35846 Federal Register / Vol. 63, No. 126 /Wednesday, July 1, 1998 /Rules and Regulations

§ 180.1020 [Amended]

2. In § 180.1020, by amending

paragraph (b) by changing the date ‘‘7/

31/98’’ to read ‘‘1/31/00.’’

[FR Doc. 98–17514 Filed 6-30-98; 8:45 am]

BILLING CODE 6560–50–F

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.

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:

§ 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 nonsmoking 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 LaborManagement 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]

BILLING CODE 6820–23–M