Notice2026-18816
Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Options 10, Section 27
Primary source
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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 58496-58499]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18816]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-106325; File No. SR-ISE-2026-49]
Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend Options
10, Section 27
September 10, 2026.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 3, 2026, Nasdaq ISE, LLC (``ISE'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I, II, and III, below,
which Items have been prepared by the Exchange. 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
The Exchange proposes to amend ISE Options 10, Section 27,
Influencing or Rewarding Employees of Others, to conform to the rules
of the Financial Industry Regulatory Authority, Inc. (``FINRA'') for
purposes of an agreement between the Exchange and FINRA pursuant to
Rule 17d-2 under the Act.\3\
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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 available on the Exchange's
website at <a href="https://listingcenter.nasdaq.com/rulebook/ise/rulefilings">https://listingcenter.nasdaq.com/rulebook/ise/rulefilings</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 Options 10, Section 27, Influencing
or Rewarding Employees of Others, to conform the rule so that it is
substantially similar to FINRA Rule 3220. The Exchange notes that this
filing is based on a proposal recently submitted by FINRA, and approved
by the Commission, to amend FINRA Rule 3220 (Influencing or Rewarding
Employees of Others).\4\ The Exchange also proposes a technical
amendment at Options 10, Section 7, Supervision of Accounts.
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\4\ See Securities Exchange Act Release No. 104830 (February 12,
2026), 91 FR 7570 (February 18, 2026) (Order Approving File No. SR-
FINRA-2025-003) (``FINRA Approval Order'').
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Options 10, Section 27
Pursuant to Rule 17d-2 under the Act,\5\ the Exchange and FINRA
entered into an agreement to allocate regulatory responsibility for
common rules (the ``17d-2 Agreement''). The 17d-2 Agreement covers
common members of the Exchange and FINRA and allocates to FINRA
regulatory responsibility, with respect to common members, for the
following: (i) examination of common members of the Exchange and FINRA
for compliance with certain federal securities laws, rules and
regulations and rules of the Exchange that the Exchange has certified
as identical or substantially similar to FINRA rules; (ii)
investigation of common members of the Exchange and FINRA for
violations of certain federal securities laws, rules or regulations, or
Exchange rules that the Exchange has certified as identical or
substantially similar to a FINRA rule; and (iii) enforcement of
compliance by common members with certain federal securities laws,
rules and regulations, and the rules of the Exchange that the Exchange
has certified as identical or substantially similar to FINRA rules.\6\
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\5\ 17 CFR 240.17d-2.
\6\ See Securities and Exchange Release No. 90702 (December 17,
2020), 72 FR 9983 (March 6, 2007) (approving File No. 4-529).
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The 17d-2 Agreement included a certification by the Exchange that
states that the requirements contained in certain Exchange rules are
identical to, or substantially similar to, certain FINRA rules that
have been identified as comparable. To conform to comparable FINRA
rules for purposes of the 17d-2 Agreement, the Exchange proposes
conforming the text of Options 10, Section 27 so that it is
substantially similar to FINRA Rule 3220.
Currently, Options 10, Section 27 is excluded from the 17d-2
Agreement because it is not identical, or substantially similar, to
FINRA Rule 3220. Current ISE Options 10, Section 27 prohibits a Member
or person associated with a Member from directly or indirectly, giving
or permitting to be given anything of value, including gratuities, in
excess of one hundred dollars per individual per year to any person,
principal, proprietor, employee, agent or representative of another
person where such payment or gratuity is in relation to the business of
the employer of the recipient of the payment or gratuity. FINRA Rule
3220 currently prohibits gifts in excess of $300.00, where the gift or
gratuity is in relation to the business of the employer of the
recipient. Unlike FINRA Rule 3220, current Options 10, Section 27 does
not include provisions covering: supervision and record keeping
requirements; an exclusion for payments made pursuant to bona fide,
written employment contracts; gifts incidental to business
entertainment; valuation of gifts; aggregation of gifts; personal
gifts; bereavement gifts; de minimis gifts and promotional or
commemorative items; donations due to federally declared major
disasters; or gifts to a Member's associated persons or individual
retail customers. Options 10, Section 27 was, therefore, excluded from
the 17d-2 Agreement because it was not identical or substantially
similar to FINRA Rule 3220. To harmonize its rules with FINRA, the
Exchange proposes to conform the rule text of Options 10, Section 27 to
text that is substantially similar to FINRA Rule 3220 so that it may be
incorporated into the 17d-2 Agreement in its entirety.
The Exchange believes that these changes will help to avoid
confusion
[[Page 58497]]
among Members of the Exchange that are also members of FINRA by
harmonizing Options 10, Section 27 with FINRA Rule 3220. The proposed
changes to Options 10, Section 27 are designed to enable the Exchange
to incorporate Options 10, Section 27 into the 17d-2 Agreement, further
reducing duplicative regulation of Members that are also members of
FINRA. For the avoidance of doubt, Options 10, Section 27 would equally
apply to Exchange-only Members as the Exchange believes it
appropriately protects against improprieties, such as conflicts of
interest, that might arise when a Member or person associated with a
Member gives items of value to an employee of another person, such as
an institutional customer, vendor or counterparty with the hope of
strengthening the relationship with the customer.
First, the Exchange proposes to amend Options 10, Section 27(a) to
increase the gift limit from $100 to $300 per individual per year.
FINRA stated that the current gift limit of $100 has been in place
since 1992.\7\ FINRA increased the gift limit from $100 to $300 to
account for past inflation since 1992 and to account for expected
future inflation for approximately ten years, thereby reducing the
frequency of future upward adjustments to account for inflation.\8\
Consistent with FINRA's determination, the Exchange believes that a
$300 gift limit would continue to permit the exchange of business
courtesies while helping to guard against excessiveness, and reasonably
reflects changes to purchasing power due to inflation since the gift
limit was last raised in 1992 as well as approximately ten years of
expected future inflation.
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\7\ See supra note 4.
\8\ See id.
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Second, the Exchange proposes to add a new paragraph (d) to ISE
Options 10, Section 27 that would authorize the Exchange to
conditionally or unconditionally grant an exemption from any provision
of Options 10, Section 27 for good cause shown, provided that such
exemption is consistent with the purpose of the Rule, the protection of
investors, and the public interest. Specifically, the Exchange proposes
that pursuant to General 5, Section 3,\9\ FINRA staff, for good cause
shown after taking into consideration all relevant factors, may
conditionally or unconditionally grant an exemption from any provision
of this Rule to the extent that such exemption is consistent with the
purpose of the Rule, the protection of investors, and the public
interest. This proposed provision mirrors the exemptive relief
authority added by FINRA in new Rule 3220(d).\10\ Given the scope of
ISE Options 10, Section 27, which applies to gifts given to a wide
range of recipients where the payment is in relation to the business of
the employer of the recipient, and given the diversity of Member sizes,
structures, businesses, and distribution models, the Exchange believes
it would be useful and appropriate to have the ability to provide
relief from a particular provision of the Rule under specific factual
circumstances.
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\9\ Series 9000 of The Nasdaq Stock Market LLC Rules are
incorporated by reference into ISE General 5, Section 3, and are
applicable to ISE Members, Associated Persons, and other persons
subject to the Exchange's jurisdiction.
\10\ See id.
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Third, FINRA Rule 3220 incorporated published guidance interpreting
FINRA Rule 3220, including NASD Notice to Members 06-69,\11\ FINRA's
Frequently Asked Questions on Gifts, Business Entertainment, and Non-
Cash Compensation,\12\ as well as an interpretive letter regarding
bereavement gifts (the ``Aly Letter'').\13\ To maintain substantive
alignment with FINRA Rule 3220, the Exchange proposes to adopt
corresponding Supplementary Material .01 through .09 to Options 10,
Section 27. Each proposed Supplementary Material section is described
below.
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\11\ NASD Notice to Members 06-69 (Dec. 2006) (``NTM 06-69'').
\12\ Gifts/Business Entertainment/Non-Cash Compensation FAQs,
<a href="https://www.finra.org/rules-guidance/key-topics/gifts-gratuities-and-non-cash-compensation/faqs">https://www.finra.org/rules-guidance/key-topics/gifts-gratuities-and-non-cash-compensation/faqs</a> (``FAQs'').
\13\ Letter from Gary L. Goldsholle, Vice President & Associate
General Counsel, FINRA, to Amal Aly, Managing Director & Associate
General Counsel, SIFMA, dated December 17, 2007 (``Aly Letter'').
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Proposed Supplementary Material .01 (Gifts Incidental to Business
Entertainment) would state that a gift given during the course of a
business entertainment event is subject to ISE Options 10, Section 27
unless it is consistent with the requirements of proposed Supplementary
Material .04 (Personal Gifts) or .06 (De Minimis Gifts and Promotional
or Commemorative Items) which is substantially similar to FINRA Rule
3220 Supplementary Material .04 and .06. For the purpose of the $300
limit, the cost of the business entertainment event itself would not be
included in the value of the gift.
Proposed Supplementary Material .02 (Valuation of Gifts) would
require Members to value gifts (other than tickets for sporting or
other events) at cost, exclusive of tax and delivery charges, and would
require Members to value tickets for sporting or other events at the
higher of cost or face value. If gifts are given to multiple
recipients, Members must record the names of each recipient and
calculate and record the value of the gift on a pro rata, per-recipient
basis, for purposes of ensuring compliance with the $300 limit in ISE
Options 10, Section 27(a). FINRA Rule 3220 at Supplementary Material
.02 requires Members to value gifts (other than tickets for sporting or
other events) at cost rather than at the higher of cost or market value
reduces complexity and subjectivity because market value can be
difficult and burdensome to determine, while distinguishing tickets for
sporting or other events accounts for the fact that such tickets are
commonly purchased on secondary markets at costs that differ from face
value.
Proposed Supplementary Material .03 (Aggregation of Gifts) would
require Members to aggregate all gifts given by the Member and each
associated person of the Member to a particular recipient over the
course of the year for purposes of ensuring compliance with the $300
limit in ISE Options 10, Section 27(a), and would require each Member
to state in its procedures whether it is aggregating all gifts given by
the Member and its associated persons on a calendar year, fiscal year,
or on a rolling basis beginning with the first gift to any particular
recipient. The aggregation requirement would not apply to personal
gifts under proposed Supplementary Material .04 or to gifts of de
minimis value or promotional or commemorative items under proposed
Supplementary Material .06 as they are already not subject to the gift
limit. This proposed provision which is substantially similar to FINRA
Rule 3220(a) would help ensure that persons who give multiple gifts in
a year to the same recipient do not circumvent the gift limit.
Proposed Supplementary Material .04 (Personal Gifts) would state
that gifts that are given for infrequent life events (e.g., a wedding
gift or a congratulatory gift for the birth of a child) are not subject
to the restrictions in ISE Options 10, Section 27(a) or the
recordkeeping requirements in ISE Options 10, Section 27(c), provided
the gifts are customary and reasonable, personal in nature, and not in
relation to the business of the employer of the recipient. In
determining whether a gift is ``personal in nature and not in relation
to the business of the employer of the recipient,'' Members should
consider a number of factors, including the nature of any pre-existing
personal or family relationship between the person giving the gift and
the recipient and whether
[[Page 58498]]
the associated person paid for the gift. When the Member bears the cost
of the gift, either directly or by reimbursing an associated person,
the Exchange will presume that such gift is not personal in nature and
instead is in relation to the business of the employer of the
recipient. This provision is substantially similar to FINRA Rule 3220
at Supplementary Material .04.
Consistent with FINRA Rule 3220 at Supplementary Material .05
(Bereavement Gifts), Options 10, Section 27 at proposed Supplementary
.05 separates bereavement gifts from personal gifts. Proposed
Supplementary Material .05 would state that bereavement gifts that are
customary and reasonable are not considered to be in relation to the
business of the employer of the recipient and, therefore, are not
subject to the restrictions in ISE Options 10, Section 27(a) or the
recordkeeping requirements in ISE Options 10, Section 27(c). This
provision is substantially similar to FINRA Rule 3220 at Supplementary
Material .05.
Proposed Supplementary Material .06 (De Minimis Gifts and
Promotional or Commemorative Items), at paragraph (a), would state that
gifts of a de minimis value (e.g., pens, notepads, or modest desk
ornaments) or promotional items of nominal value that display the
Member's logo (e.g., umbrellas, tote bags, or shirts) are not subject
to the restrictions in ISE Options 10, Section 27(a) or the
recordkeeping requirements in ISE Options 10, Section 27(c), provided
that the value of the gift or promotional item is substantially below
the $300 limit. Proposed Supplementary Material .06(b) would state that
customary and reasonable solely decorative items commemorating a
business transaction are not subject to the restrictions in ISE Options
10, Section 27(a) or the recordkeeping requirements in ISE Options 10,
Section 27(c). These provisions are substantially similar to FINRA Rule
3220 at Supplementary Material .06.
Proposed Supplementary Material .07 (Donations Due to Federally
Declared Major Disasters) would state that donations by a Member or an
associated person to any person, principal, proprietor, employee, agent
or representative of another person to provide assistance to the
individual for losses sustained in a natural event that the President
has declared to be a major disaster, such as a wildfire, hurricane,
tornado, earthquake, or flood, are not considered ``in relation to the
business of the employer of the recipient'' for purposes of ISE Options
10, Section 27(a) and are not subject to the restrictions in ISE
Options 10, Section 27(a) or the recordkeeping requirements of ISE
Options 10, Section 27(c). This provision is substantially similar to
FINRA Rule 3220 at Supplementary Material .07 which recognizes that the
nature of such disasters is unpredictable and catastrophic.
Proposed Supplementary Material .08 (Supervision and Recordkeeping)
would state that the Exchange's supervision rules at Options 10,
Section 7 require a Member to have a supervisory system reasonably
designed to achieve compliance with ISE Options 10, Section 27.\14\ To
meet these standards, Members would be required to have systems and
procedures reasonably designed to ensure that payments and gratuities
in relation to the business of the employer of the recipient given by
the Member and its associated persons to employees of another person
are (a) reported to the Member; (b) reviewed for compliance with ISE
Options 10, Section 27; and (c) maintained in the Member's records.
Such procedures must be reasonably designed to ensure that an
associated person who is giving a payment or gratuity is not
responsible for determining whether such payment or gratuity is in
relation to the business of the recipient's employer. Members are not
required to maintain records of gifts that are consistent with the
requirements of proposed Supplementary Material .04 through .07.
Requiring a person other than the associated person giving the gift to
assess the nature of the gift is intended to encourage objectivity in
making such determinations, consistent with existing FINRA guidance.
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\14\ The Exchange's supervision requirements for Members
conducting options business with the public are set forth in ISE
Options 10, Section 7 (Supervision of Accounts). To the extent
applicable, Members would look to the applicable supervision rules
of the Exchange to establish and maintain a supervisory system
reasonably designed to achieve compliance with ISE Options 10,
Section 27.
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Proposed Supplementary Material .09 (Gifts to a Member's Associated
Persons or Individual Retail Customers) would state that ISE Options
10, Section 27 does not apply to gifts from a Member to its own
associated persons, or to gifts from a Member or an associated person
to individual retail customers. The Exchange believes that proposed
Supplementary Material .09 would clarify, and improve awareness and
understanding of, the scope of ISE Options 10, Section 27, consistent
with FINRA Rule 3220 at Supplementary Material .09.
The Exchange believes the proposed rule change would promote
efficiency without reducing protection for investors and the public
interest. The proposed changes to Options 10, Section 27 to conform to
the rules of FINRA improve transparency, awareness, and understanding
of rule's requirements. The Exchange believes these proposed changes
would also help facilitate compliance with Options 10, Section 27 and
would provide regulatory certainty to Members. Because the Exchange
proposes to make conforming amendments that are substantially similar
to FINRA's amendments to FINRA Rule 3220, Members that are also FINRA
members would continue to be subject to a substantially similar rule
when conducting business on the Exchange. In addition, Members that are
not FINRA members would continue to be subject to ISE Options 10,
Section 27 to the extent that such Members conduct business with the
public.
Technical Amendment
The Exchange proposes a technical amendment to Options 10, Section
7, Supervision of Accounts. The Exchange proposes to remove the
following rule text, ``The deadline to submit the annual supervision-
related reports pursuant to Options 10, Section 7(g) and (h) will be
extended from June 30, 2020 to July 31, 2020.'' This rule text refers
to a dated deadline.
2. Statutory Basis
The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\15\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\16\ in particular, in that it is designed to
promote just and equitable principles of trade, 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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\15\ 15 U.S.C. 78f(b).
\16\ 15 U.S.C. 78f(b)(5).
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As noted above, the proposed rule change conforms Options 10,
Section 27 to FINRA Rule 3220 so that it is substantially similar to
FINRA's rule, thereby promoting uniform standards across the securities
industry. The Exchange also notes the changes proposed herein align
Options 10, Section 27 with a recent filing submitted by FINRA and
approved by the Commission.\17\ The Exchange believes further that
these changes will help to reduce and avoid potential confusion among
Members of the Exchange that are also members of FINRA by harmonizing
Options 10, Section 27 with FINRA Rule 3220. The
[[Page 58499]]
proposed rule change is designed to enable the Exchange to incorporate
Options 10, Section 27 into the 17d-2 Agreement, further reducing
duplicative regulation of Members that are also members of FINRA. For
the avoidance of doubt, Options 10, Section 27 would equally apply to
Exchange-only Member as the Exchange believes it appropriately protects
against improprieties that might arise when substantial gifts or
monetary payments are given to certain persons.
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\17\ See supra note 3.
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The Exchange believes the proposed rule change would promote
efficiency without reducing protection for investors and the public
interest. The proposed changes to Options 10, Section 27 to conform to
the rules of FINRA improve transparency, awareness, and understanding
of the Rule's requirements. The Exchange believes these proposed
changes would also help facilitate compliance with Options 10, Section
27.
Technical Amendment
The Exchange's proposal to remove dated rule text from Options 10,
Section 7 is a non-substantive amendment that does not impact the rule
implementation.
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 not necessary or appropriate in
furtherance of the purposes of the Act. The proposed rule change is not
designed to address any competitive issues but rather to provide
greater harmonization among Exchange and FINRA rules of similar
purpose, resulting in less burdensome and more efficient regulatory
compliance for common members and facilitating FINRA's performance of
its regulatory functions under the 17d-2 Agreement. As such, the
Exchange does not believe that the proposed rule change will impose any
burden on competition not necessary or appropriate in furtherance of
the purposes of the Act.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were either solicited or 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 from 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 \18\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\19\
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\18\ 15 U.S.C. 78s(b)(3)(A)(iii).
\19\ 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.
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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
<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#6715120b024a04080a0a020913142714020449000811"><span class="__cf_email__" data-cfemail="cab8bfa6afe7a9a5a7a7afa4beb98ab9afa9e4ada5bc">[email protected]</span></a>. Please include
file number SR-ISE-2026-49 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-ISE-2026-49. 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-ISE-2026-49 and should be submitted on
or before October 6, 2026.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
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\20\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2026-18816 Filed 9-14-26; 8:45 am]
BILLING CODE 8011-01-P
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