10 CFR §431.428
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (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.