; and (3) the historical trading relations of the United States with Canada and Mexico. (e) Waiver of notice and comment period (1) In general Subject to paragraph (2), subchapter II of chapter 5 of title 5, United States Code, shall apply with respect to the promulgation of any rule pursuant to this section. (2) Waiver (A) In general The President may waive with respect to the promulgation of any rule pursuant to this section the notice and comment provisions of subchapter II of chapter 5 of title 5, United States Code, only if the President determines that compliance with the requirements may seriously impair the ability of the President to impose effective and timely prohibitions on exports. (B) Opportunity for comment If the notice and comment provisions of subchapter II of chapter 5 of title 5, United States Code, are waived under subparagraph (A) with respect to a rule promulgated under this section, the President shall provide interested persons an opportunity to comment on the rule as soon as practicable after the date on which the rule is promulgated. (3) Enforcement and penalty provisions If the President determines to request the Secretary of Commerce to impose specified restrictions pursuant to subsection (c), the enforcement and penalty provisions of the Export Administration Act of 1979 ( 50 U.S.C. 4601 et seq.) (as continued in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.)) shall apply to any violation of the restrictions. . (b) Clerical and conforming amendments (1) Clerical amendment The table of contents for the Energy Policy and Conservation Act (42 U.S.C. prec. 6201) is amended by inserting before the item relating to section 104 the following: 103. Domestic use of energy supplies and related materials and equipment. . (2) Conforming amendment Section 101 of division O of the Consolidated Appropriations Act, 2016 ( 42 U.S.C. 6212a ), is amended by striking subsections (b) through (d).