; or (B) if the identified agency proposal is not provided to the Office of Management and Budget or any other Federal agency for formal 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 the identified agency proposal. (3) (A) The Commission, in consultation with the ERO, shall, by order, provide to the agency head comments on the identified agency proposal. (B) An agency head shall not finalize any identified agency proposal that is the subject of a comment from the Commission under subparagraph (A) until the agency head has responded in writing to the Commission with an explanation of how the agency head has modified or determined not to modify the identified agency proposal in response to the comment from the Commission. (C) Not later than the date on which an identified agency proposal with respect to which a comment is provided by the Commission under subparagraph (A) is published in the Federal Register, the agency head shall— (i) include the comment and any response provided by the agency head under subparagraph (B) in the public record of the applicable proceeding relating to the identified agency proposal