Data / Federal rules / 2026-01622

Rescission of Portions of Permanent Program Performance Standards Regulating Subsidence Controls for Underground Mines

The Surface Mining Reclamation and Enforcement Office published this final rule in the Federal Register on January 27, 2026. It took effect on January 27, 2026.

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What the agency says

The Office of Surface Mining Reclamation and Enforcement (OSM) is confirming the effective date of January 27, 2026, for the direct final rule "Rescission of Portions of Permanent Program Performance Standards Regulating Subsidence Controls for Underground Mines," published on November 28, 2025. The direct final rule lifts the suspension of the regulatory provision and revises the Federal regulations to remove paragraphs related to establishing a rebuttable presumption of causation for damage to any non-commercial building or occupied residential dwelling or structure related thereto that occurs as a result of earth movement within an area determined by projecting a specified angle of draw from the outermost boundary of any underground mine workings to the surface of the land. During the comment period, OSM received one substantive comment. That comment was not a significant adverse comment because it did not effectively challenge the rule's underlying premise or approach or explain why the rule would be inappropriate without a change. As a result, the comment does not warrant a delay of the effective date.

Key facts

Document number

2026-01622

Type

Final rule

Action

Direct final rule; confirmation of effective date

Agency

Interior Department; Surface Mining Reclamation and Enforcement Office

Published

January 27, 2026

Takes effect

January 27, 2026

Dates

The effective date of the rule published November 28, 2025, at 90 FR 54577 is confirmed as January 27, 2026.

Docket

Docket No. OSM-2025-0009; S1D1S SS08011000 SX064A000 256S180110; S2D2S SS08011000 SX064A000 25XS501520

Regulation ID (RIN)

1029-AC91

Code of Federal Regulations

30 CFR 817

Pages

2

The document on federalregister.gov PDF

Other documents from the Surface Mining Reclamation and Enforcement Office

Everything from the Surface Mining Reclamation and Enforcement Office · Published in January 2026

Read from the Federal Register API, last updated 2026-10-24. The document on federalregister.gov is the official record; dates and dockets can change through later corrections. Free to reuse with credit to SpecStream under CC BY 4.0.