Special Conditions: Dassault Aviation Model Falcon 6X Airplane; Design Roll Maneuver, 3026-3027 [2022-00975]
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3026
Federal Register / Vol. 87, No. 13 / Thursday, January 20, 2022 / Rules and Regulations
debt,’’ 11 including, for example, any
false representation of ‘‘the character,
amount, or legal status of any debt.’’ 12
The FDCPA and Regulation F also
prohibit the use of ‘‘unfair or
unconscionable means to collect or
attempt to collect any debt,’’ 13
including, for example, the ‘‘collection
of any amount (including any interest,
fee, charge, or expense incidental to the
principal obligation) unless such
amount is expressly authorized by the
agreement creating the debt or permitted
by law.’’ 14
The Bureau reminds debt collectors
about these FDCPA prohibitions. The
prohibition on misrepresentations
includes misrepresenting that a
consumer must pay a debt stemming
from a charge that exceeds the amount
permitted by the No Surprises Act.
Thus, for example, a debt collector who
represents that a consumer owes a debt
arising from out-of-network charges for
emergency services may violate the
prohibition on misrepresentations if
those charges exceed the amount
permitted by the No Surprises Act.
Courts have also emphasized that
collecting an amount that exceeds what
is owed would violate the prohibition
on unfair or unconscionable debt
collection practices.
Many debt collectors furnish
information about unpaid medical debts
to consumer reporting agencies
(CRAs).15 Debt collectors who furnish
information and the CRAs to which they
furnish that information are subject to
the FCRA and its implementing
Regulation V.16 The FCRA and
Regulation V impose obligations on
11 15
U.S.C. 1692e; 12 CFR 1006.18(a).
U.S.C. 1692e(2)(A); 12 CFR 1006.18(b)(2)(i).
13 15 U.S.C. 1692f; 12 CFR 1006.22(a).
14 15 U.S.C. 1692f(1); 12 CFR 1006.22(b). See also,
e.g., Tuttle v. Equifax Check, 190 F.3d 9, 13 (2nd
Cir. 1999) (noting that, if state law expressly
prohibits service charges, a service charge cannot be
imposed even if the contract allows it).
15 See Bureau of Consumer Fin. Prot., Market
Snapshot: Third-Party Debt Collections Tradeline
Reporting, at 5, 12–14 (July 2019), https://
files.consumerfinance.gov/f/documents/201907_
cfpb_third-party-debt-collections_report.pdf
(finding that, in the second quarter of 2018, medical
debt accounted for approximately two-thirds of
total third-party collections tradelines). See also
Bureau of Consumer Fin. Prot., Consumer credit
reports: A study of medical and non-medical
collections, at 4–5 (Dec. 2014), https://
files.consumerfinance.gov/f/201412_cfpb_reports_
consumer-credit-medical-and-non-medicalcollections.pdf (finding that, based on data from
2012 through 2014, medical debt collections
tradelines affected the credit reports of nearly onefifth of all consumers with credit reports); id. at 5
(finding that, based on data from 2012 through
2014, medical debt collection tradelines accounted
for over half of all debt collection tradelines with
an identifiable creditor or provider).
16 15 U.S.C. 1681 through 1681x; 12 CFR part
1022.
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16:03 Jan 19, 2022
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CRAs and furnishers relating to the
accuracy of information in consumer
reports. Among these is the requirement
that, when preparing a consumer report,
CRAs ‘‘shall follow reasonable
procedures to assure maximum possible
accuracy of the information concerning
the individual about whom the report
relates,’’ 17 and the requirement that
furnishers ‘‘establish and implement
reasonable written policies and
procedures regarding the accuracy and
integrity of the information relating to
consumers that it furnishes to a
consumer reporting agency.’’ 18 The
FCRA and Regulation V also require
CRAs and furnishers to conduct
reasonable and timely investigations of
consumer disputes to verify the
accuracy of furnished information.19
The Bureau reminds furnishers and
CRAs that the accuracy and dispute
obligations imposed by the FCRA and
Regulation V apply with respect to debts
stemming from charges that exceed the
amount permitted by the No Surprises
Act. Thus, for example, a debt collector
who furnishes information indicating
that a consumer owes a debt arising
from out-of-network charges for
emergency services (or a CRA that
includes such information in a
consumer report) may violate the FCRA
and Regulation V if those charges
exceed the amount permitted by the No
Surprises Act or if the furnisher (or
CRA) fails to meet its dispute
obligations.
The Bureau will closely review the
practices of those engaged in the
collection or reporting of medical debt.
The Bureau will hold debt collectors
accountable for failing to comply with
the FDCPA and Regulation F, and it will
hold CRAs and furnishers accountable
for failing to comply with the FCRA and
Regulation V. The Bureau will use all
appropriate tools to assess whether
supervisory, enforcement, or other
action may be necessary.
II. Regulatory Matters
This Bulletin constitutes a general
statement of policy exempt from the
notice and comment rulemaking
requirements of the Administrative
Procedure Act.20 It summarizes existing
legal requirements. It does not impose
any legal requirements on external
parties, nor does it create or confer any
substantive rights on external parties
that could be enforceable in any
administrative or civil proceeding.
Because no notice of proposed
17 15
U.S.C. 1681e(b).
CFR 1022.42(a).
19 15 U.S.C. 1681i, 1681s–2; 12 CFR 1022.43.
20 5 U.S.C. 553(b).
rulemaking is required in issuing this
Bulletin, the Regulatory Flexibility Act
also does not require an initial or final
regulatory flexibility analysis.21 The
Bureau has also determined that the
issuance of this Bulletin does not
impose any new or revise any existing
recordkeeping, reporting, or disclosure
requirements on covered entities or
members of the public that would be
collections of information requiring
approval by the Office of Management
and Budget under the Paperwork
Reduction Act of 1995.22
Rohit Chopra,
Director, Consumer Financial Protection
Bureau.
[FR Doc. 2022–01012 Filed 1–19–22; 8:45 am]
BILLING CODE 4810–AM–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA–2014–1077; Special
Conditions No. 25–609A–SC]
Special Conditions: Dassault Aviation
Model Falcon 6X Airplane; Design Roll
Maneuver
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions;
amendment.
AGENCY:
These amended special
conditions are issued for the Dassault
Aviation (Dassault) Model Falcon 6X
airplane. This airplane will have a novel
or unusual design feature when
compared to the state of technology
envisioned in the airworthiness
standards for transport-category
airplanes. This design feature is
electronic flight controls that affect
maneuvering. The applicable
airworthiness regulations do not contain
adequate or appropriate safety standards
for this design feature. These special
conditions contain the additional safety
standards that the Administrator
considers necessary to establish a level
of safety equivalent to that established
by the existing airworthiness standards.
DATES: This action is effective on
Dassault on January 20, 2022.
FOR FURTHER INFORMATION CONTACT:
Todd Martin, AIR–621, Materials and
Structural Properties Section, Technical
Innovation Policy Branch, Policy and
Innovation Division, Federal Aviation
Administration, 2200 S 216th Street,
SUMMARY:
18 12
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21 5
U.S.C. 603(a), 604(a).
U.S.C. 3501 et seq.
22 44
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Federal Register / Vol. 87, No. 13 / Thursday, January 20, 2022 / Rules and Regulations
Des Moines, Washington 98198–6547;
telephone and fax 206–231–3210.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2012, Dassault Aviation
applied for a type certificate for their
new Model Falcon 5X airplane. Those
special conditions were issued on
February 17, 2016 (81 FR 7965).
However, Dassault has decided not to
release an airplane under the model
designation Falcon 5X, instead choosing
to change that model designation to
Falcon 6X.
In February of 2018, due to engine
supplier issues, Dassault extended the
type certificate application date for their
Model Falcon 5X airplane under new
Model Falcon 6X. This amendment to
the original special conditions reflects
the model-name change. This airplane is
a twin-engine business jet with seating
for 19 passengers and a maximum
takeoff weight of 77,460 pounds. The
Dassault Model Falcon 6X airplane
design remains unchanged from the
Model Falcon 5X in all material respects
other than different engines.
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Type Certification Basis
Under the provisions of 14 CFR 21.17,
Dassault must show that the Model
Falcon 6X airplane meets the applicable
provisions of part 25, as amended by
Amendments 25–1 through 25–146.
If the Administrator finds that the
applicable airworthiness regulations
(i.e., 14 CFR part 25) do not contain
adequate or appropriate safety standards
for the Dassault Model Falcon 6X
airplane because of a novel or unusual
design feature, special conditions are
prescribed under the provisions of
§ 21.16.
Special conditions are initially
applicable to the model for which they
are issued. Should the type certificate
for that model be amended later to
include any other model that
incorporates the same novel or unusual
design feature, these special conditions
would also apply to the other model
under § 21.101.
In addition to the applicable
airworthiness regulations and special
conditions, the Dassault Model Falcon
6X airplane must comply with the fuelvent and exhaust-emission requirements
of 14 CFR part 34, and the noisecertification requirements of 14 CFR
part 36.
The FAA issues special conditions, as
defined in 14 CFR 11.19, in accordance
with § 11.38, and they become part of
the type certification basis under
§ 21.17(a)(2).
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Novel or Unusual Design Features
The Special Conditions
The Dassault Model Falcon 6X
airplane will incorporate the following
novel or unusual design feature:
An electronic flight-control system
that provides control through pilot
inputs to the flight computer, thereby
affecting maneuverability of the airplane
as compared to conventional control
systems.
Accordingly, pursuant to the
authority delegated to me by the
Administrator, the following special
conditions are issued as part of the type
certification basis for Dassault Model
Falcon 6X airplanes.
In lieu of compliance to § 25.349(a),
the following conditions, speeds, and
cockpit roll-control motions (except as
the motions may be limited by pilot
effort) must be considered in
combination with an airplane load
factor of zero, and of two-thirds of the
positive maneuvering factor used in
design. In determining the resulting
control-surface deflections, the torsional
flexibility of the wing must be
considered in accordance with
§ 25.301(b).
1. Conditions corresponding to steady
rolling velocities must be investigated.
In addition, conditions corresponding to
maximum angular acceleration must be
investigated for airplanes with engines
or other weight concentrations outboard
of the fuselage. For the angular
acceleration conditions, zero rolling
velocity may be assumed in the absence
of a rational time-history investigation
of the maneuver.
2. At VA, sudden movement of the
cockpit roll control up to the limit is
assumed. The position of the cockpit
roll control must be maintained until a
steady roll rate is achieved, and then
must be returned suddenly to the
neutral position.
3. At VC, the cockpit roll control must
be moved suddenly and maintained so
as to achieve a roll rate not less than
that obtained in special condition 2,
above.
4. At VD, the cockpit roll control must
be moved suddenly and maintained so
as to achieve a roll rate not less than
one-third of that obtained in special
condition 2, above.
Discussion
Current part 25 airworthiness
regulations account for control laws for
which aileron deflection is proportional
to control-stick deflection. They do not
address nonlinearities or other effects
on aileron actuation that may be caused
by electronic flight controls. Because
this type of system may affect flight
loads, and therefore the structural
capability of the airplane, specific
regulations are needed to address these
effects.
These special conditions contain the
additional safety standards that the
Administrator considers necessary to
establish a level of safety equivalent to
that established by the existing
airworthiness standards.
Discussion of Comments
The FAA issued Final special
conditions, request for comment Special
Conditions No. 25–609–SC for the
Dassault Model Falcon 5X airplane,
which was published in the Federal
Register on February 17, 2016 (81 FR
7965). No comments were received, and
the special conditions are adopted as
proposed, with amendments.
Applicability
As discussed above, these special
conditions are applicable to the Dassault
Model Falcon 6X airplane. Should
Dassault apply at a later date for a
change to the type certificate to include
another model incorporating the same
novel or unusual design feature, these
special conditions would apply to that
model as well.
Conclusion
This action affects only certain novel
or unusual design features on one model
of airplane. It is not a rule of general
applicability.
List of Subjects in 14 CFR Part 25
Issued in Kansas City, Missouri, on January
13, 2022.
Patrick R. Mullen,
Manager, Technical Innovation Policy
Branch, Policy and Innovation Division,
Aircraft Certification Service.
[FR Doc. 2022–00975 Filed 1–19–22; 8:45 am]
BILLING CODE 4910–13–P
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
The authority citation for these
special conditions is as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113,
44701, 44702, 44704.
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Agencies
[Federal Register Volume 87, Number 13 (Thursday, January 20, 2022)]
[Rules and Regulations]
[Pages 3026-3027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00975]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA-2014-1077; Special Conditions No. 25-609A-SC]
Special Conditions: Dassault Aviation Model Falcon 6X Airplane;
Design Roll Maneuver
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final special conditions; amendment.
-----------------------------------------------------------------------
SUMMARY: These amended special conditions are issued for the Dassault
Aviation (Dassault) Model Falcon 6X airplane. This airplane will have a
novel or unusual design feature when compared to the state of
technology envisioned in the airworthiness standards for transport-
category airplanes. This design feature is electronic flight controls
that affect maneuvering. The applicable airworthiness regulations do
not contain adequate or appropriate safety standards for this design
feature. These special conditions contain the additional safety
standards that the Administrator considers necessary to establish a
level of safety equivalent to that established by the existing
airworthiness standards.
DATES: This action is effective on Dassault on January 20, 2022.
FOR FURTHER INFORMATION CONTACT: Todd Martin, AIR-621, Materials and
Structural Properties Section, Technical Innovation Policy Branch,
Policy and Innovation Division, Federal Aviation Administration, 2200 S
216th Street,
[[Page 3027]]
Des Moines, Washington 98198-6547; telephone and fax 206-231-3210.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2012, Dassault Aviation applied for a type certificate
for their new Model Falcon 5X airplane. Those special conditions were
issued on February 17, 2016 (81 FR 7965). However, Dassault has decided
not to release an airplane under the model designation Falcon 5X,
instead choosing to change that model designation to Falcon 6X.
In February of 2018, due to engine supplier issues, Dassault
extended the type certificate application date for their Model Falcon
5X airplane under new Model Falcon 6X. This amendment to the original
special conditions reflects the model-name change. This airplane is a
twin-engine business jet with seating for 19 passengers and a maximum
takeoff weight of 77,460 pounds. The Dassault Model Falcon 6X airplane
design remains unchanged from the Model Falcon 5X in all material
respects other than different engines.
Type Certification Basis
Under the provisions of 14 CFR 21.17, Dassault must show that the
Model Falcon 6X airplane meets the applicable provisions of part 25, as
amended by Amendments 25-1 through 25-146.
If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Dassault Model Falcon 6X airplane
because of a novel or unusual design feature, special conditions are
prescribed under the provisions of Sec. 21.16.
Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same novel or
unusual design feature, these special conditions would also apply to
the other model under Sec. 21.101.
In addition to the applicable airworthiness regulations and special
conditions, the Dassault Model Falcon 6X airplane must comply with the
fuel-vent and exhaust-emission requirements of 14 CFR part 34, and the
noise-certification requirements of 14 CFR part 36.
The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec. 11.38, and they become part of the type
certification basis under Sec. 21.17(a)(2).
Novel or Unusual Design Features
The Dassault Model Falcon 6X airplane will incorporate the
following novel or unusual design feature:
An electronic flight-control system that provides control through
pilot inputs to the flight computer, thereby affecting maneuverability
of the airplane as compared to conventional control systems.
Discussion
Current part 25 airworthiness regulations account for control laws
for which aileron deflection is proportional to control-stick
deflection. They do not address nonlinearities or other effects on
aileron actuation that may be caused by electronic flight controls.
Because this type of system may affect flight loads, and therefore the
structural capability of the airplane, specific regulations are needed
to address these effects.
These special conditions contain the additional safety standards
that the Administrator considers necessary to establish a level of
safety equivalent to that established by the existing airworthiness
standards.
Discussion of Comments
The FAA issued Final special conditions, request for comment
Special Conditions No. 25-609-SC for the Dassault Model Falcon 5X
airplane, which was published in the Federal Register on February 17,
2016 (81 FR 7965). No comments were received, and the special
conditions are adopted as proposed, with amendments.
Applicability
As discussed above, these special conditions are applicable to the
Dassault Model Falcon 6X airplane. Should Dassault apply at a later
date for a change to the type certificate to include another model
incorporating the same novel or unusual design feature, these special
conditions would apply to that model as well.
Conclusion
This action affects only certain novel or unusual design features
on one model of airplane. It is not a rule of general applicability.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
The authority citation for these special conditions is as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701, 44702,
44704.
The Special Conditions
Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for Dassault Model Falcon 6X airplanes.
In lieu of compliance to Sec. 25.349(a), the following conditions,
speeds, and cockpit roll-control motions (except as the motions may be
limited by pilot effort) must be considered in combination with an
airplane load factor of zero, and of two-thirds of the positive
maneuvering factor used in design. In determining the resulting
control-surface deflections, the torsional flexibility of the wing must
be considered in accordance with Sec. 25.301(b).
1. Conditions corresponding to steady rolling velocities must be
investigated. In addition, conditions corresponding to maximum angular
acceleration must be investigated for airplanes with engines or other
weight concentrations outboard of the fuselage. For the angular
acceleration conditions, zero rolling velocity may be assumed in the
absence of a rational time-history investigation of the maneuver.
2. At VA, sudden movement of the cockpit roll control up
to the limit is assumed. The position of the cockpit roll control must
be maintained until a steady roll rate is achieved, and then must be
returned suddenly to the neutral position.
3. At VC, the cockpit roll control must be moved
suddenly and maintained so as to achieve a roll rate not less than that
obtained in special condition 2, above.
4. At VD, the cockpit roll control must be moved
suddenly and maintained so as to achieve a roll rate not less than one-
third of that obtained in special condition 2, above.
Issued in Kansas City, Missouri, on January 13, 2022.
Patrick R. Mullen,
Manager, Technical Innovation Policy Branch, Policy and Innovation
Division, Aircraft Certification Service.
[FR Doc. 2022-00975 Filed 1-19-22; 8:45 am]
BILLING CODE 4910-13-P