in the future. (f) Exemptions The Commission may, by order, exempt an ancillary asset from the specified periodic disclosure requirements under subsection (c) if the Commission determines that the public policy goals of disclosure and consumer protection are not satisfied by requiring disclosures relating to an ancillary asset. (g) Rule of construction If an issuer fails to comply with a provision of this section, an ancillary asset provided by the issuer shall not be presumed to be a security under a provision of law described in subsection (b)(4)(A)(ii), solely because of such failure. (h) Liability for false and misleading statements Any statement made in a disclosure, application, or other document filed under this section shall be subject to section 18. (i) Termination of specified periodic disclosure requirements (1) In general The obligation of an issuer to file the information required under subsection (c) shall terminate on the date that is 90 days, or such shorter period as the Commission may determine, after the date on which the issuer files a certification described in paragraph (2). (2) Certification (A) In general A certification described in this paragraph shall be supported by reasonable evidence, based on the knowledge of the issuer filing the certification, after due inquiry, that— (i) the average daily aggregate value of all trading in the applicable ancillary asset in all spot markets open to the public in the United States in the 12-month period preceding the date on which the certification is filed was not greater than $5,000,000