; and (ii) considered made accessible to the public after a placement described in clause (i), provided that the nongovernmental person who holds a legal right to prohibit or limit reproduction, distribution, or public display of the information makes the information reasonably available upon request in a timely manner to any member of the public who requests a copy of the information. (C) Exception Subparagraphs (A) and (B) shall not apply with respect to information that is exempt from disclosure under section 552(b). (3) Information quality If an agency proposes a rule that rests upon scientific, technical, or economic information, the agency shall— (A) propose the rule on the basis of the best reasonably available scientific, technical, or economic information; and (B) to the maximum extent practicable, use that information in compliance with the guidelines issued under section 515 of the Treasury and General Government Appropriations Act, 2001 ( Public Law 106–554 ; 114 Stat. 2763A–154). (4) Public comment (A) In general After publishing a notice of proposed rulemaking under paragraph (1), an agency shall provide interested persons an opportunity to participate in the rulemaking through the submission of written material, data, views, or arguments with or without opportunity for oral presentation, except that— (i) if a public hearing is convened under subsection (e), reasonable opportunity for oral presentation shall be provided at the public hearing as provided in subsection (e); and (ii) when, other than as provided in subsection (e), a rule is required by statute to be made on the record after opportunity for an agency hearing— (I) sections 556 and 557 shall apply