[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