Protecting Federal Employees and the Public From Exposure to Tobacco Smoke in the Federal Workplace, 78360-78361 [E8-30377]

Download as PDF 78360 Federal Register / Vol. 73, No. 246 / Monday, December 22, 2008 / Notices burden to Ms. Jasmeet Seehra, GSA Desk Officer, OMB, Room 10236, NEOB, Washington, DC 20503, and a copy to the Regulatory Secretariat, (VPR), General Services Administration, Room 4041, 1800 F Street, NW., Washington, DC 20405. Please cite OMB Control No. 3090–0080, Final Payment Under Building Services Contract, in all correspondence. SUPPLEMENTARY INFORMATION: A. Purpose GSAR clause 552.232–72 requires building services contractors to submit a release of claims before final payment is made. B. Annual Reporting Burden Respondents: 2000. Responses per Respondent: 1. Hours per Response: .1. Total Burden Hours: 200. Obtaining Copies of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat (VPR), 1800 F Street, NW., Room 4041, Washington, DC 20405, telephone (202) 501–4755. Please cite OMB Control No. 3090–0080, Final Payment Under Building Services Contract, in all correspondence. Dated: December 16, 2008. Al Matera, Director, Office of Acquisition Policy. [FR Doc. E8–30289 Filed 12–19–08; 8:45 am] BILLING CODE 6820–61–P GENERAL SERVICES ADMINISTRATION [FMR Bulletin 2009–B1] Protecting Federal Employees and the Public From Exposure to Tobacco Smoke in the Federal Workplace mstockstill on PROD1PC66 with NOTICES AGENCY: General Services Administration. ACTION: Notice. SUMMARY: This bulletin cancels and replaces GSA Bulletin FPMR D–245, Protecting Federal Employees and the Public From Exposure to Tobacco Smoke in the Federal Workplace, which was published in the Federal Register on October 20, 1997 (62 FR 54461). This bulletin announces and provides details of a recent amendment to Federal Management Regulation, Part 102–74, Facility Management, revising the restrictions on the smoking of tobacco products in leased or owned space under the jurisdiction, custody or control of the Administrator of General Services. The revisions to the smoking VerDate Aug<31>2005 19:07 Dec 19, 2008 Jkt 217001 policy also serve as a best practices model for other federal agencies. DATES: Effective Date: December 22, 2008. FOR FURTHER INFORMATION CONTACT: For further clarification of content, contact Stanley C. Langfeld, Director, Regulations Management Division (MPR), General Services Administration, Washington, DC 20405; or stanley.langfeld@gsa.gov. Dated: December 11, 2008. Gary Klein, Associate Administrator, Office of Governmentwide Policy. GENERAL SERVICES ADMINISTRATION [GSA FMR Bulletin 2009–B1] Public Buildings and Space TO: Heads of Executive Agencies. SUBJECT: Protecting Federal Employees and the Public From Exposure to Tobacco Smoke in the Federal Workplace. 1. Purpose. This bulletin announces the policy concerning the protection of federal employees and the public from exposure to tobacco smoke in the federal workplace. 2. Expiration Date. This bulletin contains information of a continuing nature and will remain in effect until canceled. 3. Background. a. On August 9, 1997, President Clinton signed Executive Order (EO) 13058, entitled ’’Protecting Federal Employees and the Public From Exposure to Tobacco Smoke in the Federal Workplace,’’ to establish a smoke-free environment for federal employees and members of the public visiting or using federal facilities (62 FR 43451, August 13, 1997). b. On October 20, 1997, the U.S. General Services Administration (GSA) issued GSA Bulletin FPMR D–245, ‘‘Protecting Federal Employees and the Public from Exposure to Tobacco Smoke in the Federal Workplace’’ (62 FR 54461). In accordance with the requirements of EO 13058, GSA Bulletin FPMR D–245 prohibited the smoking of tobacco products in all interior space owned, rented or leased by the executive branch of the Federal Government, except in speciallyequipped designated smoking areas, outdoor areas in front of air intake ducts and certain other residential and nonfederal occupied space. The bulletin also required the heads of executive agencies to evaluate the need to restrict smoking in courtyards and near doorways. PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 c. Studies conducted since the issuance of GSA Bulletin FPMR D–245 have concluded that cigarette smoking is the number one preventable cause of morbidity and premature mortality worldwide. Studies also have shown that the harmful effects of smoking are not confined solely to the smoker, but extend to co-workers and members of the general public who are exposed to secondhand smoke as well. Recognition of these facts is evidenced by the stricter laws on smoking enacted by several states over the past ten years. Twentysix states have banned smoking entirely in all of their state government buildings and 19 have banned smoking in all private work places. d. EO 13058 encourages the heads of executive agencies to evaluate the need to further restrict smoking at doorways and in courtyards under executive branch control and authorizes the agency heads to restrict smoking in these areas in light of this evaluation. e. The policy requirements announced by this bulletin are applicable to leased or owned space under the jurisdiction, custody or control of GSA. In addition, federally leased space located in a privately owned building is subject to state and local government smoking restrictions, if the restrictions are more stringent than the federal policy. f. The revisions to the previous smoking policy may affect conditions of employment for employees. Where there is an exclusive representative for the employees, executive branch agencies will be required to meet their collective bargaining obligations under the Federal Service Labor-Management Relations Act, as amended, 5 U.S.C. Ch. 71, LaborManagement Relations, before the revisions to the previous smoking policy can be implemented. 4. Action. a. As ordered by EO 13058, 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. In furtherance of this policy, executive agencies must prohibit the smoking of tobacco products 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. In addition, effective [insert date 6 months after publication of FMR amendment on smoking, FMR Case 2008–102–3], smoking is prohibited in courtyards and within 25 feet of doorways and air intake ducts on outdoor space under the jurisdiction, custody or control of GSA. This date provides a six-month phase-in period E:\FR\FM\22DEN1.SGM 22DEN1 78361 Federal Register / Vol. 73, No. 246 / Monday, December 22, 2008 / Notices mstockstill on PROD1PC66 with NOTICES and is designed to establish a fixed but reasonable time for implementing this policy change. This phase-in period will provide agencies with time to comply with their obligations under the Federal Service Labor-Management Relations Act, as amended, 5 U.S.C. Ch. 71, LaborManagement Relations, in those circumstances where there is an exclusive union representative for the employees. b. The only exceptions to the general policy against smoking as described in EO 13058 and this bulletin are: (1) Residential accommodations for persons voluntarily or involuntarily residing, on a temporary or long-term basis, in a building owned, leased or rented by the Federal Government; (2) Portions of federally owned buildings leased, rented or otherwise provided in their entirety to non-federal parties; and (3) Places of employment in the private sector or in other non-Federal Governmental units that serve as the permanent or intermittent duty station of one or more federal employees. c. The exception in the Federal Management Regulation (FMR) for designated smoking areas, 41 CFR 102– 74.320(a), is being eliminated. Accordingly, all designated interior smoking areas will be closed [insert date 6 months after publication of FMR amendment on smoking, FMR Case 2008–102–3]. This date provides a sixmonth phase-in period and is designed to establish a fixed but reasonable time for implementing this policy change. This phase-in period will provide agencies with time to comply with their obligations under the Federal Service Labor-Management Relations Act, as amended, 5 U.S.C. Ch. 71, LaborManagement Relations, in those circumstances where there is an exclusive union representative for the employees. d. Executive 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 non-smokers from exposure to environmental tobacco smoke. Authority to establish such exceptions may not be delegated. e. The heads of executive agencies are encouraged to use existing authority to establish programs designed to help employees stop smoking. Cessation program materials for agencies interested in establishing a smoking cessation program for their employees are available from the Department of Health and Human Services, Centers for Disease Control and Prevention, Web site at http://www.cdc.gov/tobacco/ quit_smoking/index.htm. This Web site also identifies several How to Quit resources for individuals interested in smoking cessation. f. The heads of executive agencies are responsible for ensuring compliance with the requirements of this bulletin. [FR Doc. E8–30377 Filed 12–19–08; 8:45 am] BILLING CODE 6820–RH–P DEPARTMENT OF HEALTH AND HUMAN SERVICES [Document Identifier: OS–0990–0260] Agency Information Collection Request; 30-Day Public Comment Request Office of the Secretary. In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Secretary (OS), Department of Health and Human Services (HHS), is publishing the following summary of a proposed information collection request for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects: (1) The necessity and utility of the proposed information collection for the proper performance of the agency’s functions; (2) the accuracy of the estimated burden; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) the use of automated collection techniques or other forms of information technology to minimize the information collection burden. To obtain copies of the supporting statement and any related forms for the proposed paperwork collections referenced above, e-mail your request, including your address, phone number, OMB number, and OS document identifier, to Sherette.funncoleman@hhs.gov, or call the Reports Clearance Office on (202) AGENCY: 690–5683. Written comments and recommendations for the proposed information collections must be directed to the OS Paperwork Clearance Officer at the above e-mail address within 30 days. Proposed Project: Protection of Human Subjects: Assurance of Compliance with Federal Policy/IRB Review/IRB Recordkeeping/Informed Consent/Consent Documentation—OMB No. 0990–0260—Office for Human Research Protections. Abstract: Section 491(a) of Public Law 99–158 states that the Secretary of HHS shall by regulation require that each entity applying for HHS support (e.g., a grant, contract, or cooperative agreement) to conduct research involving human subjects submit to HHS assurances satisfactory to the Secretary that it has established an institutional review board (IRB) to review the research in order to ensure protection of the rights and welfare of the human research subjects. IRBs are boards, committees, or groups formally designated by an entity to review, approve, and have continuing oversight of research involving human subjects. Pursuant to the requirement of the Public Law 99–158, HHS promulgated regulations at 45 CFR part 46, subpart A, the basic HHS Policy for the Protection of Human Subjects. The June 18, 1991 adoption of the common Federal Policy (56 FR 28003) by 15 departments and agencies implements a recommendation of the President’s Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research which was established on November 9, 1974, by Pub. L. 95–622. The Common Rule is based on HHS regulations at 45 CFR part 46, subpart A, the basic HHS Policy for the Protection of Human Subjects. The respondents for this collection are institutions engaged in such research. Institutional adherence to the Common Rules also is required by other federal departments and agencies that have codified or follow the Common Rule which is identical to 45 CFR part 46, subpart A. The information being requested related to the Common Rule should be readily available to the institution or organization that registers the IRB. TOTAL ESTIMATED ANNUALIZED BURDEN—HOURS Number of respondents Title .103(b)(4), .109(d) IRB Actions, .116 and .117 Informed Consent ............... VerDate Aug<31>2005 19:07 Dec 19, 2008 Jkt 217001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 Number of responses per respondent 6,000 E:\FR\FM\22DEN1.SGM 39.33 22DEN1 Average burden per response (in hours) Total burden hours 1 235,980

Agencies

[Federal Register Volume 73, Number 246 (Monday, December 22, 2008)]
[Notices]
[Pages 78360-78361]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30377]


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GENERAL SERVICES ADMINISTRATION

[FMR Bulletin 2009-B1]


Protecting Federal Employees and the Public From Exposure to 
Tobacco Smoke in the Federal Workplace

AGENCY: General Services Administration.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This bulletin cancels and replaces GSA Bulletin FPMR D-245, 
Protecting Federal Employees and the Public From Exposure to Tobacco 
Smoke in the Federal Workplace, which was published in the Federal 
Register on October 20, 1997 (62 FR 54461). This bulletin announces and 
provides details of a recent amendment to Federal Management 
Regulation, Part 102-74, Facility Management, revising the restrictions 
on the smoking of tobacco products in leased or owned space under the 
jurisdiction, custody or control of the Administrator of General 
Services. The revisions to the smoking policy also serve as a best 
practices model for other federal agencies.

DATES: Effective Date: December 22, 2008.

FOR FURTHER INFORMATION CONTACT: For further clarification of content, 
contact Stanley C. Langfeld, Director, Regulations Management Division 
(MPR), General Services Administration, Washington, DC 20405; or 
stanley.langfeld@gsa.gov.

    Dated: December 11, 2008.
Gary Klein,
Associate Administrator, Office of Governmentwide Policy.

GENERAL SERVICES ADMINISTRATION

[GSA FMR Bulletin 2009-B1]

Public Buildings and Space

    TO: Heads of Executive Agencies.
    SUBJECT: Protecting Federal Employees and the Public From Exposure 
to Tobacco Smoke in the Federal Workplace.
    1. Purpose. This bulletin announces the policy concerning the 
protection of federal employees and the public from exposure to tobacco 
smoke in the federal workplace.
    2. Expiration Date. This bulletin contains information of a 
continuing nature and will remain in effect until canceled.
    3. Background.
    a. On August 9, 1997, President Clinton signed Executive Order (EO) 
13058, entitled ''Protecting Federal Employees and the Public From 
Exposure to Tobacco Smoke in the Federal Workplace,'' to establish a 
smoke-free environment for federal employees and members of the public 
visiting or using federal facilities (62 FR 43451, August 13, 1997).
    b. On October 20, 1997, the U.S. General Services Administration 
(GSA) issued GSA Bulletin FPMR D-245, ``Protecting Federal Employees 
and the Public from Exposure to Tobacco Smoke in the Federal 
Workplace'' (62 FR 54461). In accordance with the requirements of EO 
13058, GSA Bulletin FPMR D-245 prohibited the smoking of tobacco 
products in all interior space owned, rented or leased by the executive 
branch of the Federal Government, except in specially-equipped 
designated smoking areas, outdoor areas in front of air intake ducts 
and certain other residential and non-federal occupied space. The 
bulletin also required the heads of executive agencies to evaluate the 
need to restrict smoking in courtyards and near doorways.
    c. Studies conducted since the issuance of GSA Bulletin FPMR D-245 
have concluded that cigarette smoking is the number one preventable 
cause of morbidity and premature mortality worldwide. Studies also have 
shown that the harmful effects of smoking are not confined solely to 
the smoker, but extend to co-workers and members of the general public 
who are exposed to secondhand smoke as well. Recognition of these facts 
is evidenced by the stricter laws on smoking enacted by several states 
over the past ten years. Twenty-six states have banned smoking entirely 
in all of their state government buildings and 19 have banned smoking 
in all private work places.
    d. EO 13058 encourages the heads of executive agencies to evaluate 
the need to further restrict smoking at doorways and in courtyards 
under executive branch control and authorizes the agency heads to 
restrict smoking in these areas in light of this evaluation.
    e. The policy requirements announced by this bulletin are 
applicable to leased or owned space under the jurisdiction, custody or 
control of GSA. In addition, federally leased space located in a 
privately owned building is subject to state and local government 
smoking restrictions, if the restrictions are more stringent than the 
federal policy.
    f. The revisions to the previous smoking policy may affect 
conditions of employment for employees. Where there is an exclusive 
representative for the employees, executive branch agencies will be 
required to meet their collective bargaining obligations under the 
Federal Service Labor-Management Relations Act, as amended, 5 U.S.C. 
Ch. 71, Labor-Management Relations, before the revisions to the 
previous smoking policy can be implemented.
    4. Action.
    a. As ordered by EO 13058, 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. In furtherance of 
this policy, executive agencies must prohibit the smoking of tobacco 
products 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. In addition, 
effective [insert date 6 months after publication of FMR amendment on 
smoking, FMR Case 2008-102-3], smoking is prohibited in courtyards and 
within 25 feet of doorways and air intake ducts on outdoor space under 
the jurisdiction, custody or control of GSA. This date provides a six-
month phase-in period

[[Page 78361]]

and is designed to establish a fixed but reasonable time for 
implementing this policy change. This phase-in period will provide 
agencies with time to comply with their obligations under the Federal 
Service Labor-Management Relations Act, as amended, 5 U.S.C. Ch. 71, 
Labor-Management Relations, in those circumstances where there is an 
exclusive union representative for the employees.
    b. The only exceptions to the general policy against smoking as 
described in EO 13058 and this bulletin are:
    (1) Residential accommodations for persons voluntarily or 
involuntarily residing, on a temporary or long-term basis, in a 
building owned, leased or rented by the Federal Government;
    (2) Portions of federally owned buildings leased, rented or 
otherwise provided in their entirety to non-federal parties; and
    (3) Places of employment in the private sector or in other non-
Federal Governmental units that serve as the permanent or intermittent 
duty station of one or more federal employees.
    c. The exception in the Federal Management Regulation (FMR) for 
designated smoking areas, 41 CFR 102-74.320(a), is being eliminated. 
Accordingly, all designated interior smoking areas will be closed 
[insert date 6 months after publication of FMR amendment on smoking, 
FMR Case 2008-102-3]. This date provides a six-month phase-in period 
and is designed to establish a fixed but reasonable time for 
implementing this policy change. This phase-in period will provide 
agencies with time to comply with their obligations under the Federal 
Service Labor-Management Relations Act, as amended, 5 U.S.C. Ch. 71, 
Labor-Management Relations, in those circumstances where there is an 
exclusive union representative for the employees.
    d. Executive 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 non-smokers from 
exposure to environmental tobacco smoke. Authority to establish such 
exceptions may not be delegated.
    e. The heads of executive agencies are encouraged to use existing 
authority to establish programs designed to help employees stop 
smoking. Cessation program materials for agencies interested in 
establishing a smoking cessation program for their employees are 
available from the Department of Health and Human Services, Centers for 
Disease Control and Prevention, Web site at http://www.cdc.gov/tobacco/
quit_smoking/index.htm. This Web site also identifies several How to 
Quit resources for individuals interested in smoking cessation.
    f. The heads of executive agencies are responsible for ensuring 
compliance with the requirements of this bulletin.

 [FR Doc. E8-30377 Filed 12-19-08; 8:45 am]
BILLING CODE 6820-RH-P