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Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Rules and Regulations b Neither discovery nor oral hearings will be permitted in appeals from final SBA loan review decisions.
c All appeals under this subpart will be decided solely on a review of the administrative record, the appeal petition, any response, any reply or supplemental pleading, and filings related to objection to the administrative record.
134.1210

Standard of review.

The standard of review is whether the final SBA loan review decision was based on clear error of fact or law. The appellant has the burden of proof.
134.1211

Decision on appeal.

a Time limits and contents. The Judge will issue his or her decision within 45 calendar days after the close of record, as practicable. The decision will contain findings of fact and conclusions of law, the reasons for such findings and conclusions, and any relief ordered. The decision will be served upon appellant and SBA utilizing the OHA Case Portal.
b Initial decision. The Judges decision on the appeal is an initial decision. However, unless a request for reconsideration is filed pursuant to paragraph c of this section or the SBA
Administrator, solely within the Administrators discretion, decides to review or reverse the initial decision pursuant to paragraph d of this section, an initial decision shall become the final decision of SBA 30 calendar days after its service. The discretionary authority of the Administrator does not create any additional rights of appeal on the part of an appellant not otherwise specified in SBA regulations in this chapter. Any decision pursuant to this subpart applies only to the PPP and does not apply to SBAs 7a Loan Program generally or to any interpretation or application of the regulations in part 120 or 121 of this chapter.
c Reconsideration. An initial decision of the Judge may be reconsidered. If a request for reconsideration is filed and the SBA
Administrator does not exercise discretion to review or reverse the initial decision under paragraph d of this section, OHA will decide the request for reconsideration and OHAs decision on the request for reconsideration is a reconsidered initial OHA decision.
1 Either SBA or appellant may request reconsideration by filing with the Judge and serving a petition for reconsideration within 10 calendar days after service of the Judges decision. The request for reconsideration must clearly
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show an error of fact or law material to the decision. SBA does not have to have filed a response to the borrowers appeal petition to request reconsideration of the initial decision of the Judge.
2 The Judge may also reconsider a decision on his or her own initiative within 20 calendar days after service of the Judges decision.
3 A reconsidered initial OHA
decision becomes the final decision of SBA 30 calendar days after its service unless the SBA Administrator, solely within the Administrators discretion, decides to review or reverse the reconsidered initial OHA decision under paragraph d of this section. The discretionary authority of the Administrator does not create any additional rights of appeal on the part of an appellant not otherwise specified in SBA regulations in this chapter.
d Administrator review. Within 30
calendar days after the service of an initial OHA decision or a reconsidered initial OHA decision of a Judge, the SBA
Administrator, solely within the Administrators discretion, may elect to review and/or reverse an initial OHA
decision or a reconsidered initial OHA
decision. In the event that the Administrator elects to review and/or reverse an initial OHA decision and a timely request for reconsideration of a Judges initial decision is also filed by an appellant pursuant to paragraph c of this section, the Administrator will consider such request for reconsideration. The Administrators decision will become the final decision of the SBA upon issuance.
e Precedent. Neither initial nor final decisions rendered by OHA under this subpart are precedential.
f Publication. Final decisions are normally published without redactions on OHAs website. PPP decisions will likely contain confidential business and financial information and/or personally identifiable information. Therefore, OHA, within its full discretion, may publish final decisions issued under this section with any necessary redactions.
g Appeal to Federal district court.
Final decisions may be appealed to the appropriate Federal district court only.
134.1212

Effects of the decision.

OHA may affirm, reverse, or remand a final SBA loan review decision. If remanded, OHA no longer has jurisdiction over the matter unless a new appeal is filed as a result of a new final SBA loan review decision.
134.1213

Equal Access to Justice Act.

A prevailing appellant is not entitled to recover attorneys fees. Appeals to
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OHA from final SBA loan review decisions under the PPP are not proceedings that are required to be conducted by an Administrative Law Judge under 134.603.
134.1214

Confidential information.

If a filing or other submission made pursuant to an appeal in this subpart contains confidential business and financial information; personally identifiable information; source selection sensitive information; income tax returns; documents and information covered under 120.1060 of this chapter; or any other exempt information, that information is not available to the public pursuant to the Freedom of Information Act FOIA, 5
U.S.C. 552.
Isabella Casillas Guzman, Administrator.
FR Doc. 202119985 Filed 91421; 11:15 am BILLING CODE 802603P

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration 14 CFR Part 39
Docket No. FAA20210701; Project Identifier MCAI202100365T; Amendment 3921704; AD 20211803
RIN 2120AA64

Airworthiness Directives; Yabora Industria Aeronautica S.A. Type Certificate Previously Held by Embraer S.A. Airplanes Federal Aviation Administration FAA, DOT.
ACTION: Final rule; request for comments.
AGENCY:

The FAA is superseding Airworthiness Directive AD 202026
02, which applied to certain Yabora Industria Aeronautica S.A. type certificate previously held by Embraer S.A. Model ERJ 190400 airplanes. AD
20202602 required amending the existing airplane flight manual AFM to incorporate a new limitation and revise certain normal procedures. This AD
retains those requirements and also requires upgrading the electronic engine control EEC software, as specified in an Agencia Nacional de Aviacao Civil ANAC AD, which is incorporated by reference. This AD was prompted by a report of an in-flight shutdown IFSD
due in part to failure in the low-pressure compressor LPC rotor 1 during operation in high altitude at high thrust settings, and by the development of updated EEC software, which would SUMMARY:

E:FRFM16SER1.SGM

16SER1