[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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