; or (B) if such proposed covered agency action is not provided to the Office of Management and Budget or any other Federal agency for review and comment, not later than 90 days before the date on which the agency head publishes in the Federal Register or otherwise makes available for public inspection or comment such proposed covered agency action. (2) Commission comments The Commission, in consultation with the ERO, shall, by order, provide to the agency head that provides a proposed covered agency action to the Commission under paragraph (1) comments on such proposed covered agency action. (3) Agency response An agency head may not finalize a proposed covered agency action for which a determination is made under paragraph (1)— (A) until the agency head has responded in writing to the Commission with an explanation of how the agency head has modified, or why the agency head has determined not to modify, such proposed covered agency action in response to each comment provided by the Commission under paragraph (2); or (B) if the Commission finds that the agency head has not modified such proposed covered agency action based on the comments provided by the Commission under paragraph (2) to prevent a significant negative impact on the reliability and adequacy of the bulk-power system in North America. (4) Public availability of comments and responses An agency head shall include the comments and responses for the proposed covered agency action in the proposed agency action as— (A) submitted to the Federal Register for publication