Federal Acquisition Regulation: Minimizing the Risk of Climate Change in Federal Acquisitions
| Published date | 15 October 2021 |
| Citation | 86 FR 57404 |
| Record Number | 2021-22266 |
| Section | Proposed rules |
| Court | General Services Administration,National Aeronautics And Space Administration |
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Federal Register / Vol. 86, No. 197 / Friday, October 15, 2021 / Proposed Rules
has been received for the customer’s
account before executing a simple
wireless-to-wireless port request. A
wireless provider shall provide this
notification to the end-user customer via
text message to the telephone number of
record for the customer’s account or via
push notification.
(e) Account freezes. A wireless
provider, including a reseller of wireless
service, shall offer customers the option
to lock their accounts to prohibit
unauthorized port requests. If the
customer chooses to lock the customer’s
account, the wireless provider shall not
fulfill a simple wireless-to-wireless port
order request until the customer
deactivates the lock on the account.
PART 64—MISCELLANEOUS RULES
RELATING TO COMMON CARRIERS
■3. The authority citation for part 64
continues to read as follows:
Authority: 47 U.S.C. 151, 152, 154, 201,
202, 217, 218, 220, 222, 225, 226, 227, 227b,
228, 251(a), 251(e), 254(k), 262, 276,
403(b)(2)(B), (c), 616, 620, 1401–1473, unless
otherwise noted; Pub. L. 115–141, Div. P, sec.
503, 132 Stat. 348, 1091.
■4. Amend § 64.2010 by:
■a. Revising paragraphs (b) and (c),
■b. Redesignating paragraphs (e)
through (g) as paragraphs (g) through (i),
■c. Revising newly redesignated
paragraphs (g) and (h), and
■d. Adding new paragraphs (e) and (f).
The revisions and addition read as
follows:
§ 64.2010 Safeguards on the disclosure of
customer proprietary network information.
* * * * *
(b) Telephone access to CPNI.
Telecommunications carriers may only
disclose call detail information over the
telephone, based on customer-initiated
telephone contact, if the customer first
provides the carrier with a password, as
described in paragraph (g) of this
section, that is not prompted by the
carrier asking for readily available
biographical information or account
information. If the customer does not
provide a password, the
telecommunications carrier may only
disclose call detail information by
sending it to the customer’s address of
record, or by calling the customer at the
telephone number of record. If the
customer is able to provide call detail
information to the telecommunications
carrier during a customer-initiated call
without the telecommunications
carrier’s assistance, then the
telecommunications carrier is permitted
to discuss the call detail information
provided by the customer.
(c) Online access to CPNI. A
telecommunications carrier must
authenticate a customer without the use
of readily available biographical
information, account information,
recent payment information, or call
detail information, prior to allowing the
customer online access to CPNI related
to a telecommunications service
account. Once authenticated, the
customer may only obtain online access
to CPNI related to a telecommunications
service account through a password, as
described in paragraph (g) of this
section, that is not prompted by the
carrier asking for readily available
biographical information, account
information, recent payment
information, or call detail information.
* * * * *
(e) Subscriber Identity Module (SIM)
changes. Telecommunications carriers
shall not effectuate a SIM change unless
the carrier uses a secure method of
authenticating its customer. For
purposes of this paragraph, the
following shall be considered secure
methods of authenticating a customer:
(1) Use of a pre-established password;
(2) a one-time passcode sent via text
message to the account phone number
or a pre-registered backup number; (3) a
one-time passcode sent via email to the
email address associated with the
account; or (4) a one-time passcode sent
using a voice call to the account phone
number or a pre-registered backup
number. These methods shall not be
considered exhaustive and an
alternative customer authentication
measure used by a carrier must be a
secure method of authentication. For
purposes of this section, SIM means a
physical or virtual card contained with
a device that stores unique information
that can be identified to a specific
mobile network.
(f) Procedures for failed
authentication for SIM changes.
Wireless carriers shall develop,
maintain, and implement procedures for
responding to multiple failed
authentication attempts.
(g) Establishment of a password and
back-up authentication methods for lost
or forgotten passwords. To establish a
password, a telecommunications carrier
must authenticate the customer without
the use of readily available biographical
information, account information,
recent payment information, or call
detail information. Telecommunications
carriers may create a back-up customer
authentication method in the event of a
lost or forgotten password, but such
back-up customer authentication
method may not prompt the customer
for readily available biographical
information, account information,
recent payment information, or call
detail information. If a customer cannot
provide the correct password or the
correct response for the back-up
customer authentication method, the
customer must establish a new
password as described in this
paragraph.
(h) Notification of account changes.
Telecommunications carriers must
notify customers immediately whenever
a password, customer response to a
back-up means of authentication for lost
or forgotten passwords, online account,
or address of record is created or
changed. This notification is not
required when the customer initiates
service, including the selection of a
password at service initiation. This
notification may be through a carrier-
originated voicemail or text message to
the telephone number of record, or by
mail to the address of record, and must
not reveal the changed information or be
sent to the new account information.
Telecommunications carriers shall
notify customers immediately of any
requests for SIM changes through means
that effectively alert customers in a
timely manner.
(i) Business customer exemption.
Telecommunications carriers may bind
themselves contractually to
authentication regimes other than those
described in this section for services
they provide to their business customers
that have both a dedicated account
representative and a contract that
specifically addresses the carriers’
protection of CPNI.
[FR Doc. 2021–22099 Filed 10–14–21; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Chapter 1
[FAR Case 2021–016, Docket No. FAR–
2021–016, Sequence No. 1]
RIN 9000–AO33
Federal Acquisition Regulation:
Minimizing the Risk of Climate Change
in Federal Acquisitions
AGENCY
: Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION
: Advance notice of proposed
rulemaking.
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SUMMARY
: The Federal Acquisition
Regulatory Council is considering
amending the Federal Acquisition
Regulation (FAR) to ensure that major
Federal agency procurements minimize
the risk of climate change. DoD, GSA,
and NASA are seeking public input on
a potential FAR amendment.
DATES
: Interested parties should submit
written comments to the Regulatory
Secretariat Division at the address
shown below on or before December 14,
2021 to be considered in the formation
of the proposed rule.
ADDRESSES
: Submit comments in
response to FAR Case 2021–016 to the
Federal eRulemaking portal at https://
www.regulations.gov by searching for
‘‘FAR Case 2021–016’’. Select the link
‘‘Comment Now’’ that corresponds with
‘‘FAR Case 2021–016’’. Follow the
instructions provided on the ‘‘Comment
Now’’ screen. Please include your name,
company name (if any), and ‘‘FAR Case
2021–016’’ on your attached document.
If your comment cannot be submitted
using https://www.regulations.gov, call
or email the points of contact in the
FOR
FURTHER INFORMATION CONTACT
section of
this document for alternate instructions.
Instructions: Please submit comments
only and cite ‘‘FAR Case 2021–016’’ in
all correspondence related to this case.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided. To confirm
receipt of your comment(s), please
check https://www.regulations.gov,
approximately two to three days after
submission to verify posting.
FOR FURTHER INFORMATION CONTACT
: Ms.
Jennifer Hawes, Procurement Analyst, at
202–969–7386 or by email at
jennifer.hawes@gsa.gov, for clarification
of content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat Division at
202–501–4755 or GSARegSec@gsa.gov.
Please cite FAR Case 2021–016.
SUPPLEMENTARY INFORMATION
:
I. Background
On May 20, 2021, President Biden
signed Executive Order (E.O.) 14030,
Climate-Related Financial Risk (May 25,
2021, 86 FR 27967). The E.O. recognizes
that the intensifying impacts of climate
change present a set of growing risks to
financial assets, companies,
communities, and workers. The Federal
Government itself is exposed to these
same risks. The failure to appropriately
and adequately account for these risks
threatens the financial and operational
effectiveness of the Federal Government
and its ability to meet the needs of its
citizens.
The E.O. states that the Federal
Government should lead by example by
appropriately prioritizing Federal
investments and conducting prudent
fiscal management. One critical lever is
ensuring that the Federal Government
manages climate-related financial risk
within its own procurement activity,
while also leveraging its scale as the
Nation’s largest spender to speed the
adoption of key assessment, disclosure,
and mitigation measures across the
private sector. To that end, section
5(b)(ii) of the E.O. directed the Federal
Acquisition Regulatory Council, in
consultation with the Chair of the
Council on Environmental Quality and
the heads of other agencies as
appropriate, to consider amending the
FAR to ensure that major Federal agency
procurements minimize the risk of
climate change, including requiring the
social cost of greenhouse gas emissions
to be considered in procurement
decisions and, where appropriate and
feasible, giving preference to bids and
proposals from suppliers with a lower
social cost of greenhouse gas emissions.
As stated in section 5(a) of E.O.
13990, Protecting Public Health and the
Environment and Restoring Science to
Tackle the Climate Crisis, the ‘‘social
cost’’ is an estimate of the monetized
damages associated with incremental
increases in greenhouse gas emissions
(January 25, 2021, 86 FR 7037). Interim
estimates on the social cost of carbon,
methane, and nitrous oxide under E.O.
13990 were published in February 2021
and are available at https://
www.whitehouse.gov/wp-content/
uploads/2021/02/TechnicalSupport
Document_SocialCostofCarbonMethane
NitrousOxide.pdf. Recommendations
from the Interagency Working Group on
the Social Cost of Greenhouse Gases
established under E.O. 13990 on
considering the social cost of carbon,
methane, and nitrous oxide in
procurement will also be considered in
development of a proposed rule under
this FAR case.
Current FAR coverage of greenhouse
gas emissions is primarily in subpart
23.8 and the associated clauses in part
52, with definitions at 2.101 and 23.001.
FAR Case 2021–015, Disclosure of
Greenhouse Gas Emissions and Climate-
Related Financial Risk, implements
section 5(b)(i) of the E.O.; that paragraph
requires consideration of a FAR
amendment to require major Federal
suppliers to publicly disclose
greenhouse gas emissions and climate-
related financial risk and to set science-
based reduction targets.
II. Request for Public Comment
DoD, GSA, and NASA welcome
general input from the public on a
potential amendment to the FAR to
accomplish the stated objectives.
Respondents are encouraged to offer
their feedback on the following
questions:
(a) How can greenhouse gas
emissions, including the social cost of
greenhouse gases, best be qualitatively
and quantitatively considered in Federal
procurement decisions, both domestic
and overseas? How might this vary
across different sectors?
(b) What are usable and respected
methodologies for measuring the
greenhouse gases emissions over the
lifecycle of the products procured or
leased, or of the services performed?
(c) How can procurement and
program officials of major Federal
agency procurements better incorporate
and mitigate climate-related financial
risk? How else might the Federal
Government consider and minimize
climate-related financial risks through
procurement decisions, both domestic
and overseas?
(d) How would (or how does) your
organization provide greenhouse gas
emission data for proposals and/or
contract performance?
(e) How might the Federal
Government best standardize
greenhouse gas emission reporting
methods? How might the Government
verify greenhouse gas emissions
reporting?
(f) How might the Federal
Government give preference to bids and
proposals from suppliers, both domestic
and overseas, to achieve reductions in
greenhouse gas emissions or reduce the
social cost of greenhouse gas emissions
most effectively?
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Federal Register / Vol. 86, No. 197 / Friday, October 15, 2021 / Proposed Rules
(g) How might the Government
consider commitments by suppliers to
reduce or mitigate greenhouse gas
emissions?
(h) What impact would consideration
of the social cost of greenhouse gases in
procurement decisions have on small
businesses, including small
disadvantaged businesses, women-
owned small businesses, service-
disabled veteran-owned small
businesses, and Historically
Underutilized Business Zone
(HUBZone) small businesses? How
should the FAR Council best align this
objective with efforts to ensure
opportunity for small businesses?
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
[FR Doc. 2021–22266 Filed 10–14–21; 8:45 am]
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