Smoking/No Smoking Areas

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.

[[Page 65503]]

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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