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

What it does

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.

The Surface Mining Reclamation and Enforcement Office's summary, as published in the Federal Register.

What changed in the regulation

1 part of Title 30 of the Code of Federal Regulations:

30 CFR 817

Wording on eCFR: the day before it took effect and from the day it took effect (first part listed).

Compared with

The Surface Mining Reclamation and Enforcement Office has published 21 final rules in 2026 so far, compared with 24 in all of 2025.

Counted by the Tribune from Federal Register records since Jan. 1, 2025.

Before this

1 earlier Federal Register document under regulation identifier 1029-AC91 since Jan. 1, 2025.

• Nov. 28, 2025 Direct final rule; request for comments. Rescission of Portions of Permanent Program Performance Standards Regulating Subsidence Controls for Underground Mines

What happens next and when

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

The agency's dates, word for word.

Check it yourself

• The document in the Federal Register
• Docket OSM-2025-0009 on Regulations.gov
• Title 30 on eCFR

The record as published

Source: the Federal Register (public domain). The document in the Federal Register