Federal Acquisition Regulation: Minimizing the Risk of Climate Change in Federal Acquisitions, 57404-57406 [2021-22266]

Download as PDF 57404 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 VerDate Sep<11>2014 16:22 Oct 14, 2021 Jkt 256001 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 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 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 carrieroriginated 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 Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Advance notice of proposed rulemaking. AGENCY: E:\FR\FM\15OCP1.SGM 15OCP1 Federal Register / Vol. 86, No. 197 / Friday, October 15, 2021 / Proposed Rules 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: SUMMARY: 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, VerDate Sep<11>2014 16:22 Oct 14, 2021 Jkt 256001 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 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 57405 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 ClimateRelated 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 climaterelated financial risk and to set sciencebased 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? E:\FR\FM\15OCP1.SGM 15OCP1 57406 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, womenowned small businesses, servicedisabled 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] BILLING CODE 6820–EP–P VerDate Sep<11>2014 16:22 Oct 14, 2021 Jkt 256001 PO 00000 Frm 00029 Fmt 4702 Sfmt 9990 E:\FR\FM\15OCP1.SGM 15OCP1

Agencies

[Federal Register Volume 86, Number 197 (Friday, October 15, 2021)]
[Proposed Rules]
[Pages 57404-57406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22266]


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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.

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

[[Page 57405]]

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 [email protected], for 
clarification of content. For information pertaining to status or 
publication schedules, contact the Regulatory Secretariat Division at 
202-501-4755 or [email protected]. 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/TechnicalSupportDocument_SocialCostofCarbonMethaneNitrousOxide.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?

[[Page 57406]]

    (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]
BILLING CODE 6820-EP-P

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