"Until a security appears on a non-SEC reporting threshold list for 13 consecutive settlement days and an open fail position for such security exists for that same period, Rule 3210 does not require a broker-dealer to close out the open fail position."
That's the close-out rule. Not the requirement to appear on the list itself.
nukuhiva - that is for issues already on the list!
"Until a security appears on a non-SEC reporting threshold list for 13 consecutive settlement days and an open fail position for such security exists for that same period, Rule 3210 does not require a broker-dealer to close out the open fail position."