3026 Federal Register / Vol. 87, No. 13 / Thursday, January 20, 2022 / Rules and Regulations 

11 15 U.S.C. 1692e; 12 CFR 1006.18(a). 

12 15 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). 

15See 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. 

17 15 U.S.C. 1681e(b). 

18 12 CFR 1022.42(a). 

19 15 U.S.C. 1681i, 1681s–2; 12 CFR 1022.43. 

20 5 U.S.C. 553(b). 

21 5 U.S.C. 603(a), 604(a). 

22 44 U.S.C. 3501 et seq. 

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 

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 

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 

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, 


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Federal Register / Vol. 87, No. 13 / Thursday, January 20, 2022 / Rules and Regulations 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 

§ 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). 

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 § 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. 

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 


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