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DOJ/BOP

RIN: 1120-AB42

Publication ID: Fall 2008

Title: Smoking/No Smoking Areas
Abstract: In this document, the Bureau of Prisons (Bureau) proposes to revise regulations pertaining to smoking/no smoking for inmates in Bureau facilities. The revised regulations indicate that smoking is generally prohibited in and on the grounds of Bureau institutions and offices, with the following two exceptions: Smoking is permitted as part of an authorized inmate religious activity; and, for all persons who wish to enter, or are present inside, Bureau facilities, other than inmates in Bureau custody, smoking is permitted only in smoking areas designated by the Warden. This rule also clarifies that possession of smoking apparatus and tobacco in any form is prohibited for inmates, unless as part of an authorized inmate religious activity. Smoking is defined as inhaling the smoke of any substance through the use of smoking apparatus including, but not limited to, cigars, cigarettes, or pipes. We intend this amendment to promote a clean air environment and to protect the health and safety of staff and inmates.
Agency: Department of Justice(DOJ)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 28 CFR 551
Legal Authority: 5 USC 301 18 USC 1512, 3621, 3622, 3624, 4001, 4005, 4042, 4081, 4082 (Repealed in part as to offenses committed on or after November 1, 1987) 18 USC 4161 to 4166 (Repealed as to offenses committed on or after November 1, 1987) 28 USC 509 and 510 PL 99-500, sec 209

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	05/12/2006	71 FR 27652
NPRM Comment Period End	07/11/2006	71 FR 27652
Final Action	04/00/2009

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: Sarah N. Qureshi Rules Administrator Department of Justice Bureau of Prisons HOLC Building, 320 First Street NW, Washington, DC 20534 Phone:202 353-8248 Fax:202 305-4577 Email: squreshi@bop.gov