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National Motor Freight Traffic Association > Classification Making
Classification Making

Anyone or any group may propose amendments to the NMFC. Proposals must be filed in writing, and the Commodity Classification Standards Board (CCSB) provides suitable forms for this purpose.

The CCSB itself may propose amendments to the NMFC; however CCSB proposals must first go through a pre-proposal public comment period. CCSB pre-proposals are posted on this website for not less than 30 days to allow interested persons to submit comments and information. These submissions are likewise posted for public review and comment. In the interest of confidentiality, the source of the comments is identified only as “shipper/receiver,” “carrier” or the like.

Not less than 15 days’ notice is given before the comment period on a pre-proposal is closed, and when it has closed the Chairman of the CCSB decides whether to conduct further research, to go forward with a proposal or to take no further action. Public notice is given of the CCSB Chairman’s decision.
All proposals to amend the NMFC are noticed in a docket at least 60 days in advance of the public meeting where they will be considered by the CCSB. Anyone having an interest can attend these meetings and/or submit comments and information in writing; however all facts, data and evidence must be received by the CCSB no later than 10 days prior to the meeting.
The Public Docket Files

Each proposal and all relevant facts, data and evidence are contained in a public docket file. The public files are organized by docket and subject numbers, and each file is indexed for ease of reference.

Disposition of Proposals

In making decisions on proposals, the CCSB is guided exclusively by:

  1. The public record consisting of all material in the public docket file;
  2. The applicable regulatory and legal standards and precedent establishing the reasonableness of classification provisions;
  3. Relevant CCSB and arbitral precedent;
  4. Principles of procedural fairness as set forth in the CCSB's procedures and the arguments of the parties based on the public file; and
  5. The CCSB's policies and directives as contained in the public file.

CCSB dispositions of docketed proposals are made at the public meetings.

Reconsideration
The CCSB may, in its discretion and for good cause shown, reconsider any docketed proposal on which disposition has been made, provided that the request for reconsideration is made in writing and is received by the Chairman of the CCSB within 30 days of the CCSB's initial disposition.
Parties of Record and the Right to Seek Arbitration
Anyone who submits comments or information in writing on a particular proposal prior to the public meeting where that proposal is considered, or anyone who attends a meeting in connection with a particular proposal, is registered as a party of record to that proposal.  The proponent of a proposal is likewise registered as a party of record to that proposal.
 
Parties of record are notified of the disposition of the proposal, and if dissatisfied with the action taken, may request neutral arbitration.  Transportation Arbitration and Mediation, PLLC, has been selected to manage the arbitration process.