54198 Federal Register / Vol. 71, No. 178 / Thursday, September 14, 2006 / Rules and Regulations 

withholding any portion of the 

information and show why the 

information is a trade secret or 

commercial or financial information 

that is privileged or confidential. 

Because CBP wished to continue its 

practice of not requiring business 

submitters of commercial information to 

designate such information as protected 

from disclosure, it published an interim 

rule in the Federal Register (68 FR 

47453) on August 11, 2003, as CBP 

Decision 03–02 that amended Part 103 

of the CBP regulations by adding a new 

§ 103.35 to subpart C. New § 103.35 

adopted Treasury’s established 

disclosure procedure that had been 

followed by Customs since 1987 to 

assure the trading community that the 

transfer of Customs from Treasury to 

DHS would not affect the treatment of 

commercial information that business 

submitters provide to CBP. 

The comment period for the interim 

regulations closed on October 10, 2003. 

No comments were received from the 

public in response to the interim rule, 

and CBP is now adopting the interim 

rule as a final rule without change. 

Signing Authority 

This final rule is being issued in 

accordance with 19 CFR 0.2(a) 

pertaining to the authority of the 

Secretary of the Department of 

Homeland Security, or his or her 

designee, to issue Customs regulations 

that are not related to customs revenue 

functions. 

Regulatory Flexibility Act and 

Executive Order 12866 

As discussed above, these regulations 

were published as an interim rule on 

August 11, 2003. Because no notice of 

proposed rulemaking was required, the 

provisions of the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.) do not apply. 

Further, this document does not meet 

the criteria for a ‘‘significant regulatory 

action’’ as specified in Executive Order 

12866. 

List of Subjects in 19 CFR Part 103 

Administrative practice and 

procedure, Confidential commercial 

information, Freedom of Information, 

Reporting and recordkeeping 

requirements. 

Amendments to the Regulations 

■ For the reasons set forth above, the 

interim rule amending part 103 of title 

19 of the Code of Federal Regulations 

(19 CFR part 103), which was published 

in the Federal Register at 68 FR 47453 

on August 11, 2003, is adopted as a final 

rule without change. 

Dated: September 8, 2006. 

Deborah J. Spero, 

Acting Commissioner, Customs and Border 

Protection. 

[FR Doc. E6–15225 Filed 9–13–06; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 1271 

[Docket No. 2006N–0051] 

Health Resources and Services 

Administration 

42 CFR Part 121 

Blood Vessels Recovered With Organs 

and Intended for Use in Organ 

Transplantation; Withdrawal 

AGENCIES: Food and Drug 

Administration, Health Resources and 

Services Administration, HHS. 

ACTION: Direct final rule; withdrawal. 

SUMMARY: The Health Resources and 

Services Administration (HRSA) and the 

Food and Drug Administration (FDA) 

published in the Federal Register of 

May 12, 2006 (71 FR 27606), a direct 

final rule to amend the regulations to 

consider as part of an organ those blood 

vessels recovered with the organ that are 

intended for use in organ 

transplantation; and to exclude such 

blood vessels from the definition of 

human cells, tissues, and cellular and 

tissue-based products. The comment 

period closed July 26, 2006. HRSA and 

FDA are withdrawing the direct final 

rule because FDA received significant 

adverse comment. The agencies will 

consider the comments received under 

our usual procedures for notice and 

comment in connection with the notice 

of proposed rulemaking that was 

published as a companion to the direct 

final rule (71 FR 27649). 

DATES: The direct final rule published 

on May 12, 2006 (71 FR 27606), is 

withdrawn effective September 14, 

2006. 

FOR FURTHER INFORMATION CONTACT: 

For information regarding FDA’s rule: 

Pamela Pope, Center for Biologics 

Evaluation and Research (HFM–17), 

Food and Drug Administration, 

1401 Rockville Pike, suite 200N, 

Rockville, MD 20852–1448, 301–

827–6210. 

For information regarding HRSA’s 

rule: Jim Burdick, Division of 

Transplantation, Healthcare 

Systems Bureau, Health Resources 

and Services Administration, 5600 

Fishers Lane, room 12C–06, 

Rockville, MD 20857, 301–443–

7577. 

SUPPLEMENTARY INFORMATION: HRSA and 

FDA published a direct final rule in the 

Federal Register of May 12, 2006 (71 FR 

27606), to amend the regulations to 

consider as part of an organ those blood 

vessels recovered with the organ that are 

intended for use in organ 

transplantation (HRSA regulation); and 

to exclude such blood vessels from the 

definition of human cells, tissues, and 

cellular and tissue-based products (FDA 

regulation). 

HRSA and FDA received significant 

adverse comment in response to the 

direct final rule. Therefore, the direct 

final rule is being withdrawn. HRSA 

and FDA intend to finalize the proposed 

rule after considering comments. 

Authority: Therefore, under the 

Public Health Service Act and under 

authority delegated to the Commissioner 

of Food and Drugs and to the 

Administrator, Health Resources and 

Services Administration, the direct final 

rule published on May 12, 2006 (71 FR 

27606), is withdrawn. 

Dated: September 6, 2006. 

Jeffrey Shuren, 

Assistant Commissioner for Policy. 

[FR Doc. 06–7644 Filed 9–13–06; 8:45 am] 

BILLING CODE 4160–01–S 

POSTAL SERVICE 

39 CFR Parts 111 and 958 

Post Office Box and Caller Service 

AGENCY: Postal Service. 

ACTION: Final rule. 

SUMMARY: This final rule transfers 

responsibility for final agency decisions 

in connection with Post OfficeTM box 

termination, caller service termination, 

and denial of service appeals from the 

Judicial Officer Department to the vice 

president and Consumer Advocate. 

DATES: Effective Date: September 1, 

2006. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Anthony F. Alverno, Chief Counsel, 

Customer Programs, 202–268–2997. 

SUPPLEMENTARY INFORMATION: At 

present, if a postmaster denies a 

customer’s application for Post Office 

box or caller service or terminates a 

customer’s Post Office box or caller 

service, the postmaster must issue a 

written letter explaining his or her 

decision and include a copy of the 


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