Tobacco Vending

GENERAL SERVICES ADMINISTRATION

41 CFR Part 101-20

[FPMR Amendment D-94]

RIN 3090-AF90

Tobacco Vending

AGENCY: General Services Administration.

ACTION: Final rule.

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SUMMARY: General Services Administration's Appropriations Act, Public

Law 104-52, Section 636, referred to as the ``Prohibition of Cigarette

Sales to Minors in Federal Buildings and Land Act,'' requires the

Administrator of General Services to promulgate regulations that

prohibit the sale of tobacco products in vending machines and the

distribution of free samples of tobacco products in Government-owned

and leased space under the custody and control of the GSA. GSA intends

to have tobacco-product vending machines removed from Government

property.

EFFECTIVE DATE: January 25, 1996.

FOR FURTHER INFORMATION CONTACT:

Dan Shipley, (202) 501-1968.

SUPPLEMENTARY INFORMATION: The General Services Administration (GSA)

has determined that this rule is not a significant regulatory action

for the purposes of Executive Order 12866.

The Paperwork Reduction Act does not apply because the revisions do

not impose record keeping or information collection requirements, or

collections of information from offerors, contractors, or members of

the public which require the approval of the Office of Management and

Budget under U.S.C. 3501, et seq. This rule is not required to be

published in the Federal Register for notice and comment. Therefore,

the Regulatory Flexibility Act does not apply.

[[Page 2122]]

List of Subjects in 41 CFR Part 101-20

Concessions, Federal buildings and facilities, Government property

management.

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 101-20.2--Vending Facility Program for Blind Persons

2. Section 101-20.109 is amended by adding paragraph (d) to read as

follows:

Sec. 101-20.109 Concessions.

* * * * *

(d) Public Law 104-52, Section 636, prohibits the sale of tobacco

products in vending machines in Government-owned and leased space under

the custody and control of GSA. The Administrator of GSA or the head of

an Agency may designate areas not subject to the prohibition, if the

area prohibits minors and reports are made to the appropriate

committees of Congress.

2. Section 101-20.204 is amended by revising paragraph (c)(3) to

read as follows:

Sec. 101-20.204 Terms of permit.

* * * * *

(c) * * *

(3) Articles sold at vending facilities operated by blind licensees

may consist of newspapers, periodicals, publications, confections,

tobacco products, foods, beverages, chances for any lottery authorized

by State law and conducted by an agency of a State within such State,

and other articles or services as are determined by the State licensing

agency, in consultation with GSA to be suitable for a particular

location. Such articles and services may be dispensed automatically or

manually and may be prepared on or off the premises. Public Law 104-52,

Section 636, prohibits the sale of tobacco products in vending machines

in Government-owned and leased space under the custody and control of

GSA.

3. Section 101-20.309 is revised to read as follows:

Sec. 101-20.309 Posting and distributing materials.

(a) Public Law 104-52, Section 636, prohibits the distribution of

free samples of tobacco products in or around Federal buildings.

(b) Posting or affixing materials, such as pamphlets, handbills, or

flyers, on bulletin boards or elsewhere on GSA-controlled property is

prohibited, except as authorized in Sec. 101-20.308 or when these

displays are conducted as part of authorized Government activities.

Distribution of materials, such as pamphlets, handbills, or flyers is

prohibited, except in the public areas of the property as defined in

Sec. 101-20.003(z), unless conducted as part of authorized Government

activities. Any person or organization proposing to distribute

materials in a public area under this section shall first obtain a

permit from the building manager under Subpart 101-20.4 and shall

conduct distribution in accordance with the provisions of Subpart 101-

20.4. Failure to comply with those provisions is a violation of these

regulations.

Dated: January 5, 1996.

Roger W. Johnson,

Administrator of General Services.

[FR Doc. 96-1088 Filed 1-24-96; 8:45 am]

BILLING CODE 6820-23-M