Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Notices 32039 

Board of Governors of the Federal Reserve 

System, June 11, 2021. 

Michele Taylor Fennell, 

Deputy Associate Secretary of the Board. 

[FR Doc. 2021–12686 Filed 6–15–21; 8:45 am] 

BILLING CODE P 

FEDERAL RESERVE SYSTEM 

Formations of, Acquisitions by, and 

Mergers of Bank Holding Companies 

The companies listed in this notice 

have applied to the Board for approval, 

pursuant to the Bank Holding Company 

Act of 1956 (12 U.S.C. 1841 et seq.) 

(BHC Act), Regulation Y (12 CFR part 

225), and all other applicable statutes 

and regulations to become a bank 

holding company and/or to acquire the 

assets or the ownership of, control of, or 

the power to vote shares of a bank or 

bank holding company and all of the 

banks and nonbanking companies 

owned by the bank holding company, 

including the companies listed below. 

The public portions of the 

applications listed below, as well as 

other related filings required by the 

Board, if any, are available for 

immediate inspection at the Federal 

Reserve Bank(s) indicated below and at 

the offices of the Board of Governors. 

This information may also be obtained 

on an expedited basis, upon request, by 

contacting the appropriate Federal 

Reserve Bank and from the Board’s 

Freedom of Information Office at 

https://www.federalreserve.gov/foia/ 

request.htm. Interested persons may 

express their views in writing on the 

standards enumerated in the BHC Act 

(12 U.S.C. 1842(c)). If the proposal also 

involves the acquisition of a nonbanking 

company, the review also includes 

whether the acquisition of the 

nonbanking company complies with the 

standards in section 4 of the BHC Act 

(12 U.S.C. 1843), and interested persons 

may express their views in writing on 

the standards enumerated in section 4. 

Unless otherwise noted, nonbanking 

activities will be conducted throughout 

the United States. 

Comments regarding each of these 

applications must be received at the 

Reserve Bank indicated or the offices of 

the Board of Governors, Ann E. 

Misback, Secretary of the Board, 20th 

Street and Constitution Avenue NW, 

Washington, DC 20551–0001, not later 

than July 16, 2021. 

A. Federal Reserve Bank of 

Minneapolis (Chris P. Wangen, 

Assistant Vice President), 90 Hennepin 

Avenue, Minneapolis, Minnesota 

55480–0291: 

1. MidCountry Acquisition Corp., 

Minneapolis, Minnesota; a savings and 

loan holding company, to become a 

bank holding company by (1) merging 

with J & B Financial Holdings, Inc., 

Minneapolis, Minnesota, and thereby 

indirectly acquiring 1st United Bank, 

Faribault, Minnesota; First State Bank of 

Sauk Centre, Sauk Centre, Minnesota; 

and Red Rock Bank, Sanborn, 

Minnesota; and (2) merging with 

Northfield Bancshares, Inc, and thereby 

indirectly acquiring Community 

Resource Bank, both of Northfield, 

Minnesota. 

Additionally, MidCountry 

Acquisition Corp., to retain MidCountry 

Bank, Bloomington, Minnesota, and 

thereby engage in operating a savings 

association pursuant to section 

225.28(b)(4)(ii) of the Board’s Regulation 

Y; and to acquire First State Agency, 

Inc., Sauk Centre, Minnesota, and 

thereby indirectly engage in general 

insurance agency activity through a 

lending office located in a place that has 

a population not exceeding 5,000 

pursuant to section 225.28(b)(11)(iii)(A) 

of the Board’s Regulation Y. 

Board of Governors of the Federal Reserve 

System, June 11, 2021. 

Michele Taylor Fennell, 

Deputy Associate Secretary of the Board. 

[FR Doc. 2021–12688 Filed 6–15–21; 8:45 am] 

BILLING CODE P 

FEDERAL TRADE COMMISSION 

[File No. 192 3000] 

MoviePass, Inc.; 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 July 16, 2021. 

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 ‘‘MoviePass, Inc.; 

File No. 192 3000’’ on your comment, 

and file your comment online at https:// 

www.regulations.gov by following the 

instructions on the web-based 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, or deliver your comment to the 

following address: Federal Trade 

Commission, Office of the Secretary, 

Constitution Center, 400 7th Street SW, 

5th Floor, Suite 5610 (Annex D), 

Washington, DC 20024. 

FOR FURTHER INFORMATION CONTACT: 

Thomas B. Carter (214–979–9372), 

Federal Trade Commission, Southwest 

Regional Office, 199 Bryan Street, Suite 

2150, Dallas, TX 75201. 

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 July 16, 2021. Write ‘‘MoviePass, 

Inc.; File No. 192 3000’’ 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. 

Due to the COVID–19 pandemic and 

the agency’s 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 ‘‘MoviePass, Inc.; File No. 

192 3000’’ 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; or deliver your comment to the 

following address: Federal Trade 

Commission, Office of the Secretary, 

Constitution Center, 400 7th Street SW, 

5th Floor, Suite 5610 (Annex D), 


jbell on DSKJLSW7X2PROD with NOTICES
32040 Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Notices 

Washington, DC 20024. If possible, 

submit your paper comment to the 

Commission by courier or overnight 

service. 

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 in particular 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, 

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 Notice and the 

news release describing the proposed 

settlement. The FTC Act and other laws 

that 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 July 16, 2021. 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 

(‘‘FTC’’ or ‘‘Commission’’) has accepted, 

subject to final approval, an agreement 

containing a proposed consent order 

(‘‘Proposed Order’’) from MoviePass, 

Inc., a corporation, Helios and Matheson 

Analytics, Inc. (‘‘Helios’’), a corporation, 

Mitchell Lowe, individually and as an 

officer of MoviePass, Inc., and Theodore 

Farnsworth, individually and as an 

officer of Helios (‘‘Respondents’’). The 

Proposed Order has been placed on the 

public record for 30 days to receive 

comments by interested persons. 

Comments received during this period 

will become part of the public record. 

After 30 days, the Commission will 

again review the agreement and the 

comments received and will decide 

whether it should withdraw from the 

agreement and take appropriate action 

or make final the agreement’s Proposed 

Order. 

This matter involves Respondents’ 

advertising, promotion and sale of the 

movie-viewing subscription service 

‘‘MoviePass,’’ which offered consumers 

access to one movie per day at their 

local movie theaters for a monthly 

subscription price. The FTC complaint 

challenges two aspects of Respondents’ 

marketing of MoviePass: 

First, the complaint alleges that 

Respondents’ offer of one movie per day 

was deceptive due to several measures 

Respondents took to prevent consumers 

from using the service as promised— 

measures that included invalidating 

certain consumers’ passwords, adding a 

difficult and defective ticket verification 

procedure to view movies, and placing 

undisclosed usage caps on frequent 

users. 

The complaint alleges that this 

conduct violated two laws the FTC 

enforces. First, the FTC alleges the 

conduct to be a ‘‘deceptive act[ ] or 

practice[ ]’’ that violates Section 5(a) of 

the Federal Trade Commission Act 

(‘‘FTC Act’’), 15 U.S.C. 45(a). The 

conduct described above was deceptive 

because Respondents engaged in it to 

prevent consumers from using 

MoviePass once per day as advertised. 

Second, the FTC alleges that 

Respondents violated the Restore 

Online Shoppers’ Confidence Act 

(‘‘ROSCA’’), 15 U.S.C. 8403, through the 

same conduct by failing to disclose the 

steps that they took to prevent 

consumers from using MoviePass once 

per day. This failure violated ROSCA in 

two ways—by failing to disclose all 

material terms of the transaction as 

required by 15 U.S.C. 8403(1) and by 

failing to secure consumers’ express 

informed consent to the transaction 

before charging their financial accounts 

as required by 15 U.S.C. 8403(2). 

In addition to the deceptive marketing 

of MoviePass’s ‘‘one movie per day’’ 

service, the complaint further alleges 

that Respondents MoviePass, Inc., 

Helios, and Lowe misrepresented the 

data security measures they took to 

protect consumers’ personal information 

against unauthorized access. The 

complaint alleges that Respondents’ 

actions constitute unfair or 1 deceptive 

acts or practices and the making of false 

advertisements, in violation of Section 

5(a) of the FTC Act. 

The Proposed Order is designed to 

prevent Respondents from engaging in 

similar acts or practices in the future. It 

includes injunctive relief to address 

these alleged violations and to prohibit 

similar and related conduct: 

• Part I prohibits Respondents from 

future misrepresentations similar to 

those at issue in the complaint by 

prohibiting them from misrepresenting 

that: 

Æ A service will allow consumers to 

view one movie per day at their local 

theaters; 

Æ A service will allow consumers to 

view any movie, in any theater, at any 

time; and 

Æ Respondents will take reasonable 

administrative, technical, physical, or 

managerial measures to protect 

consumers’ personal information from 

unauthorized access. 

• Part I also features ancillary relief 

relating to the challenged conduct by 

prohibiting misrepresentations relating 

to (1) the total costs to purchase, 

receive, or use, and the quantity of, any 

good or service, (2) any material 

restrictions, limitations, or conditions to 

purchase, receive, or use the product or 

service, (3) the extent to which 

Respondents otherwise protect the 

privacy, security, availability, 

confidentiality, or integrity of 

consumers’ personal information, and 

(4) any other material fact. 

• Parts II–VI provide ancillary relief 

relating to the data security practices of 

MoviePass, Inc., Helios, and Lowe. The 

provisions thus only apply to businesses 

these three respondents operate. 

Æ Part II requires a comprehensive 

information security program for any 

enterprise that collects consumers’ 

personal information, requiring among 

other things: 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Notices 32041 

1WHO Technical Report Series 1012, 2018; Page 

6. 

2Fooks AR, Banyard AC, Horton DL, Johnson N, 

McElhinney LM, Jackson AC. Current status of 

rabies and prospects for elimination. Lancet 

2014;384:1389–99. 

3Although the statute assigns authority to the 

Surgeon General, all statutory powers and functions 

of the Surgeon General were transferred to the 

Secretary of HHS in 1966, 31 FR 8855, 80 Stat. 1610 

(June 25, 1966), see also Public Law 96–88, 509(b), 

October 17, 1979, 93 Stat. 695 (codified at 20 U.S.C. 

3508(b)). The Secretary has retained these 

authorities despite the reestablishment of the Office 

of the Surgeon General in 1987. 

4https://www.cdc.gov/importation/bringing-ananimal-into-the-united-states/vaccinecertificate.html. 

D That the information security 

program contain safeguards that are 

based on the volume and sensitivity of 

the personal information at risk; 

D That testing and monitoring of the 

safeguards are conducted regularly but 

no less often than once a year; and 

D That the information security 

program be documented, evaluated, and 

adjusted in light of any changes to 

business operations or new 

technological advancements. 

Æ Parts III and IV respectively require 

the three respondents (1) to obtain an 

initial and then biennial third-party 

information security assessments and 

(2) to cooperate with the third parties 

conducting the assessments. 

Æ Part V requires the three 

respondents to report to the 

Commission any event involving 

consumers’ personal information that 

constitutes a reportable event to any 

U.S. federal, state, or local government 

authority. 

Æ Part VI mandates that the three 

respondents submit an annual 

certification regarding their compliance 

with the Proposed Order’s data security 

requirements. 

• Parts VII through XI are reporting 

and compliance provisions. Part VII 

mandates that all Respondents 

acknowledge receipt of the Proposed 

Order and, for 20 years, distribute the 

Proposed Order to certain employees 

and agents and secure acknowledgments 

from recipients of the Proposed Order. 

Part VIII requires that Respondents 

submit compliance reports to the FTC 

one year after the order’s issuance and 

submit additional reports when certain 

events occur. Part IX requires that, for 

20 years, Respondents create certain 

records and retain them for at least 5 

years. Part X provides for the FTC’s 

continued compliance monitoring of 

Respondents’ activity during the 

Proposed Order’s effective dates. Part XI 

is a provision ‘‘sunsetting’’ the Proposed 

Order after 20 years, with certain 

exceptions. Respondents MoviePass, 

Inc. and Helios are exempt from 

Sections II–X of the Proposed Order 

until their bankruptcy cases are closed, 

and these bankruptcies led the FTC to 

not seek a monetary judgment in this 

matter. 

The purpose of this analysis is to 

facilitate 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. 

Joel Christie, 

Acting Secretary. 

[FR Doc. 2021–12701 Filed 6–15–21; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

Temporary Suspension of Dogs 

Entering the United States From HighRisk Rabies Countries 

AGENCY: Centers for Disease Control and 

Prevention (CDC), Department of Health 

and Human Services (HHS). 

ACTION: Notice. 

SUMMARY: The Centers for Disease 

Control and Prevention (CDC) within 

the Department of Health and Human 

Services (HHS) announces a temporary 

suspension in the importation of dogs 

from high-risk rabies-enzootic countries 

(hereinafter referred to as high-risk 

country or countries) into the United 

States. Due to the unprecedented global 

response to the Coronavirus Disease 

2019 (COVID–19) pandemic and limited 

availability of public health resources at 

the Federal, state, and local level, this 

action is necessary to protect the public 

health against the reintroduction of 

canine rabies virus variant (CRVV) into 

the United States and to ensure the 

welfare of dogs being imported into the 

U.S. This suspension, with limited 

exceptions, includes dogs imported 

from low-risk or CRVV-free countries if 

the dogs have been in any high-risk 

countries during the previous six 

months. 

DATES: This notice is effective July 14, 

2021. 

FOR FURTHER INFORMATION CONTACT: For 

information regarding this notice 

contact: Ashley C. Altenburger, J.D., 

Division of Global Migration and 

Quarantine, Centers for Disease Control 

and Prevention, 1600 Clifton Road NE, 

MS–H16–4, Atlanta, GA 30329 or 404– 

498–1600. 

For information regarding HHS/CDC 

regulations for the importation of dogs, 

please contact: Dr. Emily Pieracci, 

D.V.M., Division of Global Migration 

and Quarantine, Centers for Disease 

Control and Prevention, 1600 Clifton 

Road NE, MS–V–18–2, Atlanta, GA 

30329 or 404–498–1600. Either Mrs. 

Altenburger or Dr. Pieracci may also be 

reached by email at 

CDCAnimalImports@cdc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Authority 

Rabies, one of the deadliest zoonotic 

diseases, accounts for an estimated 

59,000 human deaths globally each 

year 1—which equates to one human 

death every 9 minutes. Canine rabies 

virus variant (CRVV) is responsible for 

98% of these deaths.2 The rabies virus 

can infect any mammal, and once 

clinical signs appear, the disease is 

almost always fatal.2 In September 2007, 

at the Inaugural World Rabies Day 

Symposium, HHS/CDC declared the 

United States to be free of CRVV. 

However, this rabies virus variant is still 

a serious public health threat in the 

more than 120 countries where CRVV 

remains enzootic. Preventing the entry 

of animals infected with CRVV into the 

United States is a public health priority. 

Under section 361 of the Public 

Health Service Act (PHS Act) (42 U.S.C. 

264), the Secretary of Health and 

Human Services may make and enforce 

such regulations as in the Secretary’s 

judgment are necessary to prevent the 

introduction, transmission, or spread of 

communicable diseases from foreign 

countries into the United States and 

from one State or possession into any 

other State or possession.3 Since at least 

1956, Federal quarantine regulations 

(currently found at 42 CFR 71.51) have 

controlled the entry of dogs into the 

United States. See 21 FR 9870, Dec. 12, 

1956. One of the principal goals of these 

regulations is to prevent the 

reintroduction and spread of CRVV into 

the United States. While the United 

States continues to have bat rabies 

lyssavirus (rabies viruses that are 

enzootic to bat populations) and 

multiple terrestrial variants of rabies 

circulating in wildlife species (e.g. fox, 

raccoon, skunk), it has been free of 

CRVV since 2007 and now focuses its 

regulatory efforts on preventing the 

reintroduction of this rabies variant. 

Under 42 CFR 71.51, all dogs 

admitted into the United States must be 

accompanied by a valid rabies 

vaccination certificate.4 This 


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