[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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