; (B) if the Secretary determines that there is adequate evidence to make such a finding, issue a proposed administrative order containing the Secretary’s initial determination on the safety of such ingredient or nonfunctional constituent (or category thereof) as described in paragraph (4) and shall post such order on the internet website of the Food and Drug Administration, notwithstanding subchapter II of chapter 5 of title 5, United States Code; and (C) in the case of a proposed administrative order in which the Secretary makes a determination described in subparagraph (B) or (C) of paragraph (4), include in such order a compliance date . (2) Public comment The Secretary shall open a public docket for the submission of public comments (including comments on whether any proposed compliance date included in such order is feasible)— (A) in the case of a proposed administrative order under paragraph (1), for a period of not less than 60 days, beginning on the date of the issuance of the order; or (B) in the case of a final administrative order under paragraph (3), for a period of not less than 60 days, beginning on the date that is at least 60 days before the effective date of the order. (3) Final administrative order Following the public comment period under paragraph (2) and consideration of comments to the public docket under such paragraph and any other information before the Secretary, the Secretary shall— (A) determine whether there is adequate evidence to make an initial finding for purposes of making a determination described in paragraph (4); (B) if the Secretary determines that there is adequate evidence to make such a final finding, the Secretary shall issue a final administrative order and shall post such order on the internet website of the Food and Drug Administration, notwithstanding subchapter II of chapter 5 of title 5, United States Code