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Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Rules and Regulations that there is good cause to dispense with the CRA effective date requirement. The agency believes that delaying the effective date of this final rule would be contrary to the public interest.
Regulatory Flexibility Act RFA
The Regulatory Flexibility Act RFA
generally requires that when an agency issues a proposed rule, or a final rule pursuant to section 553b of the APA or another law, the agency must prepare a regulatory flexibility analysis that meets the requirements of the RFA and publish such analysis in the Federal Register. 5 U.S.C. 603, 604. Rules that are exempt from notice and comment are also exempt from the RFA
requirements, including conducting a regulatory flexibility analysis, when among other things the agency for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest. SBA Office of Advocacy guide:
How to Comply with the Regulatory Flexibility Act, Ch. 1. p. 9. Since this rule finalizes an interim final rule that was exempt from notice and comment and did not require an initial regulatory flexibility analysis, SBA is likewise not required to conduct a regulatory flexibility analysis.
List of Subjects in 13 CFR Part 134
Administrative practice and procedure, Claims, Equal access to justice, Lawyers, Organization and function Government agencies.
For the reasons stated in the preamble, the Small Business Administration interim rule amending 13 CFR part 134, which was published at 85 FR 52883 on August 27, 2020, is adopted as final with the following changes:
PART 134RULES OF PROCEDURE
GOVERNING CASES BEFORE THE
OFFICE OF HEARINGS AND APPEALS
1. The authority citation for part 134
is revised to read as follows:

Authority: 5 U.S.C. 504; 15 U.S.C. 632, 634b6, 634i, 637a, 648l, 656i, 657t and 687c; 38 U.S.C. 8127f; E.O. 12549, 51
FR 6370, 3 CFR, 1986 Comp., p. 189.
Subpart J issued under 38 U.S.C.
8127f8B.
Subpart K issued under 38 U.S.C.
8127f8A.
Subpart L issued under 15 U.S.C.
636a36; 15 U.S.C. 636a37; 15 U.S.C.
636m.

2. Subpart L is revised to read as follows:

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Subpart LBorrower Appeals of Final SBA Loan Review Decisions Sec.
134.1201 Scope of the rules in this subpart.
134.1202 Commencement of appeals of final SBA loan review decisions.
134.1203 Standing.
134.1204 The appeal petition.
134.1205 Dismissal.
134.1206 Notice and Order.
134.1207 The administrative record.
134.1208 Response to an appeal petition.
134.1209 Evidence beyond the record, discovery, and oral hearings.
134.1210 Standard of review.
134.1211 Decision on appeal.
134.1212 Effects of the decision.
134.1213 Equal Access to Justice Act.
134.1214 Confidential information.
134.1201
subpart.

Scope of the rules in this
a The rules of practice in this subpart apply to appeals to OHA from certain final SBA loan review decisions under the Paycheck Protection Program PPP as described in paragraph b of this section, and to any other PPP matter referred to OHA by the Administrator of SBA. The PPP was established as a temporary program under section 1102
of the Coronavirus Aid, Relief, and Economic Security Act CARES Act Pub. L. 116136, as amended. PPP
loans include first draw PPP loans made under Section 7a36 of the Small Business Act and second draw PPP
loans made under Section 7a37 of the Small Business Act.
b A final SBA loan review decision that is appealable under this subpart is an official written decision by SBA, after SBA completes a review of a PPP
loan, that finds a borrower:
1 Was ineligible for a PPP loan;
2 Was ineligible for the PPP loan amount received or used the PPP loan proceeds for unauthorized uses;
3 Is ineligible for PPP loan forgiveness in the amount determined by the lender in its full approval or partial approval decision issued to SBA;
and/or 4 Is ineligible for PPP loan forgiveness in any amount when the lender has issued a full denial decision to SBA.
c A borrower cannot directly file an appeal of a decision made by a lender concerning a PPP loan with OHA.
d An appeal to OHA is an administrative remedy that must be exhausted before judicial review of a final SBA loan review decision may be sought in a Federal district court.
e Any determination by SBAs Office of Inspector General concerning a PPP
loan is not appealable to OHA.
f This subpart does not create any right to appeal any SBA decision on any
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7a loans see part 120 of this chapter other than PPP loans.
g The Rules of Practice for Appeals From Size Determinations and NAICS
Code Designations in subpart C of this part do not apply to appeals of final SBA loan review decisions or to the PPP.
h In addition to the provisions in subpart B of this part specifically referenced in this subpart, the following regulations from subpart B of this part also apply to this subpart: 134.207
Amendments and supplemental pleadings; 134.208 Representation in cases before OHA; 134.209
Requirement of signature; 134.211
Motions; 134.212 Summary judgment; 134.217 Settlement;
134.218 Judges; 134.219 Sanctions;
and 134.220 Prohibition on ex parte communications. Other provisions from subpart B of this part that are not specifically referenced in this subpart do not apply to this subpart.
134.1202 Commencement of appeals of final SBA loan review decisions.

a An appeal petition must be filed with OHA within 30 calendar days after the appellants receipt of the final SBA
loan review decision. To file and manage an appeal of a final SBA loan review decision with OHA, refer to the OHA Case Portal at https
appeals.sba.gov. An appellant is required to use the OHA Case Portal to file and manage their appeal.
b Appellant must provide their lender with a copy of the timely appeal petition upon filing in order for the lender to extend the deferment period of the PPP loan until a final decision is issued under 134.1211.
c1 Do not count the day the time period begins, but do count the last day of the time period.
2 If the last day is Saturday, Sunday, or a Federal holiday, the time period ends on the next business day.
Example: On a Thursday, a borrower receives a final SBA loan review decision. The time period begins on Thursday, so the first day to count is Friday. Because the 30th calendar day after receipt of the decision is a Saturday, the appeal deadline extends to the next business day, which is Monday.
3i A Judge may modify any time period or deadline, except:
A The time period governing commencement of a case i.e., when the appeal petition may be filed; and B A time period established by statute.
ii A party may move for an extension of time pursuant to 134.211.
d A timely appeal by a PPP borrower of a final SBA loan review decision
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