Control, Custody, Care, Treatment and Instruction of Inmates; Smoking/No Smoking Areas

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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