[Federal Register Volume 59, Number 128 (Wednesday, July 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16309]
[[Page Unknown]]
[Federal Register: July 6, 1994]
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Part IV
Department of Justice
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Bureau of Prisons
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28 CFR Part 551
Smoking/No Smoking Areas; Final Rule
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 551
[BOP-1007-F]
RIN 1120-AA12
Smoking/No Smoking Areas
AGENCY: Bureau of Prisons, Justice.
ACTION: Final rule.
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SUMMARY: In this document, the Bureau of Prisons is revising and
reorganizing its regulations on Smoking/No Smoking Areas. As revised,
designated smoking areas at the Bureau's medical referral centers and
minimum security institutions ordinarily shall 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. Additional provisions have been
revised or reorganized for the sake of clarity or to avoid redundancy.
This amendment is intended to provide for a clean air environment and
to protect the health and safety of staff and inmates.
DATES: Effective August 1, 1994. Bureau Wardens may request up to a six
month extension for compliance.
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 amending 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).
On February 8, 1994, the Bureau of Prisons published a proposed
rule requiring 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. 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 proposed rule also reorganized and revised
the regulations for the sake of clarity and to avoid redundancy. For
example, the regulations had contained cross references qualifying
those locations where smoking ordinarily was 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 comment period closed on April 11, 1994. The Bureau received
comments from only one respondent. The commenter, a public health
interest group, stated that it supported the proposal and believed it
to be an important health measure. The commenter further recommended
that in the cases in which the Warden decides to designate an indoor
smoking area, the area should be separately ventilated so that the air
is vented directly to the outside and does not mix with the air
circulating in other parts of the facility. Finally, the commenter
stated that it believed it essential that smoking cessation services
for employees and inmates be made available as part of a policy for a
smokefree environment.
In response to these comments, the Bureau wishes to note that
guidance on ventilation requirements for indoor smoking areas is
provided in its internal instructions to staff. Given the limited
number of indoor smoking areas which may be authorized under
Sec. 551.163(b) and the constraints of operations in a correctional
setting, the Bureau believes it unnecessary to include more specific
direction in its regulations. The Bureau also wishes to note that
separate policy on the provisioning of wellness programs to staff and
to inmates does allow for participation in smoking cessation programs.
While budget and staff limitations initially may limit such staff and
inmate participation to those institutions most affected by the revised
regulations, the Bureau is committed to extending program opportunities
at all facilities.
Therefore, in light of the above comment and agency response, the
Bureau is adopting the proposed amendments as a final rule without
change.
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.
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), part 551 in subchapter C of 28
CFR, chapter V is amended 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; Pub. L. 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. 94-16309 Filed 7-5-94; 8:45 am]
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