[Federal Register Volume 59, Number 26 (Tuesday, February 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2851]
[[Page Unknown]]
[Federal Register: February 8, 1994]
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DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 551
RIN 1120-AA12
Control, Custody, Care, Treatment and Instruction of Inmates;
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
and reorganize its regulations on Smoking/No Smoking Areas. As revised,
designated smoking areas at the Bureau's medical referral centers and
minimum security institutions ordinarily would be outside of buildings
and away from entrances. Wardens at all low, medium, high, and
administrative institutions other than medical referral centers may
continue, but are not required, to designate indoor smoking areas in
addition to outdoor smoking areas. This amendment is intended to
provide for a clean air environment and to protect the health and
safety of staff and inmates.
DATES: Comments due by April 11, 1994.
ADDRESSES: 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. A final rule on this
subject was published in the Federal Register on November 16, 1989 (54
FR 47753).
The Bureau of Prisons is committed to the creation of a clean air
environment and to protect the health and safety of its staff and
inmates by restricting areas in which a person is allowed to smoke. To
achieve this purpose, the Bureau is proposing that ``smoking areas'' to
be designated by Wardens at medical referral centers and at minimum
security institutions shall ordinarily be outside of all buildings and
away from all entrances so as not to expose others to second-hand
smoke. Because inmates at minimum security institutions have ample
access to designated outdoor smoking areas, the Bureau believes that
the proposed change is a reasonable step towards a smoke free
environment. Establishment of a smoke free environment at the Bureau's
medical referral centers is proposed in accordance with guidelines from
the Joint Commission on Accreditation of Healthcare Organizations. As
for the remaining Bureau institutions, the proposed rule specifies that
the Warden may, but is not required to, designate indoor smoking areas
in addition to outdoor smoking areas. The Bureau believes that by
allowing Wardens at these institutions this discretion, the Bureau will
be able to more effectively assess the practicability of making further
changes at higher security level institutions.
In addition to the revisions described above, the Bureau has
reorganized and revised its regulations on Smoking/No Smoking Areas for
the sake of clarity and to avoid redundancy. For example, the current
regulations contain cross references qualifying those locations where
smoking ordinarily is not permitted. Because the Warden is responsible
for designating smoking areas, ordinarily only where the needs of
effective operations so require, the Bureau deems it unnecessary to
list in its revised regulations specific locations which would still be
subject to the Warden's discretion. The listing of these locations has
therefore been removed from the regulation, but remains as guidance in
implementing instructions to staff. The revised regulations also
contain a nomenclature change in which the title ``Warden'' has been
substituted for ``Chief Executive Officer''.
The Bureau of Prisons has determined that this rule is not a
significant regulatory action for the purpose of E.O. 12866, and
accordingly this rule was not reviewed by the Office of Management and
Budget. After review of the law and regulations, the Director, Bureau
of Prisons has certified that this rule, for the purpose of the
Regulatory Flexibility Act (Pub. L. 96-354), does not have a
significant impact on a substantial number of small entities.
Interested persons may participate in this proposed rulemaking by
submitting data, views, or arguments in writing to the 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. 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 M. Hawk,
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), it is proposed to amend part 551
in subchapter C of 28 CFR, chapter V as set forth below.
SUBCHAPTER C--INSTITUTIONAL MANAGEMENT
PART 551--MISCELLANEOUS
1. The authority citation for 28 CFR part 551 continues 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; Public Law 99-500 (sec. 209); 28 CFR 0.95-0.99.
2. Subpart N, consisting of Secs. 551.160 through 551.163, is
revised to consist of Secs. 551.160 through 551.164 as follows:
Subpart N--Smoking/No Smoking Areas
Sec.
551.160 Purpose and scope.
551.161 Definitions.
551.162 Designated no smoking areas.
551.163 Designated smoking areas.
551.164 Notice of smoking areas.
Subpart N--Smoking/No Smoking Areas
Sec. 551.160 Purpose and scope.
To advance towards becoming a clean air environment and to protect
the health and safety of staff and inmates, the Bureau of Prisons will
restrict areas and circumstances where smoking is permitted within its
institutions and offices.
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 no smoking areas.
All areas of Bureau of Prisons facilities and vehicles are no
smoking areas unless specifically designated as a smoking area by the
Warden as set forth in Sec. 551.163.
Sec. 551.163 Designated smoking areas.
(a) At all Medical Referral Centers, including housing units, and
at minimum security institutions, including satellite camps and
intensive confinement centers, the Warden shall identify ``smoking
areas'', ordinarily outside of all buildings and away from all
entrances so as not to expose others to second-hand smoke.
(b) At all low, medium, high, and administrative institutions other
than medical referral centers, the Warden shall identify outdoor
smoking areas and may, but is not required to, designate a limited
number of indoor smoking areas where the needs of effective operations
so require, especially for those who may be employed in, or restricted
to, a nonsmoking area for an extended period of time.
(c) To the maximum extent practicable nonsmoking inmates shall be
housed in nonsmoking living quarters.
Sec. 551.164 Notice of smoking areas.
The Warden shall ensure that smoking areas are clearly identified
by the appropriate placement of signs. The absence of a sign shall be
interpreted as indicating a no smoking area. Appropriate disciplinary
action shall be taken for failure to observe smoking restrictions.
[FR Doc. 94-2851 Filed 2-7-94; 8:45 am]
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