[Code of Federal Regulations]
[Title 10, Volume 3]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR431.428]

[Page 447-448]
 
                            TITLE 10--ENERGY
 
                    CHAPTER II--DEPARTMENT OF ENERGY
 
PART 431_ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL 
EQUIPMENT--Table of Contents
 
    Subpart W_Petitions To Exempt State Regulation From Preemption; 
           Petitions To Withdraw Exemption of State Regulation
 
Sec. 431.428  Effective dates of final rules.

    (a) A final rule exempting a State standard from Federal preemption 
will be effective:

[[Page 448]]

    (1) Upon publication in the Federal Register if the Secretary 
determines that such rule is needed to meet an ``energy emergency 
condition'' within the State;
    (2) Three years after such rule is published in the Federal 
Register; or
    (3) Five years after such rule is published in the Federal Register 
if the Secretary determines that such additional time is necessary due 
to the burdens of retooling, redesign or distribution.
    (b) A final rule withdrawing a rule exempting a State standard will 
be effective upon publication in the Federal Register.