§  51.320   Assumption of responsibility by the Commission.

   If a state commission fails to exercise its authority under § 51.319,
   any party seeking that the Commission step into the role of the state
   commission shall file with the Commission and serve on the state
   commission a petition that explains with specificity the bases for the
   petition and information that supports the claim that the state
   commission has failed to act. Subsequent to the Commission's issuing a
   public notice and soliciting comments on the petition from interested
   parties, the Commission will rule on the petition within 90 days of the
   date of the public notice. If it agrees that the state commission has
   failed to act, the Commission will assume responsibility for the
   proceeding, and within nine months from the date it assumed
   responsibility for the proceeding, make any findings in accordance with
   the Commission's rules.

   [ 68 FR 52305 , Sept. 2, 2003]