15688 Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Rules and Regulations 

have a substantial direct effect on States 

or tribal governments, on the 

relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000) do not apply 

to this action. In addition, this action 

does not impose any enforceable duty or 

contain any unfunded mandate as 

described under Title II of the Unfunded 

Mandates Reform Act (UMRA) (2 U.S.C. 

1501 et seq.). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act 

(NTTAA) (15 U.S.C. 272 note). 

XI. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: March 16, 2015. 

Susan Lewis, 

Director, Registration Division, Office of 

Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.960, add alphabetically the 

following polymer to the table to read as 

follows: 

§ 180.960 Polymers; exemptions from the 

requirement of a tolerance. 

* * * * * 

Polymer CAS No. 

*******

2-Propenoic acid, 2-methyl-, 2-methylpropyl ester, homopolymer, minimum number average molecular weight (in amu), 55,000 9011–15–8 

*******

[FR Doc. 2015–06690 Filed 3–24–15; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 1 and 64 

[CG Docket No. 02–278; FCC 14–32] 

Cargo Airlines Association Petition for 

Expedited Declaratory Ruling 

AGENCY: Federal Communications 

Commission. 

ACTION: Exemption. 

SUMMARY: In this document, the 

Commission grants a request to exempt 

package delivery notifications from the 

Telephone Consumer Protection Act’s 

(TCPA) restrictions on autodialed and 

prerecorded calls and messages to 

wireless telephone numbers, as long as 

consumers are not charged and may 

easily opt out of future messages if they 

wish, among other pro-consumer 

conditions. Congress gave the 

Commission the authority to exclude 

from this prohibition calls and texts that 

are not charged to the called party, 

subject to conditions necessary to 

protect the called party’s privacy rights. 

This action is necessary to allow 

wireless consumers to receive package 

delivery notifications that will be 

welcome both as a convenience and as 

a way to guard against package theft. 

DATES: Effective March 25, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Kristi Lemoine, Consumer Policy 

Division, Consumer and Governmental 

Affairs Bureau, at (202) 418–2467 

(voice), or email kristi.lemoine@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Order, 

document FCC 14–32, adopted March 

27, 2014 and released on March 27, 

2014, in CG Docket No. 02–278. An 

Erratum to document FCC 14–32, was 

released on May 12, 2014. The full text 

of these documents and copies of any 

subsequently filed documents in this 

matter will be available for public 

inspection and copying via ECFS, and 

during regular business hours at the 

FCC Reference Information Center, 

Portals II, 445 12th Street SW., Room 

CY–A257, Washington, DC 20554. 

Document FCC 14–32 can also be 

downloaded in Word or Portable 

Document Format (‘‘PDF’’) at http://

www.fcc.gov/document/cargo-airlinepetition-declaratory-ruling. To request 

materials in accessible formats for 

people with disabilities (Braille, large 

print, electronic files, audio format), 

send an email to fcc504@fcc.gov or call 

the Consumer and Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (TTY). 

Final Paperwork Reduction Act of 1995 

Analysis 

Document FCC 14–32 does not 

contain new or modified information 

collection requirements subject to the 

Paperwork Reduction Act (PRA) of 

1995, Public Law 104–13. In addition, 

therefore, it does not contain any new 

or modified information collection 

burden for small business concerns with 

fewer than 25 employees, pursuant to 

the Small Business Paperwork Relief 

Act of 2002, Public Law 107–198, see 44 

U.S.C. 3506(c)(4). 

Congressional Review Act 

The Commission will not send a copy 

of FCC 14–32 pursuant to the 

Congressional Review Act, see 5 U.S.C 

801(a)(1)(A), because the Commission 

adopted no rules therein. Rather than 

adopting rules, the Commission 

exercised its statutory authority to grant 

an exemption by Order. See 47 U.S.C. 

227(b)(2)(C). 

Synopsis 

The Commission grants the Cargo 

Airline Association’s request to exempt, 

from the TCPA’s restrictions, its 

proposed free-to-end-user package 

delivery notifications to consumers’ 

wireless phones, subject to certain 

conditions. The TCPA prohibits making, 

without the prior express consent of the 

called party, any non-emergency call 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Rules and Regulations 15689 

using an automatic telephone dialing 

system or an artificial or prerecorded 

voice to, among other recipients, any 

wireless telephone number. 

Specifically, the Commission adopts the 

following conditions applicable to each 

delivery notification (voice call or text 

message) made utilizing the exemption 

the Commission grants: 

(1) A notification must be sent, if at 

all, only to the telephone number for the 

package recipient; 

(2) notifications must identify the 

name of the delivery company and 

include contact information for the 

delivery company; 

(3) notifications must not include any 

telemarketing, solicitation, or 

advertising content; 

(4) voice call and text message 

notifications must be concise, generally 

one minute or less in length for voice 

calls and one message of 160 characters 

or less in length for text messages; 

(5) delivery companies shall send 

only one notification (whether by voice 

call or text message) per package, except 

that one additional notification may be 

sent to a consumer for each of the 

following two attempts to obtain the 

recipient’s signature when the signatory 

was not available to sign for the package 

on the previous delivery attempt; 

(6) delivery companies relying on this 

exemption must offer parties the ability 

to opt out of receiving future delivery 

notification calls and messages and 

must honor the opt-out requests within 

a reasonable time from the date such 

request is made, not to exceed thirty 

days; and, 

(7) each notification must include 

information on how to opt out of future 

delivery notifications; voice call 

notifications that could be answered by 

a live person must include an 

automated, interactive voice- and/or key 

press-activated opt-out mechanism that 

enables the called person to make an 

opt-out request prior to terminating the 

call; voice call notifications that could 

be answered by an answering machine 

or voice mail service must include a 

toll-free number that the consumer can 

call to opt out of future package delivery 

notifications; text notifications must 

include the ability for the recipient to 

opt out by replying ‘‘STOP.’’ 

The Commission’s grant of the 

requested exemption, to the extent 

indicated herein, is limited to package 

delivery notifications to consumers’ 

wireless phones either by voice or text 

and only applies so long as those calls 

are not charged to the consumer 

recipient, including not being counted 

against the consumer’s plan limits on 

minutes or texts, and must comply with 

the conditions the Commission adopts. 

In addition to the limited context within 

which package delivery companies will 

be making autodialed or prerecorded 

package delivery notification calls to 

consumers’ wireless numbers, the 

conditions adopted herein to protect 

consumers’ privacy interests are critical 

to the Commission’s exercise of the 

statutory authority to grant an 

exemption. Taken as a whole, the 

Commission finds that these conditions 

simultaneously fulfill the statutory 

obligation to protect consumers’ privacy 

interest in avoiding unwanted calls 

while allowing package delivery 

companies a reasonable time in which 

to implement opt-out elections. The 

Commission clarifies that, as required 

by the statute, except in an emergency 

or with the prior express consent of the 

consumer, any party who sends an 

autodialed or prerecorded package 

delivery notification to a wireless 

number that is not in full conformance 

with the requirements the Commission 

adopts today may not take advantage of 

this exemption and risks violating the 

TCPA. 

Ordering Clause 

Pursuant to sections 4(i), 4(j), and 227 

of the Communications Act of 1934, as 

amended, 47 U.S.C. 154(i), 154(j), 227, 

and §§ 1.2 and 64.1200 of the 

Commission’s rules, 47 CFR 1.2, 

64.1200, that the Petition for Expedited 

Declaratory Ruling filed by Cargo 

Airline Association on August 17, 2012 

is granted in part and is otherwise 

dismissed to the extent indicated herein. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2015–06709 Filed 3–24–15; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 21 

[Docket No. FWS–R9–MB–2011–0100; 

FF09M29000–145–FXMB12320900000] 

RIN 1018–AX92 

Migratory Bird Permits; Removal of 

Regulations Concerning Certain 

Depredation Orders 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We are removing two 

regulations that set forth certain 

depredation orders for migratory birds. 

There have been no requests for 

authorization of a depredation order 

under one regulation we are removing, 

and no reports of activities undertaken 

under the other in the last 10 years. 

Control of depredating birds may be 

undertaken under depredation permits 

in accordance with the regulations 

already set forth. 

DATES: This rule is effective April 24, 

2015. 

FOR FURTHER INFORMATION CONTACT: 

George Allen, at 703–358–1825. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 4, 2013, we published 

a proposed rule (78 FR 65953) to remove 

50 CFR 21.42, 21.45, and 21.46. These 

regulations concern depredating 

migratory birds. 

Specifically, 50 CFR 21.42 governs 

control of depredating migratory game 

birds in the United States; under this 

section of the regulations, the Director 

of the U.S. Fish and Wildlife Service is 

authorized to issue, by publication in 

the Federal Register, a depredation 

order to permit the taking of migratory 

game birds under certain conditions if 

the Director receives evidence clearly 

showing that the migratory game birds 

have accumulated in such numbers in a 

particular area as to cause or about to 

cause serious damage to agricultural, 

horticultural, and fish cultural interests. 

Under 50 CFR 21.45, landowners, 

sharecroppers, tenants, or their 

employees or agents actually engaged in 

the production of rice in Louisiana, 

may, without a permit and in 

accordance with certain conditions, take 

purple gallinules (Ionornis martinica) 

when found committing or about to 

commit serious depredations to growing 

rice crops on the premises owned or 

occupied by those persons. 

Under 50 CFR 21.46, landowners, 

sharecroppers, tenants, or their 

employees or agents actually engaged in 

the production of nut crops in 

Washington and Oregon may, without a 

permit and in accordance with certain 

conditions, take scrub jays (Aphelocoma 

coerulescens) and Steller’s jays 

(Cyanocitta stelleri) when found 

committing or about to commit serious 

depredations to nut crops on the 

premises owned or occupied by such 

persons. 

This Rule 

In response to our November 4, 2013, 

proposed rule (78 FR 65953), we 

received no comments on our proposal 

to remove 50 CFR 21.42 or 21.45, but we 

did receive comments about our 

proposal to remove 50 CFR 21.46. In 

this final rule, we are removing only 50 


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