Federal Register / Vol. 77, No. 67 / Friday, April 6, 2012 / Proposed Rules 20747 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would not have a 

substantial direct effect on the States, on 

the relationship between the national 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this proposed regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); 

3. Will not affect intrastate aviation in 

Alaska; and 

4. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

Bombardier, Inc.: Docket No. FAA–2012– 

0328; Directorate Identifier 2011–NM– 

259–AD. 

(a) Comments Due Date 

We must receive comments by May 21, 

2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Bombardier, Inc. Model 

CL–600–2B19 (Regional Jet Series 100 & 440) 

airplanes, certificated in any category; serial 

numbers 7003 through 7067 inclusive, 7069 

through 7990 inclusive, and 8000 through 

8112 inclusive. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 71: Powerplant. 

(e) Reason 

This AD was prompted by reports of 

jamming/malfunctioning of the left-hand 

engine thrust control mechanism. We are 

issuing this AD to prevent jamming/ 

malfunctioning of the left-hand engine thrust 

control mechanism, which could lead to loss 

of control of the airplane. 

(f) Compliance 

You are responsible for having the actions 

required by this AD performed within the 

compliance times specified, unless the 

actions have already been done. 

(g) Actions 

Within 36 months or 6,000 flight hours 

after the effective date of this AD, whichever 

occurs first: Modify the left-hand engine 

upper core-cowl, in accordance with the 

Accomplishment Instructions of Bombardier 

Service Bulletin 601R–71–033, dated August 

24, 2011. 

(h) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, New York Aircraft 

Certification Office (ACO), ANE–170, FAA, 

has the authority to approve AMOCs for this 

AD, if requested using the procedures found 

in 14 CFR 39.19. In accordance with 14 CFR 

39.19, send your request to your principal 

inspector or local Flight Standards District 

Office, as appropriate. If sending information 

directly to the New York ACO, send it to 

ATTN: Program Manager, Continuing 

Operational Safety, FAA, New York ACO, 

1600 Stewart Avenue, Suite 410, Westbury, 

New York 11590; telephone 516–228–7300; 

fax 516–794–5531. Before using any 

approved AMOC, notify your appropriate 

principal inspector, or lacking a principal 

inspector, the manager of the local flight 

standards district office/certificate holding 

district office. The AMOC approval letter 

must specifically reference this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(i) Related Information 

Refer to MCAI Canadian Airworthiness 

Directive CF–2011–38, dated October 19, 

2011; and Bombardier Service Bulletin 601R– 

71–033, dated August 24, 2011; for related 

information. 

Issued in Renton, Washington, on March 

15, 2012. 

John P. Piccola, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–8221 Filed 4–5–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2012–0316; Airspace 

Docket No. 12–ANM–1] 

Proposed Amendment of Class E 

Airspace; Billings, MT 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

modify Class E airspace at Billings 

Logan International Airport, Billings, 

MT, to accommodate aircraft using Area 

Navigation (RNAV) Global Positioning 

System (GPS) standard instrument 

approach procedures at Billings Logan 

International Airport. This action also 

would make a minor adjustment to the 

geographic coordinates of the airport. 

The FAA is proposing this action to 

enhance the safety and management of 

Instrument Flight Rules (IFR) operations 

at the airport. 

DATES: Comments must be received on 

or before May 21, 2012. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590; 

telephone (202) 366–9826. You must 

identify FAA Docket No. FAA–2012– 

0316; Airspace Docket No. 12–ANM–1, 

at the beginning of your comments. You 

may also submit comments through the 

Internet at 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 


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20748 Federal Register / Vol. 77, No. 67 / Friday, April 6, 2012 / Proposed Rules 

Lind Avenue SW., Renton, WA 98057; 

telephone (425) 203–4537. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers (FAA Docket No. FAA 

2012–0316 and Airspace Docket No. 12– 

ANM–1) and be submitted in triplicate 

to the Docket Management System (see 

ADDRESSES section for address and 

phone number). You may also submit 

comments through the Internet at 

http://www.regulations.gov. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this action must submit with those 

comments a self-addressed stamped 

postcard on which the following 

statement is made: ‘‘Comments to FAA 

Docket No. FAA–2012–0316 and 

Airspace Docket No. 12–ANM–1’’. The 

postcard will be date/time stamped and 

returned to the commenter. 

All communications received on or 

before the specified closing date for 

comments will be considered before 

taking action on the proposed rule. The 

proposal contained in this action may 

be changed in light of comments 

received. All comments submitted will 

be available for examination in the 

public docket both before and after the 

closing date for comments. A report 

summarizing each substantive public 

contact with FAA personnel concerned 

with this rulemaking will be filed in the 

docket. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

Internet at http://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s Web page at http:// 

www.faa.gov/airports_airtraffic/ 

air_traffic/publications/ 

airspace_amendments/. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office (see the 

ADDRESSES section for the address and 

phone number) between 9 a.m. and 

5 p.m., Monday through Friday, except 

federal holidays. An informal docket 

may also be examined during normal 

business hours at the Northwest 

Mountain Regional Office of the Federal 

Aviation Administration, Air Traffic 

Organization, Western Service Center, 

Operations Support Group, 1601 Lind 

Avenue SW., Renton, WA 98057. 

Persons interested in being placed on 

a mailing list for future NPRMs should 

contact the FAA’s Office of Rulemaking, 

(202) 267–9677, for a copy of Advisory 

Circular No. 11–2A, Notice of Proposed 

Rulemaking Distribution System, which 

describes the application procedure. 

The Proposal 

The FAA is proposing an amendment 

to Title 14 Code of Federal Regulations 

(14 CFR) Part 71 by modifying Class E 

airspace extending upward from 700 

feet above the surface at Billings Logan 

International Airport, Billings, MT. 

Controlled airspace is necessary to 

accommodate aircraft using RNAV 

(GPS) standard instrument approach 

procedures at Billings Logan 

International Airport. Also, the 

geographic coordinates of the airport 

would be updated to coincide with the 

FAA’s aeronautical database. This 

action would enhance the safety and 

management of IFR operations at the 

airport. 

Class E airspace designations are 

published in paragraph 6005, of FAA 

Order 7400.9V, dated August 9, 2011, 

and effective September 15, 2011, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document will be 

published subsequently in this Order. 

The FAA has determined this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. 

Therefore, this proposed regulation; (1) 

is not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified this proposed rule, when 

promulgated, would not have a 

significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the U.S. Code. Subtitle 1, 

Section 106, describes the authority for 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the agency’s 

authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of the airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it would 

modify controlled airspace at Billings 

Logan International Airport, Billings, 

MT. 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1E, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me, the Federal 

Aviation Administration proposes to 

amend 14 CFR Part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

1. The authority citation for 14 CFR 

Part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR 71.1 of the Federal Aviation 

Administration Order 7400.9V, Airspace 

Designations and Reporting Points, 

dated August 9, 2011, and effective 

September 15, 2011 is amended as 

follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ANM MT E5 Billings, MT [Modified] 

Billings Logan International Airport, MT 

(Lat. 45°48′28′′ N., long. 108°32′34′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 16-mile radius 

of Billings Logan International Airport; that 

airspace extending upward from 1,200 feet 

above the surface within a 63-mile radius of 

the Billings Logan International Airport. 


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Federal Register / Vol. 77, No. 67 / Friday, April 6, 2012 / Proposed Rules 20749 

1 Investment Company Advertising: Target Date 

Retirement Fund Names and Marketing, Securities 

Act Release No. 9126 (June 16, 2010) [75 FR 35920 

(June 23, 2010)]. 

2See Comment File No. S7–12–10, available at 

http://www.sec.gov/comments/s7-12-10/ 

s71210.shtml. 

Issued in Seattle, Washington, on March 

29, 2012. 

John Warner, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2012–8245 Filed 4–5–12; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Parts 230 and 270 

[Release Nos. 33–9309; 34–66720; IC– 

30026; File No. S7–12–10] 

RIN 3235–AK50 

Investment Company Advertising: 

Target Date Retirement Fund Names 

and Marketing 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Proposed rule; reopening of 

comment period. 

SUMMARY: The Securities and Exchange 

Commission is reopening the period for 

public comment on amendments it 

originally proposed in Securities Act 

Release No. 9126 to allow interested 

persons to submit comments on the 

results of investor testing regarding 

target date retirement funds. The rule 

proposal would, if adopted, require a 

target date retirement fund that includes 

the target date in its name to disclose 

the fund’s asset allocation at the target 

date immediately adjacent to the first 

use of the fund’s name in marketing 

materials; require marketing materials 

for target date retirement funds to 

include a table, chart, or graph depicting 

the fund’s asset allocation over time, 

together with a statement that would 

highlight the fund’s final asset 

allocation; require a statement in 

marketing materials to the effect that a 

target date retirement fund should not 

be selected based solely on age or 

retirement date, is not a guaranteed 

investment, and the stated asset 

allocations may be subject to change; 

and provide additional guidance 

regarding statements in marketing 

materials for target date retirement 

funds and other investment companies 

that could be misleading. 

DATES: The comment period for the 

proposed rule published June 23, 2010, 

at 75 FR 35920, is reopened. Comments 

should be received on or before May 21, 

2012. 

ADDRESSES: Comments may be 

submitted by any of the following 

methods: 

Electronic Comments 

• Use the Commission’s Internet 

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

rules/proposed.shtml); 

• Send an email to rulecomments@sec.gov. Please include File 

No. S7–12–10 on the subject line; or 

• Use the Federal eRulemaking Portal 

(http://www.regulations.gov). Follow the 

instructions for submitting comments. 

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 S7–12–10. This file number 

should be included on the subject line 

if email is used. To help us 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/ 

proposed.shtml). Comments are also 

available for Web site 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. All comments 

received will be posted without change; 

we do not edit personal identifying 

information from submissions. You 

should submit only information that 

you wish to make available publicly. 

FOR FURTHER INFORMATION CONTACT: J. 

Matthew DeLesDernier, AttorneyAdviser, at (202) 551–6792, Office of 

Regulatory Policy, Division of 

Investment Management, Securities and 

Exchange Commission, 100 F Street NE., 

Washington, DC 20549–8549. 

SUPPLEMENTARY INFORMATION: The 

Securities and Exchange Commission 

(‘‘Commission’’) is reopening the period 

for public comment on proposed rule 

amendments that are intended to 

provide enhanced information to 

investors concerning target date 

retirement funds and reduce the 

potential for investors to be confused or 

misled regarding these and other 

investment companies. These 

amendments were proposed on June 16, 

2010,1 and the comment period initially 

closed on August 23, 2010. The 

Commission’s proposal would, if 

adopted, amend rule 482 under the 

Securities Act of 1933 and rule 34b–1 

under the Investment Company Act of 

1940 to require a target date retirement 

fund that includes the target date in its 

name to disclose the fund’s asset 

allocation at the target date immediately 

adjacent to the first use of the fund’s 

name in marketing materials. The 

proposal also would amend rule 482 

and rule 34b–1 to require marketing 

materials for target date retirement 

funds to include a table, chart, or graph 

depicting the fund’s asset allocation 

over time, together with a statement that 

would highlight the fund’s final asset 

allocation. In addition, the proposal 

would amend rule 482 and rule 34b–1 

to require a statement in marketing 

materials to the effect that a target date 

retirement fund should not be selected 

based solely on age or retirement date, 

is not a guaranteed investment, and the 

stated asset allocations may be subject 

to change. Finally, the proposal would 

amend rule 156 under the Securities Act 

to provide additional guidance 

regarding statements in marketing 

materials for target date retirement 

funds and other investment companies 

that could be misleading. 

The Commission recently engaged a 

consultant to conduct empirical 

research on individual investors’ 

understanding of target date retirement 

funds and marketing materials related to 

those funds. Investors participating in 

an online survey were asked questions 

about, among other things, documents 

containing information about a 

hypothetical target date retirement fund, 

including information that would be 

required by the proposed amendments, 

if adopted. We have placed in the 

comment file for the proposed rule 

amendments the consultant’s report 

concerning the online survey.2 In order 

to provide all persons who are 

interested in this matter an opportunity 

to comment on this additional material, 

we believe that it is appropriate to 

reopen the comment period before we 

take action on the proposal. 

We invite additional comment on the 

proposal in light of this material, and on 

any other matters that may have an 

effect on the proposal. 

Accordingly, we will extend the 

comment period until May 21, 2012. 

Dated: April 3, 2012. 

By the Commission. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2012–8348 Filed 4–5–12; 8:45 am] 

BILLING CODE 8011–01–P 


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