrier-free pathway between the parking areas and NIH buildings. Employees and visitors with disabilities may park without charge in visitor parking areas or at metered parking spaces.

b. Executive employees. As a matter of Department policy, not more than 10 percent of the total spaces available for employee parking, excluding the spaces assigned to employees with disabilities, will be assigned to executive employees.

c. Vanpool and carpool vehicles.

d. Bicycles and other two-wheel vehicles. Subject to availability of satisfactory and secure spaces, areas will be reserved for the parking of bicycles and other two- wheel vehicles.

e. Single occupant vehicles. Privately owned, single occupant vehicles of employees, on a space-available basis.

3. Visitor Parking - Vehicles of visitors and visitors with disabilities with authorizing tags or decals. Specially designed parking spaces are provided to give handicapped visitors barrier-free pathways between the parking areas and NIH buildings. Fee-for-parking lots and metered spaces are available from 7:00 a.m. until 7:00 p.m. There is no fee for individuals with a disabled registration plate or hanging placard who park in a fee-for- parking lot or metered space.

H. Obtaining Parking Permits:

1. All parking permits may be obtained from the ETSO, CPB, Building 31, Room B3B04, telephone 496-6851, from 7:30 a.m. to 4:30 p.m. Monday - Friday. In addition, one day each month permits may be obtained at the Federal, Executive Plaza North, and Rockledge II Buildings. Employees are sent a renewal notice from the ETSO approximately forty-five days in advance of the expiration of the permit. The expiration date of the permit may also be found on the permit itself.

2. Documentation required when registering a vehicle at NIH are:

a. valid NIH identification card;

b. valid registration certificate for each vehicle; and

c. valid driver's license.

3. Preferential (Red) and General Parking Permits may be picked up by one employee for another as long as the employee picking up the permits has the necessary NIH identification card, registration certificates and driver's license of the employee to whom the permits are to be issued.

4. On the first day at the NIH, each new employee, except summer employees, should come to the ETSO and obtain a permanent parking permit.

5. Each employee renewing a parking permit may do so at the ETSO any workday during the month in which the existing parking permit expires. Parking permits will not be mailed.

6. If an individual purchases another vehicle or drives another vehicle to the NIH, the mirror hanger may be transferred to this vehicle.

7. An individual who leaves NIH employment must return the mirror hanger to the ETSO, Building 31, Room B3B04.

I. Types of Parking and Available Parking Permits:

Each employee may make application for the type of parking permit to which s/he is entitled based on the criteria that follows. Employees are entitled to register up to three vehicles that they own and may use for transportation to the NIH. Each employee will be issued one mirror hanger. This mirror hanger must be displayed on the rearview mirror of a vehicle when it is parked on the NIH enclave. A mirror hanger may be transferred among registered vehicles. It may also be used for short-term use in rental vehicles.

1. Carpool and Vanpool

a. All members of a carpool or vanpool must appear at the ETSO as a group when initially applying for carpool permits. Employees may be a member of only one carpool or vanpool. The ETSO will verify and update information periodically.

b. All members of a carpool must be employed at the NIH, working on the NIH campus or at any of the NIH rental buildings. Since the carpool program is designed to reduce the number of vehicles parking at the NIH, reduce vehicle emissions, and help mitigate traffic on surrounding roadways, each carpool applicant of record must have a valid driver's license and show proof of vehicle ownership. Joint owners of an automobile, i.e., parties who are listed on the same vehicle title, may not be the sole members of a carpool. When two or more persons are independently eligible to obtain general parking permits and instead obtain a carpool permit, the number of parking spaces required is reduced. This requirement is in no way meant to prohibit ridesharing which may be done by all parking permit holders irrespective of the type of permit.

c. All members of a carpool must reside in a geographical location that is compatible with the intent of the carpool privilege; i.e., in reasonable proximity to the route of travel of members, in the same county or municipal subdivisions, or same household (if otherwise qualified).

d. The carpool parking permit consists of a mirror hanger that must hang from the vehicle's rearview mirror while parking in the carpool areas. It is shared by all members of a carpool.

e. Employees may only be issued one type of NIH Parking Permit (red, general or carpool).

f. Carpool parking permits expire annually on the last day of October. The expiration date is written on the face of the parking permit.

g. Carpool parking permits are not transferable. Changes in carpool membership should be reported to the ETSO immediately. If carpool membership falls to just one member, that person must relinquish the carpool parking permits to the ETSO in exchange for a general employee parking permit.

h. A vehicle displaying the carpool hanger permit may park in the areas posted "CP Spaces Reserved Until 9:30 a.m." In the event these areas are filled, the carpool parking permit is also valid in the areas posted "NIH Parking Permit Holders Only." Enforcement of carpool parking areas will go into effect at 8:00 a.m. each working day.

i. After 3:00 p.m., carpool parking permits are valid in any employee parking space or preferential (red) areas. Carpool parking permits are not valid at any time in reserved (numbered), handicap, and preschool spaces.

j. When driving to work alone without benefit of a mirror hanger, each carpool participant may be issued a temporary dashboard permit. This privilege is limited, however, to twenty-four times per participant per carpool registration year.

k. A vanpool may request a single reserved space. Requests must be made in writing to the Director, DPS, Building 31, Room B3B12. To be considered a registered vanpool and receive the commuting subsidy from the NIH TRANSHARE Program, the operator of the van shall have met all the requirements of a legal business entity. For additional information regarding establishing a vanpool, contact the ETSO at 402-RIDE.

When a carpool hanger is lost or stolen, replacement will only be made after a report of the lost or stolen hanger is made to the NIH Police at the NIH Police Desk in Building 31, Room B3B17.

2. General Employee

a. General Employee parking permits, issued in the form of a mirror hanger, are not transferable. A vehicle must display a mirror hanger. They expire annually on the last day of the month as determined by the first initial of the employee's last name as follows: A and B--January; C and D--February; E, F, and G-- March; H, I, and J--May; K and L--June; M and N--July; O, P, Q, and R--August; S and T-- September; and U, V, W, X, Y, and Z--November.

b. General Employee parking permits are valid in all areas posted "NIH Parking Permit Holders Only," and after 9:30 a.m. in the areas posted "CP Spaces Reserved Until 9:30 a.m."

c. After 3:00 p.m., General Employee parking permits are also valid in any designated parking space in the preferential (red) areas; this does not include reserved (numbered), handicap, and preschool spaces.

3. Off-Campus Employee Parking Permit - These permits are issued to NIH employees who work in off-campus locations but may periodically park on the Bethesda enclave. These permits may also be used at leased facilities that require an NIH parking permit. Unlike current "general" parking permits where expiration is based on the first letter of the employee's last name, all off-campus permits will expire in December.

4. Green - The Green parking permits are for use only by off-campus employees who need to visit and park on the NIH enclave. They are maintained and controlled by the IC Executive Offices. To accommodate the needs of employees working in off-campus buildings, each IC Executive Office with employees at these locations is issued one Green parking permit for approximately every 100 off-campus employees. The Green parking permits are valid on campus in all areas posted "NIH Red Parking Permit Holders Only," "NIH Parking Permit Holders Only" and "CP Spaces for Carpool Parking Only until 9:30 a.m." Green permits expire annually the last day of April. Annually, during March, the specific needs of each IC will be reviewed by the Director, DPS and adjusted accordingly.

5. Employees with Disabilities

a. Temporary (expected to last less than 90 days). Employees with a temporary disability requesting parking in the areas reserved for employees with disabilities must submit a completed Form NIH 26-9 to the Occupational Medical Service (OMS), Division of Safety, Building 10, Room 6C306. OMS will review the medical documentation to confirm the need for priority parking; additional information may be requested by OMS from the employee, as necessary. Approval for temporary priority parking will not exceed 90 days.

b. Permanent (expected to last more than 90 days). Employees with a permanent disability requesting parking in an area reserved for employees with a disability must present (l) the original or a copy of the approved application for disability license plates from
the jurisdiction in which the employee's vehicle is registered, (2) a dashboard handicapped permit from the applicable jurisdiction, or (3) a valid handicapped vehicle registration that applies only to the employee requesting the NIH permit. The NIH permit will be
issued until the last date shown on the documentation provided. Employees with appropriate documentation will receive parking permits for areas reserved for employees with a disability from the ETSO without completing the NIH Form 26-9. A temporary permit as described in 5. a. above will be available to an employee while s/he is requesting permanent disability vehicle documents.

c. Vehicles parking in the areas reserved for employees with disabilities must display both a disability parking permit and a regular NIH parking permit (mirror hanger). Parking spaces reserved for disability permit holders are reserved 24 hours per day, 365 days per year. Parking by others at any time is illegal.

6. Patient Care - Patient Care parking permits are issued during January and July by the Clinical Center. These permits are valid for six months in the parking area posted "Reserved for Patient Care Parking Permit Holders." These permits are issued to individuals with direct patient care responsibilities. For information on Patient Care permits, contact the Clinical Center, Office of the Director, Office of Space Management at 496-2925.

7. Preferential (Red) - The overall allotment of Preferential (red) parking permits assigned each IC is limited to the number of executive employees within the organizations who work on the NIH enclave; at the Frederick Cancer Research and Development Center; at the National Naval Medical Center; or at off-campus buildings in the metropolitan Washington, D. C. area. Each IC Director will determine the distribution of the allotted Preferential (red) parking permits to specific individuals within his/her organization, using the following guidelines:

a. ICs cannot exceed their allotment of Preferential (red) parking permits. For the annual April registration, the allotment will be based on the current year's February TDCS/ARMS Personnel System Report (TAPS 824). IC allotments will be adjusted throughout the year as the number of executive employees increases or decreases including executive level equivalent positions (see c below).

b. The number of red permits available to each IC for use by off-campus employees shall be limited by the number of IC off-campus executive employees assigned to buildings in the immediate area. The permits cannot be assigned to on-campus employees. On-campus employees may not be substituted for off-campus executive employees.

c. Employees who are equivalent to the executive employees (PHS Commissioned Officers, Title 38 and Title 42 Appointees, etc.) may be considered eligible to receive a Preferential (red) parking permit.

1) Preferential (red) parking permits issued to executive employees, including equivalent employees, will comprise an
organization's overall quota.

2) Written requests for Preferential (red) parking permits for equivalent employees must be submitted by the IC Director to the Director, DPS, for approval. The request must include the individual's name, position, salary, and other pertinent factors that may be helpful in reaching a decision. The individuals appointment, position and salary must be equivalent to or exceed the GS-15 level.
All other rules and regulations pertaining to the issuance of, and substitution for Preferential (red) parking permits will be strictly adhered to.

d. Annually, during March, the Director, DPS, will provide each IC Director a copy of the current IC TDCS/ARMS Personnel System Report (TAPS 824) and a current listing of their respective IC employees with Preferential (red) permits from the ETSO's computer database. The TAPS 824 is a listing of executive employees including executive level equivalent positions within the IC (executive employees or substitutes) for whom a Preferential (red) parking permit may be requested. ICs will review the DPS-supplied lists and in turn forward a listing of eligible employees for whom they are requesting/approving a Preferential (red) parking permit, including any substitutions authorized. The lists must include the employees' names, grade levels, and worksites. Requests for equivalent employees should be submitted on a separate list. IC Directors have the final approval authority for issuance of Preferential (red) parking permits to otherwise qualified employees or in making substitutions. Preferential (red) parking permits will not be issued to employees not permanently assigned to the NIH facilities in the immediate area of the main NIH enclave. On-campus, non-executive employees may not be substituted for off-campus, executive employees.

e. The IC Executive Officer may obtain a Preferential (red) parking permit for an employee who becomes a newly confirmed executive employee after the registration period by sending a written request to the ETSO, Building 31, Room B3B18. Any such request received by the ETSO between March l and April 1 of any year will result in the issuance of a temporary parking permit valid until the normal issuance sequence in April.

f. Preferential (red) parking permits are in the form of a mirror hanger and expire annually on the last day of April. This expiration date is written on the face of the permits.

g. Preferential (red) parking permits are valid in the parking areas posted "NIH Red Parking Permit Holders Only." In the event these areas are filled, the permits are also valid in the areas posted "NIH Parking Permit Holders Only" and after 9:30 a.m. parking areas posted "CP Spaces Reserved Until 9:30 a.m.

h. Preferential (red) parking permits are not transferable.

8. Preschool - Preschool parking permits are issued to parents of children enrolled in the NIH Preschool. The ETSO provides the parking permits to the Director of the Preschool who is responsible for their distribution. The Preschool parking permits are valid only in the areas posted "30 Minute Parking only for Preschool Permits 7:00 a.m.-10:00 a.m. and 3:00 p.m.- 6:00 p.m."

9. Reserved - Reserved parking spaces are issued to vanpools and employees who have individually reserved (numbered) parking spaces. Written requests for individually reserved parking spaces must be submitted to the Director, DPS for approval. Individual parking spaces will be reserved on request for the following individuals, provided their primary offices are located on the NIH enclave:

a. NIH Director, Deputy Directors, and Associate Directors.

b. IC Directors, Deputy Directors and Scientific Directors.

c. One additional space per IC for an individual of a level comparable with a Scientific Director. (The NCI, because of its size, will receive three additional spaces.) This additional space is being offered because each IC with an Intramural Research Program has a Scientific Extramural counterpart, and it becomes  difficult to draw the line with various Associate Directors, Division Directors and Program Directors. An IC Director may assign the additional space to such an official who is at a level equivalent to the Scientific Director.

With the exception of vanpools, assignment of individually reserved parking spaces, other than those listed above, will be made only in exceptional circumstances based on functional requirements. Assignment of individually reserved parking spaces at the NIH rental buildings may also be made based on functional requirements. Contact the ETSO at 402-RIDE for additional information.

10. Summer - All summer employees will be issued temporary parking permits that expire on the last day of September of the current year. These permits will only be valid for the off-campus parking facilities leased by NIH (Garage 57 in Bethesda and Mid-Pike Plaza commuter parking lot in Rockville). Directions to both of these facilities are available upon request from the ETSO or by calling 402-RIDE.

11. Temporary - Employees temporarily driving a vehicle other than the one on which the NIH parking permit has been affixed must obtain a Temporary parking permit from the ETSO, Building 31, Room B3B04.

12. Visitor - Visitors are required to park in designated visitors areas. These areas are fee-for-parking and will have a posted time restriction. Visitors will not be issued visitor parking permits by the ETSO.
    
    Patients of the Clinical Center and their visitors, however, may park in the ACRF garage, level P-3, free of charge but are expected to have their parking validated at the admissions desk located in the lobby of the Clinical Center.

J. Display of Parking Permits:

Each non-visitor vehicle parking on the NIH enclave, at any of the NIH rental
buildings, or at any of the NIH leased parking facilities must display a current mirror hanger or a current Temporary parking permit.

The hanger permit must hang from the vehicle's rearview mirror while parked so that the permit is clearly visible through the windshield. A mirror hanger that is not entirely visible will not be considered valid.

All dashboard-type parking permits must be displayed at the base of the windshield so that the entire parking permit is clearly visible through the windshield.

Vehicles displaying a Preschool, Handicap, or Patient Care parking permit must also display the appropriate NIH mirror hanger. Vehicles displaying a Temporary parking permit do not need an NIH mirror hanger.

Detailed instructions on the proper display of parking permits will be provided at the time of issuance. Any employee who is unsure about the proper placement of the dashboard permit should contact the ETSO at 402-7433 for assistance.

K. Ridesharing Assistance:

Employees interested in ridesharing should contact the ETSO at telephone 402-7433 for information. The ETSO will assist in the location of a carpool or vanpool partner through the NIH Ridefinders Network. Applications to the NIH Ridefinders Network are available at the ETSO located in Building 31, Room B3B18. The ETSO has information on various types of ridesharing modes, including carpooling, vanpooling, Ride-On, Metro Bus, and Metro Rail.

L. Parking in Excess of 24 Hours:

An NIH employee requesting to park a vehicle on the NIH enclave in excess of
24 hours while on official U.S. Government travel must submit a copy of their travel orders (HHS-1) to the NIH Police Branch, Building 31, Room B3B17, telephone 496-5685. A temporary parking permit will be issued at that time. The NIH Police Branch will designate the parking lot to be utilized. Parking in excess of 24 hours on the NIH enclave is a violation except for official travel (45 C.F.R. 3.23(a)(9)).

M. Penalties:

1. 45 C.F.R. Part 3, Subpart B, "Traffic Regulations", contains the regulations governing traffic and parking on the NIH enclave. Penalties are described in 45 C.F.R. 3.61, Subpart D.

2. The Director, DPS, may revoke the parking privileges of anyone parking on the NIH enclave or at the NIH rental buildings for violation of these regulations or any of the requirements established in this chapter. A person found guilty of violating any provision of the regulations in this part is subject to a fine of up to $50 or imprisonment of not more than thirty days or both, for each violation (40 U.S.C. 3l8c).

3. "Federal Property Management Regulations", 41 C.F.R. 101-20.117-4(f), require that agencies include a statement of penalties in their written plans for carpool parking and that ". . . A mandatory penalty of at least 6 months' suspension of the privilege of parking on a Federal facility shall be imposed for misrepresentation of carpool membership, application qualifications, or for violation of other agency carpool practices and requirements. The agency may also impose other penalties where appropriate."

4. By law (18 U.S.C. 1001), giving false or misleading information, duplication, forgery or alteration of a permit may render an individual liable to prosecution and substantial penalties.

5. Violation of parking and traffic regulations may result in the issuance of a Violation Notice by the NIH Police and/or the vehicle being towed at the owners expense from the NIH enclave. Violation Notices are recorded on forms accountable to the Central Violations Bureau, U.S. District Court. There is no internal NIH appeal for such violations. Depending on the nature of the violation, an employee may be required to appear in court or may be permitted to pay a fine by posting and forfeiting collateral. The agency also reserves the right to administrative action when deemed necessary.

6. A vehicle that displays an NIH parking permit and is parked on the NIH enclave or at the NIH rental buildings by a non-NIH employee will be issued a Violation Notice and may be towed at the owner's expense.

N. Records Retention and Disposal:

All records (E-mail and non-E-mail) pertaining to this chapter must be retained and disposed of under the authority of NIH Manual 1743, "Keeping and Destroying Records", Appendix 1, "NIH Records Control Schedule", Item 1300-C-14.

NIH E-mail messages. NIH E-mail messages (messages, including attachments, that are created on NIH computer systems or transmitted over NIH networks) that are evidence of the activities of the agency or have informational value are considered Federal records. These records must be maintained in accordance with current NIH Records Management guidelines. Contact your IC Records Officer for additional information.

All E-mail messages are considered Government property and, if requested for a legitimate Government purpose, must be provided to the requester. Employees' supervisors, NIH staff conducting official reviews or investigations, and the Office of the Inspector General may request access to or copies of the E-mail messages.

E-mail messages must also be provided to Congressional committees if requested and are subject to Freedom of Information Act requests. Since most E-mail systems have back-up files that are retained for significant periods of time, E-mail messages and attachments are likely to be retrievable from a back-up file after they have been deleted from an individual's computer. The back-up files are subject to the same requests as the original messages.

O. Management Controls:

The purpose of this manual issuance is to establish the NIH policy and describe the system for parking private vehicles on the NIH enclave and other locations where the NIH has parking privileges which are administered by the NIH.

1. Office Responsible for Reviewing Management Controls Relative to this Chapter (Issuing Office): Through this manual issuance, the ORS/DPS/CPB/ETSO, is responsible for the method used to ensure that management controls are implemented and working.

2. Frequency of Review: Ongoing review.

3. Method of Review: The ETSO will maintain oversight and ensure effective implementation and compliance with this policy through review of a myriad of resources, e.g., complaints received from NIH employees, parking violation notices issued by the NIH Police Branch, as well as reviews of numerous ongoing construction projects which will have an impact on various parking locations throughout the enclave, and other issues that may arise and require tracking.

4. Review reports are sent to: Director, DPS; Associate Director for Research Services; and Deputy Director for Management, NIH. Issues of special concern will be brought immediately to the attention of the Associate Director for Research Services.

Appendix 1. Excerpted from NIH Enclave Regulations, 45 C.F.R. Part 3, 01-09-90 (Published in the Federal Register of January 22, 1990).:

Subpart B--Traffic Regulations (In Part)

3.23 Parking.

(a) A person may not stand (vehicle stopped, with or without an occupant) or park a motor vehicle or other vehicle:

(1) In a lane, space, or area not designated by sign for parking, and/or standing;

(2) On a sidewalk;

(3) Within an intersection or crosswalk;

(4) Within 10 feet of a fire hydrant, 5 feet of a driveway or 20 feet of a stop sign, crosswalk, 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 the approval of the Police Office.

(b) A person must park bicycles, motorbikes, and similar vehicles only in designated areas, and may not bring these vehicles inside buildings.

(c) A visitor must park in an area 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, or any other unpaved area without the approval of the Police Office.

3.24 Parking permits.

Except for visitor parking, a person may not park a motor vehicle without displaying a parking permit currently valid for that location. The Director, Division of Public Safety, may revoke or refuse to issue or renew any parking permit for violation of this section, or any provision of this part.

Subpart D--Penalties

3.61 Penalties.

(a) A person found guilty of violating any provision of the regulations in this part is subject to a fine of up to $50 or imprisonment of not more than thirty days or both, for each violation (40 U.S.C. 318c).

NIH