2026-05-05 | 2026-08721

Added

Technical Amendments to Rule 610(e) of Regulation NMS and Delegation of Authority

The Securities and Exchange Commission adopted technical amendments to correct outdated cross-references in Rule 610(e)(3) of Regulation NMS and in 17 CFR 200.30–3(a)(81) following the renumbering of certain paragraphs. These changes update references from paragraph (d)(1) to (e)(1) regarding locking and crossing quotations, and from Rule 610(e) to Rule 610(f) regarding the delegation of authority to grant or deny exemptions. The amendments are effective May 5, 2026, and ensure the regulatory text accurately reflects the current structure of the rules without making substantive changes.

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This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Rules and Regulations Federal Register 24115 Vol. 91, No. 86 Tuesday, May 5, 2026 1 17 CFR 242.610(e)(1). 2 17 CFR 242.610(e)(3). 3See Securities Exchange Act Release No. 101070, 89 FR 81620 (Oct. 8, 2024) (Regulation NMS 2024 Release). SECURITIES AND EXCHANGE COMMISSION 17 CFR Parts 200 and 242 [Release No. 34–105346] Technical Amendments to Rule 610(e) of Regulation NMS and to Delegation of Authority To Grant or Deny Exemptions From Rule 610 of Regulation NMS AGENCY: Securities and Exchange Commission. ACTION: Final rule; technical amendment. SUMMARY: The Securities and Exchange Commission (‘‘Commission’’) is adopting technical amendments to correct an outdated cross-reference in its rules relating to locking and crossing quotations, and to correct an outdated cross-reference in its rules delegating authority to the Commission’s staff to grant certain exemptions. DATES: The amendments are effective May 5, 2026. FOR FURTHER INFORMATION CONTACT: Jennifer Dodd, Special Counsel, Office of Market Supervision, at (202) 551– 5500, Division of Trading and Markets, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549. SUPPLEMENTARY INFORMATION: The Commission is adopting technical amendments to the following rules: Commission reference CFR citation (17 CFR) Securities Exchange Act of 1934 (‘‘Exchange Act’’) ......... § 200.30–3 Regulation NMS: Rule 610 ....... § 242.610 I. Introduction Pursuant to Rule 610(e)(1) of Regulation NMS under the Exchange Act, each national securities exchange and national securities association shall establish, maintain, and enforce written rules that require its members reasonably to avoid displaying quotations that lock or cross any protected quotation in an NMS stock; and displaying manual quotations that lock or cross any quotation in an NMS stock disseminated pursuant to an effective national market system plan.1 Rule 610(e)(3) requires that each national securities exchange and national securities association shall also establish, maintain, and enforce written rules that prohibit its members from engaging in a pattern or practice of displaying quotations that lock or cross any protected quotation in an NMS stock, or of displaying manual quotations that lock or cross any quotation in an NMS stock disseminated pursuant to an effective national market system plan, other than displaying quotations that lock or cross any protected or other quotation as permitted by an exception contained in its ‘‘rules established pursuant to paragraph (d)(1)’’ of Rule 610.2 On September 18, 2024, the Commission adopted Regulation NMS: Minimum Pricing Increments, Access Fees and Transparency of Better Priced Orders 3 which, among other things, renumbered former paragraph (d) of Rule 610 as paragraph (e), without making any substantive changes. This amendment makes a technical correction to Rule 610(e)(3) to reflect that the cross reference to ‘‘paragraph (d)(1)’’ should be updated to instead reference ‘‘paragraph (e)(1)’’ to conform to such renumbering. Pursuant to 17 CFR 200.30–3, the Commission has delegated certain functions to the Director of the Division of Trading and Markets (‘‘Director’’) to be performed by the Director or under the Director’s direction by such person or persons as may be designated from time to time by the Chairman of the Commission, including the authority to grant and deny exemptions from Rule 610. The Commission is amending 17 CFR 200.30–3(a)(81) to correct an outdated cross-reference to the subsection of Rule 610 that authorizes the Commission to grant exemptions from Rule 610. Currently, 17 CFR 200.30–3(a)(81) states that the Commission delegates to the Director the ability to ‘‘grant or deny exemptions from Rule 610 (17 CFR 242.610), pursuant to Rule 610(e) (17 CFR 242.610(e)).’’ As discussed above, in the Regulation NMS 2024 Release, the Commission renumbered certain paragraphs of Rule 610, including renumbering Rule 610(e), which previously provided the Commission’s authority to grant exemptions from Rule 610, as Rule 610(f), without making any substantive changes to such authority. This amendment makes a technical correction to 17 CFR 200.30–3(a)(81) to reflect such renumbering. Statutory Authority We are adopting these technical amendments under the authority set forth in sections 4A and 23(a) of the Securities Exchange Act of 1934. List of Subjects 17 CFR Part 200 Authority delegations (Government agencies). 17 CFR Part 242 Brokers, Reporting and recordkeeping requirements, Securities. Text of Amendments For reasons set forth in the preamble, title 17, chapter II of the Code of Federal Regulations is amended as follows: PART 200—ORGANIZATION; CONDUCT AND ETHICS; AND INFORMATION AND REQUESTS Subpart A—Organization and Program Management ■ 1. The authority citation for part 200 continues to read as follows: Authority: 5 U.S.C. 552, 552a, 552b, and 557; 11 U.S.C. 901 and 1109(a); 15 U.S.C. 77c, 77e, 77f, 77g, 77h, 77j, 77o, 77q, 77s, 77u, 77z–3, 77ggg(a), 77hhh, 77sss, 77uuu, 78b, 78c(b), 78d, 78d–1, 78d–2, 78e, 78f, 78g, 78h, 78i, 78k, 78k–1, 78l, 78m, 78n, 78o, 78o–4, 78q, 78q–1, 78t–1, 78u, 78w, 78ll(d), 78mm, 78eee, 80a–8, 80a–20, 80a–24, 80a– 29, 80a–37, 80a–41, 80a–44(a), 80a–44(b), 80b–3, 80b–4, 80b–5, 80b–9, 80b–10(a), 80b– 11, 7202, and 7211 et seq.; 29 U.S.C. 794; 44 U.S.C. 3506 and 3507; Reorganization Plan No. 10 of 1950 (15 U.S.C. 78d); sec. 8G, Pub. L. 95–452, 92 Stat. 1101 (5 U.S.C. App.); sec. 913, Pub. L. 111–203, 124 Stat. 1376, 1827; sec. 3(a), Pub. L. 114–185, 130 Stat. 538; E.O. 11222, 30 FR 6469, 3 CFR, 1964–1965 Comp., p. 36; E.O. 12356, 47 FR 14874, 3 CFR, 1982 Comp., p. 166; E.O. 12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 235; Information Security Oversight Office Directive No. 1, 47 VerDate Sep<11>2014 16:16 May 04, 2026 Jkt 268001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\05MYR1.SGM 05MYR1 khammond on DSK9W7S144PROD with RULES

24116 Federal Register / Vol. 91, No. 86 / Tuesday, May 5, 2026 / Rules and Regulations FR 27836; and 5 CFR 735.104 and 5 CFR parts 2634 and 2635, unless otherwise noted. ■ 2. Amend § 200.30–3 by revising paragraph (a)(81) to read as follows: § 200.30–3 Delegation of authority to Director of Division of Trading and Markets.


(a) * * * (81) To grant or deny exemptions from Rule 610 (17 CFR 242.610), pursuant to Rule 610(f) (17 CFR 242.610(f)).


PART 242—REGULATIONS M, SHO, ATS, AC, NMS, SE, AND SBSR, AND CUSTOMER MARGIN REQUIREMENTS FOR SECURITY FUTURES ■ 3. The authority citation for part 242 continues to read as follows: Authority: 15 U.S.C. 77g, 77q(a), 77s(a), 78b, 78c, 78c–4, 78g(c)(2), 78i(a), 78j, 78k– 1(c), 78l, 78m, 78n, 78o(b), 78o(c), 78o(g), 78q(a), 78q(b), 78q(h), 78w(a), 78dd–1, 78mm, 80a–23, 80a–29, 80a–37, and 8343. § 242.610 [Amended] ■ 4. Amend § 242.610 in paragraph (e)(3) by removing the text ‘‘paragraph (d)(1)’’ and adding in its place ‘‘paragraph (e)(1)’’. Dated: May 1, 2026. J. Matthew DeLesDernier, Deputy Secretary. [FR Doc. 2026–08721 Filed 5–4–26; 8:45 am] BILLING CODE 8011–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG–2026–0477] RIN 1625–AA08 Special Local Regulation; Lake Erie, OH AGENCY: Coast Guard, Department of Homeland Security. ACTION: Temporary final rule. SUMMARY: The Coast Guard is establishing a temporary special local regulation (SLR) for certain navigable waters of Lake Erie. The SLR is needed to protect personnel, vessels, and the marine environment from potential hazards created during an overnight sailboat race beginning June 5, 2026, and ending the morning of June 6, 2026. This regulation prohibits persons and vessels from entering the regulated area unless specifically authorized by the Captain of the Port Detroit or their designated representative. DATES: This rule is effective from 5 p.m. on June 5, 2026, through 10 a.m. on June 6, 2026. ADDRESSES: To view available documents go to https:// www.regulations.gov and search for USCG–2026–0477. FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, contact MST1 Cera Turner, Marine Safety Unit Toledo Waterways Management Division, U.S. Coast Guard; telephone 419–418–6050, or email D09-SMB-MSUToledo-WWM@ uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section SLR Special Local Regulation U.S.C. United States Code II. Background and Authority An organization notified the Coast Guard that from 5 p.m. on June 5, 2026, through 10 a.m. on June 6, 2026, they will sponsor an overnight sailing race. The Coast Guard received a request under 33 CFR 100.15 from the Toledo Yacht Club for a Marine Event Permit to host an overnight sailing race from the Toledo Harbor Light to South Bass Island on Lake Erie. The sailing event will include approximately 120 participants and 15 spectator craft. The Captain of the Port Detroit (COTP) is issuing this special local regulation (SLR) under the authority in 46 U.S.C. 70041. The COTP has determined that potential hazards associated with the overnight sailing race include increased vessel congestion due to the number of participants, restricted maneuverability of racing sailboats, and racing in the pathway of commercial traffic (ferries). The purpose of this rulemaking is to protect event participants, non-participants, and transiting vessels before, during, and after the scheduled event. Because of these potential hazards, the Coast Guard is issuing this rule without prior notice and comment. As is authorized by 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is impracticable. We must establish this SLR by June 5, 2026, to protect personnel and vessels. Therefore, we do not have enough time to solicit and respond to comments. For the same reason, the Coast Guard finds that under 5 U.S.C. 553(d)(3), good cause exists for making this rule effective less than 30 days after publication in the Federal Register. III. Discussion of the Rule This rule establishes a temporary SLR from 5 p.m. on June 5, 2026, through 10 a.m. on June 6, 2026. The special local regulation will cover all navigable waters within 100 yards of the racing sailing vessels. No vessel or person will be permitted to enter the regulated area without obtaining permission from the COTP or their designated representative. IV. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders. A. Impact on Small Entities The regulatory flexibility analysis provisions of the Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, do not apply to rules that are not subject to notice and comment. Because the Coast Guard has, for good cause, waived the notice and comment requirement that would otherwise apply to this rulemaking, the Regulatory Flexibility Act’s flexibility analysis provisions do not apply here. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), if this rule will affect your small business, organization, or governmental jurisdiction and you have questions, contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards by calling 1– 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. B. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). C. Federalism and Indian Tribal Governments We have analyzed this rule under Executive Order 13132, Federalism, and have determined that it is consistent with the fundamental federalism VerDate Sep<11>2014 16:16 May 04, 2026 Jkt 268001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\05MYR1.SGM 05MYR1 khammond on DSK9W7S144PROD with RULES