[Federal Register Volume 63, Number 227 (Wednesday, November 25, 1998)]
[Proposed Rules]
[Pages 65502-65503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31556]
[[Page 65501]]
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Part VII
Department of Justice
_______________________________________________________________________
Bureau of Prisons
_______________________________________________________________________
28 CFR Part 551
Smoking/No Smoking Areas; Proposed Rule
Federal Register / Vol. 63, No. 227 / Wednesday, November 25, 1998 /
Proposed Rules
[[Page 65502]]
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DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 551
[BOP-1084-P]
RIN 1120-AA79
Smoking/No Smoking Areas
AGENCY: Bureau of Prisons, Justice.
ACTION: Proposed rule.
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SUMMARY: In this document the Bureau of Prisons is proposing to revise
its regulations on smoking in order to limit smoking in Bureau of
Prisons facilities to visibly designated outdoor locations, unless an
indoor area has been designated as a smoking area to be used
exclusively for authorized religious activities. Previously, smoking
areas at medical referral centers and minimum security institutions
were ordinarily located outside of all buildings, and Wardens at other
institutions could, but were not required to, identify certain indoor
areas as designated smoking areas where the needs of effective
operations so required (for example, for those who may be employed in,
or restricted to, a nonsmoking area for an extended period of time).
This amendment is intended to promote a clean air environment and to
protect the health and safety of staff and inmates.
DATES: Comments due by January 25, 1999.
ADDRESSES: Rules Unit, Office of General Counsel, Bureau of Prisons,
HOLC Room 754, 320 First Street, NW., Washington, DC 20534.
FOR FURTHER INFORMATION CONTACT: Roy Nanovic, Office of General
Counsel, Bureau of Prisons, phone (202) 514-6655.
SUPPLEMENTARY INFORMATION: The Bureau of Prisons is proposing to amend
its regulations on Smoking/No Smoking Areas (28 CFR part 551, subpart
N). A final rule on this subject was published in the Federal Register
on July 6, 1994 (59 FR 34742).
The hazards of tobacco smoke (including the health risks associated
with passive inhalation of second-hand smoke by nonsmokers) are well
established by medical and public health authorities. The national
health promotion disease prevention objectives of the Public Health
Service study Healthy People 2000 have identified health status, risk
reduction, and services and protection objectives in relation to
tobacco. One of the objectives calls for stricter policies in the
workplace that prohibit or severely restrict smoking. Cigarette smoking
is responsible for an estimated 21 percent of all coronary heart
disease deaths, 30 percent of all cancer deaths, and 87 percent of lung
cancer deaths. The known health risks associated with smoking and the
increasing societal concern about passive tobacco smoke, provide ample
evidence and support for the Bureau to enact stricter smoking/no
smoking rules to protect the health and safety of both staff and
inmates.
In the previous revision of its regulations on smoking/no smoking
areas (59 FR 34742), the Bureau limited smoking at medical referral
centers and minimum security institutions ordinarily to outside
locations. Under the revised regulations, Wardens at low, medium, high,
and administrative institutions could identify certain indoor areas as
designated smoking areas for those who may be employed in, or
restricted to, a nonsmoking area for an extended period of time. The
regulations, however, did not require the Wardens at these institutions
to designate indoor smoking areas.
The Bureau has an obligation to its employees and to the inmates in
its custody to provide the safest and healthiest environment possible.
Therefore, the Bureau is now proposing that the restriction on
designated indoor smoking areas be extended to all Bureau of Prisons
institutions. Smoking will only be permitted outdoors in visibly
designated locations with the exception that an indoor smoking area may
be designated to be used exclusively for authorized religious
activities. Individuals who do not observe the smoking restrictions are
subject to appropriate disciplinary action.
Programs to assist those persons wishing assistance in quitting
smoking are available through normal health care programs offered to
inmates.
This rule falls within a category of actions that the Office of
Management and Budget (OMB) has determined not to constitute
``significant regulatory actions'' under section 3(f) of Executive
Order 12866 and, accordingly, it was not reviewed by OMB. After review
of the law and regulations, the Director, Bureau of Prisons certifies
that this rule, for the purpose of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.), does not have a significant economic impact on a
substantial number of small entities, within the meaning of the Act.
Because this rule pertains to the correctional management of offenders
committed to the custody of the Attorney General or the Director of the
Bureau of Prisons, its economic impact is limited to the Bureau's
appropriated funds.
Interested persons may participate in this proposed rulemaking by
submitting data, views, or arguments in writing to the Rules Unit,
Office of General Counsel, Bureau of Prisons, 320 First Street, NW.,
HOLC Room 754, Washington, DC 20534. Comments received during the
comment period will be considered before final action is taken.
Comments received after the expiration of the comment period will be
considered to the extent practicable. All comments received remain on
file for public inspection at the above address. The proposed rule may
be changed in light of the comments received. No oral hearings are
contemplated.
List of Subjects in 28 CFR Part 551
Prisoners.
Kathleen Hawk Sawyer,
Director, Bureau of Prisons.
Accordingly, pursuant to the rulemaking authority vested in the
Attorney General in 5 U.S.C. 552(a) and delegated to the Director,
Bureau of Prisons in 28 CFR 0.96(p), part 551 in subchapter C of 28
CFR, chapter V is proposed to be amended as set forth below.
Subchapter C--Institutional Management
PART 551--MISCELLANEOUS
1. The authority citation for 28 CFR part 551 is revised to read as
follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 1512, 3621, 3622, 3624, 4001,
4005, 4042, 4081, 4082 (Repealed in part as to offenses committed on
or after November 1, 1987), 4161-4166 (Repealed as to offenses
committed on or after November 1, 1987), 5006-5024 (Repealed October
12, 1984 as to offenses committed after that date), 5039; 28 U.S.C.
509, 510; Pub. L. 99-500 (sec. 209); 28 CFR 0.95-0.99; Attorney
General's May 1, 1995 Guidelines for Victim and Witness Assistance.
2. Subpart N is revised to read as follows:
Subpart N--Smoking/No Smoking Areas
Sec.
551.160 Purpose and scope.
551.161 Definitions.
551.162 Designated smoking areas.
551.163 Disciplinary action.
Subpart N--Smoking/No Smoking Areas
Sec. 551.160 Purpose and scope.
To promote a clean air environment and to protect the health and
safety of staff and inmates, the Bureau of Prisons restricts areas and
circumstances where smoking is permitted within its institutions and
offices.
[[Page 65503]]
Sec. 551.161 Definitions.
For purpose of this subpart, smoking is defined as carrying or
inhaling a lighted cigar, cigarette, pipe, or other lighted tobacco
products.
Sec. 551.162 Designated smoking areas.
The Warden is responsible for designating smoking areas. Smoking is
permitted only in these visibly designated areas. Designated areas are
to be outdoors, with the exception that an indoor area may be
designated if the indoor designated smoking area is to be used
exclusively for authorized religious activities.
Sec. 551.163 Disciplinary action.
Appropriate disciplinary action may be taken for failure to observe
smoking restrictions.
[FR Doc. 98-31556 Filed 11-24-98; 8:45 am]
BILLING CODE 4410-05-P
