; and (ii) if the agency intends to issue a rule, comply with the procedures required under subsection (c). (B) Contents A notice of determination of other agency course published under subparagraph (A)(i) shall include— (i) a description of the alternative response the agency has determined to adopt; and (ii) if the agency intends to issue a rule, any information required under subsection (c). (e) Final rules (1) Net benefits of major rule (A) In general Except as provided in subparagraph (B), in a rulemaking for a major rule, an agency shall adopt the alternative considered under subsection (b)(5) that best minimizes costs while maximizing net benefits, taking into consideration only the costs and benefits that arise within the scope of the statutory provision that authorizes the rulemaking. (B) Exceptions In a rulemaking for a major rule, an agency may adopt an alternative other than as required under subparagraph (A) only if— (i) the Administrator approves the adoption by the agency of the alternative; and (ii) the alternative is adopted to— (I) account for costs or benefits that cannot be quantified, including costs or benefits related to constitutional or civil rights, provided that the agency identifies all such costs and benefits and explains why those costs and benefits justify the adoption of the alternative; or (II) achieve additional benefits or cost reductions, provided that the agency— (aa) identifies— (AA) all such additional benefits and the associated costs of those benefits; and (BB) all such cost reductions and the associated benefits of those cost reductions; and (bb) explains why— (AA) the additional benefits justify the additional costs