23352 Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Notices 

5 15 U.S.C. 78f(b)(5). 

6 15 U.S.C. 78s(b)(3)(A). 

7 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6) requires a self-regulatory organization to give 

the Commission written notice of its intent to file 

the proposed rule change at least five business days 

prior to the date of filing of the proposed rule 

change, or such shorter time as designated by the 

Commission. The Exchange has satisfied this 

requirement. 8 17 CFR 200.30–3(a)(12). 

objectives of Section 6(b)(5) of the Act 5

in particular, in that it is designed to 

prevent fraudulent and manipulative 

acts and practices, to promote just and 

equitable principles of trade, to foster 

cooperation and coordination with 

persons engaged in facilitating 

transactions in securities, and to remove 

impediments to and perfect the 

mechanisms of a free and open market 

and a national market system, and, in 

general, to protect investors and the 

public interest, by mitigating risks to 

market participants of human error in 

entering orders at clearly unintended 

prices. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

NASDAQ does not believe that the 

proposed rule change will result in any 

burden on competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act, as amended. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

Written comments were neither 

solicited nor received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the foregoing proposed rule 

change does not: (i) Significantly affect 

the protection of investors or the public 

interest; (ii) impose any significant 

burden on competition; and (iii) become 

operative for 30 days after the date of 

the filing, or such shorter time as the 

Commission may designate, it has 

become effective pursuant to Section 

19(b)(3)(A) of the Act 6 and Rule 19b– 

4(f)(6) 7 thereunder. 

At any time within 60 days of the 

filing of the proposed rule change, the 

Commission summarily may 

temporarily suspend such rule change if 

it appears to the Commission that such 

action is necessary or appropriate in the 

public interest, for the protection of 

investors, or otherwise in furtherance of 

the purposes of the Act. If the 

Commission takes such action, the 

Commission shall institute proceedings 

to determine whether the proposed rule 

should be approved or disapproved. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed rule 

change is consistent with the Act. 

Comments may be submitted by any of 

the following methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number SR–NASDAQ–2011–053 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth M. Murphy, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–1090. 

All submissions should refer to File 

Number SR–NASDAQ–2011–053. This 

file number should be included on the 

subject line if e-mail is used. To help the 

Commission process and review your 

comments more efficiently, please use 

only one method. The Commission will 

post all comments on the Commission’s 

Internet Web site (http://www.sec.gov/ 

rules/sro.shtml). Copies of the 

submission, all subsequent 

amendments, all written statements 

with respect to the proposed rule 

change that are filed with the 

Commission, and all written 

communications relating to the 

proposed rule change between the 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for website viewing and 

printing in the Commission’s Public 

Reference Room, 100 F Street, NE., 

Washington, DC 20549, on official 

business days between the hours of 10 

a.m. and 3 p.m. Copies of the filing also 

will be available for inspection and 

copying at the principal offices of the 

Exchange. All comments received will 

be posted without change; the 

Commission does not edit personal 

identifying information from 

submissions. You should submit only 

information that you wish to make 

available publicly. 

All submissions should refer to File 

Number SR–NASDAQ–2011–053 and 

should be submitted on or before May 

16, 2011. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.8

Cathy H. Ahn, 

Deputy Secretary. 

[FR Doc. 2011–9971 Filed 4–25–11; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

[Public Notice 7400] 

U.S. Advisory Commission on Public 

Diplomacy; Notice of Meeting 

The U.S. Advisory Commission on 

Public Diplomacy will hold a public 

meeting from 9 a.m. to 11 a.m. on May 

12, 2011, in Conference Room 1107 of 

the State Department’s Harry S Truman 

building at 2201 C Street, NW. 

The Commission will hear an update 

on the ‘‘strategic framework’’ on public 

diplomacy released in March 2010 and 

discuss whether U.S. Public diplomacy 

is striking the right balance when 

engaging youth, elite, online or offline 

audiences. The Commission welcomes 

commentary from the public on these 

and other topics relevant to its mission. 

This meeting is open to the public, 

the State Department, Defense 

Department, Congress, and other 

organizations. Seating is limited. To 

attend or request further information, 

contact the Commission at (202) 203– 

7463 or pdcommission@state.gov by 5 

p.m. on May 9, 2011. Please arrive for 

the meeting by 8:45 a.m. 

As access to the Department of State 

is controlled, members of the public 

wishing to attend the meeting must 

notify the Commission, no later than 5 

p.m., May 9, 2011, providing the 

information below. If notified after this 

date, the Department’s Bureau of 

Diplomatic Security may not be able to 

complete the necessary processing 

required to attend the meeting. Any 

person requesting reasonable 

accommodation should notify the 

Commission by the same date. 

Each member of the public wishing to 

attend the meeting should provide: his/ 

her name, company or organizational 

affiliation; phone number; date of birth; 

and identifying data such as driver’s 

license number, U.S. Government ID, or 

U.S. Military ID, to the Commission. A 

RSVP list will be provided to 

Diplomatic Security. One of the 

following forms of valid photo 

identification will be required for 

admission to the Department of State 

building: U.S. driver’s license, passport, 

U.S. Government ID or other valid photo 

ID. Personal data is requested pursuant 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Notices 23353 

to Public Law 99–399 (Omnibus 

Diplomatic Security and Antiterrorism 

Act of 1986), as amended; Public Law 

107–56 (USA PATRIOT Act); and 

Executive Order 13356. The purpose of 

the collection is to validate the identity 

of individuals who enter Department 

facilities. The data will be entered into 

the Visitor Access Control System 

(VACS–D) database. Please see the 

Privacy Impact Assessment for VACS–D 

at http://www.state.gov/documents/ 

organization/100305.pdf for additional 

information. 

The U.S. Advisory Commission on 

Public Diplomacy is charged with 

appraising U.S. Government activities 

intended to understand, inform, and 

influence foreign publics and 

submitting reports on the same to the 

President, the Secretary of State, and the 

Congress. The Commission may conduct 

studies, inquiries, and meetings, as it 

deems necessary. It may assemble and 

disseminate information and issue 

reports and other publications, subject 

to the approval of the Chairperson, in 

consultation with the Executive 

Director. 

The members of the Commission are: 

William Hybl of Colorado, Chairman; 

Ambassador Lyndon Olson of Texas, 

Vice Chairman; Jay Snyder of New York; 

Ambassador Penne Korth-Peacock of 

Texas; John Osborn of Pennsylvania; 

and Lezlee Westine of Virginia. The 

seventh seat on the Commission is 

currently vacant. 

The following individuals are 

nominated to the Commission but await 

Senate confirmation as of this writing: 

Ambassador Ryan Crocker of Texas, Sim 

Farar of California, and Anne Wedner of 

Illinois. 

The Commission is a bipartisan panel 

established under Section 604 of the 

United States Information and 

Educational Exchange Act of 1948, 

commonly known as the Smith-Mundt 

Act, as amended (22 U.S.C. 1469) and 

Section 8 of Reorganization Plan 

Numbered 2 of 1977. The U.S. Advisory 

Commission on Public Diplomacy is 

authorized by Public Law 101–246 

(2009), 22 U.S.C. 6553, and has been 

further authorized through September 

20, 2011. 

Dated: April 18, 2011. 

Matthew C. Armstrong, 

Executive Director, Department of State. 

[FR Doc. 2011–10074 Filed 4–25–11; 8:45 am] 

BILLING CODE 4710–11–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Public Meeting: U.S. Registration of 

Aircraft in the Name of Owner Trustees 

AGENCY: Federal Aviation 

Administration. 

ACTION: Notice of public meeting. 

SUMMARY: The FAA will be holding a 

public meeting on Wednesday, June 1, 

2011, on the U.S. registration of aircraft 

in the name of owner trustees. The FAA 

is seeking the views from the public 

with respect to the use of owner trusts 

to register aircraft for the benefit of 

beneficiaries that are neither U.S. 

citizens nor resident aliens. 

DATES: The meeting will be held on 

Wednesday, June 1, 2011, beginning at 

9 a.m. Central Time and ending no later 

than 5 p.m. Central Time. 

ADDRESSES: The meeting will be held at 

the Marriott Renaissance Convention 

Center Hotel, 10 North Broadway 

Avenue, Oklahoma City, OK 73102, 

Phone 405–228–8000 or 1–800–468– 

3571. 

FOR FURTHER INFORMATION CONTACT: 

LaDeana Peden at 405–954–3296, Office 

of Aeronautical Center Counsel, Federal 

Aviation Administration. [Assistance for 

the hearing impaired is available 

through the Sign Language Resource 

Service (SLRS), Inc. at: 1–888–842–9460 

or 405–721–0800 or http:// 

www.SLRSinc.com.] 

SUPPLEMENTARY INFORMATION: During the 

first part of the meeting, FAA will 

review the provisions of 49 U.S.C. 

44102 and 14 CFR 47.7(c) and identify 

the issues that are relevant to 

compliance with those statutory and 

regulatory requirements in the context 

of trusts with foreign beneficiaries. The 

second part of the meeting will provide 

an opportunity for attendees to provide 

their views to the FAA regarding the 

appropriate application of the statute 

and regulations in this context and, in 

particular, to answer the specific 

questions set forth below. At some later 

time, after considering comments made 

during the meeting, FAA will notify the 

public about any further action it 

contemplates taking. 

Background: The Federal Aviation 

Administration has a history of 

registering U.S. civil aircraft to trustees, 

some of which have beneficiaries that 

are neither U.S. citizens nor resident 

aliens. Title 49 U.S.C. 44102 describes 

the conditions under which an aircraft 

may be registered on the U.S. Civil 

Aircraft Registry under 49 U.S.C. 44103: 

the aircraft may not be registered under 

the laws of a foreign country and must 

be owned by a citizen of the United 

States (See 49 U.S.C. 40102), a foreign 

citizen lawfully admitted for permanent 

residence in the United States, or a 

foreign corporation that is organized 

and doing business under the laws of 

the United States or a State and the 

aircraft is based and primarily used in 

the United States. In addition, 14 CFR 

47.7 makes special provision for trustees 

to register aircraft and, when any 

beneficiary of the trust is not a U.S. 

citizen or a resident alien, imposes 

additional requirements and limitations 

with respect to the power of such 

beneficiaries to influence or limit the 

exercise of the trustee’s authority or to 

direct or remove a trustee. In addition, 

the Federal Aviation Regulations 

impose particular obligations on the 

owners (and not just the pilots in 

command and operators) of aircraft (See 

14 CFR 91.403(a)). 

The FAA has issued several 

interpretations of its regulations as they 

apply to the relationship and 

permissible interactions between a 

trustee and beneficiaries that are not 

U.S. citizens or resident aliens, two of 

which have held that ‘‘there can be no 

other relationship between the trustee 

and beneficiaries other than that created 

by the trust. For example, there cannot 

be a lessor/lessee or bailor/bailee 

relationship.’’ (Interpretation 1981–56; 

similarly: Interpretation 1982–6). 

In order to clarify the appropriate 

interpretation and application of the 

statutes and FAA regulations in 

connection with the U.S. registration of 

aircraft to owner trusts with 

beneficiaries that are neither U.S. 

citizens nor resident aliens, the FAA 

seeks a discussion with interested 

members of the public. In order to have 

a robust and productive discussion with 

members of the public, the FAA 

presents the following questions and 

scenarios in order to highlight some of 

the salient issues around which it 

desires discussion. 

Trust Registration Questions: At this 

meeting, the FAA is seeking the views 

from the public on the appropriate 

structures for using a trust to register an 

aircraft for the benefit of a beneficiary 

that is not a U.S. citizen or resident 

alien. The FAA would like to hear from 

members of the public on how a trust 

can be structured and implemented for 

purposes of aircraft registrations that 

satisfy statutory and regulatory 

requirements regarding ownership and 

U.S. citizenship. Simply expressed, 

which practices and contractual 

provisions must exist, and which 

practices and contractual provisions 

must be prohibited, in order to satisfy 


srobinson on DSKHWCL6B1PROD with NOTICES