Smoking Policy

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]

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