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While it was encouraging that DHS is engaging in an open rulemaking process , complete with a public comment period , the content of the proposed rule was troubling . " The clause " for joists under 40 feet " was mistakenly taken from the proposed rule , and was not supposed to be included in the final rule . These policies and procedures must include the ability to monitor for and detect instances of non-compliance with the proposed rule as well as provide for enforcement of the proposed rule . Another choice would be to adopt the proposed rule without the automated market exception and extend the existing three-cent de minimis exemption to all securities covered by the proposed rule , either with or without the proposed opt-out exception .