; (E) is incorporating the terms of a regulatory improvement waiver under section 20125(h); or (F) (i) is not required by law to publish a notice of proposed rulemaking before issuing a final rule; and (ii) does not voluntarily publish such notice of proposed rulemaking. (c) Advance notice of proposed rulemaking (1) In general An advance notice of proposed rulemaking published under subsection (a) shall— (A) describe the need to be addressed, including— (i) the supporting information demonstrating the need; (ii) the failures of private markets that warrant new agency action, if applicable; and (iii) whether existing law, including regulations, has created or contributed to the need; (B) identify the legal authority under which the rule may be proposed, including— (i) whether a rulemaking is specifically directed by statute; and (ii) each statutory deadline for regulatory action, if applicable; (C) describe, in general terms, any available regulatory alternatives, including— (i) if rulemaking is not specifically directed by statute, the alternative of not regulating; (ii) any alternatives that specify performance objectives rather than identify or require the specific manner of compliance that regulated entities must adopt; (iii) any alternatives that involve the deployment of innovative technology or practices; and (iv) any alternatives that involve different requirements for different types or sizes of businesses, if applicable; (D) describe how the proposed rule addresses the need described in subparagraph (A); (E) identify at least one achievable objective for the proposed rule, and the metrics by which the Secretary expects to measure progress toward that objective; and (F) solicit public comment, for at least 60 days, on the advance notice of proposed rulemaking, including specific solicitation for comment on— (i) any supporting information that informs the need for or effects of the available regulatory alternatives