---
kind: "section"
citation: "10 C.F.R. § 431.428"
title: "10"
number: "431.428"
heading: "Effective dates of final rules."
url: "https://uscodex.org/cfr/10/431.428"
---

# §431.428. Effective dates of final rules.

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

## Notes

### Source

Source: 69 FR 61941, Oct. 21, 2004, unless otherwise noted. Redesignated at 70 FR 60417, Oct. 18, 2005.

### Authority

Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.

### Source

Source: 64 FR 54141, Oct. 5, 1999, unless otherwise noted.