Federal Register / Vol. 87, No. 128 / Wednesday, July 6, 2022 / Notices 40241 

10 12 U.S.C. 3106, as applied through 12 U.S.C. 

1844(c). 11 15 U.S.C. 78o–5(a)(l)(B)(iii). 12The Board’s Regulation H provides that any 

person filing any statement, report, or document 

under the Act may submit written objection to the 

public disclosure of the information when such 

information is filed in accordance with the 

procedures provided in 12 CFR 208.36(d). In 

addition, if a respondent believes that information 

disclosed on these forms constitutes nonpublic 

commercial or financial information, which is both 

customarily and actually treated as private by the 

respondent, the respondent may request 

confidential treatment pursuant to exemption 4 of 

the Freedom of Information Act (FOIA) pursuant to 

the Board’s Rules Regarding the Availability of 

Information, 12 CFR 261.15. 

13 Generally, information provided on Form 

MSD–4 and Form MSD–5 will be kept confidential 

from the public under exemption 6 of the FOIA, 

which protects information in ‘‘personnel and 

medical files and similar files the disclosure of 

which would constitute a clearly unwarranted 

invasion of personal privacy.’’ 5 U.S.C. 552(b)(6). In 

addition, other information on Form MSD–4 and 

Form MSD–5, such as the name of the municipal 

securities dealer that filed the form, may be 

withheld under exemption 4 of the FOIA, if it 

constitutes nonpublic commercial or financial 

information, which is both customarily and actually 

treated as private by the respondent (e.g., if a 

municipal securities dealer recently hired or 

terminated a number of municipal securities 

employees, disclosing these forms could reveal 

competitively sensitive commercial information 

about that dealer). 5 U.S.C. 552(b)(4). We note that 

FINRA’s Form U–4 collects the social security 

number and other personally identifiable 

information about an individual, which may be 

withheld under the Privacy Act, 5 U.S.C. 552b. In 

addition, Treasury’s Form G–FIN–4 states ‘‘[t]he 

Department of the Treasury and the appropriate 

regulatory agencies regard the information provided 

by each respondent on this form as confidential.’’ 

banks.10 The obligation to file the Form 

G–FIN and Form G–FINW with the 

Board, and the obligation for the 

government securities broker or dealer 

to retain a copy of the Form G–FIN and 

Form G–FINW, is mandatory for those 

financial institutions for which the 

Board serves as the ARA, unless the 

financial institution is exempt from the 

reporting requirement under Treasury’s 

regulations. The filing of these forms 

and the records retention period is 

event-generated. 

Under the Act, each ARA is instructed 

to make these forms available to the 

SEC, and the SEC is instructed to make 

the notices available to the public.11

Thus, the information collected on Form 

G–FIN and Form G–FINW is ordinarily 

not treated as confidential.12 However, 

given that Item 6 of Form G–FIN 

instructs the filer to attach copies of the 

confidential Form G–FIN–4, or if 

applicable, to attach copies of any 

previously filed confidential Form 

MSD–4 or confidential Form U–4, such 

attachments may be treated as 

confidential by the Board under 

exemptions 4 and/or 6 of the Freedom 

of Information Act.13

Consultation outside the agency: The 

Board consulted with the FDIC, OCC, 

and SEC in confirming that there were 

no changes needed to the collection as 

part of this clearance. 

Board of Governors of the Federal Reserve 

System, June 30, 2022. 

Michele Taylor Fennell, 

Deputy Associate Secretary of the Board. 

[FR Doc. 2022–14375 Filed 7–5–22; 8:45 am] 

BILLING CODE 6210–01–P 

FEDERAL TRADE COMMISSION 

[File No. 222 3012] 

MWE Investments, LLC; Analysis of 

Proposed Consent Order To Aid Public 

Comment 

AGENCY: Federal Trade Commission. 

ACTION: Proposed consent agreement; 

request for comment. 

SUMMARY: The consent agreement in this 

matter settles alleged violations of 

federal law prohibiting unfair or 

deceptive acts or practices. The attached 

Analysis of Proposed Consent Order to 

Aid Public Comment describes both the 

allegations in the draft complaint and 

the terms of the consent order— 

embodied in the consent agreement— 

that would settle these allegations. 

DATES: Comments must be received on 

or before August 5, 2022. 

ADDRESSES: Interested parties may file 

comments online or on paper by 

following the instructions in the 

Request for Comment part of the 

SUPPLEMENTARY INFORMATION section 

below. Please write ‘‘MWE Investments, 

LLC; File No. 222 3012’’ on your 

comment and file your comment online 

at https://www.regulations.gov by 

following the instructions on the webbased form. If you prefer to file your 

comment on paper, mail your comment 

to the following address: Federal Trade 

Commission, Office of the Secretary, 

600 Pennsylvania Avenue NW, Suite 

CC–5610 (Annex D), Washington, DC 

20580. 

FOR FURTHER INFORMATION CONTACT: 

Melissa Dickey (202–326–2662), Bureau 

of Consumer Protection, Federal Trade 

Commission, 600 Pennsylvania Avenue 

NW, Washington, DC 20580. 

SUPPLEMENTARY INFORMATION: Pursuant 

to Section 6(f) of the Federal Trade 

Commission Act, 15 U.S.C. 46(f), and 

FTC Rule 2.34, 16 CFR 2.34, notice is 

hereby given that the above-captioned 

consent agreement containing a consent 

order to cease and desist, having been 

filed with and accepted, subject to final 

approval, by the Commission, has been 

placed on the public record for a period 

of thirty (30) days. The following 

Analysis to Aid Public Comment 

describes the terms of the consent 

agreement and the allegations in the 

complaint. An electronic copy of the 

full text of the consent agreement 

package can be obtained at https://

www.ftc.gov/news-events/commissionactions. 

You can file a comment online or on 

paper. For the Commission to consider 

your comment, we must receive it on or 

before August 5, 2022. Write ‘‘MWE 

Investments, LLC; File No. 222 3012’’ on 

your comment. Your comment— 

including your name and your state— 

will be placed on the public record of 

this proceeding, including, to the extent 

practicable, on the https://

www.regulations.gov website. 

Because of heightened security 

screening, postal mail addressed to the 

Commission will be subject to delay. We 

strongly encourage you to submit your 

comments online through the https://

www.regulations.gov website. 

If you prefer to file your comment on 

paper, write ‘‘MWE Investments, LLC; 

File No. 222 3012’’ on your comment 

and on the envelope, and mail your 

comment to the following address: 

Federal Trade Commission, Office of the 

Secretary, 600 Pennsylvania Avenue 

NW, Suite CC–5610 (Annex D), 

Washington, DC 20580. 

Because your comment will be placed 

on the publicly accessible website at 

https://www.regulations.gov, you are 

solely responsible for making sure your 

comment does not include any sensitive 

or confidential information. In 

particular, your comment should not 

include sensitive personal information, 

such as your or anyone else’s Social 

Security number; date of birth; driver’s 

license number or other state 

identification number, or foreign 

country equivalent; passport number; 

financial account number; or credit or 

debit card number. You are also solely 

responsible for making sure your 

comment does not include sensitive 

health information, such as medical 

records or other individually 

identifiable health information. In 

addition, your comment should not 

include any ‘‘trade secret or any 

commercial or financial information 

which . . . is privileged or 

confidential’’—as provided by Section 

6(f) of the FTC Act, 15 U.S.C. 46(f), and 

FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— 

including competitively sensitive 

information such as costs, sales 

statistics, inventories, formulas, 

patterns, devices, manufacturing 

processes, or customer names. 

Comments containing material for 

which confidential treatment is 

requested must be filed in paper form, 


jspears on DSK121TN23PROD with NOTICES1
40242 Federal Register / Vol. 87, No. 128 / Wednesday, July 6, 2022 / Notices 

1Press Release, Fed. Trade Comm’n, FTC to Ramp 

Up Law Enforcement Against Illegal Repair 

Restrictions (July 21, 2021), https://www.ftc.gov/ 

news-events/news/press-releases/2021/07/ftc-ramplaw-enforcement-against-illegalrepair-restrictions. 

This policy statement followed a July 2019 

workshop that the FTC held on unlawful repair 

restrictions and a May 2021 report documenting the 

types of repair restrictions that firms frequently 

impose and the various arguments criticizing and 

defending them. See Nixing the Fix: A Workshop 

on Repair Restrictions, Fed. Trade Comm’n (July 16, 

2019), https://www.ftc.gov/news-events/events/ 

2019/07/nixing-fix-workshop-repairrestrictions; 

Press Release, Fed. Trad Comm’n, FTC Report to 

must be clearly labeled ‘‘Confidential,’’ 

and must comply with FTC Rule 4.9(c). 

In particular, the written request for 

confidential treatment that accompanies 

the comment must include the factual 

and legal basis for the request and must 

identify the specific portions of the 

comment to be withheld from the public 

record. See FTC Rule 4.9(c). Your 

comment will be kept confidential only 

if the General Counsel grants your 

request in accordance with the law and 

the public interest. Once your comment 

has been posted on the https://

www.regulations.gov website—as legally 

required by FTC Rule 4.9(b)—we cannot 

redact or remove your comment from 

that website, unless you submit a 

confidentiality request that meets the 

requirements for such treatment under 

FTC Rule 4.9(c), and the General 

Counsel grants that request. 

Visit the FTC website at http://

www.ftc.gov to read this document and 

the news release describing the 

proposed settlement. The FTC Act and 

other laws the Commission administers 

permit the collection of public 

comments to consider and use in this 

proceeding, as appropriate. The 

Commission will consider all timely 

and responsive public comments that it 

receives on or before August 5, 2022. 

For information on the Commission’s 

privacy policy, including routine uses 

permitted by the Privacy Act, see 

https://www.ftc.gov/site-information/ 

privacy-policy. 

Analysis of Proposed Consent Order To 

Aid Public Comment 

The Federal Trade Commission (the 

‘‘Commission’’) has accepted, subject to 

final approval, an agreement containing 

a consent order from MWE Investments, 

LLC, a manufacturer and licensor of the 

Westinghouse brand mark for use on 

outdoor power equipment 

(‘‘Respondent’’ or ‘‘Westinghouse’’). 

The proposed consent order 

(‘‘Proposed Order’’) has been placed on 

the public record for thirty days for 

receipt of comments by interested 

persons. Comments received during this 

period will become part of the public 

record. After thirty days, the 

Commission will again review the 

agreement, along with any comments 

received, and will decide whether it 

should withdraw from the agreement 

and take appropriate action or make 

final the Proposed Order. 

This matter involves the warranty that 

Westinghouse offers to purchasers of its 

outdoor generators. According to the 

Commission’s complaint, the warranty 

is conditioned on purchasers using 

authorized Westinghouse parts and 

accessories; otherwise, the warranty is 

void. 

Based on the foregoing, the 

Commission alleges that Respondent 

violated the Magnuson-Moss Warranty 

Act and regulations promulgated 

thereunder and engaged in deceptive 

acts or practices in violation of Section 

5(a) of the FTC Act. 

The Proposed Order contains 

injunctive provisions addressing the 

alleged deceptive conduct. Section I 

prohibits Respondent from expressly or 

implicitly conditioning a warranty on a 

consumer’s use of any article or service 

which is identified by brand, trade, or 

corporate name, unless the article or 

service is offered for free or the 

Commission has issued a waiver to the 

company, or from otherwise violating 

the Warranty Act or the Rules 

promulgated thereunder. Section II 

prohibits Respondent from representing 

to consumers, expressly or by 

implication, (a) that its warranties will 

be void if they use third-party parts or 

services or if they modify or alter the 

product without authorization, or (b) 

that consumers should only use branded 

parts or have their product repaired, 

altered or serviced by authorized service 

providers, but permits Respondent to 

represent that it will exclude warranty 

coverage and deny warranty claims if a 

generator is modified in a manner that 

results in increased carbon monoxide 

emissions, or that results in the removal 

of carbon monoxide sensors, safety 

warnings, guards, or other parts that 

affect the safe or intended performance 

or use of the generator. Section II also 

requires Respondent to include 

language in the warranty that 

affirmatively notifies consumers of their 

rights to use third-party services and 

parts under the Magnuson-Moss 

Warranty Act and enjoins Respondent 

from both misrepresenting any material 

facts to consumers about the warranty. 

Sections III and IV require 

Respondent to inform its customers 

whose products are under warranty, as 

well as authorized dealers and repair 

shops, that its warranty has been 

updated, and that the updated warranty 

is not conditioned on the use of 

authorized parts or services. Respondent 

must clearly and conspicuously post 

and keep on its website the notice and 

its updated warranty terms, and it must 

submit reports regarding its notification 

program. 

Sections V through VII of the 

Proposed Order are reporting and 

compliance provisions, which include 

recordkeeping requirements and 

provisions requiring Respondent to 

provide information or documents 

necessary for the Commission to 

monitor compliance with the Proposed 

Order. Section IX states that the 

Proposed Order will remain in effect for 

twenty (20) years, with certain 

exceptions. 

The purpose of this analysis is to aid 

public comment on the Proposed Order. 

It is not intended to constitute an 

official interpretation of the complaint 

or Proposed Order, or to modify in any 

way the Proposed Order’s terms. 

By direction of the Commission. 

April J. Tabor, 

Secretary. 

Statement of Chair Lina M. Khan Joined 

by Commissioner Rebecca Kelly 

Slaughter 

Today the Commission announced 

actions settling charges that HarleyDavidson, LLC and MWE Investments, 

LLC (‘‘Westinghouse’’) have engaged in 

unlawful repair restrictions. As stated in 

the complaints, the Commission 

charged Harley-Davidson, which 

manufactures motorcycles and related 

equipment, and Westinghouse, which 

makes and sells outdoor generators and 

related products, with unlawfully 

conditioning their warranties on the use 

of authorized parts in violation of both 

the Magnuson-Moss Warranty Act and 

the FTC Act. The Commission also 

alleged that Harley-Davidson failed to 

provide a clear description of warranty 

terms in a single document, a violation 

of the Disclosure Rule. 

The consent orders obtained in these 

matters bar both manufacturers from 

continuing the unlawful tying of their 

warranties to the use of authorized 

service or parts and prohibit them from 

misrepresenting any material facts about 

the warranty. Importantly, the firms are 

also required to note clearly and 

conspicuously in public statements that 

using third-party parts or repair services 

will not void the warranty. They must 

also provide customers with clear notice 

alerting them of the change. 

In July 2021, the Commission 

unanimously adopted a policy 

statement that committed the agency to 

prioritizing enforcement actions 

tackling unlawful repair restrictions.1


jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 87, No. 128 / Wednesday, July 6, 2022 / Notices 40243 

Congress Examines Anti-Competitive Repair 

Restrictions, Recommends Ways to Expand 

Consumers’ Repair Options (May 6, 2021), https:// 

www.ftc.gov/newsevents/news/press-releases/2021/ 

05/ftc-report-congress-examines-anti-competitiverepair-restrictions-recommendsways-expandconsumers. 

2Remarks of Chair Lina M. Khan Regarding the 

Proposed Policy Statement on Right to Repair, at 1 

(July 21, 2021), https://www.ftc.gov/legal-library/ 

browse/cases-proceedings/public-statements/ 

remarks-chair-lina-m-khanregarding-proposedpolicy-statement-right-repair; Fed. Trade Comm’n, 

Nixing The Fix: An FTC Report To Congress On 

Repair Restrictions, at 4–5, 9–15 (2021). 

1The hourly wage rates for sales and related 

workers are updated from the 60-Day Federal 

Register notice and are based on mean hourly 

wages found at https://www.bls.gov/news.release/ 

ocwage.htm (‘‘Occupational Employment and 

Wages–May 2021,’’ U.S. Department of Labor, 

released March 2022, Table 1 (‘‘National 

employment and wage data from the Occupational 

Employment Statistics survey by occupation, May 

2021’’). 

Today’s enforcement actions—the first 

addressing unlawful repair restrictions 

since we adopted the policy statement— 

mark an important step forward, 

demonstrating our commitment to 

vigorously protecting Americans’ right 

to repair. We are grateful to the Bureau 

of Consumer Protection staff for their 

excellent work driving this effort 

forward. 

Illegal repair restrictions can 

significantly raise costs for consumers, 

stifle innovation, close off business 

opportunity for independent repair 

shops, create unnecessary electronic 

waste, delay timely repairs, and 

undermine resiliency—harms that can 

have an outsized impact on low-income 

communities in particular.2 It is critical 

that unlawful repair restrictions 

continue to be a key area of focus for the 

Commission and that we continue to 

use all of our tools and authorities to 

root out these illegal practices. 

[FR Doc. 2022–14286 Filed 7–5–22; 8:45 am] 

BILLING CODE 6750–01–P 

FEDERAL TRADE COMMISSION 

Agency Information Collection 

Activities; Submission for OMB 

Review; Comment Request 

AGENCY: Federal Trade Commission 

(FTC). 

ACTION: Notice and request for comment. 

SUMMARY: The FTC requests that the 

Office of Management and Budget 

(OMB) extend for three years the current 

Paperwork Reduction Act (PRA) 

clearance for information collection 

requirements contained in the agency’s 

Mail, internet, or Telephone Order 

Merchandise Rule (MITOR or Rule). 

That clearance expires on July 31, 2022. 

DATES: Comments must be received by 

August 5, 2022. 

ADDRESSES: Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to www.reginfo.gov/public/do/ 

PRAMain. Find this particular 

information collection by selecting 

‘‘Currently under 30-day Review—Open 

for Public Comments’’ or by using the 

search function. The reginfo.gov web 

link is a United States Government 

website produced by OMB and the 

General Services Administration (GSA). 

Under PRA requirements, OMB’s Office 

of Information and Regulatory Affairs 

(OIRA) reviews Federal information 

collections. 

FOR FURTHER INFORMATION CONTACT: Jock 

Chung, 202–326–2984, Attorney, 

Enforcement Division, Bureau of 

Consumer Protection, 600 Pennsylvania 

Avenue NW, Mail Drop CC–9528, 

Washington, DC 20580. 

SUPPLEMENTARY INFORMATION:

Title: Mail, internet, or Telephone 

Order Merchandise Rule (MITOR or 

Rule), 16 CFR part 435. 

OMB Control Number: 3084–0106. 

Type of Review: Extension of a 

currently approved collection. 

Abstract: Generally, the MITOR 

requires a seller (or merchant) to: (1) 

have a reasonable basis for any express 

or implied shipment representation 

made in soliciting the sale (if no express 

time period is promised, the implied 

shipment representation is 30 days); (2) 

notify the buyer (or consumer) and 

obtain the buyer’s consent to any delay 

in shipment; and (3) make prompt and 

full refunds when the buyer exercises a 

cancellation option or the seller is 

unable to meet the Rule’s other 

requirements. 

On March 21, 2022, the FTC sought 

comment on the information collection 

requirements associated with the Rule. 

87 FR 15995. The FTC received no 

germane comments during the public 

comment period. Pursuant to OMB 

regulations, 5 CFR part 1320, that 

implement the PRA, 44 U.S.C. 3501 et 

seq., the FTC is providing this second 

opportunity for public comment while 

seeking OMB approval to renew the preexisting clearance for the Rule. For more 

details about the Rule requirements and 

the basis for the calculations 

summarized below, see 87 FR 15995. 

Likely Respondents: Businesses 

engaged in the sale of merchandise by 

mail, internet or telephone. 

Estimated Annual Hours Burden: 

3,117,410 hours. 

Third Party Disclosure: [(53,300 

established businesses × 50 hours) + 

(1,967 new entrants × 230 hours) = 

3,117,410 hours. 

Estimated Annual Cost Burden: 

$80,304,482, which is derived from 

3,117,410 hours × $25.76/hour.1

Your comment—including your name 

and your state—will be placed on the 

public record of this proceeding. 

Because your comment will be made 

public, you are solely responsible for 

making sure that your comment does 

not include any sensitive personal 

information, such as anyone’s Social 

Security number; date of birth; driver’s 

license number or other state 

identification number, or foreign 

country equivalent; passport number; 

financial account number; or credit or 

debit card number. You are also solely 

responsible for making sure that your 

comment does not include any sensitive 

health information, such as medical 

records or other individually 

identifiable health information. In 

addition, your comment should not 

include any ‘‘trade secret or any 

commercial or financial information 

which . . . is privileged or 

confidential’’ —as provided by Section 

6(f) of the FTC Act, 15 U.S.C. 46(f), and 

FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— 

including in particular competitively 

sensitive information such as costs, 

sales statistics, inventories, formulas, 

patterns, devices, manufacturing 

processes, or customer names. 

Josephine Liu, 

Assistant General Counsel for Legal Counsel. 

[FR Doc. 2022–14276 Filed 7–5–22; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[OMB Control No. 9000–0045; Docket No. 

2022–0053; Sequence No. 14] 

Submission for OMB Review; Bid 

Guarantees, Performance and Payment 

Bonds, and Alternative Payment 

Protection 

AGENCY: Department of Defense (DOD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Notice. 

SUMMARY: Under the provisions of the 

Paperwork Reduction Act, the 

Regulatory Secretariat Division has 

submitted to the Office of Management 


jspears on DSK121TN23PROD with NOTICES1