Repeal of regulations required before issuance of a new rule

(a) Requirement for rule An agency may not issue a rule unless the agency has repealed 3 or more rules described in subsection (c) that, to the extent practicable, are related to the rule. (b) Requirement for major rule (1) Repeal required An agency may not issue a major rule unless— (A) the agency has repealed 3 or more rules described in subsection (c) that, to the extent practicable, are related to the major rule; and (B) the cost of the new major rule is less than or equal to the cost of the rules repealed. (2) Certified cost For any rule issued in accordance with paragraph (1), the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget shall certify that the cost of the new major rule is equal to or less than the cost of the rules repealed. (c) Repealed rules described A rule described in this subsection— (1) does not include an interpretative rule, general statement of policy, or rule of agency organization, procedure, or practice; and (2) was issued through the notice and comment rulemaking process under section 553 of title 5, United States Code. (d) Publication required Any rule repealed under subsection (a) or (b) shall be published in the Federal Register. (e) Applicability This section— (1) applies to any rule or major rule that imposes a cost or responsibility on a nongovernmental person or a State or local government; and (2) shall not apply to any rule or major rule that relates to the management, organization, or personnel of an agency or procurement by the agency.