Protecting Federal Employees and the Public From Exposure to Tobacco Smoke in the Federal Workplace, 78360-78361 [E8-30377]
Download as PDF
<![CDATA[
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 https://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]
-----------------------------------------------------------------------
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 https://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
