[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.