# 2026-01622: Rescission of Portions of Permanent Program Performance Standards Regulating Subsidence Controls for Underground Mines

2026-01622, Rescission of Portions of Permanent Program Performance Standards Regulating Subsidence Controls for Underground Mines, is a Federal Register rule from Interior Department, Surface Mining Reclamation and Enforcement Office published 2026-01-27, effective 2025-11-28 (as of 2026-06-11).

- Canonical: https://policyrisk.com/federal-register/2026-01622
- As of: 2026-06-11
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Document number: 2026-01622
- Title: Rescission of Portions of Permanent Program Performance Standards Regulating Subsidence Controls for Underground Mines
- Type: Rule
- Agencies: Interior Department; Surface Mining Reclamation and Enforcement Office
- Citation: 91 FR 3373
- Published: 2026-01-27
- Effective: 2025-11-28
- Comments close: not stated
- Significant: no
- Touches household money: no
- Regulation identifier numbers: 1029-AC91
- Last updated: 2026-06-11

## Summary

Starting January 27, 2026, the government is removing some old rules that automatically blamed underground mines for damage to nearby homes. This change affects underground mining companies and homeowners near mines by making it fairer to prove if mining caused any damage. No big costs or delays are expected, and the rule is moving forward after a quick review.

## Abstract

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.

## Effects PRIA read

No economic effects identified for this document.

## Related documents

- [2025-21443](https://policyrisk.com/federal-register/2025-21443): Rescission of Fee Rates, 2025-11-28
- [2026-17821](https://policyrisk.com/federal-register/2026-17821): Montana Regulatory Program, 2026-09-01
- [2026-17333](https://policyrisk.com/federal-register/2026-17333): Montana Regulatory Program, 2026-08-25
- [2026-17055](https://policyrisk.com/federal-register/2026-17055): Montana Regulatory Program, 2026-08-21
- [2026-16318](https://policyrisk.com/federal-register/2026-16318): North Dakota Regulatory Program, 2026-08-11
- [2026-16136](https://policyrisk.com/federal-register/2026-16136): Ohio Regulatory Program, 2026-08-07

## Sources
- [2026-01622 on federalregister.gov](https://www.federalregister.gov/documents/2026/01/27/2026-01622/rescission-of-portions-of-permanent-program-performance-standards-regulating-subsidence-controls-for)
- [2026-01622 as published (PDF)](https://www.govinfo.gov/content/pkg/FR-2026-01-27/pdf/2026-01622.pdf)

## Related
- [Previous: 2026-01570, Rescission of Portions of Permanent Program Performance Standards Related to Si…](https://policyrisk.com/federal-register/2026-01570)
- [Next: 2026-01642, Special Conditions: Safran Electric & Power S.A. ENGINeTM US100 Series Electric…](https://policyrisk.com/federal-register/2026-01642)
- [All Federal Register documents](https://policyrisk.com/federal-register)

Source: PRIA, https://policyrisk.com/federal-register/2026-01622 (as of 2026-06-11).