As we previously reported: On December 27, 2007, the long standing National Classification Committee (NCC), after losing its antitrust immunity, was disbanded. That committee had the responsibility of deciding which changes in commodity descriptions, ratings (classes) rules, and packaging requirements should be made to the National Motor Freight Classification (NMFC).

Since then, in order to keep the NMFC alive and current, the National Motor Freight Traffic Association (NMFTA), which was the parent to the NCC, established what is called the Commodity Classification Standards Board (CCSB). It performs the same duties that the former NCC did, but it’s made up of senior classification specialists on the staff of the NMFTA. No carrier representatives are on the CCSB and no carriers have a vote on any proposals included on CCSB dockets, which are issued three times a year.

While most of the procedures adopted by the CCSB are the same as were followed by the former NCC—such as issuing dockets 60 days before public meetings are held to act on proposals—there are a couple of changes you should know about.

For example, once a docketed proposal is decided by the CCSB, any party of record that’s dissatisfied with the CCSB decision may request reconsideration by the CCSB within 30 days or may request arbitration. In the past, the NCC allowed arbitration of NCC Classification Panel decisions, but no one ever requested it. If reconsideration is requested, the CCSB will promptly make a decision whether to grant it, thus bringing it back before the Board four months later if reconsideration is granted.

At the Board’s first public meeting held in early February, within 30 days thereafter it received requests for reconsideration on two proposals it approved. The Board allowed reconsideration on one, which will come back before it at its next public meeting to be held in Alexandria, Va., on June 3. In the meantime, the other request for reconsideration was denied.

No longer are parties dissatisfied with a classification decision able to file a petition for suspension and investigation with the government’s Surface Transportation Board (STB), as it no longer has any jurisdiction over motor carrier classification matters.

Another area of procedural change is how far in advance you’re able to find out what possible changes there are in classification of products. Previously, the NCC’s dockets included a section called Review Matters, which gave 60 days notice of staff reports then an NCC Classification Panel would hear and decide whether or not to have them included in formal proposals on the next docket.

Now, however, there is a section on the NMFTA website (www.nmfta.org) titled “Pre-Proposals” that lists products that the CCSB may include on a future docket. Some of these are shown as far as six to seven months in advance. A few were listed as far back as December 10 and may not show up as formally docketed proposals until the June CCSB Docket.

We’d recommend that you access this website about once every month to see if any of your products are listed, as new products are added to the list periodically. Remember, you have to a right to file a request to have a proposal listed on the next available CCSB Docket seeking a revised rule or a new or revised packaging proposal. You can be assured it will be fairly considered on its merits by the Board. You will have the right to apply before the Board when it meets to consider your request.