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.

All proposals to amend the NMFC® are noticed in a docket at least 45 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.

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.

Public Docket Files

Dispositions of Proposals

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

  • The public record consisting of all material in the public docket file;
  • The applicable regulatory and legal standards and precedent establishing the reasonableness of classification provisions;
  • Relevant classification precedent;
  • Principles of procedural fairness as set forth in the CCSB's procedures and the arguments of the parties based on the public file; and
  • 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 no later than 5:00 pm Eastern Time on the 30th day following 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.