; (ii) a general description of regulatory alternatives under consideration; (iii) the legal authority under which a major rule may be proposed, including whether a rule making is required by statute, and if so, whether by a specific date, or whether the agency has discretion to commence a rule making; and (iv) an achievable objective for the major rule and metrics by which the agency expects to measure progress toward that objective; (B) solicit written data, views, and argument from interested persons concerning the information and issues addressed in the advance notice; and (C) provide for a period of not less than 60 days for interested persons to submit such written data, views, or argument to the agency. (3) Exceptions This subsection shall not apply to a major rule if— (A) the agency proposing the major rule is not required to publish a notice of proposed rule making in the Federal Register for the major rule under subsection (b)(3)(B); (B) the Administrator of the Office of Information and Regulatory Affairs determines that complying with the requirements described in this subsection— (i) would not serve the public interest; or (ii) would be unduly burdensome and duplicative of processes required by specific statutory requirements as rigorous as those prescribed in paragraph (2); or (C) the agency proposing the major rule is otherwise specifically exempted by law from the notice and comment rule making procedures under this section. (4) Judicial review (A) In general A determination made by the Administrator of the Office of Information and Regulatory Affairs in accordance with paragraph (3)(B) shall not be subject to judicial review. (B) Arbitrary and capricious Any deviation between policies set forth in the written statement of an agency under paragraph (2)(A) and any final agency action shall not be considered arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law under section 706(2)(A). .