You may be right. I hope you are.
However, the way I read it, item #3 is referring to the same letter as item #1.
Footnote #1 says the letter is meaningless, it's just the feeling of the staff (which includes part #3 about recommending enforceability in 6 months). That was all the staff's feeling, but it's just that---feelings.
But like I said, I will be more than happy to be wrong.