60846 Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Notices 

12The Commission has not, to date, adopted rules 

concerning other significant matters where 

uninstructed broker votes should be prohibited, 

although it may do so in the future. Should the 

Commission adopt such rules, we would expect 

Nasdaq to adopt coordinating rules promptly to 

comply with the statute. 

13As the Commission stated in approving NYSE 

rules prohibiting broker voting in the election of 

directors, having those with an economic interest in 

the company vote the shares, rather than the broker 

who has no such economic interest, furthers the 

goal of enfranchising shareholders. See Securities 

Exchange Act Release No. 60215 (July 1, 2009), 74 

FR 33293 (July 10, 2009) (SR–NYSE–2006–92). 

14 15 U.S.C. 78s(b)(2). 

15 15 U.S.C. 78s(b)(2). 

16 17 CFR 200.30–3(a)(12). 

from the beneficial owner of the 

shares.12

The Commission believes that the 

proposal is consistent with Section 

6(b)(5) of the Act because the proposal 

will further investor protection and the 

public interest by assuring that 

shareholder votes on the election of the 

board of directors of an issuer (except 

for a vote with respect to the 

uncontested election of a member of the 

board of directors of any investment 

company registered under the 

Investment Company Act of 1940) and 

on executive compensation matters are 

made by those with an economic 

interest in the company, rather than by 

a broker that has no such economic 

interest, which should enhance 

corporate governance and accountability 

to shareholders.13

Based on the above, the Commission 

finds that the Nasdaq proposal will 

further the purposes of Sections 6(b)(5) 

and 6(b)(10) of the Act because it should 

enhance corporate accountability to 

shareholders while also serving to fulfill 

the Congressional intent in adopting 

Section 6(b)(10) of the Act. 

The Commission also finds good 

cause, pursuant to Section 19(b)(2) of 

the Act,14 for approving the proposed 

rule change prior to the 30th day after 

the date of publication of notice in the 

Federal Register. Section 6(b)(10) of the 

Act, enacted under Section 957 of the 

Dodd-Frank Act, does not provide for a 

transition phase, and requires rules of 

national securities exchanges to prohibit 

broker voting on the election of a 

member of the board of directors of an 

issuer (except for a vote with respect to 

the uncontested election of a member of 

the board of directors of any investment 

company registered under the 

Investment Company Act of 1940), 

executive compensation, or any other 

significant matter, as determined by the 

Commission by rule. The Commission 

believes that good cause exists to grant 

accelerated approval to the Exchange’s 

proposal, because it will conform 

Nasdaq Rule 2251 to the requirements of 

Section 6(b)(10) of the Act. 

V. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,15 that the 

proposed rule change (SR–Nasdaq– 

2010–114) be, and it hereby is, approved 

on an accelerated basis. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.16

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–24606 Filed 9–30–10; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF STATE 

[Public Notice 7164] 

Notice of Intent To Establish the 

President’s Emergency Plan for AIDS 

Relief (PEPFAR) Scientific Advisory 

Board, Hereinafter Referred to as ‘‘the 

Board’’ 

SUMMARY: This is a notice of intent to 

establish The President’s Emergency 

Plan for AIDS Relief (PEPFAR) 

Scientific Advisory Board, hereinafter 

referred to as ‘‘the Board.’’ 

The Board serves the Global AIDS 

Coordinator (‘‘the Coordinator’’) in a 

solely advisory capacity concerning 

scientific, implementation, and policy 

issues related to the global response to 

HIV/AIDS. These issues will be of 

concern as they influence the priorities 

and direction of PEPFAR evaluation and 

research, the content of national and 

international strategies and 

implementation, and the role of 

PEPFAR in the international discourse 

regarding appropriate and resourced 

responses. 

The Board will be composed of 25 to 

30 members appointed by the 

Coordinator, representing U.S. 

Government and non-U.S. Government 

personnel. The membership will be 

representative of the HIV/AIDS 

community, academia, international 

experts, partner government 

representatives, multilateral and 

bilateral agency representatives, 

foundations, advocates, and nongovernmental organizations. Members 

who are not U.S. employees will be 

representative members. 

Public notice of all meetings of the 

Panel will be provided in the Federal 

Register in accordance with the FACA. 

FOR FURTHER INFORMATION CONTACT: Paul 

D. Bouey, Office of the U.S. Global AIDS 

Coordinator, Washington, DC 20037, 

BoueyPD@state.gov. 

This certification will be published in 

the Federal Register. 

Dated: September 27, 2010. 

Paul D. Bouey, 

Deputy Coordinator, Office of the U.S. Global 

AIDS Coordinator, Department of State. 

[FR Doc. 2010–24691 Filed 9–30–10; 8:45 am] 

BILLING CODE 4710–10–P 

DEPARTMENT OF STATE 

[Public Notice: 7184] 

Bureau of Consular Affairs; 

Registration for the Diversity 

Immigrant (DV–2012) Visa Program 

AGENCY: Department of State. 

ACTION: Notice. 

SUMMARY: This public notice provides 

information on how to apply for the 

DV–2012 Program. This notice is issued 

pursuant to 22 CFR 42.33(b)(3) which 

implements sections 201(a)(3), 201(e), 

203(c) and 204(a)(1)(I) of the 

Immigration and Nationality Act, as 

amended, (8 U.S.C. 1151, 1153, and 

1154(a)(1)(I)). 

Instructions for the 2012 Diversity 

Immigrant Visa Program (DV–2012) 

The congressionally mandated 

Diversity Immigrant Visa Program is 

administered on an annual basis by the 

Department of State and conducted 

under the terms of Section 203(c) of the 

Immigration and Nationality Act (INA). 

Section 131 of the Immigration Act of 

1990 (Pub. L. 101–649) amended INA 

203 and provides for a class of 

immigrants known as ‘‘diversity 

immigrants.’’ Section 203(c) of the INA 

provides a maximum of 55,000 Diversity 

Visas (DV) each fiscal year to be made 

available to persons from countries with 

low rates of immigration to the United 

States. 

The annual DV program makes 

permanent residence visas available to 

persons meeting the simple, but strict, 

eligibility requirements. A computergenerated random lottery drawing 

chooses selectees for Diversity Visas. 

The visas are distributed among six 

geographic regions with a greater 

number of visas going to regions with 

lower rates of immigration, and with no 

visas going to nationals of countries 

sending more than 50,000 immigrants to 

the United States over the period of the 

past five years. Within each region, no 

single country may receive more than 

seven percent of the available Diversity 

Visas in any one year. 

For DV–2012, natives of the following 

countries are not eligible to apply 

because the countries sent a total of 


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