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Federal Register / Vol. 86, No. 49 / Tuesday, March 16, 2021 / Rules and Regulations
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interpretation regarding associational discrimination is similarly consistent with the Courts reasoning in Bostock regarding how discrimination based on the sex, including sexual orientation and/or gender identity, of the persons with whom the individual associates is prohibited under Title VII.42 A creditor engages in such associational discrimination if it, for example, requires a person applying for credit who is married to a person of the samesex to provide different documentation of the marriage than a person applying for credit who is married to a person of the opposite sex. The Bureaus interpretation is consistent with the principle, applied by Federal agencies for decades, that credit discrimination on a prohibited basis includes discrimination against an applicant because of the protected characteristics of individuals with whom they are affiliated or associated e.g., spouses, domestic partners, dates, friends, coworkers.43 Moreover, the Bureau has previously established that a creditor may not discriminate against an applicant because of that persons personal or business dealings with members of a protected class, because of the protected class of any persons associated with the extension of credit, or because of the protected class of other residents in the neighborhood where the property offered as collateral is located.44
For these reasons, the ECOA and Regulation B prohibition against than eliminates Title VII liability, an employer who fires employees for being gay or transgender does the same.
42 See id. at 1748 So, for example, when it comes to homosexual employees, male sex and attraction to men are but-for factors that can combine to get them fired. The fact that female sex and attraction to women can also get an employee fired does no more than show the same outcome can be achieved through the combination of different factors. In either case, though, sex plays an essential but-for role..
43 See Equal Credit Opportunity; Revision of Regulation B; Official Staff Commentary, 50 FR
48018, 48049 Nov. 20, 1985 providing that discrimination on a prohibited basis refers not only to characteristicsthe race, color, religion, national origin, sex, marital status, or ageof an applicant or officers of an applicant in the case of a corporation but also to the characteristics of individuals with whom an applicant is affiliated or with whom the applicant associates, or because of the characteristics of people with whom an applicant has personal or business dealings; 59
FR 18266, 18268 Apr. 15, 1994 stating that A
lender may not discriminate on a prohibited basis because of the characteristics of: a person associated with a credit applicant for example, a co-applicant, spouse, business partner, or live-inaide; or the present or prospective occupants of the area where property to be financed is located.;
76 FR 79442, 79473 Dec. 21, 2011; 81 FR 25323, 25325 Apr. 28, 2016; Official Staff Commentary, 12 CFR part 1002, supp. I, 2z1.
44 Official Staff Commentary, 12 CFR part 1002, supp. I, 2z1.

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discrimination on the basis of sex includes discrimination or discouragement based on sexual orientation and/or gender identity, including but not limited to discrimination based on actual or perceived nonconformity with sexbased or gender-based stereotypes and discrimination based on an applicants associations.
III. Legal Authority This interpretive rule is issued under the Bureaus authority to interpret the ECOA and Regulation B, including under section 1022b1 of the DoddFrank Wall Street Reform and Consumer Protection Act, which authorized guidance as may be necessary or appropriate to enable the Bureau to administer and carry out the purposes and objectives of Federal consumer financial laws.45
By operation of the ECOA section 706e, no provision of ECOA sections 701a, 704b, 706a, or 706b imposing any liability applies to any act done or omitted in good faith in conformity with this interpretive rule, notwithstanding that after such act or omission has occurred, the rule is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.46
IV. Effective Date Because this rule is solely interpretive, it is not subject to the 30day delayed effective date for substantive rules under section 553d of the Administrative Procedure Act.47
Therefore, this rule is effective on March 16, 2021, the same date that it is published in the Federal Register.
V. Regulatory Matters As an interpretive rule, this rule is exempt from the notice-and-comment rulemaking requirements of the Administrative Procedure Act.48
Because no notice of proposed rulemaking is required, the Regulatory Flexibility Act does not require an initial or final regulatory flexibility analysis.49 The Bureau also has determined that this interpretive rule 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 45 12 U.S.C. 5512b1. The relevant provisions of the ECOA and Regulation B form part of Federal consumer financial law. 12 U.S.C. 548112D, 14.
46 15 U.S.C. 1691e.
47 75 U.S.C. 553d.
48 5 U.S.C. 553b.
49 5 U.S.C. 603a, 604a.

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Management and Budget under the Paperwork Reduction Act.50
Pursuant to the Congressional Review Act,51 the Bureau will submit a report containing this interpretive rule and other required information to the U.S.
Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to the rules published effective date. The Office of Information and Regulatory Affairs has designated this interpretive rule as not a major rule as defined by 5 U.S.C. 8042.
Dated: March 5, 2021.
David Uejio, Acting Director, Bureau of Consumer Financial Protection.
FR Doc. 202105233 Filed 31521; 8:45 am BILLING CODE 4810AMP

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration 14 CFR Part 39
Docket No. FAA20210144; Project Identifier MCAI202100255R; Amendment 3921473; AD 20210606
RIN 2120AA64

Airworthiness Directives; Bell Textron Canada Limited Helicopters Federal Aviation Administration FAA, DOT.
ACTION: Final rule; request for comments.
AGENCY:

The FAA is superseding Emergency Airworthiness Directive AD 20210552 which applied to certain Bell Textron Canada Limited Bell Model 505 helicopters. Emergency AD 20210552 required a one-time visual inspection of the pilot collective stick and grip assembly pilot collective stick, a fluorescent penetrant inspection FPI if no crack was found during the visual inspection, and depending on the inspection results, removing the pilot collective stick from service and reporting certain information to Bell. Emergency AD
20210552 also prohibited installing any pilot collective stick on any helicopter unless the inspections had been accomplished. This AD removes the visual inspection of the pilot collective stick, requires repetitive FPIs of the pilot collective stick, and requires revising the existing Rotorcraft Flight Manual RFM for your helicopter. This AD retains the reporting requirement
SUMMARY:

50 44
51 5

U.S.C. 35013521.
U.S.C. 801 et seq.

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