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

Document 2026-01622 is a Final Rule published by the Department of Interior in the Federal Register on January 27, 2026, with an effective date of January 27, 2026. 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. View the original at https://www.federalregister.gov/documents/2026/01/27/2026-01622/rescission-of-portions-of-permanent-program-performance-standards-regulating-subsidence-controls-for.

No. Document 2026-01622 is not classified as economically significant under Executive Order 12866. Economically significant rules require OIRA review and are estimated to have impacts of $100 million or more per year.