Regulatory Reform Initiative: Rules of Procedure Governing Cases Before the Office of Hearings and Appeals, 63191-63193 [2020-19567]

Download as PDF Federal Register / Vol. 85, No. 195 / Wednesday, October 7, 2020 / Rules and Regulations of the United States. This action is a not ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) This final regulatory action will not impose any additional reporting or recordkeeping requirements under the Paperwork Reduction Act. List of Subjects in 5 CFR Part 302 Government employees. Office of Personnel Management. Alexys Stanley, Regulatory Affairs Analyst. Accordingly, OPM is amending 5 CFR part 302 as follows: PART 302—EMPLOYMENT IN THE EXCEPTED SERVICE 1. The authority citation for part 302 continues to read as follows: ■ Authority: 5 U.S.C. 1302, 3301, 3302, 3317, 3318, 3319, 3320, 8151, E.O. 10577 (3 CFR 1954–1958 Comp., p. 218); § 302.105 also issued under 5 U.S.C. 1104, Pub. L. 95–454, sec. 3(5); § 302.501 also issued under 5 U.S.C. 7701 et seq. 2. Amend § 302.101 by revising paragraph (c)(6) and adding paragraph (c)(11) to read as follows: ■ § 302.101 Positions covered by regulations. * * * * * (c) * * * (6) Positions included in Schedule A (see subpart C of part 213 of this chapter) for which OPM agrees with the agency that the positions should be included hereunder and states in writing that an agency is not required to fill positions according to the procedures in this part. * * * * * (11) Appointment of persons with intellectual disabilities, severe physical disabilities, or psychiatric disabilities to positions filled under 5 CFR 213.3102(u). ■ 3. Amend § 302.201 by revising paragraph (b) to read as follows: § 302.201 Persons entitled to veteran preference. * * * * * (b) When eligible candidates are referred without ranking, the agency shall note preference as ‘‘CP’’ for preference eligibles under 5 U.S.C. 2108(3)(C), as ‘‘XP’’ for preference eligibles under 5 U.S.C. 2108(3)(D) through (G), as ‘‘SSP’’ for preference eligibles under 5 U.S.C. 2108(3)(H) and as ‘‘TP’’ for all other preference eligibles under that title. VerDate Sep<11>2014 15:59 Oct 06, 2020 Jkt 250001 4. Amend § 302.303 by revising paragraph (d) to read as follows: ■ § 302.303 lists. Maintenance of employment * * * * * (d) Order of entry. An agency shall enter the names of all applicants rated eligible under § 302.302 on the appropriate list (priority reemployment, reemployment, or regular employment) in the following order: (1) When candidates have been rated only for basic eligibility under § 302.302(a). (i) Preference eligibles having a compensable, serviceconnected disability of 10 percent or more (designated as ‘‘CP’’) unless the list will be used to fill professional positions at the GS–9 level or above, or equivalent; (ii) All other candidates eligible for 10-point veteran preference; (iii) All candidates eligible for 5-point veteran preference; (iv) All candidates eligible for sole survivorship preference and (v) Qualified candidates not eligible for veteran preference. (2) When qualified candidates have been assigned numerical scores under § 302.302(b). (i) Preference eligibles having a compensable, serviceconnected disability of 10 percent or more, in the order of their augmented ratings, unless the list will be used to fill professional positions at the GS–9 level or above, or equivalent; (ii) All other qualified candidates in the order of their augmented ratings. At each score, qualified candidates eligible for 10-point preference will be entered first, followed, second, by 5-point preference eligibles, third, by sole survivorship preference eligibles, and last, by nonpreference eligibles. ■ 5. Amend § 302.304 by revising paragraph (b)(5) to read as follows: § 302.304 Order of consideration. * * * * * (b) * * * (5) Unranked order. When numerical scores are not assigned, the agency may consider applicants who have received eligible ratings for positions not covered by paragraph (b)(4) of this section in either of the following orders: (i) By preference status. Under this method, preference eligibles having a compensable service-connected disability of 10 percent or more are considered first, followed, second, by other 10-point preference eligibles, third, by 5-point preference eligibles, fourth by sole survivorship preference eligibles, and last, by nonpreference eligibles. Within each category, applicants from the reemployment list PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 63191 will be placed ahead of applicants from the regular employment list. (ii) By reemployment/regular list status. Under this method, all applicants on the reemployment list are considered before applicants on the regular employment list. On each list, preference eligibles having a compensable service-connected disability of 10 percent or more are considered first, followed, second, by other 10-point preference eligibles, third, by 5-point preference eligibles, fourth by sole survivorship preference eligibles, and last by nonpreference eligibles. ■ 6. Amend § 302.401 by revising paragraph (b) to read as follows: § 302.401 Selection and appointment. * * * * * (b) Passing over a preference applicant. When an agency, in making an appointment as provided in paragraph (a) of this section, passes over the name of a preference eligible, it shall follow the procedures in 5 U.S.C. 3318(c) and 3319(c) as described in the Delegated Examining Operations Handbook. An agency may discontinue consideration of the name of a preference eligible for a position as described in 5 U.S.C. 3318(c). * * * * * [FR Doc. 2020–19498 Filed 10–6–20; 8:45 am] BILLING CODE 6325–39–P SMALL BUSINESS ADMINISTRATION 13 CFR Part 134 RIN 3245–AH01 Regulatory Reform Initiative: Rules of Procedure Governing Cases Before the Office of Hearings and Appeals U.S. Small Business Administration. ACTION: Final rule. AGENCY: With this deregulatory action, the U.S. Small Business Administration (SBA) is revising regulations regarding rules of procedure governing cases before the Office of Hearings and Appeals (OHA) to remove an unnecessary regulatory provision and to clarify an existing rule of procedure. DATES: This rule is effective November 6, 2020. FOR FURTHER INFORMATION CONTACT: Delorice Price Ford, Assistant Administrator, Office of Hearings and Appeals, (202) 401–8200 or delorice.ford@sba.gov. SUPPLEMENTARY INFORMATION: SUMMARY: E:\FR\FM\07OCR1.SGM 07OCR1 63192 Federal Register / Vol. 85, No. 195 / Wednesday, October 7, 2020 / Rules and Regulations I. Background Information A. Part 134, Rules of Procedure Governing Cases Before the Office of Hearings and Appeals SBA is removing § 134.317 from its regulations because the procedure addressed in this regulation, the return of size appeal case files, is no longer necessary. Case files are now transmitted electronically to OHA from SBA’s Area Offices, which eliminates the need to return paper records by mail. SBA is also revising § 134.714 to clarify that the decision of a Judge regarding a status protest appeal from a Women-Owned Small Business (WOSB) or Economically Disadvantaged WomenOwned Small Business (EDWOSB) is SBA’s final agency decision and becomes effective upon issuance. SBA received one comment regarding reducing the amount of words in its regulations, which we have done in this regulation by removing one section of the OHA’s regulations. SBA will consider this comment when drafting future OHA rulemakings. II. Section by Section Analysis A. § 134.317 Return of the Case File SBA is removing § 134.317 of its regulations, which currently states that upon issuance of a decision, OHA will return the case file to the transmitting Area Office. When a size appeal is filed, SBA’s Area Office will often mail the original paper protest file to OHA for review. Pursuant to § 134.317, OHA will then send the original file back to the Area Office at the conclusion of the appeal process. For several years, however, OHA has transitioned many of its processes to electronic transmission and storage. OHA will now transition this part of the size appeal process to a completely electronic method. Therefore, neither the Area Offices nor OHA will need to mail the paper protest file back and forth. As such, this regulation is no longer necessary. B. § 134.714 When must the Judge issue his or her decision? SBA is adding language to § 134.714 of its regulations to clarify that decisions issued by OHA pursuant to WOSB or EDWOSB status protest appeals are considered final agency decisions. Currently, the rule is silent on the issue, which could lead to confusion since other size and status appeal regulations in part 134 clearly state that the OHA decision is a final agency decision. See § 134.316(d) (size appeals), § 134.409(a) (8(a) appeals), and § 134.515(a) (Service-Disabled VeteranOwned Small Business Concern status VerDate Sep<11>2014 15:59 Oct 06, 2020 Jkt 250001 protest appeals). SBA does not follow a different process for women-owned businesses. For example, OHA’s WOSB/ EDWOSB appeal decisions currently state that the decision is the final agency decision. As such, SBA believes that the proposed revision for § 134.714 will clarify that the Judge’s decision in a WOSB or EDWOSB status protest appeal is the final agency decision and that the decision becomes effective upon issuance. III. Compliance With Executive Orders 12866, 13771, 12988, and 13132, the Paperwork Reduction Act (44 U.S.C., Ch. 35), and the Regulatory Flexibility Act (5 U.S.C. 601–612) A. Executive Order 12866 The Office of Management and Budget (OMB) has determined that this rule does not constitute a significant regulatory action for purposes of Executive Order 12866 and is not a major rule under the Congressional Review Act, 5 U.S.C. 801, et seq. B. Executive Order 13771 This rule is expected to be an Executive order deregulatory action with an annualized net savings of $28,733 and a net present value of $410,478, both in 2016 dollars. This rule removes § 134.317, Return of the case file, because it is no longer necessary. Case files will now be transmitted electronically to OHA from the Area Office, eliminating the need to return paper records by mail. This rule will eliminate significant costs related to packing, labeling, and shipping case files from the transmitting Area Office and returning those files by mail. OHA receives and returns approximately 120 case files per fiscal year to the Area Offices, for a total of 240 shipments. Assuming it takes 45 minutes to prepare the shipment, printing, and mailing the files and that a GS–13 analyst performs this work at a wage of $112,393 plus 30 percent for benefits, or $146,111 ($73 hourly), this would save the government $13,140, annually. The cost of each shipment is approximately $70, which would save the government an additional $16,800 for a total savings of $29,940 per year, in current dollars. C. Executive Order 12988 This action meets applicable standards set forth in section 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. The action does not have retroactive or preemptive effect. PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 D. Executive Order 13132 This rule does not have federalism implications as defined in Executive Order 13132. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in the Executive order. As such, it does not warrant the preparation of a Federalism Assessment. E. Paperwork Reduction Act The SBA has determined that this final rule does not impose additional reporting or recordkeeping requirements under the Paperwork Reduction Act, 44 U.S.C. chapter 35. F. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) requires administrative agencies to consider the effect of their actions on small entities, small non-profit businesses, and small local governments. Pursuant to the RFA, when an agency issues a rule, the agency must prepare an analysis that describes whether the impact of the rule will have a significant economic impact on a substantial number of small entities. If not, the RFA permits agencies to certify to that effect. SBA believes that the removal of § 134.317 will only impact itself and that it will save SBA the costs associated with mailing paper files back and forth during the appeal process. SBA therefore certifies that this rule has ‘‘no significant impact upon a substantial number of small entities’’ within the meaning of the RFA. List of Subjects in 13 CFR Part 134 Administrative practice and procedure, Claims, Equal employment opportunity, Lawyers, Organizations and functions (Government agencies). Accordingly, for the reasons stated in the preamble, SBA amends 13 CFR part 134 as follows: PART 134—RULES OF PROCEDURE GOVERNING CASES BEFORE THE OFFICE OF HEARINGS AND APPEALS 1. The authority citation for part 134 continues to read as follows: ■ Authority: 5 U.S.C. 504; 15 U.S.C. 632, 634(b)(6), 634(i), 637(a), 648(l), 656(i), 657t and 687(c); 38 U.S.C. 8127(f); E.O. 12549, 51 FR 6370, 3 CFR, 1986 Comp., p. 189. Subpart J issued under 38 U.S.C. 8127(f)(8)(B). Subpart K issued under 38 U.S.C. 8127(f)(8)(A). Subpart L issued under 15 U.S.C. 636(a)(36); Pub. L. 116–136; Pub. L. 116–139; 116–142; 116–147. E:\FR\FM\07OCR1.SGM 07OCR1 Federal Register / Vol. 85, No. 195 / Wednesday, October 7, 2020 / Rules and Regulations § 134.317 [Removed and reserved] 2. Remove and reserve § 134.317. ■ 3. Amend § 134.714 by adding a sentence to the end of the section to read as follows: ■ § 134.714 When must the Judge issue his or her decision? * * * The Judge’s decision is the final agency decision and becomes effective upon issuance. Jovita Carranza, Administrator. [FR Doc. 2020–19567 Filed 10–6–20; 8:45 am] BILLING CODE 8026–03–P Examining the AD Docket DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2020–0557; Project Identifier AD–2020–00541–E; Amendment 39–21269; AD 2020–20–13] RIN 2120–AA64 Airworthiness Directives; General Electric Company Turbofan Engines Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: The FAA is superseding Airworthiness Directive (AD) 2018–15– 04 for certain General Electric Company (GE) CF6–80A, CF6–80A1, CF6–80A2, CF6–80A3, CF6–80C2A1, CF6–80C2A2, CF6–80C2A3, CF6–80C2A5, CF6– 80C2A5F, CF6–80C2A8, CF6–80C2B1, CF6–80C2B1F, CF6–80C2B2, CF6– 80C2B2F, CF6–80C2B4, CF6–80C2B4F, CF6–80C2B5F, CF6–80C2B6, CF6– 80C2B6F, CF6–80C2B6FA, CF6– 80C2B7F, CF6–80C2D1F, CF6–80C2L1F, and CF6–80C2K1F model turbofan engines. AD 2018–15–04 required ultrasonic inspection (UI) of highpressure turbine (HPT) stage 1 and stage 2 disks. This AD retains the required inspections while expanding the population of affected HPT disks. This AD was prompted by an uncontained failure of an HPT stage 2 disk and the manufacturer’s determination to expand the population of affected HPT disks. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective November 12, 2020. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of November 12, 2020. ADDRESSES: For service information identified in this final rule, contact SUMMARY: VerDate Sep<11>2014 15:59 Oct 06, 2020 General Electric Company, GE Aviation, Room 285, 1 Neumann Way, Cincinnati, OH 45215; phone: 513–552–3272; email: aviation.fleetsupport@ae.ge.com; website: www.ge.com. You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call 781–238–7759. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA–2020–0557. Jkt 250001 You may examine the AD docket on the internet at https:// www.regulations.govby searching for and locating Docket No. FAA–2020– 0557; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, any comments received, and other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Scott Stevenson, Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781–238–7132; fax: 781–238–7199; email: Scott.M.Stevenson@faa.gov. SUPPLEMENTARY INFORMATION: Discussion The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2018–15–04, Amendment 39–19336 (83 FR 43739, August 28, 2018) (‘‘AD 2018–15–04’’). AD 2018–15–04 applied to certain GE CF6–80A, CF6–80A1, CF6–80A2, CF6– 80A3, CF6–80C2A1, CF6–80C2A2, CF6– 80C2A3, CF6–80C2A5, CF6–80C2A5F, CF6–80C2A8, CF6–80C2B1, CF6– 80C2B1F, CF6–80C2B2, CF6–80C2B2F, CF6–80C2B4, CF6–80C2B4F, CF6– 80C2B5F, CF6–80C2B6, CF6–80C2B6F, CF6–80C2B6FA, CF6–80C2B7F, CF6– 80C2D1F, CF6–80C2L1F, and CF6– 80C2K1F model turbofan engines. The NPRM published in the Federal Register on June 8, 2020 (85 FR 35024). The NPRM was prompted by an uncontained failure of an HPT stage 2 disk and the manufacturer’s determination to expand the population of affected HPT disks. The NPRM proposed to retain the required inspections of AD 2018–15–04, while expanding the population of affected HPT disks. The FAA is issuing this AD PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 63193 to address the unsafe condition on these products. Comments The FAA gave the public the opportunity to participate in developing this AD. The following presents the comments received on the NPRM and the FAA’s response to each comment. Request To Update the No-Reporting Requirements Delta Air Lines (DAL) requested that the FAA update paragraph (h) of this AD to include a no-reporting requirement with respect to Accomplishment Instructions, paragraph 3.A.(3), of GE CF6–80A Service Bulletin (SB) 72–0869 R02, dated May 29, 2019 (‘‘GE SB 72–0869 R02’’). DAL reasoned that paragraph (h) of the NPRM contains a no-reporting requirement for the Accomplishment Instructions, paragraphs 3.A.(2)(c) and 3.A.(2)(f), of GE CF6–80C2 SB 72–1562 R04, dated May 29, 2019 (‘‘GE SB 72– 1562 R04’’); but fails to include a noreporting requirement associated with the Accomplishment Instructions, paragraph 3.A.(3), of GE SB 72–0869 R02. The FAA disagrees. Paragraph (g)(1) of this AD requires a UI of the HPT stage 1 and 2 disks on affected CF6–80C2 model turbofan engines using the Accomplishment Instructions, paragraph 3.A.(2), of GE SB 72–1562 R04. Within paragraph 3.A.(2) of GE SB 72–1562 R04 are instructions that include reporting certain information to GE. Therefore, the FAA found it necessary to indicate in this AD that these reporting instructions are not required. Paragraph (g)(2) of this AD requires the use of paragraph 3.A.(2) of GE SB 72–0869 R02, which does not include reporting instructions to perform the UI. This AD does not require the use of paragraph 3.A.(3) of GE SB 72–0869 R02 and, as such, the addition of a no-reporting requirement for that paragraph is unnecessary. Support for the AD The Boeing Company, FedEx Express, United Airlines Engineering, and the Air Line Pilots Association, International, expressed support for the AD. Conclusion The FAA reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this AD as proposed except for minor editorial changes. The FAA has determined that these minor changes: E:\FR\FM\07OCR1.SGM 07OCR1

Agencies

SMALL BUSINESS ADMINISTRATION

[Federal Register Volume 85, Number 195 (Wednesday, October 7, 2020)]
[Rules and Regulations]
[Pages 63191-63193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19567]


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SMALL BUSINESS ADMINISTRATION

13 CFR Part 134

RIN 3245-AH01


Regulatory Reform Initiative: Rules of Procedure Governing Cases 
Before the Office of Hearings and Appeals

AGENCY: U.S. Small Business Administration.

ACTION: Final rule.

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

SUMMARY: With this deregulatory action, the U.S. Small Business 
Administration (SBA) is revising regulations regarding rules of 
procedure governing cases before the Office of Hearings and Appeals 
(OHA) to remove an unnecessary regulatory provision and to clarify an 
existing rule of procedure.

DATES: This rule is effective November 6, 2020.

FOR FURTHER INFORMATION CONTACT: Delorice Price Ford, Assistant 
Administrator, Office of Hearings and Appeals, (202) 401-8200 or 
[email protected].

SUPPLEMENTARY INFORMATION: 

[[Page 63192]]

I. Background Information

A. Part 134, Rules of Procedure Governing Cases Before the Office of 
Hearings and Appeals

    SBA is removing Sec.  134.317 from its regulations because the 
procedure addressed in this regulation, the return of size appeal case 
files, is no longer necessary. Case files are now transmitted 
electronically to OHA from SBA's Area Offices, which eliminates the 
need to return paper records by mail. SBA is also revising Sec.  
134.714 to clarify that the decision of a Judge regarding a status 
protest appeal from a Women-Owned Small Business (WOSB) or Economically 
Disadvantaged Women-Owned Small Business (EDWOSB) is SBA's final agency 
decision and becomes effective upon issuance. SBA received one comment 
regarding reducing the amount of words in its regulations, which we 
have done in this regulation by removing one section of the OHA's 
regulations. SBA will consider this comment when drafting future OHA 
rulemakings.

II. Section by Section Analysis

A. Sec.  134.317 Return of the Case File

    SBA is removing Sec.  134.317 of its regulations, which currently 
states that upon issuance of a decision, OHA will return the case file 
to the transmitting Area Office. When a size appeal is filed, SBA's 
Area Office will often mail the original paper protest file to OHA for 
review. Pursuant to Sec.  134.317, OHA will then send the original file 
back to the Area Office at the conclusion of the appeal process. For 
several years, however, OHA has transitioned many of its processes to 
electronic transmission and storage. OHA will now transition this part 
of the size appeal process to a completely electronic method. 
Therefore, neither the Area Offices nor OHA will need to mail the paper 
protest file back and forth. As such, this regulation is no longer 
necessary.

B. Sec.  134.714 When must the Judge issue his or her decision?

    SBA is adding language to Sec.  134.714 of its regulations to 
clarify that decisions issued by OHA pursuant to WOSB or EDWOSB status 
protest appeals are considered final agency decisions. Currently, the 
rule is silent on the issue, which could lead to confusion since other 
size and status appeal regulations in part 134 clearly state that the 
OHA decision is a final agency decision. See Sec.  134.316(d) (size 
appeals), Sec.  134.409(a) (8(a) appeals), and Sec.  134.515(a) 
(Service-Disabled Veteran-Owned Small Business Concern status protest 
appeals). SBA does not follow a different process for women-owned 
businesses. For example, OHA's WOSB/EDWOSB appeal decisions currently 
state that the decision is the final agency decision. As such, SBA 
believes that the proposed revision for Sec.  134.714 will clarify that 
the Judge's decision in a WOSB or EDWOSB status protest appeal is the 
final agency decision and that the decision becomes effective upon 
issuance.

III. Compliance With Executive Orders 12866, 13771, 12988, and 13132, 
the Paperwork Reduction Act (44 U.S.C., Ch. 35), and the Regulatory 
Flexibility Act (5 U.S.C. 601-612)

A. Executive Order 12866

    The Office of Management and Budget (OMB) has determined that this 
rule does not constitute a significant regulatory action for purposes 
of Executive Order 12866 and is not a major rule under the 
Congressional Review Act, 5 U.S.C. 801, et seq.

B. Executive Order 13771

    This rule is expected to be an Executive order deregulatory action 
with an annualized net savings of $28,733 and a net present value of 
$410,478, both in 2016 dollars.
    This rule removes Sec.  134.317, Return of the case file, because 
it is no longer necessary. Case files will now be transmitted 
electronically to OHA from the Area Office, eliminating the need to 
return paper records by mail. This rule will eliminate significant 
costs related to packing, labeling, and shipping case files from the 
transmitting Area Office and returning those files by mail. OHA 
receives and returns approximately 120 case files per fiscal year to 
the Area Offices, for a total of 240 shipments. Assuming it takes 45 
minutes to prepare the shipment, printing, and mailing the files and 
that a GS-13 analyst performs this work at a wage of $112,393 plus 30 
percent for benefits, or $146,111 ($73 hourly), this would save the 
government $13,140, annually. The cost of each shipment is 
approximately $70, which would save the government an additional 
$16,800 for a total savings of $29,940 per year, in current dollars.

C. Executive Order 12988

    This action meets applicable standards set forth in section 3(a) 
and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden. The action does not 
have retroactive or preemptive effect.

D. Executive Order 13132

    This rule does not have federalism implications as defined in 
Executive Order 13132. It will not have substantial direct effects on 
the States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in the Executive order. As 
such, it does not warrant the preparation of a Federalism Assessment.

E. Paperwork Reduction Act

    The SBA has determined that this final rule does not impose 
additional reporting or recordkeeping requirements under the Paperwork 
Reduction Act, 44 U.S.C. chapter 35.

F. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) requires administrative 
agencies to consider the effect of their actions on small entities, 
small non-profit businesses, and small local governments. Pursuant to 
the RFA, when an agency issues a rule, the agency must prepare an 
analysis that describes whether the impact of the rule will have a 
significant economic impact on a substantial number of small entities. 
If not, the RFA permits agencies to certify to that effect. SBA 
believes that the removal of Sec.  134.317 will only impact itself and 
that it will save SBA the costs associated with mailing paper files 
back and forth during the appeal process. SBA therefore certifies that 
this rule has ``no significant impact upon a substantial number of 
small entities'' within the meaning of the RFA.

List of Subjects in 13 CFR Part 134

    Administrative practice and procedure, Claims, Equal employment 
opportunity, Lawyers, Organizations and functions (Government 
agencies).

    Accordingly, for the reasons stated in the preamble, SBA amends 13 
CFR part 134 as follows:

PART 134--RULES OF PROCEDURE GOVERNING CASES BEFORE THE OFFICE OF 
HEARINGS AND APPEALS

0
1. The authority citation for part 134 continues to read as follows:

    Authority: 5 U.S.C. 504; 15 U.S.C. 632, 634(b)(6), 634(i), 
637(a), 648(l), 656(i), 657t and 687(c); 38 U.S.C. 8127(f); E.O. 
12549, 51 FR 6370, 3 CFR, 1986 Comp., p. 189.
    Subpart J issued under 38 U.S.C. 8127(f)(8)(B).
    Subpart K issued under 38 U.S.C. 8127(f)(8)(A).
    Subpart L issued under 15 U.S.C. 636(a)(36); Pub. L. 116-136; 
Pub. L. 116-139; 116-142; 116-147.

[[Page 63193]]

Sec.  134.317  [Removed and reserved]

0
2. Remove and reserve Sec.  134.317.

0
3. Amend Sec.  134.714 by adding a sentence to the end of the section 
to read as follows:


Sec.  134.714  When must the Judge issue his or her decision?

    * * * The Judge's decision is the final agency decision and becomes 
effective upon issuance.

Jovita Carranza,
Administrator.
[FR Doc. 2020-19567 Filed 10-6-20; 8:45 am]
BILLING CODE 8026-03-P

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