As part of an agreement it signed with the Surface Transportation Board (STB) last year, the National Classification Committee (NCC) must change the way it handles shippers' complaints regarding its classification decisions. In return, the board will allow the NCC to retain its antitrust immunity.

After a lengthy proceeding, the STB finally approved those changes in a decision dated Dec. 9, 2003, in Section 5a Application No. 61 (Sub-No. 6), "National Classification Committee—Agreement." The newly revised Section 5a agreement authorizes the NCC to take collective action, with antitrust immunity, on changes, additions, or deletions to classification descriptions, ratings, rules, and packaging requirements in the National Motor Freight Classification.

Last year, we reported on one of those changes, which allows parties of record that are dissatisfied with a decision made by the NCC Classification Panel to appeal that decision to an impartial arbitrator or to the full National Classification Committee. Previously, the NCC had only allowed appeals to the full committee.

Since that column was published, the STB also decided to allow an appellant who is not satisfied with an NCC decision that has been affirmed by an arbitrator to bring a complaint. Appellants may do so by filing a petition for suspension with the STB.

The board further ordered the NCC to change the procedures that govern the issuance of the committee's quarterly dockets, as well as the information included in those dockets. Those changes aim to ensure that shippers have sufficient time and information to prepare their responses to NCC proposals.

For years, the NCC issued dockets listing all proposals, appeals, and "review matters" (staff reports) that were to be considered at meetings of the National Classification Committee and National Classification Committee Classification Panels. Those meetings are held in February, May, August, and November.

Dockets generally were issued less than a month prior to the date of the committee and panel meetings. That gave shippers and receivers little time to determine whether or not they would be affected—either favorably or adversely—by the proposals, and if so, to prepare their arguments for or against them.

That situation has changed since the STB's Dec. 9 ruling. Now, dockets must be issued at least 60 days prior to the meetings. The new procedure is effective with NCC Docket 2004-2, with meetings scheduled to be held May 3-4 in Alexandria, Va. In this case, notice must be issued by early March. In addition, the NCC will post all dockets in their entirety on the group's Web site, www.nmfta.org. (The letters "nmfta" stand for National Motor Freight Traffic Association, the NCC's parent organization).

Here's another welcome change for shippers: The NCC will append to every future docket a detailed report showing key data gathered by its staff while researching those dockets. In the past, those reports were available solely to committee members, and they were held in strict confidence. You'll see this change implemented with NCC Docket 2004-1, which covers matters to be considered at the committee's early February meeting.