Special Conditions: Dassault Aviation Model Falcon 6X Airplane; Design Roll Maneuver, 3026-3027 [2022-00975]

Download as PDF 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. lotter on DSK11XQN23PROD with RULES1 12 15 VerDate Sep<11>2014 16:03 Jan 19, 2022 Jkt 256001 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 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 21 5 U.S.C. 603(a), 604(a). U.S.C. 3501 et seq. 22 44 E:\FR\FM\20JAR1.SGM 20JAR1 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. lotter on DSK11XQN23PROD with RULES1 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). VerDate Sep<11>2014 16:03 Jan 19, 2022 Jkt 256001 3027 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. PO 00000 Frm 00003 Fmt 4700 Sfmt 9990 E:\FR\FM\20JAR1.SGM 20JAR1

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.

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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