[Federal Register Volume 63, Number 126 (Wednesday, July 1, 1998)]
[Rules and Regulations]
[Page 35846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17469]
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GENERAL SERVICES ADMINISTRATION
41 CFR Part 101-20
[FPMR Amendment D-96]
RIN 3090-AG61
Smoking Policy
AGENCY: Public Buildings Service, General Services Administration.
ACTION: Final rule.
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SUMMARY: This rule revises the Federal Property Management Regulations
to implement Executive Order 13058. As a result, the smoking of tobacco
is prohibited in all interior space owned, rented, or leased by the
executive branch of the Federal Government, and in any outdoor areas
under executive branch control in front of air intake ducts.
EFFECTIVE DATE: July 1, 1998.
FOR FURTHER INFORMATION CONTACT:
Howard Chideckel, Office of Business Performance at (202) 501-0457.
SUPPLEMENTARY INFORMATION: GSA has determined that this rule is not a
significant regulatory action for the purpose of Executive Order 12866.
This rule is not required to be published in the Federal Register for
notice and comment, therefore the Regulatory Flexibility Act does not
apply. The Paperwork Reduction Act does not apply because the change
does not impose reporting, recordkeeping or information collection
requirements which require the approval of the Office of Management and
Budget pursuant to 44 U.S.C. 3501, et seq. This rule also is exempt
from congressional review prescribed under 5 U.S.C. 801 since it
relates solely to agency management and personnel.
List of Subjects in 41 CFR Part 101-20
Blind, Concessions, Federal buildings and facilities, Government
property management, Occupational safety and health, Parking, Security
measures, Smoking.
For the reasons set forth in the preamble, 41 CFR Part 101-20 is
amended as follows:
PART 101-20--MANAGEMENT OF BUILDINGS AND GROUNDS
1. The authority citation for Part 101-20 continues to read as
follows:
Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).
Subpart 101-20.1--Building Operations, Maintenance, Protection, and
Alterations
2. Section 101-20.105-3 is revised to read as follows:
Sec. 101-20.105-3 Smoking.
(a) Pursuant to Executive Order 13058, ``Protecting Federal
Employees and the Public From Exposure to Tobacco Smoke in the Federal
Workplace'' (3 CFR, 1997 Comp., p. 216), it is the policy of the
executive branch to establish a smoke-free environment for Federal
employees and members of the public visiting or using Federal
facilities. The smoking of tobacco products is prohibited in all
interior space owned, rented, or leased by the executive branch of the
Federal Government, and in any outdoor areas under executive branch
control in front of air intake ducts.
(b) Exceptions. (1) The policy does not apply in designated smoking
areas that are enclosed and exhausted directly to the outside and away
from air intake ducts, and are maintained under negative pressure (with
respect to surrounding spaces) sufficient to contain tobacco smoke
within the designated area. Agency officials shall not require workers
to enter such areas during business hours while smoking is ongoing.
(2) The policy does not extend to any residential accommodation for
persons voluntarily or involuntarily residing, on a temporary or long
term basis, in a building owned, leased, or rented by the Federal
Government.
(3) The policy does not extend to those portions of federally owned
buildings leased, rented, or otherwise provided in their entirety to
nonfederal parties.
(4) The policy does not extend to places of employment in the
private sector or in other nonfederal governmental units that serve as
the permanent or intermittent duty station of one or more Federal
employees.
(5) Agency heads may establish limited and narrow exceptions that
are necessary to accomplish agency missions. Such exceptions must be in
writing, approved by the agency head, and to the fullest extent
possible provide protection of nonsmokers from exposure to
environmental tobacco smoke. Authority to establish such exceptions may
not be delegated.
(c) Agency heads have responsibility to determine which areas are
to be smoking and which areas are to be non-smoking areas. In
exercising this responsibility, agency heads will give appropriate
consideration to the views of the employees affected and/or their
representatives and are to take into consideration the health issues
involved. Nothing in this section precludes an agency from establishing
more stringent guidelines. Agencies in multi-tenant buildings are
encouraged to work together to identify designated smoking areas.
(d) Agency heads shall evaluate the need to restrict smoking at
doorways and in courtyards under executive branch control in order to
protect workers and visitors from environmental tobacco smoke, and may
restrict smoking in these areas in light of this evaluation.
(e) Agency heads shall be responsible for monitoring and
controlling areas designated for smoking and for ensuring that these
areas are identified by proper signs. Suitable uniform signs reading
``Designated Smoking Area'' shall be furnished and installed by the
agency.
(f) Suitable, uniform signs reading ``No Smoking Except in
Designated Areas'' shall be placed on or near entrance doors of
buildings subject to this section. These signs shall be furnished and
installed by the GSA Building Manager in buildings operated by GSA. It
shall not be necessary to display a sign in every room of each
building.
(g) This smoking policy applies to the judicial branch when it
occupies space in buildings controlled by the executive branch.
Furthermore, the Federal chief judge in a local jurisdiction may be
deemed to be comparable to an agency head and may establish exceptions
for Federal jurors and others as indicated in paragraph (b)(5) of this
section.
(h) Prior to implementation of this section, where there is an
exclusive representative for the employees, the agencies shall meet
their obligation under the Federal Service Labor-Management Relations
Act (5 U.S.C. 7101 et seq.) In all other cases, agencies should consult
directly with employees.
Dated: March 16, 1998.
David J. Barram,
Administrator of General Services.
[FR Doc. 98-17469 Filed 6-30-98; 8:45 am]
BILLING CODE 6820-23-M
