; 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 relevant statutory objectives, including the objectives of the statutory provision on which the rulemaking relies. (ii) Denial of petition If an agency denies a petition submitted under subparagraph (A) in whole or in part, the agency shall include in the rulemaking record an explanation for the denial that is 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 relevant statutory objectives, including the objectives of the statutory provision on which the rulemaking relies. (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. (2) Notice of hearing Not later than 45 days before the date on which a hearing is held under this subsection, an agency shall publish in the Federal Register a notice specifying— (A) the proposed rule to be considered at the hearing