NOTICE OF DISPOSITION DOCKET 2011-3edit 2011-3/2011_3_Disposition.pdf · SEPTEMBER 16, 2011 DISPOSITION BULLETIN 1316 Page 2 '2011 National Motor Freight Traffic Association, Inc

1001 North Fairfax Street, Suite 600 ♦ Alexandria, VA 22314-1798 ♦ ph: 703.838.1810 ♦ fax: 703.683.1094web: www.nmfta.org ♦ email: [email protected]

DISPOSITION BULLETIN 1316

September 16, 2011

NOTICE OF DISPOSITION – DOCKET 2011-3This notice reflects proposed amendments considered by the Commodity Classification

Standards Board (CCSB) at the public meeting on September 12, 2011, and the action of theCCSB on each proposal.

Dispositions resulting in amendments to the National Motor Freight Classification (NMFC)will be published in a supplement to the NMFC, unless reconsideration is granted or arbitrationis requested in accordance with the CCSB’s rules. The supplement is scheduled to be issuedon November 3, 2011, with an effective date of December 3, 2011, except as otherwisenoted.

The CCSB may, in its discretion and for good cause shown, reconsider any docketedproposal on which disposition has been made. Requests for reconsideration must be made bymail, email or fax and must be received in my office no later than 5:00 pm Eastern Time,October 12, 2011.

If the proponent of a proposal or any party of record to a proposal disagrees with thedisposition of that proposal, they may request neutral arbitration. Requests for arbitration mustbe made by mail, email or fax and must be received in my office no later than 5:00 pmEastern Time, October 12, 2011.

Information on the CCSB, its procedures for amending the NMFC and its rules governingarbitration—including a list of available neutral arbitrators—may be obtained online atwww.nmfta.org. Go to “CCSB” on the navigation bar. If you do not have Internet access, or ifyou need assistance, please contact me at 703-838-1826 or [email protected].

Please reference the docket and subject numbers on all correspondence.

COMMODITY CLASSIFICATION STANDARDS BOARD

Joel L. RingerChairman

©2011 National Motor Freight Traffic Association, Inc.

SEPTEMBER 16, 2011 DISPOSITION BULLETIN 1316

Page 2 ©2011 National Motor Freight Traffic Association, Inc.

SUBJECT 1 — DOCKET 2011-3 — APPROVED AS DOCKETED

Item Description Class

PALLETS GROUP: subject to item 150300150430 Pallets, Platforms or Skids, for lift trucks, fiberboard, paperboard or

pulpboard, with KD flat bodies or enclosures or without bodies orenclosures, in packages:

Sub 1 NOI ...................................................................................................................250Sub 2 No Change.

Comment

Item 150430, sub 1 is amended to provide a class 250, resulting in a reduction from thecurrent class 300.

Staff Contact: Donald A. Newell Telephone — (703) 838-1890 [email protected]

SUBJECT 2 — DOCKET 2011-3 — APPROVED AS MODIFIED


AUTOMOBILE PARTS GROUP: subject to item 1780018496 Detonators, Igniters or Squibs, crash protection air bag deploying,

etc..................................................................................................Cancel; seeitem 64300

18497 NOTE—Cancel; no further application.18890 Inflators or Modules, air bag crash protection, etc......................... Cancel; see

item A-NEW18891 NOTE—Cancel; no further application.18892 NOTE—Cancel; no further application.19697 Systems, automobile crash protection, gas generating type

(Air Bags), etc. ................................................................... Cancel; obsolete19698 NOTE—Cancel; no further application.64300 Explosives, consisting of ammunition, explosive or incendiary, or gas

or smoke or tear producing; Explosives, NOI; Propellants,explosive; Blasting Agents; Detonators, Igniters or Squibs, motorvehicle air bag deploying; Fireworks; Flares, NOI; or Ammunition orCartridges, small arms, blank or loaded; in containers asprovided in Item 540:

Subs 1-2 No Change.64301 NOTE—No Change.64302 NOTE—Applies only on articles named when classed as Class 1, Division 1.4, 1.5

or 1.6, explosives, ORM-D, or flammable solids or liquids in the U.S.Department of Transportation hazardous materials regulations. Bill of ladingdescriptions must also conform to the requirements of the U.S. Departmentof Transportation hazardous materials regulations.


©2011 National Motor Freight Traffic Association, Inc. Page 3

SUBJECT 2 — DOCKET 2011-3 — APPROVED AS MODIFIED — Concluded


VEHICLE PARTS: subject to item 190500A-NEW Inflators or Modules, air bag, motor vehicle supplemental restraint

system, see Note, item B-NEW, in boxes:Sub 1 Offered for transportation as a Hazard Class 1, Division 1.4, see Note,

item C-NEW.............................................................................................. 85Sub 2 Offered for transportation as a Hazard Class 9, see Note, item D-NEW ..... 77.5

B-NEW NOTE—Applies on air bag inflators or modules as defined in 49 CFR §173.166.C-NEW NOTE—Applies on materials regulated by the U.S. Department of Transportation

as a Hazard Class 1, Division 1.4, Explosive, as defined in 49 CFR §173.50and required to bear a notice to that effect on bills of lading andpackaging.

D-NEW NOTE—Applies on materials regulated by the U.S. Department of Transportationas a Hazard Class 9, Miscellaneous Hazardous Material, as defined in 49CFR §173.140 and required to bear a notice to that effect on bills oflading and packaging.

Comment

A new item is established under the Vehicle Parts generic heading for air bag inflators ormodules used in motor vehicle supplemental restraint systems, with a class 85 assigned toinflators or modules offered for transportation as a Hazard Class 1, Division 1.4, and a class 77.5assigned to those offered for transportation as a Hazard Class 9. Three Notes are establishedand referenced by the new item clarifiying the application of the provisions. Item 18890, whichcurrently applies on air bag inflators or modules, is canceled with reference to the new item.Item 18496, applying on detonators, igniters or squibs, crash protection air bag deploying, iscanceled with reference to item 64300, and item 64300 is concurrently amended to include“Detonators, Igniters or Squibs, motor vehicle air bag deploying.” Note, item 64302 is amendedby removing the restrictive language, “Does not apply on automotive air bag deployingdetonators or squibs.” Item 19697, applying on air bag systems designated as flammable solid,is canceled as obsolete. Notes, items 18497, 18891, 18892 and 19698 are canceled as havingno further application.

Staff Contact: Erin N. Topper Telephone — (703) 838-8856 [email protected]





69186* NOTE—Fire extinguishers must comply with U.S. DOT specifications.69190 Fire Extinguishers, with or without chemical, not charged, see Notes,

items 69186 and NEW, in boxes or crates:Sub 1 Wheeled................................................................................................................125Sub 2 Other than wheeled:Sub 3 Plastic.................................................................................................................. 150Sub 4 Metal .................................................................................................................... 85

NEW NOTE—Fire extinguishers containing chemical will be regarded as not chargedprovided such chemical is at a pressure that is insufficient to allow itsrelease.

*Published in Supplement 2 to NMF 100-AK, issued on June 23, 2011 with an effective date ofJuly 23, 2011.

Comment

Item 69190 is amended to apply on fire extinguishers, with or without chemical, notcharged, with a class 125 assigned to wheeled fire extinguishers, and the current class 150 andclass 85 maintained respectively for plastic or metal fire extinguishers, other than wheeled. Areference to Note, item 69186 is added to item 69190 as is a reference to a new Note clarifyingthe term “not charged.”




CONDUITS, OTHER THAN EARTHEN, GROUP: subject to item 5075050755 Assemblies, chimney or smoke flue, metal, see Notes, items 50757

and 50759, in boxes or crates ................................................................17550757 NOTE—Applies on Chimney or Smoke Flue Pipe, with or without Elbows or Tees,

in mixed shipment with two or more other chimney or smoke fluecomponents such as: Adapters; Brackets; Collars; Spark Arresters; Wall orLocking Bands; Chimney Caps; Connectors; Kits, chimney, wall or ceiling;Plates; Sleeves; Flashings; Shields; Supports; and Thimbles.

50758 NOTE—Cancel; no further application.50759 NOTE—No Change.

Comment

Item 50755 is amended to apply on “metal” chimney or smoke flue assemblies in lieu of“sheet steel,” and the class is increased from 92.5 to 175. The word “only” in Note, item 50757 isremoved, and Note, item 50758 is canceled with no further application.

Staff Contact: William F. Mascaro Telephone — (703) 838-1834 [email protected]





TANKS: subject to item 180750181070 Expansion, steel, etc ...............................................................................Cancel; see

item 181700181700 Tanks, iron or steel, see Notes, items 181701 and 181702, viz.:

Expansion;Fuel Tanks, NOI;Hot Water Storage or Hydropneumatic, with or without

glass lining;Tanks, NOI;

Sub 1 In boxes or crates, subject to Item 170 and having a density inpounds per cubic foot of:

Sub 2 Less than 6...........................................................................................200Sub 3 6 but less than 10 .................................................................................. 125Sub 4 10 or greater ............................................................................................ 70Sub 5 Other than in boxes or crates, subject to Item 170 and having a

density in pounds per cubic foot of:Sub 6 Less than 6...........................................................................................250Sub 7 6 but less than 10 .................................................................................. 150Sub 8 10 or greater ............................................................................................ 85

181701 NOTE—No Change.181702 NOTE—No Change.

Comment

Item 181070 is canceled with reference to item 181700. Concurrently, item 181700 isamended by adding a listing for expansion tanks, and the classes in subs 2 and 6 applying ontanks having a density of less than 6 pcf are reduced from 250 and 300 to 200 and 250,respectively.


SUBJECT 6 — DOCKET 2011-3 — DEFERRED

THE FOLLOWING AMENDMENTS WERE NOT ADOPTED;DISPOSITION OF THIS SUBJECT WAS DEFERRED TO THE CCSB MEETING ON JANUARY 23, 2012


DRAWING INSTRUMENTS, OPTICAL GOODS OR SCIENTIFIC INSTRUMENTS:subject to item 57670

NEW Contact Lenses, soft, in saline solution, in inner containers in boxes ................. 92.557940 Lenses, optical, NOI, etc.............................................................................No Change58110 Optical Goods or Instruments, NOI, etc. ..................................................No Change



SUBJECT 6 — DOCKET 2011-3 — DEFERRED — Concluded

Comment

Disposition of the proposal was deferred to the CCSB meeting on January 23, 2012. Thecurrent provisions will continue to apply.

Staff Contact: George M. Beck Telephone — (703) 838-1813 [email protected]



CLOTHING GROUP: subject to item 4979049880 Clothing, see Notes, items 49881 and 49885, viz.:

Costumes, masquerade or theatrical, including mascot orentertainment character, see Note, item NEW;

[Other Articles Listed—No Change.]In boxes or Packages 1401 or 2265, subject to Items 170 and 171

and having a density in pounds per cubic foot of:Sub 1 Less than 1.............................................................................................. 400Sub 2 1 but less than 2 .................................................................................... 300Sub 3 2 but less than 4 .................................................................................... 250Sub 4 4 but less than 6 .................................................................................... 150Sub 5 6 but less than 8 .................................................................................... 125Sub 6 8 but less than 10 .................................................................................. 100Sub 7 10 but less than 12 .................................................................................. 92.5Sub 8 12 but less than 15 .................................................................................. 85Sub 9 15 or greater ............................................................................................ 70

49881 NOTE—No Change.49885 NOTE—No Change.NEW NOTE—Also applies on costumes with masks or other accessories in the same

package, or when formed or molded into the shape of figures or images.54050 Costumes, mascot or entertainment character, etc ............................... Cancel; see

item 49880

Comment

Item 54050 is canceled with reference to item 49880. Concurrently, item 49880 isamended by adding a listing for “Costumes, masquerade or theatrical, including mascot orentertainment character.” Additionally, a new Note is added to clarify that item 49880 will alsoapply on costumes with masks or other accessories in the same package and on costumesformed or molded into figures or images.






LAMPS OR LIGHTING GROUP: subject to item 109000109700 Lamps or Lighting Fixtures, see Notes, items 109701, 109702, 109703

and 109704, viz.:String Lights or Rope Lights, including Christmas or Holiday String Lights

or Rope Lights;[Other Articles Listed — No Change.]

[Remainder of Item — No Change.]109701 NOTE—No Change.109702 NOTE—No Change.109703 NOTE—No Change.109704 NOTE—No Change.109705 NOTE—No Change.109706 NOTE—No Change.109886 Sets or Outfits, Christmas tree lighting, etc. ..........................................Cancel; see

item 109700

Comment

Item 109886 is canceled with reference to item 109700. Concurrently, item 109700 isamended by adding a listing for “String Lights or Rope Lights, including Christmas or HolidayString Lights or Rope Lights.”

Staff Contact: William F. Mascaro Telephone — (703) 838-1834 [email protected] D. Ripke Telephone — (703) 838-1869 [email protected]


ITEM 535

EXPIRATION DATES

Items or other provisions making reference hereto expire with the date indicated unlesssuch dates are changed or canceled in accordance with the Rules of Procedure for Changesin the National Motor Freight Classification.

Item or Package Provisions which expire Date expiringNone



SUBJECT 9 — DOCKET 2011-3 — APPROVED AS DOCKETED — Concluded


LAMPS OR LIGHTING GROUP: subject to item 109000109700 Lamps or Lighting Fixtures, see Notes, items 109701, 109702, 109703

and 109704, viz.:Fluorescent or High Intensity Discharge (HID) Lighting Fixtures, NOI,

with equipment of transformer or ballast, also in Packages220, 233, 790, 919, 1406, 2228, 2312, 2477 or 2533, see Note,item 109705;

[Other Articles Listed—No Change.]In boxes or crates, subject to Items 170 and 171 and having a

density in pounds per cubic foot of, see Note, item 109706:Subs 1-11 No Change.

109701-109706 NOTES—No Change.

Package 2533No Change.

Comment

The expiration date on Package 2533 is removed. Item (Rule) 535 and item 109700 areamended to remove reference to the expiration date.



Sec. 7 of Item (Rule) 680 is amended as follows:

ITEM 680

PACKING OR PACKAGING—GENERAL

Secs. 1-6. No Change.

Articles Secured to Skids or to Lift Truck Skids, Pallets or Platforms, or Bundled TogetherSec. 7. (a) Articles in packages or shipping forms, as authorized in individual item

descriptions, will be accepted when secured on skids meeting the requirements of Item 270.When articles are authorized to move 'on skids' within individual item descriptions, skids mustmeet the requirements of Item 270.

Sec. 7. (b) Articles in packages or shipping forms, as authorized in individual itemdescriptions, will be accepted when unitized or secured on lift truck skids, pallets orplatforms meeting the requirements of Item 265. Unless otherwise provided, when in thespecifications of numbered packages or in individual item descriptions articles are required tomove on lift truck skids, pallets or platforms, such skids, pallets or platforms must meet therequirements of Item 265. Except where required in individual item descriptions, it isrecommended that articles unitized or secured on lift truck skids, pallets or platforms notoverhang the skid, pallet or platform deck.



SUBJECT 10 — DOCKET 2011-3 — APPROVED AS MODIFIED — Concluded

Sec. 7. (c) Articles in fiberboard boxes complying with the construction requirements for suchcontainers, as authorized in individual item descriptions, will be accepted when unitized intobundles with stretch or heat-shrinkable plastic film, or the strapping materials named in Item 680,Secs. 9 (a) or (b). Materials used to bundle containers must be of sufficient number andstrength to maintain the integrity of the unit during transportation.

Secs. 8-13. No Change.

Comment

Sec. 7 of Item (Rule) 680 is amended to provided uniformity between the sections and toremove the term “elevating.” Sec. 7(b) is amended to state that it is recommended that freightunitized or secured on lift truck skids, pallets or platforms not overhang the deck of the lift truckskid, pallet or platform. Sec. 7(c) is amended to require the materials used to bundle theindividual packages together to be of sufficient number and strength to maintain the integrityof the unit.




BUILDING MATERIALS, MISCELLANEOUS, GROUP: subject to item 3357035150 Paving Joints, roadway, pulpboard, asphalt saturated, and steel

combined, etc .............................................................................Cancel; seeitem NEW

35155 Paving Joints, roadway expansion, cork and binder, etc .................Cancel; seeitem NEW

35160 Paving Joints, roadway expansion; asphalt or asphalt base; or plastic orrubber, other than foam, cellular, expanded, etc ................Cancel; see

item NEW35170 Paving Joints, roadway, steel and copper combined or steel, copper and

asphalt combined, etc ............................................................... Cancel; seeitem NEW

NEW Joints or Seals, pavement, including Expansion Joints or Seals, in packages:Sub 1 Asphalt or asphalt base..................................................................................... 55Sub 2 Cork and binder combined .............................................................................. 70Sub 3 Plastic or rubber ...............................................................................................77.5Sub 4 Pulpboard, asphalt saturated, and steel combined..................................... 70Sub 5 Steel and copper combined or steel, copper and asphalt combined ..... 85

Comment

Items 35150, 35155, 35160 and 35170 are canceled and reestablished under onecommon descriptive heading reading, “Joints or Seals, pavement, including Expansion Joints orSeals.” The provisions for plastic or rubber joints or seals are amended for clarification along witha class adjustment to 77.5.

Staff Contact: Daniel E. Horning Telephone — (703) 838-1820 [email protected]




Package 5F is amended to read as follows:

Package 5F

(1) WOODEN CRATE REQUIREMENTS:(a) Lumber must be well seasoned, reasonably sound, and free from bad cross grain and

knots that would interfere with nailing or knots greater than 1/3 the width of the lumber.(b) When weight of crate and contents does not exceed 250 pounds, the minimum

dimensions of lumber used for structural frame members or suspension strips must be not lessthan 3/4 x 2 inches or 5/8 x 3 inches.

(c) When weight of crate and contents exceeds 250 pounds, the minimum dimensions oflumber used for structural frame members or suspension strips must be not less than 7/8 x 3 inchesor 3/4 x 35/8 inches.

(d) Crates must be constructed with double-nailed three-way locking corners, as shownin Item 245.

(e) Openings between slats on all faces of crate covering a finished or upholsteredsurface must not exceed 8 inches.

(f) Crates must be constructed with diagonal bracing double-nailed at each end on atleast front and back faces. Diagonals must run in opposite directions.

(2) INTERIOR PACKAGING:(a) All articles must be securely anchored, suspended or blocked within crate.(b) Articles with legs exceeding 8 inches in length without stretchers, or extending 8

inches or more below stretchers, must be suspended not less than 3/4 inch from bottom of crate.(c) Paragraphs (2)(a) and (2)(b) apply except: suspension is not required for chairs or

sofas that have each pair of legs made of one piece of bent plywood or bent metal tubingwhen such legs rest on crate members, the dimensions of which must not be less than thedimensions of the structural frame members of the crate.

(d) Clearance of not less than 1 inch must be maintained between inside surfaces ofcontainer and any finished or upholstered surface. All finished or upholstered surfaces exceptlegs and stretchers must be covered to protect from soiling.

(e) When all finished or upholstered surfaces are completely covered with pads orblankets complying with specifications of Note, item 79024, articles may be packed withoutclearance or with clearance less than specified in the preceding paragraph.

Comment

Package 5F is amended for clarification, simplification and updating.






LIQUORS, BEVERAGE: subject to item 111400111450 Liquors, alcoholic, NOI, in boxes, drums or Packages 1343, 1352,

2297 or 2332...................................................................................... No Change111452 NOTE—Cancel; no further application.111470 Liquors, malt: Ale, Beer, Beer Tonic, Porter, Stout or Nonintoxicating

Cereal Beverage, in glass in bottle carriers with tops securelyfastened, see Note, item 111473, or in boxes, drums orPackages 174, 788, 1257, 1360, 1376, 1447 or 2297..................... No Change

111473 NOTE—No Change.111490 Vermouth, in boxes, drums or Package 2297 .......................................No Change111510 Wine, NOI, in boxes, drums or Packages 1342, 1376, 2297, 2437 or 2444 ....... 100111655 Litter, animal or poultry, with or without additives, in bags, boxes or drums,

subject to Item 170 and having a density in pounds per cubic foot of:Subs 1-3 No Change.

Comment

Items 111450, 111470, 111490, 111510 and 111655 are amended to remove or updatearchaic packaging references, including cancellation of Note, item 111452, and sub 1 of item111510.




RACKS: subject to item 163900164235 Gun, motor vehicle window, etc..................................................Cancel; obsolete164350 Phonograph Record Cabinet, etc................................................Cancel; obsolete164420 Racks, spacer, meat shipping, etc ..............................................Cancel; obsolete164422 NOTE—Cancel; no further application.

Comment

Items 164235, 164350 and 164420 are canceled as obsolete. Note, item 164422 iscanceled as having no further application.

Staff Contact: Nathan D. Ripke Telephone — (703) 838-1869 [email protected]





172440 Sausage or Food Product Casings, cellulose, etc.....................................Cancel; seeitem NEW

172450 Sausage or Food Product Casings, collagen, etc ....................................Cancel; seeitem NEW

172460 Sausage Casings, dried, NOI, etc ............................................................... Cancel; seeitem NEW

172480 Sausage Casings, frozen, pickled or salted, etc .......................................Cancel; seeitem NEW

NEW Casings, sausage or food product, in boxes:Sub 1 Dried, NOI ................................................................................................................ 100Sub 2 Collagen .................................................................................................................... 77.5Sub 3 Cellulose, plastic film or fibrous paper, also in Package 121.............................. 65Sub 4 Frozen, pickled or salted.......................................................................................... 65

Comment

Items 172440, 172450, 172460 and 172480 are canceled with reference to a new item,naming “Casings, sausage or food product” with subprovisions based on the presentcommodity distinctions, and no class changes. Outdated packaging references to drums,pails, and metal cans in crates are removed.

Staff Contact: Nathan D. Ripke Telephone — (703) 838-1869 [email protected]


Item (Rule) 265 is amended as follows:

ITEM 265

DEFINITION OF OR SPECIFICATIONS FOR LIFT TRUCK SKIDS, PALLETS OR PLATFORMS

Sec. 1. Definition—Lift truck skids, pallets or platforms are portable platforms, generallyhaving rectangular or square dimensions. Top decks (surfaces) provide a flat load-bearing areaand may be of solid, slatted, intersticed, ribbed or open framework construction. Top decks areattached to and supported by multiple stringers (runners) or blocks (posts) sufficient to supportthe load. Lift truck skids, pallets or platforms may or may not have bodies, enclosures, standards,stacking posts or bottom decks, but do not have wheels or casters. Construction may be of solidor composite wood, fiberboard, metal, plastic or any combination thereof. Design material andconstruction are dependent on load type, planned use, and whether expendable or reusable.

Sec. 2. Requirements—Lift truck skids, pallets or platforms must be of sufficient design, sizeand strength to support a double-tiered load of equal weight and distribution, and to preventunderside damage to article(s) caused by forklift handling equipment.



SUBJECT 16 — DOCKET 2011-3 — APPROVED AS DOCKETED — Concluded

Comment

Item (Rule) 265 is amended to provide two new sections: one for a basic definition of,and the other to provide minimum requirements for, lift truck skids, pallets or platforms. The titleis amended to add “or Specifications for” and to remove “Elevating or” for clarification andupdating purposes.




Amended National Motor Freight Classification Procedures as Approved by the CCSB

PREAMBLE — PURPOSE AND SCOPE

These procedures (“Procedures”) pertain to the investigation, initiation, consideration andhandling of matters related to maintenance of the National Motor Freight Classification(hereinafter called the NMFC) and describe the organization and responsibilities of theCommodity Classification Standards Board (hereinafter called the CCSB).

PART I — COMMODITY CLASSIFICATION STANDARDS BOARD — ORGANIZATION ANDRESPONSIBILITIES

Section 1. Organization

a) The CCSB is an autonomous board, which shall be composed of not less than three (3)and not more than seven (7) full-time employees of the National Motor Freight TrafficAssociation, Inc. (hereinafter called NMFTA), one of whom shall be Chairman.

b) The Chairman of the CCSB shall be appointed by the Executive Director or GeneralManager of NMFTA.

c) The members of the CCSB shall be appointed by the Executive Director or GeneralManager of NMFTA in consultation with the Chairman of the CCSB.

d) The Chairman of the CCSB may appoint such committees or working groups as arerequired to conduct the work of the CCSB.

Section 2. Responsibilities

The CCSB shall be responsible for:

a) investigating, initiating, considering and acting on matters affecting the provisions ofthe NMFC, including: proposals for amending the classification of commodities;commodity descriptions; classes; rules; packaging definitions, specifications orrequirements; bill of lading formats, terms and conditions; and any other provisionscontained in the NMFC;

b) directing and monitoring NMFTA staff in its performance of analytical and supportservices relating to the NMFC;

c) reviewing and revising these Procedures as necessary;

d) reviewing and revising the CCSB’s Policies and Guidelines as necessary;

e) upon request, providing assistance to, and/or making NMFTA staff available to provideassistance to, carriers and shippers in making appropriate proposals for amending theNMFC;

f) upon request, and on a direct-cost reimbursement basis, assisting and/or makingNMFTA staff available to assist shippers in conducting research on matters relating tothe NMFC, and when the research reveals that an amendment to the NMFC might bewarranted, initiating, considering and acting on proposals for amending the NMFC; and



Amended National Motor Freight Classification Procedures — Continued

g) instructing the Publishing Agent of the NMFC as to any amendments to the NMFC thatresult from the implementation of these Procedures.

PART II — RULES OF PROCEDURE FOR AMENDING THE PROVISIONS OF THE NATIONAL MOTORFREIGHT CLASSIFICATION

ARTICLE I — PROCEDURES OF THE CCSB

Rule 1. Proposal Forms

The CCSB shall provide a suitable form(s) for the submission of proposals for amendingthe provisions of the NMFC.

Rule 2. Proposals

a) Proposals for amending the NMFC may be filed by any person, firm, corporation orgroup having an interest in the contents of the NMFC, including the CCSB itself.

b) Proposals for amending the NMFC shall be submitted in writing to the Chairman ofthe CCSB.

c) Upon request, the CCSB shall assist anyone wishing to file a proposal in preparingsuch proposal.

d) Each proposal shall be docketed, and the Chairman of the CCSB shall placeproposals on the first available docket for public hearing.

e) Upon request, the name(s) of the proponent(s) of a proposal shall be promptlydivulged to any interested person.

Rule 3. Docket Bulletins and Individual Notice

a) Not less than forty-five (45) days prior to a public meeting of the CCSB, the CCSBshall:

1. publish a Docket Bulletin describing the proposals that will be considered atthat meeting;

2. post the Docket Bulletin on the NMFTA’s website; and

3. mail or email the Docket Bulletin to proponents of the proposals that will beconsidered at the meeting and to all subscribers to the Docket Bulletin.(Anyone may subscribe to the Docket Bulletin through NMFTA’s website and bypaying an annual subscription fee.)

b) The Docket Bulletin shall specify the time, date and place of the meeting, and shallcontain the full text of each proposal along with the relevant CCSB report(analysis), or a summary thereof, and specify how to contact the staff memberassigned to the proposal, how to contact the proponent(s) of the proposal andhow to obtain the raw data and any other information in the CCSB’s public docketfile.




c) The CCSB shall contemporaneously mail or email individual notice to all shippersthat participated in any research activities leading to docketed proposals.Individual notice shall likewise be provided to all trade and professional associationsthat have been identified by the CCSB as representing shippers of the involvedproduct(s). Individual notice shall specify the time, date and place of the meeting,NMFTA’s website address for online access to the Docket Bulletin and instructions forobtaining access to the CCSB’s public files, which contain any reports (analyses)the CCSB has prepared concerning a docketed proposal from its own informationand that provided by any party.

Rule 4. Parties of Record

Any person may become a party of record to a docketed proposal by communicatingan interest in writing by mail, email or facsimile to the Chairman of the CCSB prior to thepublic meeting at which the proposal will be considered. The proponent(s) of aproposal, anyone who has submitted a written statement prior to the meeting, oranyone who attends the meeting in connection with the proposal will be registered asa party of record to that proposal.

Rule 5. Public Docket Files

a) Copies of all reports, analyses, studies, work papers, supporting raw data and otherinformation in the CCSB’s possession relating to a docketed proposal, including thefull text of the proposal and any written statements or written presentations madeat the CCSB’s public meeting(s), shall be made available in a public docket file.The public docket file will not name the entity that provided the raw data. Thesource of the raw data will be identified as “shipper/receiver,” “carrier,” or the like.

b) The CCSB will post the public docket files on NMFTA’s website, organized by docketand subject numbers, each file including an index of documents. Online access tothe files will be without charge.

c) Any interested person may also obtain the CCSB’s public file on any docketedproposal by submitting a request in writing by mail, email or facsimile to the CCSB.The request must specify the docket and subject numbers, the material(s) sought,and whether the material(s) is to be furnished by mail or email or made availablefor courier pickup. The material(s) will be mailed, emailed or made available forcourier pickup no later than two (2) business days after the request is received. Ifthe request is received before the docket record is closed, the material(s) will befurnished as of the date the request is received. After the docket record is closed,any material(s) added to the public file subsequent to the date of the request willbe furnished, as per the requesting party’s instructions, within two (2) business days.A reasonable charge will be assessed for these services.

d) The CCSB’s public docket files will be retained for a period of at least five (5) years.Public files posted on NMFTA’s website will be retained there until final disposition,including any arbitration proceeding.




Rule 6. Public Meetings and Conduct of Business

a) Meetings open to the public shall be conducted by the CCSB on all docketedproposals. The meetings shall provide an interactive forum where interestedpersons can exchange information, ideas and opinions on any issue or topicrelating to the NMFC. Such meetings shall be held at least three (3) times per year.

b) The CCSB may also hold special meetings to consider and vote on docketedproposals, as deemed necessary and appropriate by the Chairman of the CCSB.Such special meetings shall be open to the public and shall be subject to the samenotification and procedural requirements herein.

c) At all meetings the presence of not less than 60% of the membership of the CCSBshall be necessary to transact business. Meetings shall be governed by Robert’sRules of Order. Formal minutes of all meetings and a record of the maker andseconder of every motion respecting a docketed proposal and the vote of allmembers thereon shall be maintained.

d) Any person may participate at public meetings by presenting views orally and/or inwriting on any proposal under consideration; however, only written statements andwritten presentations will be incorporated into the public docket file. The Chairmanof the CCSB shall schedule a reasonable amount of time for an appearancebefore the CCSB.

e) Note-taking and/or sound recordings are permitted at these public meetingsprovided that the meeting is not disrupted by such activities.

Rule 7. Disposition of Proposals

a) In considering a docketed proposal, the CCSB will be guided exclusively by:

1. the public record consisting of all material in the public docket file that hasbeen established by the process set forth in these Procedures;

2. the applicable regulatory and legal standards and precedent establishing thereasonableness of classification provisions;

3. relevant classification precedent;

4. principles of procedural fairness as set forth herein and the arguments of theparties based on the public file; and

5. the CCSB’s Policies and Directives of record contained in the public file. Whenevaluating commodities in connection with the assignment of classes, theCCSB must consider the four transportation characteristics of density,stowability, handling and liability.

i. Density – It has been well established that, absent any unusual or significantstowability, handling or liability characteristics, density is of primeimportance in the assignment of classes. The CCSB has developed densityguidelines that are used in the assignment of classes.




Commodities or commodity groups exhibiting a wide density range notaccurately reflected by a single overall average density may be assigneddensity-based classes.

ii. Stowability – In evaluating the classification of a particular commodity orcommodity group, the CCSB must examine stowability and its impact onthe transportability of the involved commodities. Unusual or significantstowability considerations may warrant deviation from the CCSB's densityguidelines.

iii. Handling – In evaluating the classification of a particular commodity orcommodity group, the CCSB must consider ease or difficulty of handlingand the impact of such on the transportability of the involved commodities.Unusual or significant handling characteristics may warrant deviation fromthe CCSB's density guidelines.

iv. Liability – The liability characteristic includes susceptibility to theft, liability todamage, propensity to damage other freight with which transported,perishability, propensity to spontaneous combustion or explosion, and valueper pound. Value per pound provides a measure of carriers' potentialliability, and the CCSB has established value guidelines to assist in theassignment of classes. Unlike density, however, value per pound is not inand of itself a transportation characteristic. It is only one component of theliability characteristic, and accordingly, information relating to value perpound must be analyzed in conjunction with an analysis of the other liabilityelements. Where the other liability elements are found to present nosubstantial problems or concerns, value per pound is of less significance. Aswith stowability and handling, where unusual or significant liabilitycharacteristics are revealed, the CCSB may deviate from the densityguidelines.

The CCSB’s Policies and Directives are included in their entirety in the Appendixto these Procedures.

b) In acting on a docketed proposal, the CCSB may:

1. approve the proposal as docketed;

2. disapprove the proposal as docketed;

3. modify and approve the proposal; or

4. at its discretion defer disposition to its next meeting.

c) In modifying a docketed proposal, the CCSB may not broaden the scope of theproposal as shown in the Docket Bulletin. Any action that would go beyond thescope of the docketed proposal would require the docketing of a new proposal.

d) A majority vote of the CCSB members present at the meeting shall govern its actionand upon request, a tally of the votes cast will be promptly divulged.




e) The proponent(s) of a proposal may withdraw it at any time prior to the proposal’sapproval or disapproval by the CCSB.

Rule 8. Reconsideration

a) The CCSB may, in its discretion and for good cause shown, reconsider anydocketed proposal on which disposition has been made, provided that request forreconsideration is made in writing by mail, email or facsimile and such request isreceived by the Chairman of the CCSB no later than 5:00 pm Eastern Time on thethirtieth (30th) day following the CCSB’s initial disposition.

b) The CCSB may vote on its own motion to reconsider a docketed proposal on whichdisposition has been made, provided it does so no later than 5:00 pm Eastern Timeon the thirtieth (30th) day following its initial disposition.

c) Once initiated by the CCSB, reconsideration is governed by the same proceduralrules as those applicable to the CCSB’s initial disposition.

Rule 9. Notice and Publication

a) Notice of CCSB dispositions of docketed proposals shall be provided by mail oremail to the proponents, other parties of record and subscribers to the DocketBulletin and any parties that have submitted written requests for such notice.Notice of CCSB dispositions will also be posted on the NMFTA’s website.

b) The Chairman of the CCSB shall instruct the Publishing Agent of the NMFC ofamendments to be made to the NMFC in accordance with the disposition ofproposals.

c) Amendments to the NMFC resulting from actions taken by the CCSB under theseProcedures shall be published in a Supplement to be issued not less than thirty (30)days after disposition by the CCSB.

d) Changes to the NMFC will become effective not less than seven (7) business daysafter the issue date of the Supplement.

Rule 10. Changes Without Docketing

Changes in the NMFC made necessary by law, by order of a regulatory body or forclarification may be made without docketing or observance of the Procedures herein.Notice of such changes shall be provided in the Docket Bulletin and posted on NMFTA’swebsite.

Rule 11. Independent Action

a) The CCSB may not interfere with a carrier’s free and unrestrained right ofindependent action.

b) Any expert analysis or technical assistance provided by the CCSB or by otheremployees or employee committees of NMFTA concerning any independentaction proposal shall be kept confidential.




ARTICLE II — ARBITRATION

The CCSB’s disposition of a docketed proposal may be set for arbitration by any party ofrecord to that proposal subject to the following rules:

Rule 1. Request for Arbitration

The party or parties seeking relief shall be referred to as the claimant(s) and the CCSBshall be referred to as the respondent. Claimant(s) shall notify the Chairman of theCCSB by mail, email or facsimile that arbitration is requested, and such notice must bereceived by the Chairman of the CCSB no later than 5:00 pm Eastern Time on thethirtieth (30th) day following the CCSB’s disposition of the docketed proposal involved.

Rule 2. Selection of Arbitrator

a) The Chairman of the CCSB shall post on NMFTA’s website a list of not less than ten(10) neutral arbitrators selected by an independent arbitration association. If aperson does not have Internet capability, upon notice by that party that it wishes toseek arbitration, the Chairman, within two (2) business days after that notice, willprovide the list of not less than ten (10) neutral arbitrators by overnight delivery,email or facsimile. The claimant(s) and the Chairman of the CCSB shall confer bytelephone, email or facsimile within three (3) business days after the list of neutralarbitrators has been received by the claimant(s) or was available to the claimant(s)on NMFTA’s website to mutually agree to a neutral arbitrator. If the claimant(s) andthe Chairman select different neutral arbitrators, and cannot agree on a singleneutral arbitrator, they will so notify the arbitration association, and the twoselected arbitrators will choose the arbitrator to handle the matter from theremaining arbitrators on the list who were not selected. The arbitration associationshall be notified by telephone, email or facsimile of the selection of the neutralarbitrator, and the arbitration association shall determine whether the selectedneutral arbitrator has a conflict of interest. The claimant(s) and the Chairman of theCCSB shall be notified promptly of the results of that inquiry. If the neutral arbitratorselected has a conflict of interest, the two originally selected arbitrators will chooseanother neutral arbitrator until no conflict of interest exists.

b) The list of neutral arbitrators will be utilized unless, within seven (7) business days afternotice of arbitration is provided by a claimant, the parties mutually agree to utilizea neutral arbitrator not identified on the list.

Rule 3. Commencing the Arbitration Process

Prior to the commencement of the review by the neutral arbitrator, claimant(s) and theChairman of the CCSB will be required to execute an arbitration agreement. Uponreceipt of the signed arbitration agreement, the arbitration association shall direct theselected neutral arbitrator to commence the proceeding and shall notify claimant(s)and the Chairman of the CCSB by email or facsimile that the proceeding hascommenced. The claimant(s) and NMFTA will share equally in the fees charged for thearbitration process by the arbitration association, except that each will bear their ownlegal or representation fees and administrative costs.




Rule 4. Transmittal of Public Record

Within one (1) business day after receiving notice that the proceeding hascommenced, the Chairman of the CCSB shall forward to the arbitrator and theclaimant(s) by overnight delivery a complete copy of the CCSB public docket file.

Rule 5. Parties’ Statements of Position

a) Within seven (7) business days after receiving notice that the proceeding hascommenced, the claimant(s) may submit to the arbitrator a statement of positionas to why the classification action is not in conformity with established classificationstandards. A copy of the statement shall be provided by overnight delivery, emailor facsimile to the Chairman of the CCSB. Within ten (10) business days after thereceipt of claimant’s(s’) statement(s) the CCSB may submit a response by overnightdelivery, email or facsimile to the arbitrator, and send a copy by overnight delivery,email or facsimile to the claimant(s). At the arbitrator’s discretion, rebuttalstatement(s) may be submitted by the claimant(s) by overnight delivery, email orfacsimile within five (5) business days after receipt of the CCSB’s reply. A copy ofthe rebuttal(s) must be served contemporaneously by overnight delivery, email orfacsimile to the Chairman of the CCSB.

b) If either the claimant(s) or the CCSB believes that a submitted statement includeserroneous, misleading or inappropriate evidence or issues, a motion may be filed tobring same to the attention of the arbitrator. Such motion must be submitted withinthree (3) business days after receipt of the statement involved, and the otherparty(ies) may respond thereto within three (3) business days after receipt of themotion. Motion and response shall be transmitted to the arbitrator and otherparty(ies) by overnight delivery, email or facsimile.

Rule 6. Decision of Arbitrator

Within thirty (30) days after the receipt of the parties’ statements of position, thearbitrator shall issue a written decision determining whether or not to affirm thechallenged classification action. The arbitrator’s decision will consider statements onappeal submitted by the parties, but such statements must not include inappropriateevidence or issues and must not seek or constitute a de novo review. The arbitrator’sconclusions shall be governed by the established regulatory and legal standards andprecedent for evaluating the reasonableness of classification provisions. Thereasonableness of the class(es) proposed for any commodity shall be determinedexclusively by comparison of that commodity’s four recognized transportationcharacteristics (density, stowability, handling and liability, as defined by the InterstateCommerce Commission in Ex Parte No. MC-98 (Sub-No. 1), Investigation Into MotorCarrier Classification, 367 I.C.C. 243 (1983) and related cases) with the transportationcharacteristics of other commodities that are assigned a comparable class(es). Thedecision will set forth the essential reasoning that was relied upon in reaching theseconclusions. The arbitrator’s decision shall be final. Amendments to the NMFC resultingfrom decisions of an arbitrator under these Procedures shall be published in aSupplement to be issued not less than fifteen (15) days after arbitrator issues his or herwritten decision.



Amended National Motor Freight Classification Procedures — Concluded

PART III — AMENDMENTS TO PROCEDURES

Section 1. CCSB Action

These Procedures may be amended or revised at any regular or special meeting of theCCSB by a two-thirds majority vote of the members, provided that forty-five (45) days’public notice of the proposed amendment(s) shall have been provided in the CCSB’sDocket Bulletin and posted on NMFTA’s website. Such notice shall set forth the exactlanguage of the proposed amendment, but the CCSB shall be empowered to change ormodify such language so long as the amendment as finally adopted is within the scopeand purpose of the proposed amendment of which notice was given.

Section 2. Force and Effect

An amendment adopted and approved as herein shall become a part of these Procedureswith like force and effect as if it had been originally incorporated herein.

Amended Policies and Directives Pertaining to the National Motor Freight Classificationas Approved by the CCSB

COMMODITY CLASSIFICATION STANDARDS BOARD POLICIES AND DIRECTIVESPERTAINING TO THE NATIONAL MOTOR FREIGHT CLASSIFICATION

I. Commodity Classification Standards Board Policies

Following are the policies of the Commodity Classification Standards Board (hereinaftercalled the CCSB) for maintaining the commodity descriptions; classes; rules; packagingdefinitions, specifications or requirements; and other provisions of the National Motor FreightClassification (hereinafter called the NMFC). These policies reflect the standards andrequirements previously established or approved by the Surface Transportation Board (STB)and the former Interstate Commerce Commission (ICC). They are based on and consistentwith decisions and precedent of the STB, ICC, and the Federal Courts as well as thedispositions of the CCSB and the former National Classification Committee (NCC).

A. Transportation Characteristics – When evaluating commodities in connection with theassignment of classes, the CCSB must consider the four transportation characteristics ofdensity, stowability, handling and liability, as set forth in the decisions in Ex Parte No.MC-98 (Sub-No. 1), Investigation Into Motor Carrier Classification.

1. Density – It has been well established through numerous administrative decisionsthat, absent any unusual or significant stowability, handling or liabilitycharacteristics, density is of prime importance in the assignment of classes. TheCCSB has developed density guidelines that are based on the precedent ofpertinent administrative decisions as well as decisions of the former NCC. Thepresent guidelines are attached hereto.



Amended Policies and Directives Pertaining to the NMFC — Continued

The density guidelines are used in the assignment of classes where the averagedensity of a particular commodity or group of commodities is representative orreflective of the range of densities exhibited by that commodity or commoditygroup. Furthermore, the density/class relationships set forth in the guidelinespresume that there are no unusual or significant stowability, handling or liabilitycharacteristics, which would call for giving those characteristics additional ordifferent “weight” in determining the appropriate class.

Commodities or commodity groups exhibiting a wide density range not accuratelyreflected by a single overall average density may be assigned density-basedclasses; especially where there are no unusual or significant stowability, handling orliability characteristics and where there is no other feasible means of effectivelynarrowing the range. And where densities are distributed throughout the range,commodities or commodity groups may be assigned classes predicated on a fulldensity scale. In this regard, unless a substantial percentage of the densitiesinvolved exceeds 20 pounds per cubic foot, full-scale density classifications shouldgenerally provide the following standard progression:

Less than 1................................... 4001 but less than 2.......................... 3002 but less than 4.......................... 2504 but less than 6.......................... 1506 but less than 8.......................... 1258 but less than 10........................ 10010 but less than 12........................ 92.512 but less than 15........................ 8515 or greater ................................. 70

When a substantial percentage of the densities involved exceeds 20 pounds percubic foot, full-scale density classifications should generally provide the following,alternative standard progression:

Less than 1................................... 4001 but less than 2.......................... 3002 but less than 4.......................... 2504 but less than 6.......................... 1506 but less than 8.......................... 1258 but less than 10........................ 10010 but less than 12........................ 92.512 but less than 15........................ 8515 but less than 22.5..................... 7022.5 but less than 30..................... 6530 or greater ................................. 60

Density-based classifications should include a reference to Item (Rule) 170, theinadvertence clause, or instead to some other inadvertence provision. And full-scale density classifications as set forth herein should also include a reference toItem (Rule) 171, the “bumping” privilege.




2. Stowability – The majority of shipments tendered to general commodities carriersare comprised of packaged freight that stows well in carriers' equipment. Somearticles, however, present additional stowability considerations, including, but notlimited to: 1) loading restrictions necessary to comply with government regulationsor carrier policies, such as coloading prohibitions in connection with thetransportation of hazardous materials; 2) loading restrictions arising from practicalconsiderations, such as excessive weight or excessive length; 3) difficulty in loadingother freight adjacent to the commodity due to protrusions and the like; 4) theinability to tier the commodity in carriers' equipment; and 5) the inability to loadother freight on top of the commodity due to the absence of regular load-bearingsurfaces.

In evaluating the classification of a particular commodity or commodity group, theCCSB must examine stowability and its impact on the transportability of theinvolved commodities. Unusual or significant stowability considerations maywarrant deviation from the CCSB's density guidelines. In this connection, whereloaded density provides a quantifiable measure of the stowability problemsassociated with the involved commodities, such loaded density is to be evaluatedby the CCSB in relation to the density guidelines.

3. Handling – As with stowability, most freight tendered to general commoditiescarriers does not present substantial handling problems. The packaged freight thatcomprises the majority of shipments is readily handled by dock personnel, oftenwith the aid of mechanical handling equipment. Some articles, however, due totheir size, weight, configuration, hazardous nature, fragility, etc., pose additionalhandling difficulties, whether or not mechanical equipment is used, and maynecessitate special care or attention.

In evaluating the classification of a particular commodity or commodity group, theCCSB must consider ease or difficulty of handling and the impact of such on thetransportability of the involved commodities. Unusual or significant handlingcharacteristics may warrant deviation from the CCSB's density guidelines.

4. Liability – Pursuant to the MC-98 (Sub-No. 1) decisions, the liability characteristicincludes susceptibility to theft, liability to damage, propensity to damage otherfreight with which transported, perishability, propensity to spontaneous combustionor explosion, and value per pound. Value per pound provides a measure ofcarriers' potential liability, and the CCSB has established value guidelines to assist inthe assignment of classes. The present guidelines are attached hereto.

It is the CCSB's policy that the value guidelines be reviewed biennially tocompensate for the impact of inflation. This is accomplished using the revised year-end Producer Price Index (PPI).

Unlike density, however, value per pound is not in and of itself a transportationcharacteristic. As set forth in MC-98 (Sub-No. 1), it is only one component of theliability characteristic, and accordingly, information relating to value per poundmust be analyzed in conjunction with an analysis of the other liability elements.Where the other liability elements are found to present no substantial problems orconcerns, value per pound is of less significance.




Consequently, the attached value guidelines cannot be viewed as forming amatrix with the density guidelines, where one is measured against the other to arriveat the appropriate class. Rather, the value guidelines provide an indication of theupper value limits associated with the various classes, as determined using thedensity guidelines.

As with stowability and handling, where unusual or significant liability characteristicsare revealed, the CCSB may deviate from the density guidelines.

B. Class Floor and Ceiling – The CCSB has established class 50 as the lowest class in theNMFC and class 500 as the highest. (For a complete listing of the classes assigned in theNMFC, as established by the CCSB, see the attached density and value guidelines.)

C. Classification Updating – The provisions of the NMFC are to be kept up-to-date withrespect to the commodities moving in commerce. Included in this policy is the: 1)establishment of classifications for new commodities; 2) amendment of existingclassifications to reflect changes in transportation characteristics; 3) establishment ofclassifications for commodities classed by analogy, in keeping with the requirements ofItem (Rule) 421 of the NMFC; and 4) establishment or amendment of classifications forcommodities that are a source, or potential source, of interpretation disputes so as toeliminate or avoid those disputes.

D. Clarification, Simplification and Uniformity – Generally speaking, the policies groupedunder this heading pertain to “housekeeping” matters necessary to improve theusability of the NMFC and to ensure compliance with regulations. The followingactivities are to be conducted to implement these policies: 1) adding commonly usedterminology to descriptions to identify commodities (including trade names, properlynoticed, where a commodity is essentially known by a trade name); 2) replacingoutdated terminology in commodity descriptions with current terminology; 3)combining descriptions embracing related commodities, including the combining ofsubclassifications having the same class; 4) eliminating excess or unclear wording, andemploying language that is concise and clear as to intent; 5) structuring commoditydescriptions so as to foster clarification and simplification; 6) listing commoditydescriptions alphabetically by noun or compound noun, as the case may be; 7)replacing broad, indistinct nouns (e.g., assemblies, devices, units) with more specific,definitive nouns wherever appropriate and practicable; 8) listing items underappropriate generic headings; 9) providing uniformity in provisions addressing the sameor similar circumstances published in conjunction with different items; and 10) removingobsolete provisions.

E. Classification Index – The index is typically the NMFC user's first step when determiningthe applicable provisions. Accordingly, the CCSB has developed policies to improvethe index and, thus, the usability of the NMFC. As index listings are generally deriveddirectly from the commodity descriptions, these policies are closely related to thoseestablished for “Clarification, Simplification and Uniformity.” The policies are as follows:

The index should list commodities by their commonly recognized names in additionto their technically correct names. Where a commodity is essentially known by atrade name, the index should include that trade name, properly noticed.




Where commodities may be looked up in more than one way, the index should becross-referenced. This includes adding index listings that are keyed to adjectives aswell as to nouns; particularly where the noun is broad and indistinct.

Index listings should be as specific and definitive as practicable.

Index listings that can be consolidated should be consolidated, and unnecessarylistings should be removed.

F. Packaging – The CCSB is to establish and maintain packaging rules and specificationsas necessary to ensure that freight is adequately protected in the motor carrierenvironment, and can be handled and stowed in a manner that is reasonably safe andpracticable.

The CCSB is to evaluate prospective packagings against established performancecriteria, as reflected by the packaging provisions published in the NMFC. Generallyspeaking, prospective packaging materials or methods are considered consistent withCCSB packaging policy when their performance is demonstrated to be as good as, orbetter than, currently authorized materials or methods.

G. Rules – The rules published in the NMFC are to be: 1) consistent with current law as wellas applicable past decisions of the STB and the ICC; 2) consistent with classificationprecedent and current motor carrier practice; 3) clear as to intent; and 4) otherwiseup-to-date.

II. Commodity Classification Standards Board Directives

Pursuant to the aforementioned policies, in strict accord with the National Motor FreightClassification Procedures, and in keeping with all applicable laws and regulations, the CCSBhas the responsibility to: 1) receive information from shippers, carriers and other sourcespertaining to commodities moving in commerce, including their transportationcharacteristics, as well as packaging and other classification-related matters; 2) evaluatethat information to determine appropriate action(s), if any; and 3) provide assistance toshippers, carriers and other users of the NMFC in connection with classification-relatedmatters.

A. Research – When conducting research in connection with the classification orpackaging of a particular commodity or commodity group, the CCSB shall make areasonable effort to identify and contact potential shippers of the involvedcommodities. The CCSB shall also search for and attempt to contact trade associationshaving members with a potential interest in the commodity to request their assistance inidentifying interested shippers and obtaining relevant information.

Since the individual classifications in the NMFC are intended to reflect thetransportation characteristics of commodities moving in commerce, the CCSB shallkeep apprised of new commodities and technologies as well as changes in existingcommodities.




With respect to packaging, the CCSB shall: 1) receive information pertinent to theefficacy of currently authorized packaging materials or methods; 2) keep apprised ofnew packaging materials and methods; and 3) develop, in cooperation with shippers,packaging manufacturers and packaging professionals, improved packaging.

B. Analysis of Classification Proposals – The CCSB shall prepare written reports (analyses) ofall proposals for amending the NMFC docketed in accordance with the National MotorFreight Classification Procedures.

The analyses shall relate the information of record to the CCSB's policies, and analysesof proposals involving the assignment of classes are to include a discussion of all fourtransportation characteristics, as set forth in the Ex Parte No. MC-98 (Sub-No. 1)decisions. Density data shall be analyzed under the CCSB's density guidelines, andstowability, handling and liability must be analyzed with respect to their impact on thetransportability of the involved commodities and related to applicable classificationprecedent. In connection with stowability, proposal analyses are to include informationregarding loaded density, where relevant, and how that density relates to the densityguidelines.

C. Providing Assistance to Interested Persons – In addition to providing assistance as setforth in the National Motor Freight Classification Procedures, the CCSB shall answerquestions from interested persons concerning classification principles and procedures,and be responsive to requests for information pertaining to the background of adocketed proposal or the facts of record. However, the CCSB will continue to honor itscommitment to protect the confidentiality of commercially sensitive information that itreceives from shippers and others on the assurance — expressed or implied — thatdisclosure will be limited. Therefore, the CCSB will not release confidential informationsuch as market data or data on specific, identified products of a particular shipper, northe names of data sources or information that could lead to the names of datasources, the dissemination of which might be detrimental to a company or individualthat has chosen to participate in the classification process. Similarly, the CCSB will notrelease any privileged information or material, such as attorney-client work productsprepared by Counsel.

D. Classification Interpretations – On request of any interested person, and upon receipt ofthe requisite information and payment of any fees or charges that may be established,the CCSB shall research and issue nonbinding, informal opinions (interpretations) as tothe classification provisions applicable to any particular commodity.

At least once a year, the CCSB shall review these policies and directives, including thedensity and value guidelines.




COMMODITY CLASSIFICATIONSTANDARDS BOARDDENSITY GUIDELINES

Minimum Average Density(in pounds per cubic foot) Class

50 50

35 5530 6022.5 6515 70

13.5 77.512 8510.5 92.5

9 100

8 1107 1256 1505 175

4 2003 2502 3001 400

Less than 1 500

The density guidelines are used in the assignment of classes where average density isrepresentative or reflective of the range of densities exhibited. Furthermore, the density/classrelationships set forth in the guidelines presume that there are no unusual or significantstowability, handling or liability characteristics, which would call for giving those characteristicsadditional or different “weight” in determining the appropriate class.



Amended Policies and Directives Pertaining to the NMFC — Concluded

COMMODITY CLASSIFICATIONSTANDARDS BOARDVALUE GUIDELINES

Class Maximum Average ValuePer Pound

50 $ 1.20

55 $ 2.35

60 $ 3.55

65 $ 5.88

70 $ 8.87

77.5 $ 11.82

85 $ 17.76

92.5 $ 23.64

100 $ 29.57

110 $ 32.54

125 $ 36.97

150 $ 44.40

175 $ 51.79

200 $ 59.19

250 $ 73.97

300 $ 88.75

400 $ 118.35

500 $ 147.95

Unlike density, value per pound is not in and of itself a separate transportation characteristic.Pursuant to the decisions in Ex Parte No. MC-98 (Sub-No. 1), Investigation Into Motor CarrierClassification, value per pound is only one component of the liability characteristic.Accordingly, information relating to value per pound must be analyzed in conjunction with theother liability elements, i.e., susceptibility to theft, liability to damage, propensity to damageother freight, perishability, and propensity to spontaneous combustion or explosion. Wherethose other liability elements are found to present no substantial problems or concerns, valueper pound is of less significance.

Consequently, the value guidelines cannot be viewed as forming a matrix with the densityguidelines, where one is measured against the other to arrive at the appropriate classrepresenting an “average” of the two factors. Rather, the value guidelines provide anindication of the upper value limits associated with the various classes, as determined using thedensity guidelines.

Documents

NOTICE OF DISPOSITION DOCKET 2011-3edit 2011-3/2011_3_Disposition.pdf · SEPTEMBER 16, 2011 DISPOSITION BULLETIN 1316 Page 2 '2011 National Motor Freight Traffic Association, Inc