Notice2026-18811
Self-Regulatory Organizations; Cboe BYX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rules 11.1(a), 11.9(b), and 11.23 To Add a New Time-in-Force Designation Known as “Regular til Post Market”
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 15, 2026
Issuing agencies
Securities and Exchange Commission
Full Text
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<title>Federal Register, Volume 91 Issue 177 (Tuesday, September 15, 2026)</title>
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[Federal Register Volume 91, Number 177 (Tuesday, September 15, 2026)]
[Notices]
[Pages 58514-58517]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18811]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-106320; File No. SR-CboeBYX-2026-030]
Self-Regulatory Organizations; Cboe BYX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Exchange Rules 11.1(a), 11.9(b), and 11.23 To Add a New Time-in-Force
Designation Known as ``Regular til Post Market''
September 10, 2026.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on August 28, 2026, Cboe BYX Exchange, Inc. (the ``Exchange'' or
``BYX'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
Cboe BYX Exchange, Inc. (``BYX'' or the ``Exchange'') proposes to
amend Exchange Rules 11.1(a), 11.9(b), and 11.23 to add a new Time-in-
Force (``TIF'') designation known as ``Regular til Post Market''
(``RTP''). The Exchange has designated the proposed rule change as
noncontroversial and provided the Commission with the notice required
by Rule 19b-4(f)(6)(iii) under the Act.\3\ The text of the proposed
rule change is provided in Exhibit 5.
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\3\ 17 CFR 240.19b-4(f)(6)(iii).
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The text of the proposed rule change is also available on the
Commission's website (<a href="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>), the
Exchange's website (<a href="https://www.cboe.com/us/equities/regulation/rule_filings/byx/">https://www.cboe.com/us/equities/regulation/rule_filings/byx/</a>), and at the principal office of the Exchange.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to amend Rule 11.9(b) (``Time-in-Force'') to
add a new TIF designation known as ``Regular `til Post Market'' or
``RTP.'' As proposed, an RTP order would be a limit order designated
for execution during both Regular Trading Hours \4\ and the After Hours
Trading Session,\5\ with any unexecuted portion expiring at the end of
the After Hours Trading Session. In connection with the introduction of
the RTP TIF, the Exchange also proposes conforming amendments to Rules
11.1(a) and 11.23 to reflect the availability of the RTP TIF across the
Exchange's order handling and opening process rules.
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\4\ See Exchange Rule 1.5(w). The term ``Regular Trading Hours''
shall mean the time between 9:30 a.m. and 4:00 p.m. Eastern Time.
\5\ See Exchange Rule 1.5(a). The After Hours Trading Session on
BYX runs from 4:00 p.m. to 8:00 p.m. Eastern Time.
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Currently, Rule 11.9(b) provides Users \6\ with the following TIF
options for order entry. An ``Immediate-or-Cancel'' (``IOC'') order \7\
is a limit order designated for immediate execution. Any unexecuted
portion of an IOC order is cancelled. A ``Day'' order \8\ is a limit
order designated for execution only during Regular Trading Hours on the
day it is entered. A ``Good, til Cancel'' (``GTC'') order \9\ is a
limit order which, if not executed, will be cancelled by the close of
Regular Trading Hours. A ``Good, til Day'' (``GTD'') order \10\ is a
limit order which, if not executed, will be cancelled at the expiration
time assigned to the order, which can be no later than the close of the
After Hours Trading Session. A ``Good, til Extended Day'' (``GTX'')
order \11\ is a limit order which, if not executed, will be cancelled
by the close of the After Hours Trading Session. A ``Fill-or-Kill''
(``FOK'') order \12\ is a limit order designated for immediate
execution in its entirety or cancellation as soon as it is received by
the Exchange. A ``Regular Hours Only'' (``RHO'') order \13\ is a limit
or market order designated for execution during Regular Trading Hours
only. A ``Pre-Opening Session Plus'' (``PRE'') order \14\ is a limit
order designated for execution only during the Pre-Opening Session \15\
and Regular Trading Hours. Any portion not executed expires at the end
of Regular Trading Hours. A ``Pre-Opening Session til Extended Day''
(``PTX'') order \16\ is a limit order designated for execution during
the Pre-Opening Session, Regular Trading Hours, and the After Hours
Trading Session. Any portion not executed expires at the end of the
After Hours Trading Session. A ``Pre-Opening Session til Day'' order
\17\ is a limit order designated for execution during the Pre-Opening
Session, Regular Trading Hours, and the After Hours Trading Session.
Any portion not executed will be cancelled at the expiration time
assigned to the order, which can be no later than the close of the
After Hours Trading Session. While BYX currently offers a wide range of
TIF designations, the Exchange does not presently offer a TIF that
specifically combines Regular Trading Hours with the After Hours
Trading Session in a single, dedicated designation.
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\6\ See Exchange Rule 1.5(cc). ``User'' is defined as ``any
Member or Sponsored Participant who is authorized to obtain access
to the System pursuant to Rule 11.3.'' The ``System'' is ``the
electronic communications and trading facility designated by the
Board through which securities orders of Users are consolidated for
ranking, execution and, when applicable, routing away.'' See
Exchange Rule 1.5(aa). The term ``Member'' means any registered
broker or dealer that has been admitted to membership in the
Exchange. See Exchange Rule 1.5(n).
\7\ See Exchange Rule 11.9(b)(1).
\8\ See Exchange Rule 11.9(b)(2).
\9\ See Exchange Rule 11.9(b)(3).
\10\ See Exchange Rule 11.9(b)(4).
\11\ See Exchange Rule 11.9(b)(5).
\12\ See Exchange Rule 11.9(b)(6).
\13\ See Exchange Rule 11.9(b)(7).
\14\ See Exchange Rule 11.9(b)(8).
\15\ See Exchange Rule 1.5(r). The term ``Pre-Opening Session''
shall mean the time between 8:00 a.m. and 9:30 a.m. Eastern Time.
\16\ See Exchange Rule 11.9(b)(9).
\17\ See Exchange Rule 11.9(b)(10).
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Against this backdrop, the Exchange proposes to introduce the RTP
TIF as a new, dedicated TIF option on BYX. As proposed, the RTP TIF
would permit a User to submit a single limit order that is eligible for
execution during Regular Trading Hours and that, if not fully executed
during Regular Trading Hours, would remain active and eligible for
execution during the After Hours Trading Session. Any portion of an RTP
order not executed by the end of the
[[Page 58515]]
After Hours Trading Session would expire. An RTP order may be modified
or cancelled in accordance with Rule 11.9(e) and order priority will be
determined pursuant to Rule 11.12(a), just as is the case for RHO
orders currently. The Exchange believes that adding the RTP TIF to its
suite of available TIF designations in Rule 11.9(b) would provide Users
with a convenient, single-instruction mechanism to participate in both
Regular Trading Hours and the After Hours Trading Session without the
need to submit separate orders for each session.
In connection with the introduction of the RTP TIF, the Exchange
also proposes to amend Rule 11.1(a) (``Hours of Trading and Trading
Days'') to add RTP to the list of TIF designations that are subject to
restrictions on order entry prior to 7:00 a.m. Eastern Time. Rule
11.1(a) currently provides that the Exchange will not accept, prior to
7:00 a.m. Eastern Time, among other orders, Minimum Quantity Orders
that also include a Time in Force of Regular Hours Only.\18\ Because an
RTP order, like an RHO order, is designed for execution during Regular
Trading Hours (and, in the case of RTP, extending into the After Hours
Trading Session), the Exchange proposes to add RTP to this restriction
so that Minimum Quantity Orders that also include a Time in Force of
RTP will also not be accepted prior to 7:00 a.m. Eastern Time. This
proposed change is consistent with the treatment of RHO orders and
ensures that orders combining the Minimum Quantity condition with the
RTP TIF are not entered into the System during the pre-7:00 a.m. period
before the applicable trading sessions for such orders have commenced.
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\18\ See Exchange Rule 11.1(a). Rule 11.1(a) provides in part
that the Exchange will not accept Minimum Quantity Orders that also
include a Time in Force of Regular Hours Only prior to 7:00 a.m.
Eastern Time.
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The Exchange also proposes amendments to Rule 11.23 (``Opening
Process'') to add RTP alongside RHO throughout that rule's provisions
governing eligibility for and participation in the Opening Process and
the Re-Opening Process.\19\ Specifically, the Exchange proposes to
amend Rule 11.23(a) to provide that, prior to the beginning of Regular
Trading Hours, Users wishing to participate in the Opening Process may
enter orders designated as either RHO or RTP. All existing restrictions
applicable to RHO orders in Rules 11.23(a)(1) and 11.23(a)(2) would
apply equally to RTP orders, including the restriction prohibiting BYX
Post Only Orders, ISOs, and Minimum Quantity Orders from participating
in the Opening Process. The Exchange further proposes to amend Rule
11.23(e)(1)(A) to provide that, consistent with non-RHO orders, non-RTP
orders will be eligible for participation in the Re-Opening Process
following a halt, subject to the same exceptions and limitations that
currently apply to non-RHO orders.\20\ These amendments ensure that the
RTP TIF is integrated consistently into the Exchange's opening and re-
opening processes for securities, on the same terms applicable to RHO
orders.
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\19\ See Exchange Rule 11.23(a). Currently, only orders
designated as RHO are eligible to participate in the Opening Process
for securities prior to the beginning of Regular Trading Hours.
\20\ See Exchange Rule 11.23(e)(1)(A). Currently, non-RHO orders
are eligible for participation in the Re-Opening Process, but IOC,
FOK, BYX Post Only Orders, and Minimum Quantity Orders will be
cancelled or rejected, and ISOs that are not IOC or FOK will be
converted.
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Comparison to Other Exchange Times-in-Force
The Exchange has also considered how other national securities
exchanges handle TIF requirements for order entry when it comes to
spanning the regular and after-hours trading sessions. NYSE Arca's
trading rules provide for three trading sessions: the Early Trading
Session, the Core Trading Session, and the Late Trading Session.\21\
Under NYSE Arca's framework, orders entered into the NYSE Arca
Marketplace must include a designation for which trading session(s) the
order will remain in effect.\22\ An order is eligible to participate in
the designated trading session(s) only and may remain in effect for one
or more consecutive trading sessions on a particular day.\23\ Orders
may be accepted by the exchange that are not eligible to trade until a
later trading session begins.\24\ Thus, NYSE Arca offers comparable
functionality as proposed by the Exchange as it permits orders to be
entered during its Early Trading Session that are eligible to trade in
both the Core Trading Session and the Late Trading Session, which is
analogous to the Exchange's proposed RTP TIF.
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\21\ See NYSE Arca Rule 7.34-E(a). NYSE Arca's Early Trading
Session runs from 4:00 a.m. to 9:30 a.m. Eastern Time, its Core
Trading Session runs from 9:30 a.m. to 4:00 p.m. Eastern Time, and
its Late Trading Session runs from the conclusion of the Core
Trading Session until 8:00 p.m. Eastern Time. Under Rule 7.34-E, all
order types and modifiers defined in Rule 7.31-E that are designated
for the Early Trading Session are eligible to participate in the
Early Trading Session, subject to certain order-type restrictions.
\22\ See NYSE Arca Rule 7.34-E(b)(1).
\23\ Id.
\24\ Id.
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Similarly, Nasdaq's Time-in-Force framework, set forth in Nasdaq
Equity Rule 4703(a), provides that the TIF assigned to an order
designates the period of time that the Nasdaq Market Center will hold
the order for potential execution, with Participants specifying both a
time at which the order becomes active and a time at which the order
ceases to be active.\25\ Nasdaq does refer to certain periods of times
with explicit TIFs throughout its rulebook, including ``IOC,'' ``System
Hours Day,'' ``System Hours Expire Time,'' and, ``Market Hours Day'',
however these terms are derived from the specific start and end times
appended to orders, similar to the NYSE Arca functionality described
supra. As such, Nasdaq offers comparable functionality as proposed by
the Exchange but does so through the ability of orders to be entered
with specific start and end times as opposed to a specific TIF as
proposed by the Exchange.
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\25\ See Nasdaq Equity Rule 4703(a). Nasdaq provides a list of
acceptable times to activate and deactivate orders, which includes
Regular Market Hours (similar to the Exchange's RHO TIF) and the end
of System Hours (pursuant to Nasdaq Equity 1, Section 1(a)(9), the
end of System Hours is defined as 8:00 p.m. ET, which is identical
to the end time of the Exchange's After Hours Trading Session).
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Implementation
The Exchange plans to implement the proposed rule change during the
early fourth quarter of 2026 and will announce the implementation date
via Trade Desk Notice.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\26\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\27\ 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 regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
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\26\ 15 U.S.C. 78f.
\27\ 15 U.S.C. 78f(b)(5).
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The Exchange believes the proposed rule change promotes just and
equitable principles of trade, removes impediments to and perfects the
mechanism of a free and open market and national market system, and
[[Page 58516]]
protects investors and the public interest by providing Users with a
convenient, streamlined mechanism to participate in both Regular
Trading Hours and the After Hours Trading Session through the
submission of a single order. Currently, Users seeking to maintain
trading interest across both Regular Trading Hours and the After Hours
Trading Session must either submit separate orders for each session or
utilize broader TIF designations that may include trading sessions not
desired by the User. The introduction of the RTP TIF in Rule 11.9
directly addresses this gap by offering a dedicated, purpose-built TIF
designation that permits a User to submit a single order eligible for
execution during Regular Trading Hours and, if not fully executed, to
have such order remain active through the end of the After Hours
Trading Session. This streamlined approach promotes just and equitable
principles of trade by enabling Users to efficiently express their
trading interest across the regular and post-close sessions in a single
instruction, thereby reducing operational complexity, administrative
burden, and the potential for order entry errors that may arise from
the need to manage multiple orders across trading sessions.
Furthermore, the conforming amendments to Rules 11.1(a) and 11.23
ensure that the RTP TIF is fully integrated into the Exchange's
existing order handling and opening process framework in a manner that
is consistent with the treatment of the existing limit RHO TIF. By
aligning the treatment of RTP orders with RHO limit orders for purposes
of participation in the Opening Process and Re-Opening Process, the
Exchange ensures that RTP orders are processed in a manner that is
transparent, predictable, and fair to all Users. The consistent
treatment of RTP orders across the Exchange's rules promotes just and
equitable principles of trade by providing Users with certainty as to
how their RTP orders will be handled throughout the trading day.
Moreover, the proposed rule change perfects the mechanism of a free
and open market and supports a national market system by offering Users
functionality that is comparable to that available on other national
securities exchanges. As discussed above, NYSE Arca permits orders to
be entered during its Early Trading Session that are eligible to trade
in both the Core Trading Session and the Late Trading Session,
providing comparable functionality to the Exchange's proposed RTP TIF.
Similarly, Nasdaq's Time-in-Force framework permits Participants to
specify both a time at which an order becomes active and a time at
which the order ceases to be active, enabling comparable order entry
flexibility. The Exchange's adoption of the RTP TIF ensures that Users
have access to trading functionality on BYX that is consistent with
industry practice and supports the efficient operation of the national
market system by enabling Users to express their trading interest in a
manner that is compatible with the trading mechanisms employed by other
market centers.
Finally, the Exchange believes that the proposed rule change is not
designed to permit unfair discrimination. The RTP TIF would be
available to all Users on an equal and non-discriminatory basis. The
use of the RTP TIF is entirely optional, and no User is required to
utilize the RTP TIF in connection with order submission to the
Exchange. Users who do not wish to use the RTP TIF may continue to
submit orders using any of the other TIF designations currently offered
by the Exchange, including the Day, RHO, and PTX TIF designations.
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The RTP TIF is an optional
designation offered by the Exchange, and Users are free to decide
whether to use the RTP TIF in connection with order submission to the
Exchange.
The Exchange believes that the proposed RTP TIF and associated
conforming amendments do not impose any intramarket burden on
competition as they represent an enhancement to existing functionality
that would be available to all Users on an equal and non-discriminatory
basis. The proposed changes do not alter the way in which orders are
prioritized, executed, or otherwise processed on the Exchange; they
simply provide Users with an additional TIF option and integrate that
option consistently into existing rules.
The Exchange believes that the proposed rule change does not impose
any undue burden on intermarket competition. On the contrary, the
proposed changes are being made to provide Users with enhanced order
entry flexibility that may improve their ability to interact across
Regular Trading Hours and the After Hours Trading Session that is
comparable to order entry flexibility on competitor exchanges,
therefore promoting competition between venues.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from Members or other interested
parties.
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 on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \28\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\29\
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\28\ 15 U.S.C. 78s(b)(3)(A)(iii).
\29\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of 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.
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A proposed rule change filed under Rule 19b-4(f)(6) \30\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\31\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposed
rule change may become operative immediately upon filing. The Exchange
states that it is seeking to introduce the proposed functionality early
in the fourth quarter of 2026 and waiver of the operative delay will
permit the proposed rule changes to become effective immediately. The
Exchange further states that waiver of the operative delay will allow
the Exchange to offer a TIF that is competitive with TIF offerings of
Nasdaq \32\ and NYSE Arca \33\, each of which permits Users to submit
orders during the respective Pre-Opening Session that become active
during Regular Trading Hours and remain active through the end of the
After Hours Trading Session. The Commission believes that waiving the
[[Page 58517]]
30-day operative delay is consistent with the protection of investors
and the public interest as the proposal does not raise any new or novel
issues. Therefore, the Commission hereby waives the 30-day operative
delay and designates the proposed rule change to be operative upon
filing.\34\
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\30\ 17 CFR 240.19b-4(f)(6).
\31\ 17 CFR 240.19b-4(f)(6)(iii).
\32\ Supra note 25.
\33\ Supra note 21.
\34\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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At any time within 60 days of the filing of such 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 under
Section 19(b)(2)(B) \35\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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\35\ 15 U.S.C. 78s(b)(2)(B).
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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
<bullet> Use the Commission's internet comment form (<a href="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>); or
<bullet> Send an email to <a href="/cdn-cgi/l/email-protection#4f3d3a232a622c2022222a213b3c0f3c2a2c61282039"><span class="__cf_email__" data-cfemail="3d4f485158105e5250505853494e7d4e585e135a524b">[email protected]</span></a>. Please include
file number SR-CboeBYX-2026-030 on the subject line.
Paper Comments
<bullet> Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.
All submissions should refer to file number SR-CboeBYX-2026-030. This
file number should be included on the subject line if email 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 website (<a href="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>). Copies of the filing will be available for inspection and
copying at the principal office of the Exchange. Do not include
personal identifiable information in submissions; you should submit
only information that you wish to make available publicly. We may
redact in part or withhold entirely from publication submitted material
that is obscene or subject to copyright protection. All submissions
should refer to file number SR-CboeBYX-2026-030 and should be submitted
on or before October 6, 2026.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\36\
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\36\ 17 CFR 200.30-3(a)(12), (59).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2026-18811 Filed 9-14-26; 8:45 am]
BILLING CODE 8011-01-P
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