; and (III) the resolution of the disputed factual issues described in subclause (I) would likely have an effect on— (aa) the costs and benefits of the proposed rule; or (bb) whether the proposed rule achieves the statutory purpose. (ii) Denial of petition If an agency denies a petition submitted under clause (i) in whole or in part, the agency shall include in the rulemaking record an explanation for the denial sufficient for judicial review, including— (I) findings by the agency that— (aa) there is no genuine dispute as to the factual issues raised by the petition; or (bb) with respect to a rule that the agency is required to reissue not less frequently than once every 3 years, the interested person submitting the petition could have raised the disputed factual issues in the petition during the 5-year period preceding the date on which the petition is submitted; and (II) a reasoned determination by the agency that the factual issues raised by the petition, even if subject to genuine dispute and not subject to subclause (I)(bb), will not have an effect on— (aa) the costs and benefits of the proposed rule; or (bb) whether the proposed rule achieves the statutory purpose. (iii) Inclusion in the record A petition submitted under subparagraph (A) with respect to a high-impact rule and the decision of an agency with respect to the petition shall be included in the rulemaking record. (C) Petition for public hearing for certain major rules (i) In general In the case of a major rule described in section 551(18)(A), any interested person may petition for a hearing under this subsection on the grounds and within the time limitation described in subparagraph (B)(i). (ii) Agency authority to deny petition An agency may deny a petition submitted to the agency under clause (i) if the agency reasonably determines that— (I) a hearing— (aa) would not advance the consideration of the proposed rule by the agency; or (bb) would, in light of the need for agency action, unreasonably delay completion of the rulemaking