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Notice2026-20302

Self-Regulatory Organizations: MIAX PEARL, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Risk Controls for Equity Members in Connection With the Upcoming Expansion by Other National Securities Exchanges and the Appliable Securities Information Processors of Their Hours to 23 Hours per Day, 5 Days per Week

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Published
October 5, 2026

Issuing agencies

Securities and Exchange Commission

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<title>Federal Register, Volume 91 Issue 191 (Monday, October 5, 2026)</title>
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[Federal Register Volume 91, Number 191 (Monday, October 5, 2026)]
[Notices]
[Pages 63365-63368]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20302]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-106554; File No. SR-PEARL-2026-41]


Self-Regulatory Organizations: MIAX PEARL, LLC; Notice of Filing 
and Immediate Effectiveness of a Proposed Rule Change To Amend Risk 
Controls for Equity Members in Connection With the Upcoming Expansion 
by Other National Securities Exchanges and the Appliable Securities 
Information Processors of Their Hours to 23 Hours per Day, 5 Days per 
Week

September 30, 2026.
    Pursuant to the provisions of 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 25, 2026, MIAX PEARL, LLC (``MIAX 
Pearl'' or the ``Exchange''),\3\ filed with the Securities and Exchange 
Commission (``Commission'') a proposed rule change as described in 
Items I and II 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.
    \3\ All references to ``MIAX Pearl'' in this filing are to MIAX 
Pearl Equities, the equities trading facility of MIAX PEARL, LLC. 
See Exchange Rule 1901.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes amend its existing risk controls for Equity 
Members \4\ trading on the Exchange in connection with the upcoming 
expansion by other national securities exchanges and the appliable 
Securities Information Processors (``SIPs'') of their hours to 23 hours 
per day, 5 days per week.\5\
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    \4\ The term ``Equity Member'' is a Member authorized by the 
Exchange to transact business on MIAX Pearl Equities. See Exchange 
Rule 1901.
    \5\ See Securities Exchange Act Release Nos. 105779 (June 26, 
2026), 91 FR 40082 (July 1, 2026) (Order approving SR-CTA/CQ-2026-
01); 105780 (June 26, 2026), 91 FR 40058 (July 1, 2026) (Order 
approving Fifty-Fifth Amendment to the Nasdaq UTP Plan); 105587 (May 
29, 2026); 91 FR 33238 (June 3, 2026) (SR-CboeEDGX-2026-19); 105532 
(May 21, 2026); 91 FR 31509 (May 27, 2026) (SR-NYSEArca-2026-53); 
890235 (November 27, 2024); 89 FR 97072 (``24X Approval Order''); 
105199 (April 10, 2026); 91 FR 20222 (April 15, 2026) (SR-Nasdaq-
2025-109).
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    The text of the proposed rule change is available on the Exchange's 
website at <a href="https://www.miaxglobal.com/markets/us-equities/pearl-equities/rule-filings">https://www.miaxglobal.com/markets/us-equities/pearl-equities/rule-filings</a>, and at MIAX Pearl's principal office.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, MIAX Pearl 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. MIAX Pearl 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
    To help Equity Members manage their risk, the Exchange currently 
offers Limit Order Price Protection and other risk controls that 
authorize the Exchange to take automated action if a designated limit 
for an Equity Member is breached. Such risk controls provide Equity 
Members with enhanced abilities to manage their risk when trading on 
the Exchange. The Exchange now proposes to amend Limit Order Price 
Protection under Exchange Rule 2614(a)(1)(ix) and Trading Collars under 
Exchange Rule 2618(b)(1) to specify which reference prices would be 
used in connection with the upcoming expansion by other national 
securities exchanges and the appliable SIPs of their hours to 23 hours 
per day, 5 days per week. The proposal would allow the Exchange to 
maintain its status quo under 23/5 trading and continue to use the same 
last trade price as a reference price similar to today by limiting the 
times at which the last trade is received outside of Regular Trading 
Hours \6\ to the times between 4:00 a.m. and 9:30 a.m. Eastern Time and 
4:00 p.m. and 8:00 p.m. Eastern Time, as described below.
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    \6\ Further, a Limit Order in a security that is subject to a 
trading halt becomes first eligible to trade when the halt is lifted 
and continuous trading has resumed. See Exchange Rule 
2614(a)(1)(ix)(C).
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Limit Order Price Protection
    Limit Order Price Protection is set forth under Exchange Rule 
2614(a)(1)(ix) and provides for the cancellation of Limit Orders \7\ 
priced too far away from a specified reference price at the time the 
order first becomes eligible to trade. A Limit Order entered

[[Page 63366]]

before Regular Trading Hours \8\ that becomes eligible to trade during 
Regular Trading Hours will be subject to Limit Order Price Protection 
at the time Regular Trading Hours begins.
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    \7\ A Limit Order means an order to buy or sell a stated amount 
of a security at a specified price or better. See Exchange Rule 
2614(a)(1).
    \8\ The term ``Regular Trading Hours'' means the time between 
9:30 a.m. and 4:00 p.m. Eastern Time. See Exchange Rule 1901.
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    Exchange Rule 2614(a)(1)(ix)(A) provides that a Limit Order to buy 
(sell) will be rejected if it is priced at or above (below) the greater 
of a specified dollar value and percentage away from the PBO for Limit 
Orders to buy, the PBB \9\ for Limit Orders to sell. Exchange Rule 
2614(a)(1)(ix)(A) further provides that if the PBBO is unavailable, a 
Limit Order to buy (sell) will be rejected if it is priced at or above 
(below) the greater of a specified dollar and percentage away from the 
most current of the following: 1. the consolidated last sale price 
disseminated during the Regular Trading Hours on trade date; or 2. the 
last trade price for the security on trade date that occurred outside 
of Regular Trading Hours (Form T, as communicated by the relevant SIP) 
on trade date which other than for the Form T designation would have 
been considered a valid last sale price; or 3. the prior day's Official 
Closing Price identified as such by the primary listing exchange, 
adjusted to account for events such as corporate actions and news 
events.
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    \9\ ``PBB'' shall mean the national best bid that is a Protected 
Quotation, the term ``PBO'' shall mean the national best offer that 
is a Protected Quotation, and the term ``PBBO'' shall mean the 
national best bid and offer that is a Protected Quotation. 
``Protected Quotation'' shall mean a quotation that is a Protected 
Bid or Protected Offer. See Exchange Rule 1901.
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    The Exchange operates three separate trading sessions between 4:00 
a.m. Eastern Time and 8:00 p.m. Eastern Time. These are the Early 
Trading Session, which operates from 4:00 a.m. to 9:30 a.m. Eastern 
Time, the ``Regular Trading Session'' that operates from the completion 
of the Opening Process or Contingent Open as defined in Exchange Rule 
2615 to 4:00 p.m. Eastern Time, and finally the ``Late Trading 
Session'' that operates from 4:00 p.m. to 8:00 p.m. Eastern Time.\10\ 
Currently, Exchange Rule 2614(a)(1)(ix)(A)2 provides that the reference 
price may be the last trade price for the security on trade date that 
occurred outside of Regular Trading Hours (Form T, as communicated by 
the relevant SIP) on trade date which other than for the Form T 
designation would have been considered a valid last sale price. This 
reference price will be used when it is more current than the PBBO and 
the consolidated last sale price disseminated during the Regular 
Trading Hours on trade date. As currently written, the Exchange could 
use a last trade price disseminated at any time outside of Regular 
Trading Hours, which would include not only the Exchange's Early and 
Late Trading Sessions, but also the upcoming overnight trading session, 
which will operate from 9:00 p.m. to 4:00 a.m. Eastern Time.
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    \10\ See Exchange Rule 1901. The Exchange does not currently 
intend to expand its trading hours beyond 4:00 a.m. and 8:00 p.m. 
Eastern Time.
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    Today, due to the trading hours of the Exchange and other national 
securities exchanges being limited to 4:00 a.m. and 8:00 p.m. Eastern 
Time, the Exchange would use a last trade price received outside of 
Regular Trading Hours received during its Early or Late Trading 
Sessions only. At this time, the Exchange intends to keep this status 
quo and only use last trade prices disseminated when the Exchange is 
operating a trading session and not a last trade price disseminated 
during the overnight trading session, which is anticipated to be from 
9:00 p.m. to 4:00 a.m. Eastern Time as a reference price. The Exchange 
believes the upcoming overnight trading session has the potential to 
involve material trading risks, including the possibility of lower 
liquidity, high volatility, changing prices, unlinked markets, an 
exaggerated effect from news announcements, wider spreads and other 
relevant risks. The Exchange is concerned that using a last trade price 
disseminated during the overnight trading session could lead to using a 
reference price unrelated to the securities' current market, and cause 
Limit Orders to be improperly canceled or left available for execution. 
The Exchange, therefore, proposes to amend Exchange Rule 
2614(a)(1)(ix)(A)2 to provide that, when most current, the Exchange 
would use the last trade price for a security on trade date received 
outside of Regular Trading Hours but during the Exchange's Early or 
Late Trading Session (Form T, as communicated by the relevant SIP) on 
trade date which other than for the Form T designation would have been 
considered a valid last sale price for purposes of Limit Order Price 
Protection.
Trading Collar
    In addition to the Limit Order Price Protection above, the Exchange 
also prevents all incoming orders, including those marked Intermarket 
Sweep Orders (``ISO''), from executing at a price outside the Trading 
Collar price range as described in Exchange Rule 2618(b). The Trading 
Collar prevents buy orders from trading or routing at prices above the 
collar and prevents sell orders from trading or routing at prices below 
the collar.
    The Exchange's default behavior is to calculate the Trading Collar 
price range for a security by applying the numerical guidelines for 
Clearly Erroneous Executions under Exchange Rule 2621 or a specified 
dollar value established by the Exchange or adjusted by the Equity 
Member.\11\ The resultant Trading Collar price range is then either 
added to the Trading Collar Reference Price to determine the Trading 
Collar Price for buy orders or subtracted from the Trading Collar 
Reference Price to determine the Trading Collar Price for sell orders. 
Exchange Rule 2618(b)(1) provides that the Trading Collar Reference 
Price is equal to the most current of the following: (A) consolidated 
last sale price disseminated during the Regular Trading Hours on trade 
date; (B) the last trade price for the security on trade date that 
occurred outside of Regular Trading Hours (Form T, as communicated by 
the relevant SIP) on trade date which other than for the Form T 
designation would have been considered a valid last sale price; or (C) 
the prior day's Official Closing Price identified as such by the 
primary listing exchange, adjusted to account for events such as 
corporate actions and news events. If none of the above are available 
to use as the Trading Collar Reference Price, the Exchange suspends the 
Trading Collar function in the interest of maintaining a fair and 
orderly market in the impacted security pursuant to Exchange Rule 
2618(b)(1)(iii).
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    \11\ Although the Exchange applies the numerical guidelines for 
Clearly Erroneous Executions, no order would be executed outside of 
the prescribed Price Bands pursuant to the Plan to Address 
Extraordinary Market Volatility, as described below. See Exchange 
Rule 2622.
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    Similarly to the Exchange's proposal above for Limit Order Price 
Protection, the Exchange proposes to amend Exchange Rule 2618(b)(1)(ii) 
regarding the reference price that would be used due to the upcoming 
expansion by other national securities exchanges and the appliable SIPs 
of their hours to 23 hours per day, 5 days per week. Currently, 
Exchange Rule 2618(b)(1)(ii)(B) provides that the reference price may 
be the last trade price for the security on trade date that occurred 
outside of Regular Trading Hours (Form T, as communicated by the 
relevant SIP) on trade date which other than for the Form T designation 
would have been considered a valid last sale price. This reference 
price will be used when it is more current than the consolidated last 
sale or prior day's

[[Page 63367]]

Official Closing Price. As currently written, the Exchange would use a 
last trade price disseminated any time outside of Regular Trading 
Hours, which will include not only the Exchange's Early and Late 
Trading Sessions, but also the upcoming overnight trading session that 
will operate from 9:00 p.m. to 4:00 a.m. Eastern Time.
    Like for Limit Order Price Protection, due to the trading hours of 
the Exchange and other national securities exchanges being currently 
limited to 4:00 a.m. and 8:00 p.m. Eastern Time, the Exchange would use 
a last trade price received outside of Regular Trading Hours received 
during its Early or Late Trading Sessions. For the same reasons as 
discussed for Limit Order Price Protection above, the Exchange intends 
to keep the status quo and only use the last trade prices disseminated 
when the Exchange is operating, which is from 4:00 a.m. to 8:00 p.m. 
Eastern Time, and not a last trade price disseminated during the 
overnight trading session, which is anticipated to be from 9:00 p.m. to 
4:00 a.m. Eastern Time, as a reference price. The Exchange, therefore, 
proposes to amend Exchange Rule 2618(b)(1)(ii) to provide that, when 
most current, the Exchange would use the last trade price for the 
security on trade date received outside of Regular Trading Hours but 
during the Exchange's Early or Late Trading Sessions (Form T, as 
communicated by the relevant SIP) on trade date which other than for 
the Form T designation would have been considered a valid last sale 
price for purposes of the Trade Collar price range.
    There are also certain situations where the Exchange would not 
cancel an order that would execute at a price outside of the Trading 
Collar price range. Exchange Rule 2618(b)(1)(i) provides that, upon 
entry, any portion of an order to buy (sell) that would execute at a 
price above (below) the Trading Collar price range is cancelled, 
unless: (A) the price listed under paragraph (ii)(C) (i.e., the prior 
day's Official Closing Price) is to be applied and a regulatory halt 
has been declared by the primary listing market during that trading 
day; or (B) if no consolidated last sale price and no last trade price 
for the security on trade date that occurred outside of Regular Trading 
Hours (Form T, as communicated by the relevant SIP) on trade date which 
other than for the Form T designation would have been considered a 
valid last sale price has been disseminated following the conclusion of 
a regulatory halt declared by the primary listing market on that 
trading day. For the same reasons as discussed above, the Exchange 
proposes to amend Exchange Rule 2618(b)(1)(i)(B) to conform to Exchange 
Rule 2618(b)(1)(ii)(B).
* * * * *
    The Exchange does not guarantee that the risk settings in this 
proposal are sufficiently comprehensive to meet all of an Equity 
Member's risk management needs. Pursuant to Rule 15c3-5 under the 
Act,\12\ a broker-dealer with market access must perform appropriate 
due diligence to assure that controls are reasonably designed to be 
effective, and otherwise consistent with the rule.\13\ Use of the 
Exchange's risk settings included in Exchange Rule 2618 will not 
automatically constitute compliance with Exchange or federal rules and 
responsibility for compliance with all Exchange and SEC rules remains 
with the Equity Member.
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    \12\ 17 CFR 240.15c3-5.
    \13\ See Division of Trading and Markets, Responses to 
Frequently Asked Questions Concerning Risk Management Controls for 
Brokers or Dealers with Market Access, available at <a href="https://www.sec.gov/divisions/marketreg/faq-15c-5-risk-management-controls-bd.htm">https://www.sec.gov/divisions/marketreg/faq-15c-5-risk-management-controls-bd.htm</a>.
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Implementation
    The Exchange plans to implement the proposed rule changes on 
December 6, 2026, the date on which the SIPs will extend their hours to 
23 hours, 5 days a week.
2. Statutory Basis
    The Exchange believes the proposed rules changes are consistent 
with the Act and the rules and regulations thereunder applicable to the 
Exchange and, in particular, the requirements of Section 6(b) of the 
Act.\14\ Specifically, the Exchange believes the proposed rule change 
is consistent with the Section 6(b)(5) \15\ requirements that the rules 
of an exchange be 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. 
Additionally, the Exchange believes the proposed rule change is 
consistent with the Section 6(b)(5) \16\ requirement that the rules of 
an exchange not be designed to permit unfair discrimination between 
customers, issuers, brokers, or dealers.
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    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(5).
    \16\ Id.
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    The proposal would allow the Exchange to maintain its status quo 
under 23/5 trading and continue to use the same last trade prices as a 
reference price as it does today for both Limit Order Price Protection 
and Trading Collars by limiting the times at which the last trade price 
is received outside Regular Trading Hours to the times between 4:00 
a.m. and 9:30 a.m. Eastern Time and 4:00 p.m. and 8:00 p.m. Eastern 
Time. Rather than leave the rules in place as is, which could result in 
the use of a last trade price received during the overnight trading 
session, the Exchange determined to maintain the status quo, rather 
than risk the use of a reference price from the overnight trading 
session that may not be reasonably related to the securities' trading 
behavior at the time the risk protection is to be applied.
    Overnight trading may be subject to different liquidity and 
participation considerations than the current pre- and post-market 
sessions that operated outside of Regular Trading Hours. As stated 
above, the Exchange believes that the upcoming overnight trading 
session has the potential liquidity, high volatility, changing to 
involve material trading risks, including the possibility of lower 
prices, unlinked markets, an exaggerated effect from news 
announcements, wider spreads and other relevant risks. The Exchange is 
concerned that using a last trade price disseminated during the 
overnight trading session could lead to using a reference price 
unrelated to the securities' current market, and cause Limit Orders to 
be improperly canceled or left available for execution. The decision to 
maintain the status quo under this proposal would promote a fair and 
orderly markets and thereby protect investors and the public interest. 
In addition, the operation of Limit Order Price Protection and Trading 
Collars would not change because, as proposed, the last trade price 
received outside of Regular Trading Hours but during the Exchange's 
Early or Late Trading Sessions would continue to be used as a reference 
price. However, the Exchange believes that it is appropriate to amend 
its rules to ensure that its rules maintain the status quo in light of 
23/5 trading. Without this change, market participants may mistakenly 
believe that the Exchange would apply a reference price from the 
overnight trading session. The proposed rule change would therefore 
facilitate operational transparency while providing for a fair and 
orderly market.

[[Page 63368]]

    Lastly, the Exchange believes the proposed amendments will remove 
impediments to and perfect the mechanism of a free and open market and 
a national market system because they will allow the Exchange to 
continue to provide reasonably designed functionality for Equity 
Members to manage their risk. The Exchange believes that the proposal 
is designed to protect investors and the public interest because it 
would allow the Exchange to apply reasonable reference prices and 
provide risk mitigation tools to aid Equity Members in minimizing their 
financial exposure and reduce the potential for disruptive, market-wide 
events.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rules changes will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. Maintaining the status quo 
and using a last trade price received while the Exchange is open for 
trading as reference price as proposed herein may increase confidence 
in the proper functioning of the markets, reasonableness of the 
Exchange's risk controls, and contribute to additional competition 
among trading venues and broker-dealers. Rather than impede 
competition, the proposal is designed to facilitate reasonable risk 
management by Equity Members. The proposal would impose no burden on 
intra-market competition because the use of the proposed risk settings 
is optional and each risk setting is available to all Equity Members 
equally.

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

    Pursuant to Section 19(b)(3)(A) of the Act \17\ and Rule 19b-
4(f)(6) \18\ thereunder, the Exchange has designated this proposal as 
one that effects a change that: (i) does not significantly affect the 
protection of investors or the public interest; (ii) does not impose 
any significant burden on competition; and (iii) by its terms, does not 
become operative for 30 days after the date of the filing, or such 
shorter time as the Commission may designate if consistent with the 
protection of investors and the public interest.\19\
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    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f)(6).
    \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 this 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#3b494e575e16585456565e554f487b485e58155c544d"><span class="__cf_email__" data-cfemail="5123243d347c323e3c3c343f2522112234327f363e27">[email&#160;protected]</span></a>. Please include 
File Number SR-PEARL-2026-41 on the subject line.

Paper Comments

    <bullet> Send paper comments in triplicate to Vanessa Countryman, 
Secretary, Securities and Exchange Commission, 100 F Street NE, 
Washington, DC 20549-1090.

All submissions should refer to file number SR-PEARL-2026-41. 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 also 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-PEARL-2026-41 and should be submitted on 
or before October 26, 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. 2026-20302 Filed 10-2-26; 8:45 am]
BILLING CODE 8011-01-P


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