[Federal Register Volume 63, Number 227 (Wednesday, November 25, 1998)]
[Proposed Rules]
[Pages 65502-65503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31556]



[[Page 65501]]

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Part VII





Department of Justice





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Bureau of Prisons



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28 CFR Part 551



Smoking/No Smoking Areas; Proposed Rule

  Federal Register / Vol. 63, No. 227 / Wednesday, November 25, 1998 / 
Proposed Rules  

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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 551

[BOP-1084-P]
RIN 1120-AA79


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 
its regulations on smoking in order to limit smoking in Bureau of 
Prisons facilities to visibly designated outdoor locations, unless an 
indoor area has been designated as a smoking area to be used 
exclusively for authorized religious activities. Previously, smoking 
areas at medical referral centers and minimum security institutions 
were ordinarily located outside of all buildings, and Wardens at other 
institutions could, but were not required to, identify certain indoor 
areas as designated smoking areas where the needs of effective 
operations so required (for example, for those who may be employed in, 
or restricted to, a nonsmoking area for an extended period of time). 
This amendment is intended to promote a clean air environment and to 
protect the health and safety of staff and inmates.

DATES: Comments due by January 25, 1999.

ADDRESSES: Rules Unit, 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 (28 CFR part 551, subpart 
N). A final rule on this subject was published in the Federal Register 
on July 6, 1994 (59 FR 34742).
    The hazards of tobacco smoke (including the health risks associated 
with passive inhalation of second-hand smoke by nonsmokers) are well 
established by medical and public health authorities. The national 
health promotion disease prevention objectives of the Public Health 
Service study Healthy People 2000 have identified health status, risk 
reduction, and services and protection objectives in relation to 
tobacco. One of the objectives calls for stricter policies in the 
workplace that prohibit or severely restrict smoking. Cigarette smoking 
is responsible for an estimated 21 percent of all coronary heart 
disease deaths, 30 percent of all cancer deaths, and 87 percent of lung 
cancer deaths. The known health risks associated with smoking and the 
increasing societal concern about passive tobacco smoke, provide ample 
evidence and support for the Bureau to enact stricter smoking/no 
smoking rules to protect the health and safety of both staff and 
inmates.
    In the previous revision of its regulations on smoking/no smoking 
areas (59 FR 34742), the Bureau limited smoking at medical referral 
centers and minimum security institutions ordinarily to outside 
locations. Under the revised regulations, Wardens at low, medium, high, 
and administrative institutions could identify certain indoor areas as 
designated smoking areas for those who may be employed in, or 
restricted to, a nonsmoking area for an extended period of time. The 
regulations, however, did not require the Wardens at these institutions 
to designate indoor smoking areas.
    The Bureau has an obligation to its employees and to the inmates in 
its custody to provide the safest and healthiest environment possible. 
Therefore, the Bureau is now proposing that the restriction on 
designated indoor smoking areas be extended to all Bureau of Prisons 
institutions. Smoking will only be permitted outdoors in visibly 
designated locations with the exception that an indoor smoking area may 
be designated to be used exclusively for authorized religious 
activities. Individuals who do not observe the smoking restrictions are 
subject to appropriate disciplinary action.
    Programs to assist those persons wishing assistance in quitting 
smoking are available through normal health care programs offered to 
inmates.
    This rule falls within a category of actions that the Office of 
Management and Budget (OMB) has determined not to constitute 
``significant regulatory actions'' under section 3(f) of Executive 
Order 12866 and, accordingly, it was not reviewed by OMB. After review 
of the law and regulations, the Director, Bureau of Prisons certifies 
that this rule, for the purpose of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.), does not have a significant economic impact on a 
substantial number of small entities, within the meaning of the Act. 
Because this rule pertains to the correctional management of offenders 
committed to the custody of the Attorney General or the Director of the 
Bureau of Prisons, its economic impact is limited to the Bureau's 
appropriated funds.
    Interested persons may participate in this proposed rulemaking by 
submitting data, views, or arguments in writing to the Rules Unit, 
Office of General Counsel, 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. 
Comments received after the expiration of the comment period will be 
considered to the extent practicable. 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 Hawk Sawyer,
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 proposed to be amended as set forth below.

Subchapter C--Institutional Management

PART 551--MISCELLANEOUS

    1. The authority citation for 28 CFR part 551 is revised 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; Attorney 
General's May 1, 1995 Guidelines for Victim and Witness Assistance.

    2. Subpart N is revised to read as follows:

Subpart N--Smoking/No Smoking Areas

Sec.
551.160  Purpose and scope.
551.161  Definitions.
551.162  Designated smoking areas.
551.163  Disciplinary action.

Subpart N--Smoking/No Smoking Areas


Sec. 551.160  Purpose and scope.

    To promote a clean air environment and to protect the health and 
safety of staff and inmates, the Bureau of Prisons restricts areas and 
circumstances where smoking is permitted within its institutions and 
offices.

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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 smoking areas.

    The Warden is responsible for designating smoking areas. Smoking is 
permitted only in these visibly designated areas. Designated areas are 
to be outdoors, with the exception that an indoor area may be 
designated if the indoor designated smoking area is to be used 
exclusively for authorized religious activities.


Sec. 551.163  Disciplinary action.

    Appropriate disciplinary action may be taken for failure to observe 
smoking restrictions.
[FR Doc. 98-31556 Filed 11-24-98; 8:45 am]
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