DOCKET FEBRUARY 2019

Transcription

1 DOCKET FEBRUARY 2019 A public meeting on National Motor Freight Classification provisions will be held on February 12, 2019 at: Hyatt Regency La Jolla at Aventine 3777 La Jolla Village Drive San Diego, California ISSUED: January 10, 2019

2 COMMODITY CLASSIFICATION STANDARDS BOARD DOCKET On Tuesday, February 12, 2019, the Commodity Classification Standards Board (CCSB) will conduct a public meeting to consider proposals for amending the National Motor Freight Classification (NMFC ). The meeting will be held at the Hyatt Regency La Jolla at Aventine, 3777 La Jolla Village Drive, San Diego, California 92122, commencing at 12:30 pm Pacific Time. Section I of this docket provides the CCSB analyses for proposed amendments that will be considered at the meeting. Each analysis includes the full text of the proposal, the CCSB contact and the identity of the proponent. Section II of this docket provides the CCSB analyses for two proposals from Docket on which disposition was deferred to the February 12, 2019 meeting. Each analysis includes the full text of the proposal, the CCSB contact and the identity of the proponent. Section III of this docket provides notice of classification changes made necessary by law, by order of a regulatory body, or for clarification, simplification or uniformity. The symbol indicates a proposed classification change. The symbol indicates that the commodities may be subject to federal regulations concerning the shipping of hazardous materials. The symbol indicates a registered trade name or registered trademark. The symbol indicates a trademark. Public Docket Files Supporting data and other relevant information pertaining to each proposal in Sections I and II herein are contained in a Public Docket File. The public files are available online without charge at They are organized by docket and subject numbers. Commodity Classification Standards Board ccsb@nmfta.org Chairman Joel L. Ringer Vice Chairman William F. Mascaro Member Allison L. Austin Member George M. Beck Member Daniel E. Horning Member Lisa K. O Donnell Member/Packaging Consultant Erin N. Topper Counsel John R. Bagileo Page i

3 COMMODITY CLASSIFICATION STANDARDS BOARD DOCKET The Commodity Classification Standards Board invites all interested persons to participate in the classification process. Anyone having an interest in a proposal listed in this docket may attend the meeting on February 12, 2019 and/or communicate that interest in writing by mail, or fax prior to the meeting. Such Interested Persons will be notified of the CCSB s disposition of the proposal. To become a Party of Record to a proposal herein, one must communicate an interest in writing by mail, or fax, and must submit pertinent information relating to the transportation characteristics of the product(s) involved, or relevant to packaging materials or methods in connection with proposed packaging amendments, and it must be received no later than 5:00 pm Eastern Time, February 1, Parties of record will be notified of the CCSB s disposition of the proposal and will be entitled to seek reconsideration should they disagree with that disposition. Written submissions received by 5:00 pm Eastern Time, February 1, 2019 will be included in the respective public docket file and posted on our website. The CCSB s decision on each proposal will be based on the information in the public docket file. Statements and other materials received by the CCSB after 5:00 pm Eastern Time, February 1, 2019 will not be part of the public docket file. Our address is: Commodity Classification Standards Board, 1001 North Fairfax Street, Suite 600, Alexandria, Virginia 22314, and our fax number is: Written statements may also be ed to the CCSB contact involved. To schedule an appearance at the meeting, or if you require further information, please get in touch with the CCSB contact. Anyone requesting assistance in accordance with the Americans with Disabilities Act will be accommodated. The CCSB s policies and procedures as well as other information on the CCSB and the National Motor Freight Traffic Association are available online at Amendments to the National Motor Freight Classification resulting from the proposals in this docket will be published in a supplement to the NMFC, unless reconsideration is granted in accordance with the CCSB s rules. The supplement is scheduled to be issued on March 28, 2019, with an effective date of April 27, Future CCSB Dockets Docket Docket Docket Closing Date April 11, 2019 August 22, 2019 Docket Issue Date May 9, 2019 September 19, 2019 Deadline for Written Submissions and to Become a Party of Record May 31, 2019 October 10, 2019 CCSB Meeting Date June 11, 2019 October 22, 2019 Dates are as currently scheduled and subject to change. For up-to-date information, go to Page ii

4 COMMODITY CLASSIFICATION STANDARDS BOARD DOCKET INDEX OF SUBJECTS (PROPOSALS) DESCRIPTION SUBJECT DESCRIPTION SUBJECT A Advancing Charges Item (Rule) Air Coolers, water evaporative type B Beverages, nutritional, flavored... 8 Blinds, interior... 6 Box Springs, upholstered... 1 Brush Guards or Bull Bars, automobile... 2 Bumpers or Bumper Fittings, automobile... 2 C Cable, lightguide or lightwave, glass fiber Packaging... 5 Ceiling Fans, electric Combustible Liquids... 3 Compounds, inactive yeast or whey, dried Coolers, air, water evaporative type Cosmetic Mirrors, with electric lights, portable D Dinnerware, melamine resin Drinks, nutritional, flavored... 8 Duct, air distributing, ventilating or exhaust system, flexible... 6 of Docket (See Section II herein.) E Electric Meters F Fans, ceiling, electric Fiber Optic Cable Packaging... 5 Fishing Poles or Rods Flammable Liquids... 3 Food or Food Supplements, liquid, flavored... 8 G Grille Guards, automobile... 2 I Item (Rule) 245, Definition of or Specifications for Crates Item (Rule) 265, Sec. 2, Definition of or Specifications for Lift Truck Skids, Pallets or Platforms Item (Rule) 300, Advancing Charges Item (Rule) 540, Secs. 1(a) and 2(c), Hazardous Materials... 5 of Docket (See Section II herein.) Item (Rule) 595, Maximum Charges L Lighters... 4 M Mantels Matrices, printers Mattresses... 1 Maximum Charges Item (Rule) Meters, electric Mini-Blinds... 6 Mirrors, cosmetic, with electric lights, portable P Package Package Package 36F... 1 Package 47F... 1 Package 154F... 1 Packaging Cable, lightguide or lightwave, glass fiber, or Fiber Optic Cable... 5 Packaging Definition of or Specifications for Crates Packaging Definition of or Specifications for Lift Truck Skids, Pallets or Platforms. 12 Plates, engravers, steel and chalk composition combined Power Pumps... 7 Push Bars, automobile... 2 R Rags, waste Page iii

5 COMMODITY CLASSIFICATION STANDARDS BOARD DOCKET INDEX OF SUBJECTS (PROPOSALS) DESCRIPTION SUBJECT DESCRIPTION SUBJECT S Shades, interior... 6 Shakes, nutritional, flavored... 8 Shutters, interior... 6 T Tools, electric, hydraulic, pneumatic, or internal combustion engine operated, NOI, handheld or hand supported... 9 Trucks, form or waste metal, printers V Venetian Blinds or Vertical Blinds... 6 W Waterbeds... 1 Whey, condensed or powdered Page iv

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7 SUBJECT 1 Re: Mattresses, Box Springs or Waterbeds Item CCSB Contact: Allison L. Austin Telephone (703) austin@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class FURNITURE GROUP: subject to item Mattresses, NOI, see Notes, items and 79553; Upholstered Box Springs; or Waterbeds, see Note, item 79554; in Packages 5F, 10F, 47F or 154F, subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 4 or greater NOTE Applies only on mattresses having a thickness of not less than three inches equipped with a cover made of cloth or plastic film or sheeting NOTE Crib mattresses may be shipped in Package 36F NOTE Applies only on waterbeds consisting of a mattress (foam, cellular, expanded or sponge plastic or rubber pad, integral water cylinders or bladder, and plastic liner; with fabric covering) with or without a pedestal or platform. Package 36F Mattresses must be individually wrapped in Kraft paper, basis weight not less than 60 pounds. Container must be singlewall corrugated box complying with all requirements of Item 222 for boxes testing not less than 200 pounds, except gross weight must not exceed 125 pounds, dimension limit must not exceed 120 united inches and container must be closed by strapping with not less than three metal straps, not less than 3 /8 x inch. Protection must be afforded under straps to prevent them from cutting container; OR Container may be closed by not less than three straps of reinforced paper tape consisting of two layers of sulphate Kraft paper laminated and reinforced with fiberglass netting, the tape having tensile strength not less than 50 pounds per inch of width in cross direction and not less than 70 pounds per inch of width in machine direction. Tape must be not less than 1 1 /2 inches in width, must completely encircle container, and overlap upon itself not less than 4 inches; OR Slotted boxes may be closed with a pressure-sensitive or gummed filament tape that meets the requirements of Item 222. Tape must be not less than 3 /4 inch in width. Not less than two strips of tape must be used on each end on top and bottom, and not less than two strips across both top and bottom sections of boxes with strips extending not less than 5 inches over score line. Subject 1, Page 1 of 8

8 SUBJECT 1 Present Classification Provisions Concluded Package 47F In bags or fully enclosing wrappers made of low density polyethylene film complying with the following minimum requirements: Thickness (Mils) 4 Drop Dart Impact Resistance ASTM D (grams) Tensile Properties ASTM D882-A 2700 (psi) Percent Elongation ASTM D882-A 300 (%) Puncture Propagation of Tear ASTM D (Grams) Box springs must be protected by pads made of one ply indented paper, minimum basis weight 28 pounds per 1,000 square feet, laminated to one ply of cross laminated high density monoaxially oriented polyethylene film of minimum 2.5 mils nominal thickness, or pads complying with Note, item 79024, or corrugated fiberboard testing not less than 125 pounds. Pads must be secured to bottom of box spring, extend full length of sides, around corners and not less than ten inches along ends. Pads must extend not less than two inches over top and bottom edges of box spring. Corrugated fiberboard need only extend to the top edge of box spring. Bag or wrapper must be securely closed and packages may be heat shrunk. Gross weight must not exceed 115 pounds and dimensions must not exceed 150 united inches (length, width and depth added). Package 154F Mattresses may be shipped when completely enclosed within linear low density polyethylene (LLDPE) plastic film; an inner film bag of 4 mil thickness, a film boot covering designated transportation or handling edge having a thickness of 3 mils and an outer film bag of 8 mil thickness, providing for a total of 12 mil thickness overall, with a total 15 mil thickness protecting the transportation end. INNER FILM BAG 4 mil LLDPE plastic film having the following properties: Tensile Strength (MD/TD): 5500/5700 psi (ASTM D-882) Elongation (MD/TD): 1000/1100% (ASTM D-882) Dart Drop: 900 grams (ASTM D-1709A) Elmendorf Tear (MD/TD): 1600/1600 grams, minimum (ASTM D-1922) INNER FILM BOOT 3 mil LLDPE plastic film having the following properties: Tensile Strength (MD/TD): 5400/5000 psi (ASTM D-882) Elongation (MD/TD): 850/800% (ASTM D-882) Dart Drop: 450 grams (ASTM D-1709A) Elmendorf Tear (MD/TD): 850/1450 grams, minimum (ASTM D-1922) OUTER FILM BAG 8 mil LLDPE plastic film having the following properties: Tensile Strength (MD/TD): 4500/4850 psi (ASTM D-882) Elongation (MD/TD): 800/900% (ASTM D-882) Dart Drop: 1100 grams (ASTM D-1709A) Elmendorf Tear (MD/TD): 2000/3200 grams, minimum (ASTM D-1922) CLOSURE Securely taped. Subject 1, Page 2 of 8

9 SUBJECT 1 Proposed Classification Provisions Item Description Class FURNITURE GROUP: subject to item A-NEW Mattresses, compressed and rolled, in boxes, see Note, item B-NEW, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 7 or greater Mattresses, NOI; Upholstered Box Springs; or Waterbeds, see Note, item 79554; in Packages 5F or 10F, see Note, item B-NEW B-NEW NOTE Articles tendered for shipment on lift truck skids, pallets or platforms must be securely fastened to and must not overhang the edges of the lift truck skid, pallet or platform deck. When so tendered, articles may be shipped in Packages 47F or 154F NOTE Cancel; no further application NOTE Cancel; no further application NOTE No Change. Cancel; no further application. No Change. No Change. Analysis Package 36F Package 47F Package 154F Research Project 1368 This proposal is based on information developed through Research Project 1368, which was initiated in May 2018 to address interpretation issues and investigate the transportation characteristics of mattresses, box springs or waterbeds, as embraced by item History of Provisions Provisions for mattresses or box springs were adopted from the rails and first appeared in LTL-1, effective April 1, Note, item was established as a result of action taken on Docket 137, Subject 41 (November 1968) and first appeared in Supplement 33 to NMFC A-10, effective April 23, Subject 1, Page 3 of 8

10 SUBJECT 1 Docket 907, Subject 13 (November 1990) was a proposal that sought to amend item to provide class 300, amend the description to name waterbeds, and concurrently establish a Note to define waterbeds. Information on that record indicated a range in densities from 1.58 to pcf, and an average density of 3.56 pcf. A one-class adjustment from density guidelines was proposed to address identified handling and stowability concerns. The proposal was approved as modified, but the disposition was appealed by the International Sleep Products Association (ISPA) 1. ISPA submitted a counterproposal Docket 908, Subject 14 (December 1990) to alternatively establish two subprovisions predicated on density, with a break at 4 pcf. That proposal was approved as modified, the result of a compromise, and the provisions first appeared in Supplement 7 to NMF 100-Q, effective March 30, The provisions have remained substantially unchanged to the present. About Mattresses, Box Springs or Waterbeds This proposal includes various articles utilized as beds or as principal components of beds, including mattresses, box springs, and waterbeds. The mattress-in-a-box," a newer category of products, generally involves compressing and roll-packing a mattress to fit into a small bag or box. For example, a typical king-size mattress (76 x 80 x 10 inches) may be compressed to fit in a 18 x 18 x 44-inch box. While originally designed as an e-commerce direct-to-consumer product, the compressed and rolled mattress market has expanded to include a presence in brick-and-mortar retail stores. Reports have suggested that compressed and rolled mattresses possess distinct transportation characteristics from other types of mattresses. There have also been interpretive questions regarding compressed and rolled mattresses vis-à-vis the thickness requirement in Note, item While the Note does not specify, CCSB opinions have generally held that the requirement pertains to the thickness of the product when in use. When established, Note, item was intended to aid in distinguishing between pads and mattresses. However, this line of demarcation does not address some circumstances. For example, a crib mattress may be less than 3 inches thick. Hereinafter, for purposes of evaluating the transportation characteristics, the involved products will be referred to as mattresses, NOI or compressed and rolled mattresses. 1 As modified, item would provide class 250. Subject 1, Page 4 of 8

11 SUBJECT 1 Transportation Characteristics Density Overall, the information of record includes 71,241 density observations submitted by shippers and a carrier, collected during CCSB dock surveys and obtained from the CCSB s Density Study 2. Mattresses, NOI, range in density from 0.13 to 8.06 pcf, with an average density of 3.10 pcf. Over 94% of the figures fall between 1 and 6 pcf, with over 71% clustered between 2 and 4 pcf. Compressed and rolled mattresses range in density from 2.10 to pcf, with an average density of 7.75 pcf. In contrast to mattresses, NOI, the figures are more widely distributed throughout the range. When the data is analyzed with a density break at 7 pcf, the following ranges and averages are calculated. Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than or greater Handling Mattresses, NOI, are generally tendered in bags or boxes, which may or may not be secured on lift truck skids or pallets. When tendered on lift truck skids or pallets, the use of appropriately sized pallets can facilitate handling and mitigate the chance for damage. The lack of palletization can affect the handling of mattresses, NOI. Articles that are not secured on lift truck skids or pallets often require manual handling, limiting the carrier s ability to handle the freight in an efficient and timely manner. Many of the larger units or sizes are also quite bulky. For example, the photo to the right is a shipment of a queen-size mattress in a fiberboard box measuring 81 x 62 x 12 inches. The size and configuration of such shipments will necessitate extra personnel to safely handle, and result in additional time and effort in crossdock operations. Information indicates that compressed and rolled mattresses are typically tendered in bags or boxes secured on lift truck skids or pallets, which can be readily handled with mechanical equipment. 2 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 1, Page 5 of 8

12 SUBJECT 1 Stowability When placed flat on a lift truck skid or pallet, as shown in the photo to the right, mattresses, NOI, may appear to provide a flat load-bearing surface, but due to the compressive nature of the product, carriers are extremely limited as to the type of freight that may be stacked on top. Articles that are not secured on lift truck skids or pallets will require top loading or tying or strapping to the side of the vehicle to structure and secure the load and maximize vehicle utilization. While mattresses, NOI, may provide some lateral support, additional care and attention will be required to ensure that only compatible freight is loaded adjacent to the products to prevent damage. Compressed and rolled mattresses are tendered in bags or boxes that are usually palletized for shipment. Due to their compressed size, these products provide greater ability for carriers to readily structure a load and enable better usage of vehicle cube when compared with stowing mattresses, NOI. Liability Mattresses, NOI, are not perishable, unusually susceptible to theft, hazardous in nature, or prone to damage other freight. They may be susceptible to damage; however, this susceptibility will vary depending upon the manner in which the article is tendered for shipment. For example, carriers indicate damage claims when articles are shipped in bags that are not secured on lift truck skids or pallets. These products are more prone to rips occurring in the bag allowing the product to become soiled. One carrier reports a 2018 claims ratio of 0.18% for products moving under item Additionally, responding shippers report one to six claims annually. The value per pound ranges from $2.50 to $42.86, with an average value of $11.81 per pound. Similarly to mattresses, NOI, many of the liability elements do not appear to significantly impact the evaluation of compressed and rolled mattresses. However, some extra care and attention should be given to avoid puncturing the bag or box, which, if compromised, could affect the integrity of the compressed roll. No specific information regarding claims or value for these commodities was obtained. Relationship to CCSB Policies and Guidelines CCSB policy calls for classification provisions to reflect a commodity s known transportation characteristics. The information of record indicates that mattresses, NOI, range in density from 0.13 to 8.06 pcf, with an average density of 3.10 pcf, and a preponderance of the density figures concentrated around the overall average. Under CCSB guidelines, an average density of 3.10 pcf is generally associated with class 250, which calls for a minimum average density of 3 pcf. Subject 1, Page 6 of 8

13 SUBJECT 1 However, in this instance, research has identified significant negative handling, stowability and liability characteristics, and these characteristics must also be considered, in accordance with CCSB policy. These factors have been detailed in this analysis and include, but are not limited to, the need for additional care and attention to safely handle the freight, including the need for extra personnel, the difficulty or inability to stack top freight and difficulty loading adjacent freight, and the increased susceptibility to damage. In such situations, classification precedent has been to assign a class higher than that called for under CCSB density guidelines. This proposal would assign mattresses, NOI, class 300, a one-class increase from the product s average density, to account for the added handling, stowability and liability considerations. A similar approach was taken on Docket , Subject 1 (May 2011), involving pneumatic tires, as named in item Pneumatic tires were assigned a class higher than that associated with the CCSB density guidelines to account for the identified negative handling and stowing considerations. That proposal was approved as docketed, and the provisions first appeared in Supplement 2 to NMF 100-AK, effective July 23, When the information of record for compressed and rolled mattresses is evaluated, the densities are shown to be more widely distributed throughout the range. Additionally, many of the negative handling, stowability and liability characteristics associated with mattresses, NOI, appear to be mitigated. When commodities exhibit a range in density not accurately represented by a single class, CCSB policy states that density-based provisions may be established. As shown in the table below, the data can be divided into two density groupings of less than 7 pcf, and 7 pcf or greater, with classes reflective of the average density of each respective grouping. Density Group (pcf) Average Density (pcf) CCSB Minimum Average Density Guideline (pcf) Class Based on CCSB Density Guidelines Less than or greater Establishing a new item, naming Mattresses, compressed and rolled, with a single density break at 7 pcf, would be in keeping with CCSB policy and precedent 3. Precedent for this approach can be found in Docket , Subject 9 (September 2013), involving skateboards, as named in item No significant handling, stowability or liability concerns were reported and, as such, density was determined to be the primary transportation characteristic. While the densities were distributed throughout the range of 2.44 to pcf, a single density break at 7 pcf was proposed to provide a more accurate representation of the identified range in density. That proposal was approved as docketed, and the provisions first appeared in Supplement 4 to NMF 100-AM, effective December 14, The density provisions would include reference to Item (Rule) 170, the inadvertence clause. Subject 1, Page 7 of 8

14 SUBJECT 1 To mitigate interpretation issues, Note, item would be canceled with no further application. To provide additional packaging requirements, a new Note would be established and referenced by both items requiring those articles tendered on lift truck skids, pallets or platforms to be securely fastened to and not overhang the edges of the lift truck skid, pallet or platform deck. When so tendered, articles may be shipped in Packages 47F or 154F. Furthermore, a review of the presently authorized numbered packages by the CCSB s Packaging Consultant indicates that Package 36F may no longer provide sufficient protection in today s LTL environment. Therefore, it would be in keeping with CCSB packaging policy to cancel Package 36F and Note, item as having no further application. Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. Subject 1, Page 8 of 8

15 SUBJECT 2 Re: Automobile Bumpers or Bumper Fittings, front or rear end protection, or Brush Guards CCSB Contact: Daniel E. Horning Telephone (703) horning@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class AUTOMOBILE PARTS GROUP: subject to item * Body Parts; Parts; or Trim; viz.: Body Parts, NOI, see Notes, items 18262, and 18266; Brush Guards, Grille Guards, Bull Bars or Push Bars, separate or combined with bumpers; Bumpers or Bumper Fittings, NOI, plastic, front or rear end protection; [Other Articles Listed Not Involved.] In packages, subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 1 but less than Sub 3 2 but less than Sub 4 4 but less than Sub 5 6 but less than Sub 6 8 but less than Sub 7 10 but less than Sub 8 12 but less than Sub 9 15 but less than Sub but less than Sub or greater NOTE Not Involved NOTE Not Involved NOTE Not Involved NOTE Not Involved NOTE Not Involved Bumper Fittings, iron or steel, other than plated, see Note, item 18407, in packages NOTE Applies on fittings used to brace or attach bumpers to the vehicle Bumpers, front or rear end protection, metal, used, not reconditioned, having value for reconditioning or salvaging, prepaid, loose *Published in Supplement 1 to NMF 100-AR, effective April 28, Subject 2, Page 1 of 7

16 SUBJECT 2 Present Classification Provisions Concluded Item Description Class AUTOMOBILE PARTS GROUP: subject to item NOTE Density must be shown by shipper on shipping orders and bills of lading at time of shipment. If density is not shown and shipment is inadvertently accepted, class will initially be assessed under the provisions of item 18420, sub 3, for Bumpers or Bumper Fittings, NOI, front or rear end protection: Steel: NOI. Upon satisfactory proof of actual density, class will be adjusted accordingly Bumpers or Bumper Fittings, NOI, front or rear end protection, with or without hitch plates, step plates or built-in lighting fixtures, see Note, item 18421, in packages: Sub 1 Aluminum Sub 2 Steel: Sub 3 NOI Sub 4 Density of 22.5 pounds or greater per cubic foot, see Note, item NOTE Also applies on bumpers, bumper fittings or bumper guards equipped with rubber strips or rubber end protectors. Bumpers equipped with hitch plates or step plates may be shipped with hitch balls. Proposed Classification Provisions Item Description Class AUTOMOBILE PARTS GROUP: subject to item Body Parts; Parts; or Trim; viz.: Body Parts, NOI, see Notes, items 18262, and 18266; Brush Guards, Grille Guards, Bull Bars or Push Bars, separate or combined with bumpers; Bumpers or Bumper Fittings, NOI, plastic, front or rear end protection; [Other Articles Listed No Change.] In packages, subject to Items 170 and 171 and having a density in pounds per cubic foot of: Subs 1-11 No Change NOTE No Change NOTE No Change NOTE No Change NOTE No Change NOTE No Change Bumper Fittings, iron or steel, other than plated, etc... Cancel; see item A-NEW NOTE Cancel; no further application. Subject 2, Page 2 of 7

17 SUBJECT 2 Proposed Classification Provisions Concluded Item Description Class AUTOMOBILE PARTS GROUP: subject to item Bumpers, front or rear end protection, metal, used, not reconditioned, having value for reconditioning or salvaging, prepaid, etc. Cancel; see item A-NEW A-NEW Bumpers or Bumper Fittings, front or rear end protection, with or without hitch plates, step plates or built-in lighting fixtures, see Note, Sub 1 item B-NEW: In boxes or crates, see Note, item C-NEW, subject to Item 170 and having a density in pounds per cubic foot of: Sub 2 Less than Sub 3 6 but less than Sub 4 10 or greater Sub 5 In packages other than boxes or crates, see Note, item C-NEW, subject to Item 170 and having a density in pounds per cubic foot of: Sub 6 Less than Sub 7 6 but less than Sub 8 10 or greater B-NEW NOTE Also applies on Brush Guards, Grille Guards, Bull Bars or Push Bars, whether or not combined with bumpers. C-NEW NOTE Articles tendered for shipment on lift truck skids, pallets or platforms must be securely fastened to and must not overhang the edges of the lift truck skid, pallet or platform deck. Exposed surfaces and edges must be completely wrapped with plastic film or corrugated fiberboard or protected by wood or similar material NOTE Cancel; no further application Bumpers or Bumper Fittings, NOI, front or rear end protection, etc. Cancel; see item A-NEW NOTE Cancel; no further application. Analysis Research Project 1367 Research Project 1367 on metal bumpers or bumper fittings was initiated in May 2018 to address interpretation issues and to develop current information on the transportation characteristics of the involved products. In conducting the research, information was also obtained on the transportation characteristics of plastic bumpers or bumper fittings as well as brush guards, etc. History of Provisions The provisions of item 18405, including Note, item 18407, were established as a result of action taken on Docket 127, Subject 25 (January 1967). The provisions first appeared in Supplement 10 to NMFC A-10, effective January 21, Subject 2, Page 3 of 7

18 SUBJECT 2 Item for used bumpers, having value for reconditioning or salvaging, was established as a result of action taken on Docket 106, Subject 15 (November 1962) and first appeared in Supplement 16 to NMFC A-6, effective May 23, The basic provisions for bumpers or bumper fittings, as named in item 18420, were adopted from the rails in The current provisions, including Note, item 18419, were established as a result of action taken on Docket , Subject 10 (February 2007). The provisions first appeared in Supplement 2 to NMF 100-AG, effective April 28, The provisions of item were amended to include a listing for plastic bumpers or bumper fittings as a result of action taken on Docket 916, Subject 13 (September 1991). The changes first appeared in Supplement 5 to NMF 100-R, effective November 9, The listing for brush guards, grille guards, bull bars or push bars was established in item as a result of action taken on Docket , Subject 9 (February 2007). These provisions first appeared in Supplement 2 to NMF 100-AG, effective April 28, All of the involved provisions have remained substantially unchanged to the present. About Bumpers, Bumper Fittings or Brush Guards Bumpers or bumper fittings are automobile components for the purpose of front or rear end crash protection. Brush guards sometimes referred to as grille guards, bull bars or push bars may be used for front end protection, for pushing purposes, for mounting auxiliary lighting, or merely as decorative trim. They may or may not be combined with bumpers, and like bumpers, they can be made from a variety of materials. Transportation Characteristics Density The information of record includes 23,584 density observations submitted by shippers and carriers, observed firsthand on CCSB dock surveys and obtained from the CCSB s Density Study 1. The densities range from 0.05 to pcf, with an overall average of 7.52 pcf. When the data is divided into density groups of less than 6 pcf, 6 but less than 10 pcf, and 10 pcf or greater, as shown in the table below, the resultant ranges and averages emerge. Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than but less than or greater The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 2, Page 4 of 7

19 SUBJECT 2 Handling When tendered in boxes secured on lift truck skids or pallets, or in crates, the involved commodities will generally exhibit handling characteristics similar to those of other like-packaged freight. However, the involved products may also be tendered secured on lift truck skids or pallets and may or may not be partially wrapped in plastic film or corrugated fiberboard. Articles not fully protected by packaging necessitate more care and attention to mitigate the potential for damage during handling. Examples of the involved articles as tendered for shipment are shown below. Stowability The stowability of these products will vary depending upon the manner in which they are tendered for shipment. In general, they will require floor loading due to their configuration. When tendered in a box or crate, a flat load-bearing surface will typically be present for loading other freight on top, and there will generally be lateral support for adjacent freight, resulting in a greater ability to readily structure a load and enabling better utilization of available vehicle space. Alternatively, these commodities may also be shipped secured on lift truck skids or pallets, and may or may not be partially wrapped in plastic film or corrugated fiberboard. In such instances, they lack a flat load-bearing surface for top freight and lateral support for adjacent freight. They may also have protrusions or edges that can potentially be damaged or damage adjacent freight. These factors can make it more difficult and time consuming for the carrier to properly structure the load, including necessitating the use of load decks and/or dunnage. Liability The articles are not perishable, hazardous in nature or unusually susceptible to theft. As is the case with most general commodities, being fully enclosed within a box or crate will offer greater protection against damage than when tendered secured on lift truck skids or pallets with little or no protective packaging. With regards to claims, one carrier reported $22, in paid claims, 12 claims for concealed damage and seven for shortage, during a four-year span involving item Another carrier reported 21 claims over a two-year span involving $1, paid for six loss claims and $4, paid for 15 damage claims. A third carrier reported claims ratios of 1.49% and 0.87% for item in 2017 and from January 1 to July 5, 2018, respectively. The value per pound ranges from $3.18 to $3.44, with an average of $3.32 per pound. Subject 2, Page 5 of 7

20 SUBJECT 2 Relationship to CCSB Policies and Guidelines CCSB policy calls for provisions to reflect a commodity s known transportation characteristics. The information of record indicates that the involved commodities range in density from 0.05 to pcf, with an average of 7.52 pcf. CCSB policy further provides that where commodities or commodity groups exhibit a wide range in density not accurately reflected by a single, overall average density, they may be assigned density-based classes. However, research has identified several significant negative handling, stowability and liability characteristics that must also be considered, in accordance with CCSB policies. These have been detailed in the analysis and include such factors as the need for additional care and attention in handling, the inability or additional care and equipment necessary to stack top freight or load adjacent freight, and the inherent risk of damage. However, these issues can be mitigated when the articles are shipped in boxes or crates. In view of the information of record, it would be in keeping with CCSB policy and precedent to establish provisions based on packaging and density, as proposed 2. The table below provides an evaluation of the density information of record on the basis of the three proposed density groups and shows the average density associated with each group, the proposed classes when tendered in boxes or crates according to CCSB density guidelines, and a one-class adjustment to reflect the identified negative handling, stowing and liability considerations when the articles are tendered in packages other than boxes or crates 3. Density Group (pcf) Average Density (pcf) CCSB Minimum Average Density Guideline (pcf) Class Based on CCSB Density Guidelines Class Adjustment Based on Handling, Stowability and Liability Considerations Less than but less than or greater As proposed, two new Notes would be established consistent with CCSB policies. The first would clarify that the item also applies on brush guards, grille guards, bull bars or push bars, whether or not combined with bumpers. The second Note would require those articles that are tendered on lift truck skids, pallets or platforms to be securely fastened to and not overhang the edges of the lift truck skid, pallet or platform deck and for exposed surfaces and edges to be completely wrapped with plastic film or corrugated fiberboard or protected by wood or similar material. Precedent for this approach can be found on Docket , Subject 5 (May 2017), involving water filters, purifiers or softeners. Density was determined to be the primary transportation characteristic when those products were shipped in boxes or crates. When tendered in packages other than boxes or crates, the products were generally not as well protected and, thus, presented additional stowability and liability concerns. Accordingly, classes were predicated on packaging and density, assigning respectively higher classes for 2 The density provisions would include reference to Item (Rule) 170, the inadvertence clause. 3 The proposed provisions would not authorize loose shipments. Subject 2, Page 6 of 7

21 SUBJECT 2 commodities tendered for shipment in packages other than boxes or crates. That proposal was approved as modified, and the provisions first appeared in Supplement 2 to NMF 100-AQ, effective August 5, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policies and precedent. Subject 2, Page 7 of 7

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23 SUBJECT 3 Re: Flammable or Combustible Liquids Hazard Class 3 CCSB Contact: Lisa K. O Donnell Telephone (703) odonnell@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class ADHESIVES GROUP: subject to item Adhesives, NOI, Adhesive Cements, NOI, Adhesive Glues, NOI, or Adhesive Pastes, NOI, other than toxic, see Note, item 4622: Sub 1 Combustible, in bulk containers holding 119 gallons or more; flammable; nonflammable gas; or corrosive; see Note, item 4623, in U.S. DOT authorized containers, subject to Item 170 and having a density in pounds per cubic foot of: Sub 2 Less than Sub 3 20 or greater Sub 4 Other than combustible in bulk containers holding 119 gallons or more, and other than flammable, nonflammable gas or corrosive, in bags, boxes, crates, drums, pails, intermediate bulk containers (IBCs), U.S. DOT specification portable tanks, or Packages 1398, 2213, 2399, 2440, 2445, 2452, 2458, 2463, 2467, 2478, 2496, 2499, 2500, 2515, 2516, 2521, 2526, 2528 or 2530, subject to Item 170 and having a density in pounds per cubic foot of: Sub 5 Less than Sub 6 20 or greater NOTE Not Involved NOTE Applies on materials regulated by the U.S. Department of Transportation as a Hazard Class 2, Division 2.1, Flammable Gas, or 2.2, Nonflammable Gas, as defined in 49 CFR ; Hazard Class 3, Flammable Liquid, as defined in 49 CFR ; or Hazard Class 8, Corrosive, as defined in 49 CFR ; and required to bear a notice to that effect on bills of lading and packaging. ASPHALT GROUP: subject to item Asphalt (Asphaltum), natural, by-product or petroleum, liquid, other than paint, stain or varnish, in containers in boxes or drums, in metal cans in crates, in pails, in bulk in drums, or in Package Tar, coal or petroleum, in metal cans in boxes or crates, or in pails, or in bulk in drums, see Note, item NOTE Will also apply on solid coal or petroleum tar, the melting point of which is over 140 degrees Fahrenheit, as determined by the Ball and Ring test in water or by the 1 /2 inch Cube test in water, when shipped in fiber drums Tar, NOI, in metal cans in boxes or crates, or in bulk in drums Subject 3, Page 1 of 30

24 SUBJECT 3 Present Classification Provisions Continued Item Description Class BUILDING MATERIALS, MISCELLANEOUS, GROUP: subject to item Cement, Concrete or Masonry Waterproofing Compound, liquid or paste: Sub 1 In carboys, or in glass in boxes Sub 2 In metal cans in boxes or crates; in pails; in bulk in drums; or in Package CHEMICALS GROUP: see Notes, items and NOTE Not Involved NOTE 1. Materials regulated by the U.S. Department of Transportation that are required to bear any of the Hazard Class 6 or Hazard Division 6.1 labels listed below are subject to the provisions of item 45615, regardless of the DOT-designated Hazard Class or Hazard Division. (a) 'INHALATION HAZARD' (b) 'POISON' (c) 'TOXIC' (d) 'PG III' 2. Not Involved Acetaldehyde. See item for class dependent upon released value: Sub 1 In bulk in drums Sub 2 In inner containers in boxes, or in steel cylinders Sub 3 In carboys Acetone, NOI. See item for class dependent upon released value: Sub 1 In carboys Sub 2 In inner containers in boxes Sub 3 In bulk in drums or steel cylinders Acetonitrile, in boxes or drums. See item for class dependent upon released value Acrylate, butyl, ethyl, ethylhexyl, hydroxyethyl, hydroxypropyl, isobutyl or methyl, or Methyl Methacrylate Monomer, with inhibitor added, in drums Alcohols, other than alcoholic liquors and other than toxic: Alcohols, NOI; including Anhydrous Alcohol, not denatured. See item for class dependent upon released value: Sub 1 In carboys Sub 2 In inner containers in boxes, or in pails Sub 3 In bulk in drums or steel cylinders Alcohol, methallyl, in bulk in drums or steel cylinders Subject 3, Page 2 of 30

25 SUBJECT 3 Present Classification Provisions Continued Item Description Class CHEMICALS GROUP: subject to item Alcohols, other than alcoholic liquors and other than toxic: subject to item Alcohol, amyl; Alcohol, butyl, including Butanol; Alcohol, decyl, hexadecyl, hexyl, tridecyl, or undecyl, other than perfumery grade; Alcohol, denatured, see Note, item 42704, liquid; Alcohol, denaturing, NOI, see Note, item 42692; Alcohol, isobutyl; Alcohol, isopropanol or propyl; Alcohol, octyl or isooctyl, other than perfumery grade; Alcohol, propargyl; Alcohol, tetrahydrofurfuryl; Alcohol, antifreeze, see Note, item 42694; Distillates, synthetic alcohol, see Note, item 42696; Fluid, spirit duplication machine, see Note, item 42703; Oil, fusel; Solvent, denatured alcohol, see Note, item 42698; Solvent, isopropyl alcohol, see Note, item 42699; Solvent, methanol, NOI, see Note, item 42702; See item for class dependent upon released value: Sub 1 In bulk in drums or steel cylinders Sub 2 In inner containers in boxes Sub 3 In carboys NOTE Provisions for denaturing alcohol, NOI, apply on denaturants for ethyl alcohol consisting of natural blends of synthetic alcohol distillates which have not been processed beyond separation and removal of the methanol content NOTE Applies only on alcohol or alcohols with or without inhibitor, prepared and represented as antifreeze alcohol NOTE Applies only on those distillates, obtained in the synthetic production of methyl alcohol, which consist of mixtures of various alcohols other than those specifically classed in the Classification NOTE Applies only on denatured alcohol solvent containing not less than 90 percent of denatured alcohol NOTE Applies only on isopropyl alcohol solvent containing not less than 90 percent of isopropyl alcohol NOTE Applies only on methanol solvent, NOI, containing not less than 90 percent of methanol NOTE Applies only on fluid containing not less than 80 percent of methanol NOTE Applies on denatured alcohol other than Specially Denatured Alcohol. Subject 3, Page 3 of 30

26 SUBJECT 3 Present Classification Provisions Continued Item Description Class CHEMICALS GROUP: subject to item Alcohols, other than alcoholic liquors and other than toxic: subject to item Denatured or Methanol (Methyl Alcohol), solidified, in glass or metal containers in boxes Methyl Isobutyl Carbinol: Sub 1 In inner containers in boxes Sub 2 In bulk in drums Amyl Acetate. See item for class dependent upon released value: Sub 1 In carboys Sub 2 In inner containers in boxes Sub 3 In bulk in drums or steel cylinders Aqueous Monomethylamine, Aqueous Dimethylamine, or Aqueous Trimethylamine, in drums Benzol (Benzene). See item for class dependent upon released value: Sub 1 In boxes or drums, or in steel cylinders Sub 2 In glass in boxes or drums Sub 3 In glass carboys Butyl Acetate. See item for class dependent upon released value: Sub 1 In inner containers in boxes Sub 2 In bulk in drums or Package Butyraldehyde. See item for class dependent upon released value: Sub 1 In glass carboys Sub 2 In inner containers in boxes Sub 3 In bulk in drums or steel cylinders Chemicals, NOI, see Note, item See item for class dependent upon released value: Sub 1 In glass carboys or Package Sub 2 In bags, boxes, drums or Packages 1439, 2258, 2419, 2456 or NOTE Not Involved Chloropentanes (Dichloropentanes, Trichloropentanes or Tetrachloropentanes). See item for class dependent upon released value: Sub 1 In boxes or drums Sub 2 In glass carboys Cyclohexane, in boxes or drums Dichloroethyl Ether. See item for class dependent upon released value: Sub 1 In containers in boxes or drums Sub 2 In bulk in drums Dichloroethylene, in drums or in inner containers in boxes Subject 3, Page 4 of 30

27 SUBJECT 3 Present Classification Provisions Continued Item Description Class CHEMICALS GROUP: subject to item Diisobutyl Ketone: Sub 1 In inner containers in boxes Sub 2 In bulk in drums or steel cylinders Dyes or Colors, coal tar, other than indigo and other than toxic or corrosive materials, dry, liquid or paste, in boxes or drums, or dry, in Packages 1059, 1065 or See item for class dependent upon released value Ether, butyric. See item for class dependent upon released value: Sub 1 In inner containers in boxes Sub 2 In glass carboys Ether: Diethylene glycol dimethyl; Tetraethylene glycol dimethyl; Triethylene glycol dimethyl; In drums Ether, ethyl (Sulfuric Ether), anesthesia ether, in boxes or drums. See item for class dependent upon released value Ether, ethyl (Sulfuric Ether), other than anesthesia ether. See item for class dependent upon released value: Sub 1 In bulk in drums or steel cylinders Sub 2 In inner containers in boxes Sub 3 In glass carboys Ether, isopropyl, in boxes or drums Ethylbenzene (Ethylbenzol), Ethylbenzine, Polyethylbenzene, Polyethylbenzine or Diethylbenzene, in boxes or drums Ethylidene Aniline, in inner containers in boxes. See item for class dependent upon released value Formaldehyde, paste. See item for class dependent upon released value: Sub 1 In boxes or drums Sub 2 In metal holders in boxes or drums Formate, ethyl or methyl: Sub 1 In boxes, drums or steel cylinders Sub 2 In glass carboys Isobutyl Acetate. See item for class dependent upon released value: Sub 1 In bulk in drums Sub 2 In containers in boxes or drums Isobutyl Aldehyde, in bulk in drums. See item for class dependent upon released value Isobutyric Acid, in boxes or drums. See item for class dependent upon released value Subject 3, Page 5 of 30

28 SUBJECT 3 Present Classification Provisions Continued Item Description Class CHEMICALS GROUP: subject to item Isopropyl Acetate. See item for class dependent upon released value: Sub 1 In bulk in drums Sub 2 In inner containers in boxes Methyl Acetate. See item for class dependent upon released value: Sub 1 In bulk in drums or steel cylinders Sub 2 In glass carboys Sub 3 In inner containers in boxes Methyl Butyl Ketone, Methyl Ethyl Ketone, Methyl Isobutyl Ketone or Methyl Propyl Ketone. See item for class dependent upon released value: Sub 1 In bulk in drums or steel cylinders Sub 2 In containers in boxes or drums Sub 3 In glass carboys Methylal, in drums Paraldehyde. See item for class dependent upon released value: Sub 1 In inner containers in boxes Sub 2 In bulk in drums Sub 3 In glass carboys Proprietary Antifreeze or Engine Coolant Preparations, see Note, item 45972; Heat Transfer Agents or Media, NOI, see Note, item 45976; or Proprietary De-icing Preparations, see Note, item 45974: Sub 1 In inner containers in boxes or drums, or in Packages 2053, 2436 or Sub 2 In bulk in drums NOTE Applies only on proprietary antifreeze or engine coolant preparations made from denatured ethyl alcohol, methanol, ethylene glycol, propylene glycol, dipropylene glycol, diethylene glycol, glycol ether or hexylene glycol, with or without inhibitor NOTE Applies only on preparations containing alcohols or glycols, with or without water or inhibitors, in pressurized dispensing containers NOTE Applies only on proprietary heat transfer agents or media consisting of glycol ether, ethylene glycol, propylene glycol, diphenyl and diphenyl oxide mixtures, o-dichlorobenzene, modified terphenyl or alkylated benzene, with or without inhibitor Propyl Acetate. See item for class dependent upon released value: Sub 1 In bulk in drums Sub 2 In inner containers in boxes or drums Propyl Aldehyde, in bulk in drums Propylene Oxide, in drums Pyridine, in inner containers in boxes or in bulk in drums. See item for class dependent upon released value Subject 3, Page 6 of 30

29 SUBJECT 3 Present Classification Provisions Continued Item Description Class CHEMICALS GROUP: subject to item Resins, coal tar or petroleum, or Resin Compounds, see Note, item 46032, in multiple-wall paper bags, cloth bags, boxes, drums or Packages 591, 2452, 2473, 2501 or NOTE Not Involved. Tar Products: subject to item Chlorobenzene (Chlorobenzol) or Monochlorobenzol (Monochlorobenzene). See item for class dependent upon released value: Sub 1 In boxes, drums or steel cylinders Sub 2 In glass carboys Terepine Ether, in drums Toluol (Toluene), NOI. See item for class dependent upon released value: Sub 1 In bulk in drums or steel cylinders Sub 2 In inner containers in boxes or drums Sub 3 In glass carboys Vinyl Acetate. See item for class dependent upon released value: Sub 1 In bulk in drums Sub 2 In inner containers in boxes or drums Vinyl Toluene, inhibited, liquid, in drums Xylol, NOI, or Xylene. See item for class dependent upon released value: Sub 1 In bulk in drums or steel cylinders Sub 2 In inner containers in boxes or drums Sub 3 In glass carboys Chlorinated Phenol Petroleum Solution (Liquid Wood Preservatives), not exceeding 5 percent of chlorinated phenol by weight: Sub 1 In inner containers in boxes Sub 2 In bulk in drums Compounds or Solutions, windshield washer cleaning or antifreeze, concentrated or premixed: Sub 1 In inner containers in boxes Sub 2 In bulk in drums DRUGS, MEDICINES OR TOILET PREPARATIONS: subject to item Nitroglycerin, Spirits of, in glass or metal containers in wooden boxes only. See item for class dependent upon released value Perfume or Perfumery, in boxes, drums or Packages 2189 or See item for class dependent upon released value Toilet Preparations, NOI, see Notes, items 59422, and 59425, in boxes, drums or Packages 2180, 2189, 2407, 2411, 2440, 2499, 2500 or See item for class dependent upon released value Subject 3, Page 7 of 30

30 SUBJECT 3 Present Classification Provisions Continued Item Description Class NOTE Not Involved NOTE Not Involved NOTE Not Involved. FOODSTUFFS GROUP: subject to item Extracts, NOI; Flavoring Compounds, NOI; Imitation Flavors, NOI; or Bottlers' Flavoring Compounds, NOI, see Note, item 72917; liquid, paste or dry, see Notes, items 72912, and 72916; in boxes or drums or dry, in bulk in paper-lined cloth bags or four-ply multiple-wall paper bags, or in Packages 1000, 2358 or 2440, see Note, item NOTE Not Involved NOTE Not Involved NOTE Not Involved NOTE Not Involved NOTE Not Involved. INK AND RELATED MATERIALS GROUP: subject to item Ink and Related Materials, viz.: Bases, color, ink; Compounds, ink reducing, thickening or thinning; Driers, ink; Extenders, ink; Ink, brush or stencil marking; Ink, printing, NOI; Plasticizers, ink; Solvents, ink; Varnishes, ink; Sub 1 In metal or plastic tubes, in boxes other than Package Sub 2 In metal or plastic tubes, in Package Sub 3 In inner containers other than metal or plastic tubes in boxes, crates, drums or pails, in bulk in drums, or in Packages 574, 2388, 2440, 2463, 2467, 2499, 2516 or LIQUORS, BEVERAGE: subject to item Liquors, alcoholic, NOI, in boxes, drums or Packages 1343, 1352, 2297, 2332 or Motor Fuels, NOI, liquid (liquid blends of alcohol and petroleum or tar products; alcohol, castor oil and nitromethane; or of tar products with or without petroleum products), see Note, item , in inner containers in boxes, or in drums NOTE Applies only on motor fuels with an alcohol or tar content of 50 percent or more. Motor fuels with a petroleum content of 50 percent or more are classified per item OILS, OTHER THAN PETROLEUM: subject to item Camphor. See item for class dependent upon released value: Sub 1 In inner containers in boxes Sub 2 In boxes or drums Subject 3, Page 8 of 30

31 SUBJECT 3 Present Classification Provisions Continued Item Description Class OILS, OTHER THAN PETROLEUM: subject to item Coal Tar or Gas Drips, crude, NOI, including Crude Coal Tar Naphtha and Crude Light Oil of Coal Tar, in drums Creosote (Dead Oil of Coal Tar or Wood Tar) including Distillate or Solution (Creosote Oil and Tar): Sub 1 In pails or in inner containers in boxes Sub 2 In bulk in drums Paint Oils, NOI: Sub 1 In metal cans in crates Sub 2 In boxes or drums, or pails, with or without bails but equipped with handles Pine: Sub 1 In glass in boxes Sub 2 In inner containers, other than glass, in boxes, or in bulk in drums Pine Tar: Sub 1 In glass in boxes Sub 2 In inner containers, other than glass, in boxes Sub 3 In bulk in drums Rosin, in boxes or drums PAINTS GROUP: subject to item Caulking or Glazier's Compounds, NOI, other than foam, cellular or expanded plastic or rubber, see Note, item ; in boxes, crates, pails or steel drums NOTE Also applies on paint in tubes in the same shipping container when the weight of the paint does not exceed 10 percent of the weight upon which freight charges are assessed. THIS SPACE INTENTIONALLY LEFT BLANK Subject 3, Page 9 of 30

32 SUBJECT 3 Present Classification Provisions Continued Item Description Class PAINTS GROUP: subject to item Paint and Related Materials, viz.: Additives, paint preserving; Color, mortar; Compounds, paint, lacquer, varnish, gum, resin, plastic or adhesive increasing, reducing, removing, thickening or thinning; Driers, paint or varnish; Fillers, wood; Lacquer; Liquids, bronzing; Paints, Stains or Varnishes, NOI; Pigments, NOI; Plasticizers, paint, lacquer, varnish, gum, resin or plastic; Shellacs; Solvent, paint, lacquer, varnish, gum, resin, plastic, rubber or adhesive; Sub 1 Combustible, in bulk containers holding 119 gallons or more; flammable; or corrosive; see Note, item , in U.S. DOT authorized containers, subject to Item 170 and having a density in pounds per cubic foot of: Sub 2 Less than Sub 3 20 or greater Sub 4 Other than combustible in bulk containers holding 119 gallons or more, and other than flammable or corrosive, in bags, boxes, crates, drums, pails, intermediate bulk containers (IBCs), U.S. DOT specification portable tanks, or Packages 33, 601, 934, 1398, 2138, 2257, 2301, 2335, 2374, 2403, 2404, 2440, 2445, 2463, 2467, 2473, 2499, 2516 or 2521, subject to Item 170 and having a density in pounds per cubic foot of: Sub 5 Less than Sub 6 20 or greater NOTE Applies on paint and related materials meeting the U.S. DOT regulations' definition of combustible, flammable or corrosive materials Turpentine, NOI, including Pinene or Wood Turpentine, in boxes or drums Subject 3, Page 10 of 30

33 SUBJECT 3 Present Classification Provisions Continued Item Description Class PETROLEUM PRODUCTS GROUP: subject to item NOTE Not Involved Petroleum Oils, Greases and Related Products, viz.: Adhesive or Coating, air filtering element dust arresting; Alcohols, inedible fatty, NOI; Aviation Turbine Engine Fuel or Jet Fuel; Case Oil; Coal Oil; Crude Oil, petroleum; Diesel Fuel; Fatty Acid, petroleum; Fuel Oil; Gasoline, Motor Spirit or Petrol, including Casinghead Gasoline; Grease; Isopentane; Kerosene; Naphthenic Acid; Oil, NOI, see Notes, items and ; Paraffin, chlorinated; Paraffin Wax; Pentane; Petrolatum, Petroleum Jelly or Petroleum Petrolatum Preparations, see Note, item ; Petroleum Distillates or Petroleum Products, NOI; Petroleum Naphtha; Petroleum Oil; Petroleum Wax; Transformer Oil; Sub 1 Combustible, in bulk containers holding 119 gallons or more, or flammable, see Note, item , in U.S. DOT authorized Sub 2 containers Other than combustible in bulk containers holding 119 gallons or more, and other than flammable, in bags, boxes, crates, drums or Packages 210, 589, 591, 602, 926, 1000, 1235, 1500, 2096, 2342, 2440, 2445, 2452, 2454, 2473, 2500, 2516, 2526, 2528 or NOTE Applies on petroleum products meeting the U.S. DOT regulations' definition of combustible materials, when shipped in bulk containers holding 119 gallons or more, or flammable materials NOTE Not Involved Petroleum Toluene (Petroleum Toluol), in bulk in drums Subject 3, Page 11 of 30

34 SUBJECT 3 Present Classification Provisions Concluded Item Description Class PLASTIC MATERIALS, OTHER THAN EXPANDED, GROUP: subject to item Liquid, NOI, other than as described in items and 46032, in boxes, crates, drums or Packages 2440, 2445, 2516 or ROOFING OR SIDING MATERIALS GROUP: subject to item Coating, roofing, having asphalt, pitch, rosin or tar base, other than paint, stain or varnish, in drums or pails or in inner containers in boxes Tributyltin Compound Petroleum Solution, liquid (Liquid Wood Preservative), not exceeding 5 percent of tributyltin compound by weight: Sub 1 In pails, or in inner containers in boxes Sub 2 In bulk in drums WASTE MATERIALS GROUP: subject to item Waste Hydroxy Aldehydes or Sugars, containing not less than 40 percent water (residuum from manufacture of pentaerythritol), in bulk in drums Package 574 Paste ink in electrically welded single-seam straight-sided 5-gallon 29-gauge (minimum inch thickness) nonreusable steel containers. Containers must bear initials 'NRC' to signify that they are not again to be used as shipping containers after contents have been removed following initial shipment. Proposed Classification Provisions Item Description Class ADHESIVES GROUP: subject to item Adhesives, NOI, Adhesive Cements, NOI, Adhesive Glues, NOI, or Adhesive Pastes, NOI, not required by the U.S. Department of Transportation to bear a Hazard Class or Hazard Division label, see Notes, items 4622 and A-NEW, in bags, boxes, drums, pails, intermediate bulk containers (IBCs), portable tanks or Packages 1398, 2213, 2399, 2440, 2445, 2452, 2458, 2463, 2467, 2478, 2496, 2499, 2500, 2515, 2516, 2521, 2526, 2528 or 2530, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 20 or greater NOTE No Change NOTE Cancel; no further application. A-NEW NOTE Does not apply on materials regulated by the U.S. Department of Transportation as hazardous and required to bear a Hazard Class or Hazard Division label. For classes applicable to such hazardous materials, see provisions elsewhere in this Classification. Subject 3, Page 12 of 30

35 SUBJECT 3 Proposed Classification Provisions Continued Item Description Class ASPHALT GROUP: subject to item Asphalt (Asphaltum), natural, by-product or petroleum, liquid, other than paint, stain or varnish and not required by the U.S. Department of Transportation to bear a Hazard Class or Hazard Division label, see Note, item B-NEW, in containers in boxes, or in drums, pails or Package Tar, coal or petroleum, not required by the U.S. Department of Transportation to bear a Hazard Class or Hazard Division label, see Note, item B-NEW, in metal cans in boxes, or in drums or pails, see Note, item NOTE No Change Tar, NOI, not required by the U.S. Department of Transportation to bear a Hazard Class or Hazard Division label, see Note, item B-NEW, in metal cans in boxes, or in drums B-NEW NOTE Does not apply on materials regulated by the U.S. Department of Transportation as hazardous and required to bear a Hazard Class or Hazard Division label. For classes applicable to such hazardous materials, see provisions elsewhere in this Classification. BUILDING MATERIALS, MISCELLANEOUS, GROUP: subject to item Cement, Concrete or Masonry Waterproofing Compound, liquid or paste, not required by the U.S. Department of Transportation to bear a Hazard Class or Hazard Division label, see Note, item C-NEW: Sub 1 No Change. Sub 2 In metal cans in boxes, or in drums, pails or Package C-NEW NOTE Does not apply on materials regulated by the U.S. Department of Transportation as hazardous and required to bear a Hazard Class or Hazard Division label. For classes applicable to such hazardous materials, see provisions elsewhere in this Classification CHEMICALS GROUP: see Notes, items and NOTE No Change NOTE No Change Acetaldehyde, etc... Cancel; see item G-NEW Acetone, NOI, etc... Cancel; see item G-NEW Acetonitrile, etc... Cancel; see item G-NEW Acrylate, butyl, ethyl, ethylhexyl, hydroxyethyl, hydroxypropyl, isobutyl or methyl, or Methyl Methacrylate Monomer, with inhibitor added, etc... Cancel; see item G-NEW Subject 3, Page 13 of 30

36 SUBJECT 3 Proposed Classification Provisions Continued Item Description Class CHEMICALS GROUP: subject to item Alcohols, NOI, other than alcoholic liquors and not required by the U.S. Department of Transportation to bear a Hazard Class or Hazard Division label, see Note, item D-NEW: Sub 1 In carboys Sub 2 In inner containers in boxes, or in pails Sub 3 In drums D-NEW NOTE Does not apply on materials regulated by the U.S. Department of Transportation as hazardous and required to bear a Hazard Class or Hazard Division label. For classes applicable to such hazardous materials, see provisions elsewhere in this Classification Alcohols, NOI; including Anhydrous Alcohol, not denatured, etc... Cancel; see items and G-NEW Alcohol, methallyl, etc... Cancel; see item G-NEW Alcohol, amyl, etc... Cancel; see items and G-NEW NOTE Cancel; no further application NOTE Cancel; no further application NOTE Cancel; no further application NOTE Cancel; no further application NOTE Cancel; no further application NOTE Cancel; no further application NOTE Cancel; no further application NOTE Cancel; no further application Denatured or Methanol (Methyl Alcohol), solidified, etc... Cancel; see item and G-NEW Methyl Isobutyl Carbinol, etc... Cancel; see item G-NEW Amyl Acetate, etc... Cancel; see item G-NEW Aqueous Monomethylamine, Aqueous Dimethylamine, or Aqueous Trimethylamine, etc... Cancel; see item G-NEW Benzol (Benzene), etc... Cancel; see item G-NEW Butyl Acetate, etc... Cancel; see item G-NEW Subject 3, Page 14 of 30

37 SUBJECT 3 Proposed Classification Provisions Continued Item Description Class CHEMICALS GROUP: subject to item Butyraldehyde, etc... Cancel; see item G-NEW Chemicals, NOI, see Note, item See item for class dependent upon released value: Sub 1 In glass carboys or Package Sub 2 In bags, boxes, drums or Packages 1439, 2258, 2419, 2456 or NOTE No Change Chloropentanes (Dichloropentanes, Trichloropentanes or Tetrachloropentanes), etc... Cancel; see item G-NEW Cyclohexane, etc... Cancel; see item G-NEW Dichloroethyl Ether, etc... Cancel; see item G-NEW Dichloroethylene, etc... Cancel; see item G-NEW Diisobutyl Ketone, etc... Cancel; see item G-NEW Dyes or Colors, coal tar, other than indigo and not required by the U.S. Department of Transportation to bear a Hazard Class or Hazard Division label, see Note, item E-NEW, dry, liquid or paste, in boxes or drums; or dry, in Packages 1059, 1065 or See item for class dependent upon released value E-NEW NOTE Does not apply on materials regulated by the U.S. Department of Transportation as hazardous and required to bear a Hazard Class or Hazard Division label. For classes applicable to such hazardous materials, see provisions elsewhere in this Classification Ether, butyric, etc... Cancel; see item G-NEW Ether: Diethylene glycol dimethyl; Tetraethylene glycol dimethyl; Triethylene glycol dimethyl, etc... Cancel; see item G-NEW Ether, ethyl (Sulfuric Ether), anesthesia ether, etc... Cancel; see item G-NEW Ether, ethyl (Sulfuric Ether), other than anesthesia ether, etc... Cancel; see item G-NEW Ether, isopropyl, etc... Cancel; see item G-NEW Ethylbenzene (Ethylbenzol), Ethylbenzine, Polyethylbenzene, Polyethylbenzine or Diethylbenzene, etc... Cancel; see item G-NEW Subject 3, Page 15 of 30

38 SUBJECT 3 Proposed Classification Provisions Continued Item Description Class CHEMICALS GROUP: subject to item F-NEW Ethylidene Aniline, in inner containers in boxes. See item for class dependent upon released value Ethylidene Aniline, etc... Cancel; see item F-NEW G-NEW Flammable Liquids, NOI; or Combustible Liquids in bulk containers with a maximum capacity greater than 119 gallons, NOI; other than toxic, see Notes, items and H-NEW, in U.S. DOT-authorized packaging: Sub 1 In Packing Group I Sub 2 In Packing Group II Sub 3 In Packing Group III H-NEW NOTE Applies on materials regulated by the U.S. Department of Transportation as a Hazard Class 3: Flammable Liquid; or Combustible Liquid in bulk containers; as defined in 49 CFR and required to bear a notice to that effect on bills of lading and packaging Formaldehyde, paste, etc... Cancel; see item G-NEW and provisions otherwise applicable Formate, ethyl or methyl, etc... Cancel; see item G-NEW Isobutyl Acetate, etc... Cancel; see item G-NEW Isobutyl Aldehyde, etc... Cancel; see item G-NEW Isobutyric Acid, etc... Cancel; see item G-NEW Isopropyl Acetate, etc... Cancel; see item G-NEW Methyl Acetate, etc... Cancel; see item G-NEW Methyl Butyl Ketone, Methyl Ethyl Ketone, Methyl Isobutyl Ketone or Methyl Propyl Ketone, etc... Cancel; see item G-NEW Methylal, etc... Cancel; see item G-NEW Paraldehyde, etc... Cancel; see item G-NEW Proprietary Antifreeze or Engine Coolant Preparations, see Note, item 45972; Heat Transfer Agents or Media, NOI, see Note, item 45976; or Proprietary De-icing Preparations, etc... Cancel; see item G-NEW Subject 3, Page 16 of 30

39 SUBJECT 3 Proposed Classification Provisions Continued Item Description Class CHEMICALS GROUP: subject to item NOTE Cancel; no further application NOTE Cancel; no further application NOTE Cancel; no further application Propyl Acetate, etc... Cancel; see item G-NEW Propyl Aldehyde, etc... Cancel; see item G-NEW Propylene Oxide, etc... Cancel; see item G-NEW Pyridine, etc... Cancel; see item G-NEW Resins, coal tar or petroleum, or Resin Compounds, see Note, item 46032, not required by the U.S. Department of Transportation to bear a Hazard Class or Hazard Division label, see Note, item I-NEW, in multiple-wall paper bags, cloth bags, boxes, drums or Packages 591, 2452, 2473, 2501 or I-NEW NOTE Does not apply on materials regulated by the U.S. Department of Transportation as hazardous and required to bear a Hazard Class or Hazard Division label. For classes applicable to such hazardous materials, see provisions elsewhere in this Classification NOTE No Change. Tar Products: subject to item Chlorobenzene (Chlorobenzol) or Monochlorobenzol (Monochlorobenzene), etc... Cancel; see item G-NEW Terepine Ether, etc... Cancel; see item G-NEW Toluol (Toluene), NOI, etc... Cancel; see item G-NEW Vinyl Acetate, etc... Cancel; see item G-NEW Vinyl Toluene, inhibited, liquid, etc... Cancel; see item G-NEW Xylol, NOI, or Xylene, etc... Cancel; see item G-NEW Chlorinated Phenol Petroleum Solution (Liquid Wood Preservatives), not required by the U.S. Department of Transportation to bear a Hazard Class or Hazard Division label, see Note, item J-NEW: Sub 1 In inner containers in boxes Sub 2 In bulk in drums Subject 3, Page 17 of 30

40 SUBJECT 3 Proposed Classification Provisions Continued Item Description Class J-NEW NOTE Does not apply on materials regulated by the U.S. Department of Transportation as hazardous and required to bear a Hazard Class or Hazard Division label. For classes applicable to such hazardous materials, see provisions elsewhere in this Classification Compounds or Solutions, windshield washer cleaning or antifreeze, concentrated or premixed, not required by the U.S. Department of Transportation to bear a Hazard Class or Hazard Division label, see Note, item K-NEW: Sub 1 In inner containers in boxes Sub 2 In bulk in drums K-NEW NOTE Does not apply on materials regulated by the U.S. Department of Transportation as hazardous and required to bear a Hazard Class or Hazard Division label. For classes applicable to such hazardous materials, see provisions elsewhere in this Classification. DRUGS, MEDICINES OR TOILET PREPARATIONS: subject to item Nitroglycerin, Spirits of, etc... Cancel; see item G-NEW Perfume or Perfumery, not required by the U.S. Department of Transportation to bear a Hazard Class or Hazard Division label, see Note, item L-NEW, in boxes, drums or Packages 2189 or See item for class dependent upon released value Toilet Preparations, NOI, not required by the U.S. Department of Transportation to bear a Hazard Class or Hazard Division label, see Notes, items 59422, 59424, and L-NEW, in boxes, drums or Packages 2180, 2189, 2407, 2411, 2440, 2499, 2500 or See item for class dependent upon released value NOTE No Change NOTE No Change NOTE No Change. L-NEW NOTE Does not apply on materials regulated by the U.S. Department of Transportation as hazardous and required to bear a Hazard Class or Hazard Division label. For classes applicable to such hazardous materials, see provisions elsewhere in this Classification. FOODSTUFFS GROUP: subject to item Extracts, NOI; Flavoring Compounds, NOI; Imitation Flavors, NOI; or Bottlers' Flavoring Compounds, NOI, see Note, item 72917; liquid, paste or dry, not required by the U.S. Department of Transportation to bear a Hazard Class or Hazard Division label, see Notes, items 72912, 72914, and M-NEW; in boxes or drums; or dry, in bulk in paper-lined cloth bags or four-ply multiple-wall paper bags, or in Packages 1000, 2358 or 2440, see Note, item Subject 3, Page 18 of 30

41 SUBJECT 3 Proposed Classification Provisions Continued Item Description Class M-NEW NOTE Does not apply on materials regulated by the U.S. Department of Transportation as hazardous and required to bear a Hazard Class or Hazard Division label. For classes applicable to such hazardous materials, see provisions elsewhere in this Classification NOTE No Change NOTE No Change NOTE No Change NOTE No Change NOTE No Change. INK AND RELATED MATERIALS GROUP: subject to item Ink and Related Materials, not required by the U.S. Department of Transportation to bear a Hazard Class or Hazard Division label, see Note, item N-NEW, viz.: Bases, color, ink; Compounds, ink reducing, thickening or thinning; Driers, ink; Extenders, ink; Ink, brush or stencil marking; Ink, printing, NOI; Plasticizers, ink; Solvents, ink; Varnishes, ink; Sub 1 In metal or plastic tubes, in boxes other than Package Sub 2 In metal or plastic tubes, in Package Sub 3 In inner containers other than metal or plastic tubes in boxes, or in drums, pails or Packages 2388, 2440, 2463, 2467, 2499, 2516 or N-NEW NOTE Does not apply on materials regulated by the U.S. Department of Transportation as hazardous and required to bear a Hazard Class or Hazard Division label. For classes applicable to such hazardous materials, see provisions elsewhere in this Classification. LIQUORS, BEVERAGE: subject to item Liquors, alcoholic, NOI, not required by the U.S. Department of Transportation to bear a Hazard Class or Hazard Division label, see Note, item O-NEW, in boxes, drums or Packages 1343, 1352, 2297, 2332 or O-NEW NOTE Does not apply on materials regulated by the U.S. Department of Transportation as hazardous and required to bear a Hazard Class or Hazard Division label. For classes applicable to such hazardous materials, see provisions elsewhere in this Classification. Subject 3, Page 19 of 30

42 SUBJECT 3 Proposed Classification Provisions Continued Item Description Class Motor Fuels, NOI, liquid (liquid blends of alcohol and petroleum or tar products; alcohol, castor oil and nitromethane; or of tar products with or without petroleum products), not required by the U.S. Department of Transportation to bear a Hazard Class or Hazard Division label, see Notes, items and P-NEW, in inner containers in boxes, or in drums NOTE No Change. P-NEW NOTE Does not apply on materials regulated by the U.S. Department of Transportation as hazardous and required to bear a Hazard Class or Hazard Division label. For classes applicable to such hazardous materials, see provisions elsewhere in this Classification. OILS, OTHER THAN PETROLEUM: subject to item Camphor, etc... Cancel; see item G-NEW Coal Tar or Gas Drips, crude, NOI, including Crude Coal Tar Naphtha and Crude Light Oil of Coal Tar, etc... Cancel; see item G-NEW Creosote (Dead Oil of Coal Tar or Wood Tar) including Distillate or Solution (Creosote Oil and Tar), etc... Cancel; see item G-NEW Paint Oils, NOI, etc... Cancel; see items G-NEW and Pine, etc... Cancel; see item G-NEW Pine Tar, etc... Cancel; see item G-NEW Rosin, etc... Cancel; see item G-NEW PAINTS GROUP: subject to item Caulking or Glazier's Compounds, NOI, other than foam, cellular or expanded plastic or rubber and not required by the U.S. Department of Transportation to bear a Hazard Class or Hazard Division label, see Notes, items and Q-NEW, in boxes, crates, pails or steel drums... No Change NOTE No Change. Subject 3, Page 20 of 30

43 SUBJECT 3 Proposed Classification Provisions Continued Item Description Class PAINTS GROUP: subject to item Paint and Related Materials, not required by the U.S. Department of Transportation to bear a Hazard Class or Hazard Division label, see Note, item Q-NEW, viz.: Additives, paint preserving; Color, mortar; Compounds, paint, lacquer, varnish, gum, resin, plastic or adhesive increasing, reducing, removing, thickening or thinning; Driers, paint or varnish; Fillers, wood; Lacquer; Liquids, bronzing; Paint Oils; Paints, Stains or Varnishes, NOI; Pigments, NOI; Plasticizers, paint, lacquer, varnish, gum, resin or plastic; Shellacs; Solvent, paint, lacquer, varnish, gum, resin, plastic, rubber or adhesive; in bags, boxes, drums, pails, intermediate bulk containers (IBCs), portable tanks or Packages 33, 601, 934, 1398, 2138, 2257, 2301, 2335, 2374, 2403, 2404, 2440, 2445, 2463, 2467, 2473, 2499, 2516 or 2521, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 20 or greater NOTE Cancel; no further application. Q-NEW NOTE Does not apply on materials regulated by the U.S. Department of Transportation as hazardous and required to bear a Hazard Class or Hazard Division label. For classes applicable to such hazardous materials, see provisions elsewhere in this Classification Turpentine, NOI, including Pinene or Wood Turpentine, etc... Cancel; see item G-NEW Subject 3, Page 21 of 30

44 SUBJECT 3 Proposed Classification Provisions Continued Item Description Class PETROLEUM PRODUCTS GROUP: subject to item NOTE No Change Petroleum Oils, Greases and Related Products, not required by the U.S. Department of Transportation to bear a Hazard Class or Hazard Division label, see Note, item R-NEW, viz.: Adhesive or Coating, air filtering element dust arresting; Alcohols, inedible fatty, NOI; Fatty Acid, petroleum; Naphthenic Acid; Oil, NOI, see Notes, items and ; Paraffin Wax; Petrolatum, Petroleum Jelly or Petroleum Petrolatum Preparations, see Note, item ; Petroleum Distillates or Petroleum Products, NOI; Petroleum Wax; Transformer Oil; In bags, boxes, drums or Packages 210, 589, 591, 602, 926, 1000, 1235, 1500, 2096, 2342, 2440, 2445, 2452, 2454, 2473, 2500, 2516, 2526, 2528 or NOTE Cancel; no further application. R-NEW NOTE Does not apply on materials regulated by the U.S. Department of Transportation as hazardous and required to bear a Hazard Class or Hazard Division label. For classes applicable to such hazardous materials, see provisions elsewhere in this Classification NOTE No Change Petroleum Toluene (Petroleum Toluol), etc... Cancel; see item G-NEW PLASTIC MATERIALS, OTHER THAN EXPANDED, GROUP: subject to item Liquid, NOI, other than as described in items and and not required by the U.S. Department of Transportation to bear a Hazard Class or Hazard Division label, see Note, item S-NEW, in boxes, drums or Packages 2440, 2445, 2516 or S-NEW NOTE Does not apply on materials regulated by the U.S. Department of Transportation as hazardous and required to bear a Hazard Class or Hazard Division label. For classes applicable to such hazardous materials, see provisions elsewhere in this Classification. Subject 3, Page 22 of 30

45 SUBJECT 3 Proposed Classification Provisions Concluded Item Description Class ROOFING OR SIDING MATERIALS GROUP: subject to item Coating, roofing, having asphalt, pitch, rosin or tar base, other than paint, stain or varnish and not required by the U.S. Department of Transportation to bear a Hazard Class or Hazard Division label, see Note, item T-NEW, in inner containers in boxes, or in drums or pails T-NEW NOTE Does not apply on materials regulated by the U.S. Department of Transportation as hazardous and required to bear a Hazard Class or Hazard Division label. For classes applicable to such hazardous materials, see provisions elsewhere in this Classification Tributyltin Compound Petroleum Solution, liquid (Liquid Wood Preservative), not exceeding 5 percent of tributyltin compound by weight and not required by the U.S. Department of Transportation to bear a Hazard Class or Hazard Division label, see Note, item U-NEW: Sub 1 In inner containers in boxes, or in pails Sub 2 In drums U-NEW NOTE Does not apply on materials regulated by the U.S. Department of Transportation as hazardous and required to bear a Hazard Class or Hazard Division label. For classes applicable to such hazardous materials, see provisions elsewhere in this Classification. WASTE MATERIALS GROUP: subject to item Waste Hydroxy Aldehydes or Sugars, containing not less than 40 percent water (residuum from manufacture of pentaerythritol) and not required by the U.S. Department of Transportation to bear a Hazard Class or Hazard Division label, see Note, item V-NEW, in drums V-NEW NOTE Does not apply on materials regulated by the U.S. Department of Transportation as hazardous and required to bear a Hazard Class or Hazard Division label. For classes applicable to such hazardous materials, see provisions elsewhere in this Classification. Cancel; no further application. Analysis Package 574 Research Project 1348 This proposal is based on information developed through Research Project 1348, which was initiated in February 2018 on materials regulated by the U.S. Department of Transportation (DOT) as Flammable Liquids in Hazard Class 3. Subject 3, Page 23 of 30

46 SUBJECT 3 Definitions, Regulations and Provisions 49 CFR defines Hazard Class 3 materials as flammable or combustible liquid. A flammable liquid is defined in 49 CFR (a) as a liquid having a flash point of not more than 140 F, or any material in a liquid phase with a flash point at or above 100 F that is intentionally heated and offered for transportation or transported at or above its flash point in a bulk packaging. Exceptions to the definition for a flammable liquid are shown in 49 CFR (a)(1)-(5). A combustible liquid is defined in 49 CFR (b)(1) as any liquid that does not meet the definition of any other hazard class specified in [the hazardous materials regulations 49 CFR parts ] and has a flash point above 140 F and below 200 F. 49 CFR (b)(2) states that a flammable liquid with a flash point at or above 100 F that does not meet the definition of any other hazard class may be reclassed as a combustible liquid. The required Hazard Class 3 label is shown on the right. Per 49 CFR (a)(1), the Packing Group for Hazard Class 3 materials is determined by the material s flashpoint or boiling point, as shown below. The DOT requires the offeror (in most cases that would be the shipper) to determine the hazard class of a hazardous material before the material is offered for transportation (see 49 CFR 171.1(b)(1)). When a material meets the definition of more than one hazard class or division as defined in 49 CFR part 173, the material must be classed according to the highest applicable hazard class. Hazard Classes 3 and 8 and Divisions 4.1, 4.2, 4.3, 5.1 and 6.1 are ranked in the precedence of hazard table shown in 49 CFR 173.2a(b). The table shows the primary Hazard Class of materials that meet the definitions of both Hazard Class 3 and Hazard Class 8, or Divisions 4.1, 4.2, 4.3, 5.1 and 6.1. As shown in the excerpt from the table, below, materials that may be defined as Hazard Class 3, Packing Groups I and II as well as Hazard Class 8 or Division 6.1, are generally classed as Hazard Class 3. Subject 3, Page 24 of 30

47 SUBJECT 3 According to the Bureau of Transportation Statistics 2012 Commodity Flow Survey of Hazardous Materials 1, Hazard Class 3 materials comprise 85.4% of the total tonnage of all hazardous materials moving throughout the United States, by all modes. Materials in Hazard Class 3 include industrial chemicals as well as commonplace consumer products, such as adhesives, paint and paint-related products, ink, household cleaners, perfumes, cosmetics and flavoring compounds, to name a few. The CCSB has identified multiple NMFC item numbers as applying on commodities regulated as Hazard Class 3 materials. The majority of those shown in the present provisions herein apply on a specific Hazard Class 3 material. A number of the NMFC items are generic catch all items that provide for groupings of materials, some of which are regulated as a Hazard Class 3, and some that are not regulated. These items include: 43940, Chemicals, NOI; 59420, Toilet Preparations, NOI; , Ink and Related Materials; , Paint and Related Materials; and , Petroleum Oils, Greases and Related Products. Seven of the NMFC items provide listings for specific types of products formulated from a range of chemicals, some of which may be regulated as Hazard Class 3 materials, and some that are not regulated. These entries include items: 33880, Cement, Concrete or Masonry Waterproofing Compound, liquid or paste; 50475, Compounds or Solutions, windshield washer cleaning or antifreeze; and 59070, Perfume or Perfumery. The subgrouping for Alcohols, other than alcoholic liquors and other than toxic, under the Chemicals Group, contains five NMFC items. Three of those items, 42680, and 42720, provide for Hazard Class 3 materials. The other two, item 42670, Alcohols, NOI, including Anhydrous Alcohol, not denatured, and item 42690, which lists 15 specific alcohols and alcohol-based products, and two general, NOI listings, provide for regulated and unregulated materials. In addition to the listings for Hazard Class 3 materials and unregulated materials, item contains a listing for spirit duplication machine fluid. Similar to the mimeograph machine, spirit duplicating machines were printing machines invented in the 1920s to make cheap, fast copies of an original document 2. The duplicating fluid contained 1 Bureau of Transportation Statistics 2012 Commodity Flow Survey of Hazardous Materials: (accessed July 2018) 2 See (accessed July 19, 2018) Subject 3, Page 25 of 30

48 SUBJECT 3 isopropanol and methanol. The printers and, consequently, the fluid, fell into disuse with the advent of cheap, high-quality desktop printers in the 1980s 3. When Hazard Class 3 materials and the obsolete listing for spirit duplication machine fluid are removed from the provisions of item and 42690, maintaining the two separate provisions for similar types of alcohols and alcohol-related materials becomes unnecessary. Transportation Characteristics Density The information of record on materials in Hazard Class 3 includes 15,490 density observations submitted by carriers, observed firsthand on CCSB dock surveys and obtained from the CCSB s Density Study 4. The densities range from 0.17 to pcf, with an overall average density of pcf. Items and provide for alcohols or alcohol-related materials. When Hazard Class 3 materials are not included in the density data of record, and the remaining materials are combined and grouped according to the current distinctions based on packaging, the density ranges and averages shown below emerge. Packaging Density Range (pcf) Density Average (pcf) In carboys In inner containers in boxes, or in pails In drums Handling Due to the hazardous nature of these materials, extra care and attention is necessary. Training carrier employees in handling hazardous materials and then supervising them to ensure compliance with DOT regulations takes additional time, more paperwork and extra personnel than that required when transporting nonhazardous freight. Personnel who must be trained in the intricacies of handling hazardous materials include: dispatchers, drivers (pickup, line-haul and delivery), driver supervisors, billing clerks, billing supervisors, terminal managers, freight handlers, dock foremen, maintenance personnel, safety and claims personnel, and even sales personnel. 3 See (accessed July 19, 2018) 4 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 3, Page 26 of 30

49 SUBJECT 3 The carrier s driver must check the accuracy of the information provided on the bill of lading and confirm that the shipper s compliance certification statement is included. Further, the driver must accurately count the number of pieces tendered, verify the inclusion of an emergency contact telephone number and verify the application of the proper hazard labels 5. It is also imperative that the driver be aware of the type of freight already in the vehicle to ensure the carrier complies with coloading prohibitions and segregation requirements. The driver must also be aware of the threshold quantities of hazardous materials that will trigger the need to display the appropriate warning placards on the vehicle. If placards are required, the driver must ensure that they are properly displayed on the vehicle (visible from the front, rear and both sides). The driver must also place the shipping documents for all hazardous materials on top of all documents for nonhazardous freight, or distinctively tab each hazardous materials shipping paper, and the hazardous materials documents must be kept within the driver s reach at all times. Considering the thousands of hazardous materials handled daily by for-hire carriers and the inescapable fact that leaks, spills, fires and accidents occur, emergency response information must be included in a shipping paper or with a shipping paper, in a manner that cross-references the description of the hazardous material on the shipping paper with the emergency response information contained in a separate document (see 49 CFR part 172, subpart G). In addition to these regulatory requirements, virtually every carrier has its own rules that detail the actions to be taken by drivers in the event of problems involving hazardous materials. Carrier billing personnel must be trained to recognize hazardous materials shipments and to accurately transfer all information on these materials from the bill of lading to the freight bill (a copy of which is used to move the freight through the carrier s system to its destination). Additionally, many carriers require that freight bills pertaining to hazardous materials be flagged as a means to ensure that freight handlers and drivers are aware of the dangers presented by the material. Terminal managers, dock foremen and freight handlers must all be trained to be familiar with the care and attention required in the handling of hazardous materials, including the coloading prohibitions and segregation of freight bearing different DOT-required hazard designation labels. Further, complying with the involved handling regulations requires at least one dedicated space on carrier docks for hazardous materials. Most general freight does not require a separate space on the carriers docks. The photos on the following page were obtained through CCSB dock surveys conducted in They demonstrate the range of Hazard Class 3 materials being transported in the less-than-truckload environment and the various packaging used to contain the materials CFR , , , , , , Subject 3, Page 27 of 30

50 SUBJECT 3 Stowability DOT regulations in 49 CFR establish coloading prohibitions and segregation requirements that apply on flammable liquids, as per the table below 6. These restrictions can limit where in the vehicle and with what freight the carrier can stow the shipments and can result in less than full utilization of vehicle capacity and/or necessitate the dispatch of more than one vehicle. Class or division Segregation Table for Hazardous Materials gas zone A 2.3 gas Zone B liquids PG I zone A Flammable liquids X X O X X O O X X=Coloading Prohibition O=Segregation Requirement Liability Flammable and combustible liquids are hazardous in nature, may damage other freight and carrier equipment, and may pose a risk of injury to carrier personnel. When hazardous materials are involved in a transportation incident, often a report may be required. Reporting requirements are the responsibility of the carrier. For certain incidents, the carrier must notify the National Response Center (NRC) as soon as practical but not later than 12 hours after the incident occurs. For any such incident, the carrier must also follow up with a written Hazardous Materials Incident Report, DOT Form F within 30 days. A written Hazardous Materials Incident Report, DOT Form F must also be submitted within 30 days of discovering any unintentional release of hazardous materials or unintentional discharge of hazardous waste, as well as under certain other conditions (see 49 CFR ). According to the DOT s Office of Hazardous Materials Safety s Incident Reports Database, from January 1, 2015 through January 28, 2018 there were 20,745 incidents involving Hazard Class 3 materials transported by highway, other than by cargo tank. The cost of damages for 2,415 of those incidents totaled $36,285,884, averaging approximately $15,025 per incident. 6 Flammable liquids are not subject to coloading prohibitions or segregation requirements with Hazard Classes or Divisions that are not shown. Subject 3, Page 28 of 30

51 SUBJECT 3 Relationship to CCSB Policies and Guidelines CCSB policies state that unusual or significant handling, stowability or liability characteristics may be contributing factors in the assignment of classes. As indicated, handling and stowing Hazard Class 3 materials require extra care and attention due to the hazards involved and the applicable regulations. Additionally, the liability assumed by the carrier when transporting Hazard Class 3 materials is greater than that typically assumed when transporting most general freight. The precedence of hazard table in 49 CFR 173.2a(b) provides the primary Hazard Class of materials that meet the definitions of both Hazard Class 3 and Hazard Class 8, or Divisions 4.1, 4.2, 4.3, 5.1 and 6.1. As shown in the table on page 24, materials that may be defined as Hazard Class 3, Packing Groups I and II as well as Hazard Class 8 or Division 6.1, are generally classed as Hazard Class 3 7. When establishing provisions for other hazardous materials, precedent has been to assign classes higher than those called for under the density guidelines, reflective of the respective hazards involved. In this instance, using the DOT s precedence of hazard, the degree of hazard of the involved Hazard Class 3 materials was compared to that of Poisonous or Toxic Materials, Hazard Class 6, Division 6.1, as named in item 45615, Corrosive Materials, Hazard Class 8, as named in item 44155, and Hazard Class 4, Divisions 4.1, 4.2 and 4.3 materials, as named in item 44515, to determine the relative degree of hazard. Based on that comparison, it would be in keeping with CCSB policies and precedent to establish a new item applying on Flammable Liquids, NOI; or Combustible Liquids in bulk containers with a maximum capacity greater than 119 gallons, NOI, under the Chemicals Group, with classes reflective of the relative hazards, determined by the packing group of the material. Furthermore, it would be in keeping with CCSB clarification policies and precedent to establish a Note that would be referenced by the new item stating that the item applies on materials regulated by the U.S. Department of Transportation as a Hazard Class 3, as defined in 49 CFR and required to bear a notice to that effect on bills of lading and packaging. The NMFC currently contains individual items that have been identified as applying on Hazard Class 3 materials. CCSB policies state that items embracing related commodities should be combined. As such, canceling the individual items with reference to the new item for Hazard Class 3 materials and/or to other general items as applicable, revising or restructuring items to clarify their application, and canceling various Notes as having no further application, as proposed, is in keeping with CCSB policy. 7 Materials that meet the definition of Hazard Class 3, Packing Group I, are to be classed as Hazard Class 3, except if the material also meets the definition of Division 4.3. Materials that meet the definition of Hazard Class 3, Packing Group II, are to be classed as Hazard Class 3, except if the material also meets the definition of Division 4.3 or Class 8, Packing Group I, liquid. Materials that meet the definition of Hazard Class 3, Packing Group III, are to be classed as Hazard Class 3, except if the material also meets the definition of Division 4.3, 6.1, Packing Group I, dermal, 6.1, Packing Group I, oral, 6.1, Packing Group II, Class 8, Packing Groups I and II, liquid. Subject 3, Page 29 of 30

52 SUBJECT 3 CCSB packaging policy is to establish and maintain packaging specifications as necessary to ensure that freight is adequately protected and can be handled and stowed in a manner that is reasonably safe and practicable so as to withstand the normal rigors of the less-than-truckload environment. Revising minimum packaging requirements, where indicated, and canceling Package 574 as having no further application, as determined by the CCSB s Packaging Consultant and as proposed, is in keeping with CCSB packaging policy. To make room for the new item for Hazard Class 3 materials, it is proposed to cancel item and reestablish it as a new item. Based on the information of record, this proposal, as docketed, is in keeping with CCSB policies and precedent. Subject 3, Page 30 of 30

53 SUBJECT 4 Re: Lighters Item CCSB Contact: Keith L. Charles, Jr. Telephone (703) charles@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class Lighters, see Note, item , viz.: Lighters, cigar, cigarette or pipe, NOI; Lighters, multipurpose or utility, stem or nozzle type; In boxes, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 10 or greater NOTE Applies on lighters whether or not containing the necessary fuel. Proposed Classification Provisions Item Description Class Lighters, viz.: Lighters, cigar, cigarette or pipe, NOI; Lighters, multipurpose or utility, stem or nozzle type; Sub 1 Other than containing flammable gas or flammable liquid; or containing flammable gas transported in accordance with 49 CFR (e); in boxes, subject to Item 170 and having a density in pounds per cubic foot of: Sub 2 Less than Sub 3 10 or greater Sub 4 Containing flammable gas, other than transported in accordance with 49 CFR (e), see Note, item A-NEW, in U.S. DOT-authorized packaging Sub 5 Containing flammable liquid, see Note, item B-NEW, in U.S. DOT-authorized packaging NOTE Cancel; no further application. A-NEW NOTE Applies on materials regulated by the U.S. Department of Transportation as a Hazard Class 2, Division 2.1, Flammable Gas, as defined in 49 CFR and required to bear a notice to that effect on bills of lading and packaging. B-NEW NOTE Applies on materials regulated by the U.S. Department of Transportation as a Hazard Class 3, Flammable Liquid, as defined in 49 CFR and required to bear a notice to that effect on bills of lading and packaging. Subject 4, Page 1 of 8

54 SUBJECT 4 Analysis Research Project 1342 This proposal is based on the information developed through Research Project 1342, which was initiated in January 2018 to investigate the transportation characteristics of lighters, including lighters containing lighter fuel regulated by the U.S. Department of Transportation (DOT) as Hazard Class 2, Hazard Division 2.1 or Hazard Class 3. History of Provisions The current provisions of item , including Note, item , were established as a result of action taken on Docket , Subject 3 (October 2009). Information from that record indicates a density range from 2.23 to pcf, with an average density of pcf. The average value per pound was $3.12 (in 2009 dollars). The provisions first appeared in Supplement 5 to NMF 100-AI, effective January 9, The provisions have remained unchanged to the present. About Lighters Cigar, cigarette or pipe lighters vary from the disposable plastic variety to those that are refillable and made from precious metals or other materials. Stem or nozzle-type multipurpose or utility lighters are comparable in function and nature, and may have childresistant capabilities. Examples of the different types of lighters included in this analysis are shown below. Disposable Plastic Cigarette Lighter Pipe Lighter Refillable Lighter Utility Lighter Definitions and Regulations Lighters containing lighter fuel are regulated by the DOT as a Flammable Gas, Hazard Class 2, Hazard Division 2.1, or a Flammable Liquid in Hazard Class 3. The pertinent regulatory information is shown in the table on the following page. Subject 4, Page 2 of 8

55 SUBJECT 4 Hazardous Materials Descriptions and Proper Shipping Names Hazard Class or Division Identification Numbers Packing Group Label Codes Lighters, containing flammable gas 2.1 UN Lighters, non-pressurized, containing flammable liquid 3 NA1057 II 3 Lighters containing flammable gas when more than 1,500 lighters are transported in one motor vehicle, or lighters containing flammable liquid, must be transported in accordance with 49 CFR Part 172 Subparts C through H, which specify shipping paper, marking, labeling, placarding, emergency response information and training requirements. The applicable labels are shown below. Lighters Containing Flammable Gas Hazardous Materials Labels Lighters Containing Flammable Liquid The DOT requires the offeror (in most cases that would be the shipper) to determine the hazard class of a material before it is offered for transportation (see 49 CFR 171.1(b)(1)). When a material meets the definition of more than one hazard class or division as defined in 49 CFR Part 173, the material must be classed according to the highest applicable hazard class. According to the hazardous materials regulations in 49 CFR 173.2a(a) 1, which shows the highest applicable hazard class in descending order, materials in Hazard Class 2, Hazard Division 2.1 are ranked third, and materials in Hazard Class 3 are ranked eighth. When lighters containing flammable gas are offered for highway transportation by a common carrier, and when no more than 1,500 lighters are transported in one motor vehicle, they are excepted from virtually all other regulations set forth in 49 CFR Part 172, including shipping paper, marking, labeling, placarding, emergency response information and training requirements 2. Lighters containing flammable gas transported in accordance with 49 CFR (e) are also excepted from the specification packaging, shipping paper, and marking requirements identified in (c) and (d). 1 Classification of a material having more than one hazard CFR (e) Subject 4, Page 3 of 8

56 SUBJECT 4 Transportation Characteristics Density The information of record includes 4,242 density observations submitted by carriers, observed firsthand on CCSB dock surveys and gathered from the CCSB s Density Study 3. The densities range from 0.84 to pcf, with an overall average of 9.54 pcf. When the data is evaluated based on the density break at 10 pcf, the density ranges and averages shown below emerge. Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than or greater Handling The involved commodities are usually tendered in fiberboard boxes secured on lift truck skids or pallets. Lighters not containing flammable gas or flammable liquid do not pose any unusual or significant handling problems. Lighters containing flammable gas transported in accordance with 49 CFR (e) require some added care and attention in handling. DOT hazardous materials incident reports indicate that on occasion boxes of lighters with lighter fuel have been dropped during loading or unloading, resulting in a leak. Otherwise, the involved lighters should not pose any unusual or significant handling problems. When handling lighters containing flammable gas, other than transported in accordance with 49 CFR (e), or lighters containing flammable liquid, carriers must comply with all of the applicable DOT regulations. Training carrier employees in handling hazardous materials and then supervising them to ensure compliance with DOT regulations takes additional time, more paperwork and extra personnel than that required when transporting nonhazardous freight. Personnel who must be trained in the intricacies of handling hazardous materials include: dispatchers, drivers (pickup, line-haul and delivery), driver supervisors, billing clerks, billing supervisors, terminal managers, freight handlers, dock foremen, maintenance personnel, safety and claims personnel, and even sales personnel. The carrier s driver must check the accuracy of the information provided on the bill of lading and confirm that the shipper s compliance certification statement is included. Further, the driver must accurately count the number of pieces tendered, verify the inclusion of an emergency contact telephone number and verify the application of the proper hazard labels 4. 3 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used CFR , , , , , , Subject 4, Page 4 of 8

57 SUBJECT 4 It is also imperative that the driver be aware of the type of freight already in the vehicle to ensure the carrier complies with coloading prohibitions and segregation requirements. The driver must also be aware of the threshold quantities of hazardous materials that will trigger the need to display the appropriate warning placards on the vehicle. If placards are required, the driver must ensure that they are properly displayed on the vehicle (visible from the front, rear and both sides). The driver must also place the shipping documents for all hazardous materials on top of all documents for nonhazardous freight, or distinctively tab each hazardous materials shipping paper, and the hazardous materials documents must be kept within the driver s reach at all times. Considering the thousands of hazardous materials handled daily by for-hire carriers and the inescapable fact that leaks, spills, fires and accidents occur, emergency response information must be included in a shipping paper or with a shipping paper, in a manner that cross-references the description of the hazardous material on the shipping paper with the emergency response information contained in a separate document (see 49 CFR Part 172, Subpart G). In addition to these regulatory requirements, virtually every carrier has its own rules that detail the actions to be taken by drivers in the event of problems involving hazardous materials. Carrier billing personnel must be trained to recognize hazardous materials shipments and to accurately transfer all information on these materials from the bill of lading to the freight bill (a copy of which is used to move the freight through the carrier s system to its destination). Additionally, many carriers require that freight bills pertaining to hazardous materials be flagged as a means to ensure that freight handlers and drivers are aware of the dangers presented by the material. Terminal managers, dock foremen and freight handlers must all be trained to be familiar with the care and attention required in the handling of hazardous materials, including the coloading prohibitions and segregation of freight bearing different DOT-required hazard designation labels. Further, complying with the involved handling regulations requires at least one dedicated space on carrier docks for hazardous materials. Most general freight does not require a separate space on the carriers docks. Stowability Lighters not containing flammable gas or flammable liquid do not pose any unusual or significant stowing problems. Lighters containing flammable gas transported in accordance with 49 CFR (e) require some added care and attention in stowing. DOT hazardous materials incident reports indicate that lighters have been punctured or crushed by adjacent freight. In two instances, the pallet load of lighters tipped, causing the lighters to leak. Lighters containing flammable gas, other than transported in accordance with 49 CFR (e), or lighters containing flammable liquid are subject to coloading prohibitions and segregation requirements, as per the table on the following page 5. These restrictions can limit where in the vehicle and with what freight the carrier can stow the shipments and can result in less-than-full utilization of vehicle capacity and/or necessitate the dispatch of more than one vehicle CFR Flammable gases and flammable liquids are not subject to coloading prohibitions or segregation requirements with Hazard Classes or Divisions that are not shown. Subject 4, Page 5 of 8

58 SUBJECT 4 Segregation Table for Hazardous Materials Material Class or Division gas zone A 2.3 gas zone B liquids PG I zone A 7 Flammable gases 2.1 X X O X X O O O Flammable liquids 3 X X O X X O O X X=Coloading Prohibition O=Segregation Requirement Liability Lighters not containing flammable gas or flammable liquid are not perishable, unusually susceptible to theft, hazardous in nature, unusually liable to damage, nor do they appear likely to damage other freight. Lighters containing flammable gas or flammable liquid may be liable to damage, and if the lighters leak, they may damage other freight and carrier equipment, and may pose a risk of injury to carrier personnel. However, lighters containing flammable gas transported in accordance with 49 CFR (e) are viewed under the DOT regulations as presenting a lower level of risk. When hazardous materials are involved in a transportation incident, often a report is required. Reporting requirements are the responsibility of the carrier. For certain incidents, the carrier must notify the National Response Center (NRC) as soon as practical but not later than 12 hours after the incident occurs. For any such incident, the carrier must also follow up with a written Hazardous Materials Incident Report, DOT Form F within 30 days. A written Hazardous Materials Incident Report, DOT Form F must also be submitted within 30 days of discovering any unintentional release of hazardous materials or unintentional discharge of hazardous waste, as well as under certain other conditions (see 49 CFR ). While no claims information was received, DOT hazardous materials incident reports indicate that there were 95 incidents involving lighters transported by highway from January 3, 2018 through July 17, Relationship to CCSB Policies and Guidelines CCSB policy calls for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. The information of record for lighters shows that these products have a density range from 0.84 to pcf, with an overall average of 9.54 pcf. When commodities exhibit a wide range of densities, which are not accurately represented by a single class, CCSB policies state that density-based provisions may be established. When the data of record is evaluated based on the density break at 10 pcf, the average densities and classes shown in the table below emerge. Density Group (pcf) Average Density (pcf) CCSB Minimum Average Density Guideline (pcf) Class Based on CCSB Density Guidelines Less than or greater Subject 4, Page 6 of 8

59 SUBJECT 4 It would be in keeping with CCSB policy and precedent to provide classes predicated on the density break at 10 pcf for lighters not containing flammable gas or flammable liquid, or lighters containing flammable gas transported in accordance with 49 CFR (e) 6. CCSB policies also state that unusual or significant handling, stowability or liability characteristics may be contributing factors in the assignment of classes. As indicated, handling and stowing lighters containing flammable gas, other than transported in accordance with 49 CFR (e), or lighters containing flammable liquid, require extra care and attention due to the hazards involved and the applicable regulations. Additionally, the liability assumed by the carrier when transporting lighters containing flammable gas, other than transported in accordance with 49 CFR (e), or lighters containing flammable liquid is greater than that typically assumed when transporting most general freight. When establishing provisions for other hazardous materials, precedent has been to assign classes higher than those called for under the density guidelines, reflective of the respective hazards involved. To determine how much higher, the degree of hazard posed by the involved materials was considered. As indicated, according to 49 CFR 173.2a(a), which shows the highest applicable hazard class in descending order, materials in Hazard Class 2, Hazard Division 2.1 are ranked third, and materials in Hazard Class 3 are ranked eighth. In this instance, using the DOT s precedence of hazard, the degree of hazard of the involved Hazard Class 2, Hazard Division 2.1 and Hazard Class 3 lighters was compared to that of Oxidizers in Hazard Class 5, Hazard Division 5.1, as named in item 45467, Organic Peroxides in Hazard Class 5, Hazard Division 5.2, as named in item 45463, Poisonous or Toxic Materials in Hazard Class 6, Hazard Division 6.1, as named in item 45615, Corrosive Materials in Hazard Class 8, as named in item 44155, and materials in Hazard Class 4, Hazard Divisions 4.1, 4.2 and 4.3, as named in item 44515, to determine the relative degree of hazard. Based on that comparison, it would be in keeping with CCSB policies and precedent to assign class 250 to lighters containing flammable gas, other than transported in accordance with 49 CFR (e), and class 150 to lighters containing flammable liquid, reflective of the relative degree of hazard. Furthermore, in keeping with CCSB clarification policies and precedent, two new Notes would be established. The first new Note would be referenced by the new subprovision in item for lighters containing flammable gas, other than transported in accordance with 49 CFR (e), stating that the subprovision applies on materials regulated by the DOT as a Hazard Class 2, Division 2.1, Flammable Gas, as defined in 49 CFR and required to bear a notice to that effect on bills of lading and packaging. The second new Note would be referenced by the new subprovision in item for lighters containing flammable liquid stating that the subprovision applies on materials regulated by the DOT as a Hazard Class 3, Flammable Liquid, as defined in 49 CFR and required to bear a notice to that effect on bills of lading and packaging. 6 The density provisions would include reference to Item (Rule) 170, the inadvertence clause. Subject 4, Page 7 of 8

60 SUBJECT 4 Note, item would be canceled as having no further application. Based on the information of record, this proposal, as docketed, is in keeping with CCSB policies and precedent. Subject 4, Page 8 of 8

61 SUBJECT 5 Re: Cable, lightguide or lightwave, glass fiber, or Fiber Optic Cable Packaging CCSB Contact: Erin N. Topper Telephone (703) topper@nmfta.org Proponent: Del-Tec Packaging, Greer, South Carolina Present Classification Provisions Item Description Class DRAWING INSTRUMENTS, OPTICAL GOODS OR SCIENTIFIC INSTRUMENTS: subject to item Cable, lightguide or lightwave, glass fiber, or Fiber Optic Cable, with plastic or metal sheathing, with or without one or more steel support strands, with or without necessary hardware, on reels, see Note, item 57771, or in boxes, see Notes, items and 57773: Sub 1 Cut to specified length, see Note, item 57774, subject to Item 170 and having a density in pounds per cubic foot of: Sub 2 Less than Sub 3 6 but less than Sub 4 10 or greater Sub 5 Other than cut to specified length as defined in Note, item 57774, subject to Item 170 and having a density in pounds per cubic foot of: Sub 6 Less than Sub 7 6 but less than Sub 8 10 or greater NOTE Cable may be shipped on reels provided that the last layer of cable is lagged or that the cable is wrapped between flanges extending full width of wound cable in one of the following methods: 1-4. Not Involved. 5. With three-layer laminated high density polyethylene board, having a density of 160 pounds per 1,000 square feet (MSF) with a total thickness of 4.3 millimeters, produced from one single-extruded facing, one double-extruded corrugated medium and one doubleextruded facing; 6. Not Involved. All reels must be labeled with two precautionary markings indicating the proper handling procedure for such reels NOTE Not Involved NOTE Not Involved NOTE Not Involved. Subject 5, Page 1 of 3

62 SUBJECT 5 Proposed Classification Provisions Item Description Class DRAWING INSTRUMENTS, OPTICAL GOODS OR SCIENTIFIC INSTRUMENTS: subject to item Cable, lightguide or lightwave, glass fiber, or Fiber Optic Cable, with plastic or metal sheathing, with or without one or more steel support strands, with or without necessary hardware, on reels, see Note, item 57771, or in boxes, see Notes, items and 57773: Subs 1-8 No Change NOTE Cable may be shipped on reels provided that the last layer of cable is lagged or that the cable is wrapped between flanges extending full width of wound cable in one of the following methods: 1-6. No Change. 7. With singleface corrugated high density polyethylene board, having a density of 120 pounds per 1,000 square feet (MSF) with a total thickness of 4.1 millimeters. All reels must be labeled with two precautionary markings indicating the proper handling procedure for such reels NOTE No Change NOTE No Change NOTE No Change. Analysis This is a proposal from Del-Tec Packaging in Greer, SC to add another type of protective wrap to Note, item 57771, which is referenced by item for fiber optic cable, when the cable is tendered for shipment on reels. The proposed exterior wrap is a singlefaced high density polyethylene (HDPE) wrap, having a 4.1 mm profile and a density of 120 pounds per 1,000 square feet. This material is very similar to the one specified in paragraph 5 of Note, item 57771, except that one facing has been removed, leaving only a single facing and a single corrugated medium. According to the proponent, a major shipper peformed trial runs of reels of fiber optic cable covered with the proposed wrap and experienced no damage to the cable. They also dropped a 2.2 kg weight from 4 feet above a reel of cable covered by the proposed wrap. They compared the data from the proposed material and the material specified in paragraph 5 and concluded the protection to be equal, as no damage occurred to the fiber optic cable when wrapped with either material. Subject 5, Page 2 of 3

63 SUBJECT 5 Relationship to CCSB Policies and Guidelines This proposal would amend Note, item by adding another authorized method of wrapping fiber optic cable, on reels, as named in item CCSB policies state that packaging specifications are to be established to ensure that freight is adequately protected and can be handled and stowed in a manner that is reasonably safe and practicable so as to withstand the normal rigors of the LTL environment. Prospective packaging is considered to be consistent with CCSB packaging policy when its performance is demonstrated to be as good as or better than the packaging currently authorized. Based on the information provided by the proponent, the technical properties of the proposed material have been demonstrated to meet or exceed those of the currently authorized packaging methods. Therefore, this proposal, as docketed, is in keeping with CCSB policies. Subject 5, Page 3 of 3

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65 SUBJECT 6 Re: Interior Shades, Shutters or Blinds CCSB Contact: Lisa K. O Donnell Telephone (703) odonnell@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class BUILDING MATERIALS, MISCELLANEOUS, GROUP: subject to item NOTE Not Involved Doors, Partitions or Shutters, rolling, wooden, see Note, item 34282, in packages Shutters; or Foundation Ventilators (Sash and Screen combined); plastic, with or without components of other materials, in boxes, subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 1 but less than Sub 3 2 but less than Sub 4 4 but less than Sub 5 6 but less than Sub 6 8 but less than Sub 7 10 but less than Sub 8 12 but less than Sub 9 15 but less than Sub but less than Sub or greater SHADES OR BLINDS GROUP: subject to item Shades or Blinds, interior, including Venetian Blinds, Mini-Blinds or Vertical Blinds; or Wood Shutters, interior; in boxes or crates: Sub 1 Greatest dimension exceeding 192 inches Sub 2 Greatest dimension exceeding 96 inches but not exceeding 192 inches Sub 3 Greatest dimension not exceeding 96 inches Subject 6, Page 1 of 8

66 SUBJECT 6 Proposed Classification Provisions Item Description Class BUILDING MATERIALS, MISCELLANEOUS, GROUP: subject to item NOTE No Change Doors, Partitions or Exterior Shutters, rolling, wooden, etc... No Change Shutters, exterior; or Foundation Ventilators (Sash and Screen combined); plastic, with or without components of other materials, in boxes, subject to Items 170 and 171 and having a density in pounds per cubic foot of: Subs 1-11 No Change. SHADES OR BLINDS GROUP: subject to item Shades, Shutters or Blinds, interior, including Venetian Blinds, Mini-Blinds or Sub 1 Vertical Blinds, in boxes or crates: Greatest dimension exceeding 192 inches, subject to Item 170 and having a density in pounds per cubic foot of: Sub 2 Less than Sub 3 4 but less than Sub 4 8 or greater Sub 5 Greatest dimension exceeding 96 inches but not exceeding 192 inches, subject to Item 170 and having a density in pounds per cubic foot of: Sub 6 Less than Sub 7 4 but less than Sub 8 8 or greater Sub 9 Greatest dimension not exceeding 96 inches, subject to Item 170 and having a density in pounds per cubic foot of: Sub 10 Less than Sub 11 4 but less than Sub 12 8 or greater Analysis Research Project 1290 This proposal is based on the information developed through Research Project 1290, which was initiated in September 2016 to research the transportation characteristics of interior shutters. During the course of research, it was determined that the distinction between interior shutters and blinds is sometimes unclear, which could lead to interpretation problems 1. As such, the CCSB expanded Research Project 1290 to include interior shades and blinds, per item This is made evident by a description on a website specializing in window coverings that reads: shutters are commonly known as a variation of stationary blinds that come with a rod. See: (accessed August 14, 2018) Subject 6, Page 2 of 8

67 SUBJECT 6 Interior shutters are classified according to their material construction and manner in which they open and close (i.e., rolling versus louver) in items 34500, or All interior shades or blinds are classified in item History of Provisions The provisions for wooden doors, partitions or shutters, rolling, in current item 34500, were adopted from the rail classification and first appeared in LTL-1, effective April 1, 1936, at a rating equivalent to the current class 70. The provisions have remained substantially unchanged to the present. Item was established as a result of action taken on Docket 772, Subject 30 (March 1977) to provide a new item for plastic shutters at class 100. The provisions first appeared in Supplement 14 to NMF 100-D, effective October 22, As a result of action taken on Docket 805, Subject 76 (July 1980), item was amended to provide densitybased classes with the then-standard nine-subprovision density scale. The changes first appeared in Supplement 19 to NMF 100-G, effective February 28, As a result of action taken on Docket 913, Subject 8 (May 1991), plastic foundation ventilators (sash and screen combined) were added to the provisions of item This change first appeared in Supplement 2 to NMF 100-R, effective June 29, As a result of action taken on Docket , Subject 16 (May 2017), the current 11-subprovision density scale was established. The changes first appeared in Supplement 2 to NMF 100-AQ, effective August 5, The provisions have remained unchanged to the present. Provisions applying on interior shades or blinds were adopted from the rails in Since that time, numerous proposals have established and/or amended various provisions applying on shades or blinds of different type, material construction and/or assembly. As a result of action taken on Subject 1 of Docket (May 2003), the provisions of several items applying on interior shades or blinds were canceled with reference to item Concurrently, the generic heading reading Shades, With or Without Fixtures was revised to read Shades or Blinds Group, and all provisions related to shades or blinds were relocated under that generic heading. That proposal was approved as docketed, and the changes first appeared in Supplement 5 to NMF 100-AC, effective July 26, As a result of action taken on Docket , Subject 14 (June 2008), the language or Wood Shutters, interior was added to the description of item for clarification, and the provisions first appeared in Supplement 2 to NMF 100-AH, effective August 23, As a result of action taken on Docket , Subject 2 (September 2016), item was amended to adjust the greatest dimension delineations and respective classes to those currently provided in the item. The changes first appeared in Supplement 4 to NMF 100-AP, effective December 10, The provisions have remained unchanged to the present. Subject 6, Page 3 of 8

68 SUBJECT 6 About Interior Shades, Shutters or Blinds Interior shades, shutters or blinds are designed to cover windows to provide privacy and control the outdoor light entering a building 2. Product literature on these three variations of window coverings indicates that the term blinds is sometimes used to describe shades or shutters. Furthermore, interior wood shutters are named in item ; whereas faux wood interior shutters made of plastic are classified in item It is difficult to discern wood from plastic shutters as they are marketed to have the look and feel of real hardwood 3. These factors may lead to interpretation questions as to the applicable item. Photographs of the involved products are shown below. Shades Shutters Blinds Transportation Characteristics Density The information of record for interior shades, shutters or blinds includes 96,842 density observations submitted by shippers and a carrier, observed firsthand on CCSB dock surveys and obtained from the CCSB s Density Study 4. The products range in density from 0.05 to pcf, with an overall average of 7.63 pcf. When the data is evaluated based on greatest dimension, where known 5, and density breaks at 4 and 8 pcf, the density ranges and averages in the tables on the following page emerge. 2 A shade is usually made of fabric attached to a spring roller, which may be positioned up or down by pulling on the bottom or top of the shade. Blinds are made of a variety of materials, including plastic, aluminum or wood, with slats or vanes that can be opened or closed with a cord or a wand to vary the light entering the room. Shutters are typically a solid covering made of wood or plastic, often with slats that can be opened and closed to vary the light entering the room. See: (accessed August 7, 2018) 3 See (accessed November 7, 2018) 4 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. 5 Some of the data derived from the Density Study contains information on the cube and the weight of the articles, not the dimensions and weight. Subject 6, Page 4 of 8

69 SUBJECT 6 Greatest Dimension Exceeding 192 inches Exceeding 96 inches but not exceeding 192 inches Not exceeding 96 inches Density Group Density Range (pcf) (pcf) Average Density (pcf) Less than but less than or greater Less than but less than or greater Less than but less than or greater Handling Interior shades, shutters or blinds are typically tendered in fiberboard boxes. When not exceeding 96 inches in greatest dimension, most shades, shutters or blinds are shipped in boxes secured on lift truck skids or pallets. The photo to the right is a shipment of wood shutters in a fiberboard box measuring 82 x 32 x inches. Although some shipments include the precautionary markings and shipper instructions Fragile and Handle with Care, handling units not exceeding 96 inches in length generally do not pose any unusual or significant handling problems. However, shades, shutters or blinds vary greatly in size, with reported lengths up to 316 inches (26.33 feet) and an average length of inches (9.93 feet) 6. As the length/size increases, the handling into and out of the vehicle becomes considerably more difficult, and special equipment, or additional personnel, may be necessary to safely handle long handling units. Furthermore, as the length increases, cross-dock operations can be significantly affected. Often there is not enough room at carrier facilities to safely or easily handle and maneuver excessively long units. The photo to the left shows a shipment of interior blinds being moved manually from one area of a carrier dock to another by means of a hand truck with an extended platform. The longest box shown measured 168 x 5.00 x 8.25 inches and substantially overhung the carrier s handling equipment. As demonstrated, handling the longer units is more difficult than handling general boxed freight. 6 Item (Rule) 568 for Heavy or Bulky Freight Loading or Unloading employs the threshold limit of exceeding 8 feet (96 inches) in greatest dimension as the measurement at which freight becomes more difficult to load and unload when compared to general freight. Subject 6, Page 5 of 8

70 SUBJECT 6 Stowability Shades, shutters or blinds not exceeding 96 inches in length typically do not present significant negative stowability considerations, although some shipments include the shipper instructions Top Load Only or Do Not Double Stack. Excessively long handling units may be difficult to stow with other general freight, particularly as they may lack a flat loadbearing surface for top freight. The photos below demonstrate that, even if a flat load-bearing surface is available for other freight, it can be difficult for the carrier to make efficient use of remaining vehicle space due to the relatively narrow width of shades, shutters or blinds as packaged for shipment. Carrier personnel may have to take extra time and effort to ensure that a vehicle load is configured appropriately to accommodate shipments containing extralong shades, shutters or blinds. Liability The involved commodities are not perishable, unusually susceptible to theft, hazardous in nature, nor do they appear likely to damage other freight. However, as the greatest dimension of the handling unit increases, shades, shutters or blinds may be more prone to damage as they have a greater propensity to bend or be crushed at the ends in handling or in transit. A shipper reported seven claims per year 7. Carriers reported no claims information for the involved articles. The value per pound for shutters or blinds ranges from $2.67 to $17.65, with an average of $9.21 per pound 8. Relationship to CCSB Policies and Guidelines CCSB policy calls for classification provisions to be as clear as possible to help preclude interpretation disputes and also calls for combining descriptions for related commodities. As discussed in this proposal, there are interpretation issues related to shutters being referred to as blinds, and plastic faux wood shutters being confused with wood shutters. To mitigate these interpretation issues, this proposal, in keeping with CCSB policy, would revise the provisions of items and to restrict their application to exterior shutters. It would concurrently amend item to remove the material construction restriction of wood to the listing for shutters. 7 The shipper claimed to represent 5% of the market share of interior shutters. 8 No value information was received on shades. Subject 6, Page 6 of 8

71 SUBJECT 6 CCSB policies state that classifications should reflect a commodity s known transportation characteristics. The information of record for interior shades, shutters or blinds shows a density range from 0.05 to pcf, with an overall average of 7.63 pcf. Under CCSB guidelines, an average density of 7.63 pcf is generally associated with class 125, which calls for a minimum average density of 7 pcf. However, when commodities exhibit a wide range of densities, which are not accurately represented by a single class, CCSB policies state that density-based provisions may be established. Moreover, in this instance, research has identified several negative handling, stowability and liability issues that must also be considered, in accordance with CCSB policies. As the greatest dimension of the handling unit increases, shades, shutters or blinds have been found to be increasingly more difficult to handle and stow and may be more prone to damage. These factors have been detailed in this analysis. Accordingly, this proposal would establish classes predicated on greatest dimension and density breaks at 4 and 8 pcf 9. Based on the identified handling, stowing and liability concerns, which are amplified as the handling unit s greatest dimension increases, assigning classes higher than those provided by the CCSB density guidelines when the handling unit exceeds 96 inches would be consistent with CCSB policy. This proposal would establish provisions for shades, shutters or blinds with respective class adjustments for handling units exceeding 96 inches but not exceeding 192 inches, and exceeding 192 inches in greatest dimension. As described in the analysis, shades, shutters or blinds with a greatest dimension not exceeding 96 inches do not pose the same degree of unfavorable handling, stowability or liability characteristics as shades, shutters or blinds with greater dimensions. The associated average densities, guideline classes and proposed classes are depicted in the tables below. Greatest Dimension Exceeding 192 inches Exceeding 96 inches but not exceeding 192 inches Not exceeding 96 inches Density Group (pcf) Average Density (pcf) Guideline Class Class Adjustment Less than but less than or greater Less than but less than or greater Less than N/A 4 but less than N/A 8 or greater N/A 9 The density provisions would include reference to Item (Rule) 170, the inadvertence clause. Subject 6, Page 7 of 8

72 SUBJECT 6 This approach is in keeping with CCSB precedent. As a result of action taken on Docket , Subject 7 (January 2017), the provisions applying on carpets or carpeting, per item 70680, with classes based on greatest dimension and density of the handling unit, were amended. Due to the respective negative handling and stowing characteristics, class adjustments were assigned as handling units increased in greatest dimension. That proposal was approved as modified 10, and the provisions first appeared in Supplement 1 to NMF 100- AQ, effective April 15, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policies and precedent. 10 Reflective of information received after the proposal was docketed, a class 175 rather than the proposed class 250 was assigned to carpets or carpeting with greatest dimension exceeding 192 inches and having a density of less than 12 pcf. Subject 6, Page 8 of 8

73 SUBJECT 7 Re: Power Pumps, NOI Item CCSB Contact: William F. Mascaro Telephone (703) mascaro@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class MACHINERY GROUP: subject to item Pumps, power, NOI, loose or in packages; or Power Pump Parts, NOI, in packages or on skids Proposed Classification Provisions Item Description Class Sub 1 MACHINERY GROUP: subject to item Pumps, power, NOI: In boxes or crates, subject to Item 170 and having a density in pounds per cubic foot of: Sub 2 Less than Sub 3 8 but less than Sub 4 15 or greater Sub 5 In packages other than boxes or crates, subject to Item 170 and having a density in pounds per cubic foot of: Sub 6 Less than Sub 7 8 but less than Sub 8 15 or greater Analysis Research Project 1299 This proposal is based on information developed through Research Project 1299, which was initiated in December of 2016 as part of a review of NMFC items that permit commodities to be shipped loose. Currently, power pumps, as named in item , are allowed to be tendered loose. A review of the transportation characteristics of the involved pumps was also conducted in keeping with CCSB policy. History of Provisions Provisions for power pumps, as named in item , were adopted from the rails and first appeared in LTL-1, effective April 1, Subject 7, Page 1 of 5

74 SUBJECT 7 The reference to power pump parts was added to item in Supplement 3 to NMFC No. 6, effective June 10, 1942, to remain competitive with the rails. The provisions have remained substantially unchanged to the present. About Power Pumps Power pumps utilize a motor to drive the pump. The motor may be contained within the pump itself or mounted externally to the pump and sold as a single unit. Examples of power pumps are shown below. Transportation Characteristics Density The information of record includes 180,673 density observations submitted by carriers, observed firsthand on CCSB dock surveys and obtained from the CCSB s Density Study 1. The densities range from 0.62 to pcf, with an overall average of pcf. When the data is evaluated based on the proposed density breaks at 8 and 15 pcf, the ranges and averages in the table below emerge. Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than but less than or greater The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 7, Page 2 of 5

75 SUBJECT 7 Handling Power pumps may be tendered in boxes secured on lift truck skids or pallets, in crates, or strapped on lift truck skids or pallets with little or no protective packaging. Those articles shipped in boxes on lift truck skids or pallets, or in crates will not present unusual or significant handling considerations. However, when tendered on lift truck skids or pallets and not in boxes, a certain degree of additional care and attention may be required for them to be safely handled. Stowability When tendered in boxes, as shown in the photo on the right, or in crates, a flat load-bearing surface will generally be present for loading other freight on top, and there will typically be lateral support for adjacent freight, resulting in a greater ability for the carrier to readily structure a load, and enabling better utilization of available vehicle space. When tendered in packages other than boxes or crates, as shown in the photo on the left, some negative stowability considerations have been identified. Power pumps tendered in this manner will generally lack a regular load-bearing surface for top freight. Also, when loading the handling unit inside the vehicle, the lack of packaging will limit the type of freight that can be safely stowed adjacent to it. This can result in increased time and effort on the part of the carrier to properly structure the load, including the use of load decks and/or dunnage, to minimize the potential for damage. Liability Power pumps are not perishable, unusually susceptible to theft or hazardous in nature. As is the case with most general commodities, when tendered for shipment fully enclosed within a box or crate, power pumps should not be unusually susceptible to damage, nor likely to damage other freight with which transported. However, when tendered in packages other than boxes or crates, with little or no protective packaging, these products may exhibit a greater susceptibility to damage, and may have exposed edges or protrusions that can puncture or otherwise damage adjacent freight. With respect to claims, one carrier reported that they had two claims in the last two years, another reported a claims ratio of 0.24%, and a third reported a claims ratio of 2.38%. The 2.38% ratio was reported to be on shipments of power pumps banded to non-standard pallets with little to no protective packaging, as shown in the photo on the right. Relationship to CCSB Policies and Guidelines CCSB policy states that the CCSB is to establish and maintain packaging rules and specifications as necessary to ensure that freight is adequately protected and can be handled and stowed in a manner that is reasonably safe and practicable so as to withstand the normal rigors of the less-than-truckload environment. The CCSB s Packaging Consultant believes that loose shipments of power pumps fail to meet that standard. Accordingly, this proposal would establish In packages as the minimum packaging specification, and loose shipments would no longer be authorized. Subject 7, Page 3 of 5

76 SUBJECT 7 This proposal would also remove the reference to Power Pump Parts, NOI from the provisions of item Given the wide range of articles that could be considered parts for power pumps and the potentially diverse makeup of shipments of such parts, allowing the parts to move subject to the particular item that applies to the specific part would be in keeping with CCSB policy. Additionally, CCSB policy calls for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. Information of record for power pumps shows a range in density from 0.62 to pcf, with an overall average of pcf. Under CCSB guidelines, an average density of pcf is generally associated with class 70, which calls for a minimum average density of 15 pcf. However, when commodities exhibit a wide range of densities, which are not accurately represented by a single class, CCSB policies state that density-based provisions may be established. Research has identified significant negative handling, stowability and liability characteristics associated with power pumps tendered in packages other than boxes or crates that must also be considered, in accordance with CCSB policies. These have been detailed in this analysis and include such factors as the additional care and attention necessary when handling, the inability or additional care and equipment (e.g., load decks and dunnage) necessary to stack top freight or load adjacent freight, and the inherent risk of damage. However, these issues can be mitigated when the articles are shipped in boxes or crates. The table below relates the information of record to the proposed density groupings and CCSB guidelines for the proposed classes when tendered in boxes or crates, and the oneclass adjustment for when the articles are tendered in packages other than boxes or crates. Density Group (pcf) Average Density (pcf) CCSB Minimum Average Density Guideline (pcf) Class Based on CCSB Density Guidelines Class Adjustment Based on Handling, Stowability and Liability Considerations Less than but less than or greater Based on the information of record, it would be in keeping with CCSB policy and precedent to assign classes based on packaging and density in item , as proposed 2. Such an approach would provide a means for addressing both the density range, as well as the respective handling, stowability and liability characteristics. A similar approach was taken on Subject 11 of Docket (September 2015), involving stump grinders, including stump grinding attachments, as named in item Density was determined to be the primary transportation characteristic when those products were shipped in boxes or crates. When tendered in packages other than boxes or crates, the articles presented additional stowability and liability concerns. Accordingly, classes were assigned predicated on packaging and density, assigning one class higher, respectively, for articles tendered for shipment in packages other than boxes or crates. That proposal was 2 The density provisions would include reference to Item (Rule) 170, the inadvertence clause. Subject 7, Page 4 of 5

77 SUBJECT 7 approved as docketed, and the provisions first appeared in Supplement 5 to NMF 100-AO, effective December 19, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policies and precedent. Subject 7, Page 5 of 5

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79 SUBJECT 8 Re: Food or Food Supplements, liquid, flavored, other than milk food or milk substitute Item CCSB Contact: Allison L. Austin Telephone (703) austin@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class FOODSTUFFS GROUP: subject to item Food or Food Supplements, liquid, flavored, other than milk food or milk substitute, see Note, item 73186, in inner containers in boxes or in Package NOTE Applies only on flavored liquid products that provide a combination of protein and other nutrients, designed to provide complete balanced nutrition to people on liquid diets or to supplement the dietary needs of others. Proposed Classification Provisions Item Description Class FOODSTUFFS GROUP: subject to item A-NEW Beverages, Drinks or Shakes, nutritional, flavored, NOI, see Note, item B-NEW, in boxes or Package B-NEW NOTE Applies only on products that provide a combination of protein and other nutrients designed to provide or supplement an individual s dietary needs Food or Food Supplements, liquid, flavored, other than milk food or milk substitute, etc... Cancel; see item A-NEW NOTE Cancel; see item B-NEW. Analysis Research Project 1330 This proposal is based on the information developed through Research Project 1330, which was initiated in December 2017 to investigate the transportation characteristics of liquid food or liquid food supplements, as described in item Hereinafter, the involved products will be referred to as nutritional beverages, drinks or shakes. Subject 8, Page 1 of 3

80 SUBJECT 8 History of Provisions The provisions of item and the Note, item were established as a result of action taken on Docket 825, Subject 19 (July 1982) and first appeared in Supplement 14 to NMF 100-I, effective February 26, The current provisions were established as a result of action taken on Docket 964, Subject 10 (November 1996) and first appeared in Supplement 6 to NMF 100-W, effective January 18, The provisions have remained unchanged to the present. About Nutritional Beverages, Drinks or Shakes This proposal encompasses the category of ready-to-drink products represented and sold as nutritional beverages, drinks or shakes. The involved articles may be formulated to target particular nutritional deficiencies associated with health conditions, such as malnutrition, or they may be intended to supplement a person s health, performance or fitness needs or goals. They generally contain a combination of ingredients that provide protein, carbohydrates and fat in varying percentages, supplemented with vitamins and minerals. Nutritional beverages, drinks or shakes may be sold in retail stores or pharmacies, or administered by healthcare professionals in institutions. Examples of some of the involved products are shown below. Transportation Characteristics Density The information of record includes 100,387 density observations submitted by a shipper and a carrier, collected during CCSB dock surveys and obtained from the CCSB s Density Study 1. The products range in density from 1.41 to pcf, with an average density of pcf. Over 81% of the figures are 12 pcf or greater. 1 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 8, Page 2 of 3

81 SUBJECT 8 Handling and Stowability As shown in the photo on the right, nutritional beverages, drinks or shakes are typically tendered in fiberboard boxes secured on lift truck skids or pallets. As with other food, care must be taken to avoid stowing the involved commodities with hazardous materials or other freight that may pose a contamination risk. However, no significant handling or stowability issues have been reported. Liability Nutritional beverages, drinks or shakes are not generally perishable, hazardous in nature, unusually susceptible to theft, and would not appear likely to damage other freight. They may be damaged by freight with which stowed or by the elements. As with other food, the involved products may require extra care or attention to avoid contamination. One carrier reports a 2018 claims ratio of 0.99% for products moving under item A second carrier reports zero claims in the last two years. Additionally, a responding shipper reports 12 claims annually. Only two value per pound observations, $0.93 and $0.95, were reported. Relationship to CCSB Policies and Guidelines CCSB policy calls for provisions to be as clear as possible to mitigate the potential for interpretation disputes and for replacing outdated terminology in the interest of clarification and simplification. This proposal would cancel the provisions of item with reference to a new item, naming Beverages, Drinks or Shakes, nutritional, flavored, NOI. Concurrently, Note, item would be canceled with reference to a new Note attendant to the new item. CCSB policy also calls for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. Information of record for nutritional beverages, drinks or shakes shows a range in density from 1.41 to pcf, with an average density of pcf, and the preponderance of density figures concentrated around the overall average. While there are some handling, stowability and liability concerns inherent with shipping nutritional beverages, drinks or shakes, they do not appear to significantly impact the transportability of these products. As such, per CCSB policy, density is the governing characteristic in the assignment of classes. Under CCSB guidelines, an average density of pcf is generally associated with class 70, which calls for a minimum average density of 15 pcf. Accordingly, this proposal would assign class 70 to the new item. Precedent for this approach can be found in Docket , Subject 16 (February 2018), involving bird food or seed. No significant handling, stowability or liability concerns were reported and, as such, density was determined to be the primary transportation characteristic. Bird food or seed exhibited a wide range of densities from 2.98 to pcf with a significant concentration of density observations over 87% clustered around the overall average density of pcf. Based on the information of record, and in keeping with CCSB guidelines, that proposal was approved as docketed, assigning class 70, and the provisions first appeared in Supplement 1 to NMF 100-AR, effective April 28, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. Subject 8, Page 3 of 3

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83 SUBJECT 9 Re: Tools, electric, hydraulic, pneumatic, or internal combustion engine operated, NOI, hand held or hand supported Item CCSB Contact: Erin N. Topper Telephone (703) topper@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class TOOLS, OR PARTS NAMED: subject to item Tools, electric, hydraulic, pneumatic, or internal combustion engine operated, NOI, hand held or hand supported, or Parts thereof, NOI, see Note, item , in boxes, crates or drums NOTE Also applies on accessories when in same packages with tools. Proposed Classification Provisions Item Description Class TOOLS, OR PARTS NAMED: subject to item Tools, electric, hydraulic, pneumatic, or internal combustion engine operated, NOI, handheld or hand supported, see Note, item , in boxes or crates, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 10 or greater NOTE Also applies on complement of accessories in same package. Analysis Research Project 1336 This proposal is based on the information developed through Research Project 1336, which was initiated in December of 2017 to review the transportation characteristics of handheld or hand-supported electric, hydraulic, pneumatic or internal combustion engineoperated tools, as named in item Hereinafter, these products will be referred to as handheld power tools. Subject 9, Page 1 of 3

84 SUBJECT 9 History of Provisions Provisions for handheld power tools were adopted from the rails and first appeared in LTL-1, effective April 1, As a result of action taken on Docket 100, Subject 16 (September 1961), the current class 85 was established. That change first appeared in Supplement 2 to NMFC A-6, effective February 15, As a result of action taken on Docket 120, Subject 35 (September 1965), the terms hydraulic and hand-held or hand-supported were added to the description. Those changes first appeared in Supplement 13 to NMFC A-8, effective April 22, The provisions have remained substantially unchanged to the present. About Handheld Power Tools Item is the catchall item for handheld or hand-supported power tools, or parts thereof, not more specifically described in the Classification. Transportation Characteristics Density The information of record includes 45,727 density figures, observed firsthand on CCSB dock surveys and obtained from the CCSB s Density Study 1. The densities range from 0.70 to pcf, with an average density of pcf. When the data is evaluated based on the proposed density break at 10 pcf, the following ranges and averages emerge. Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than or greater Handling and Stowability Handheld power tools are typically tendered in boxes secured on lift truck skids or pallets. The handling units will generally provide a flat load-bearing surface for top freight and lateral support for adjacent freight. There have been no reports of unusual or significant handling or stowing considerations. Liability Handheld power tools are not perishable, hazardous in nature, unusually susceptible to damage and do not appear likely to damage freight with which stowed. One carrier reported that these tools are often shipped in shelf-ready boxes, and if the shelf-ready boxes get damaged a claim is filed, even if the product is unharmed 2. A second carrier reported zero claims for products moving under item in the last two years. A third carrier reported a claims ratio of 0.04% from Janurary to October of No value information was obtained. 1 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. 2 At least some of these situations are addressed by Item (Rule) 680, Sec. 15, Where Damage to the Shipping Package Will Result in a Claim. Subject 9, Page 2 of 3

85 SUBJECT 9 Relationship to CCSB Policies and Guidelines CCSB policy calls for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. Handheld power tools have a density range from 0.70 to pcf, with an overall average density of pcf, and no unusual or significant handling, stowability or, for the most part, liability characteristics. Under CCSB guidelines, an average density of pcf is generally associated with class 100, which calls for a minimum average density of 9 pcf. However, when commodities exhibit a wide range of densities, which are not accurately represented by a single class, CCSB policies state that density-based provisions may be established. The table below shows the results of an evaluation of the data of record based on the proposed density break at 10 pcf 3. Density Group (pcf) Average CCSB Minimum Average Class Based on CCSB Density (pcf) Density Guideline (pcf) Density Guidelines Less than or greater A similar approach was taken on Docket , Subject 5 (September 2017), involving paper dishes, plates or trays. Density was determined to be the primary transportation characteristic, since there were no unusual or significant handling, stowability or liability concerns reported. While the densities were distributed throughout the range of 1.63 to pcf, a single density break at 10 pcf was proposed to provide a more accurate representation of the distribution of the density observations. That proposal was approved as docketed, and the provisions first appeared in Supplement 4 to NMF 100-AQ, effective November 25, The reference to Parts thereof, NOI would be removed from item Parts would, therefore, be classified elsewhere in the NMFC based on what they are. The superfluous packaging reference to drums in item would be removed. Additionally, Note, item would be amended for clarification and simplification. Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. 3 The density provisions would include reference to Item (Rule) 170, the inadvertence clause. Subject 9, Page 3 of 3

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87 SUBJECT 10 Re: Ceiling Fans Item CCSB Contact: Larissa A. Franklin Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class ELECTRICAL EQUIPMENT GROUP: subject to item Fans, ceiling, with or without blades or complement of lighting fixtures in same or separate container, see Note, item 61872, in boxes, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 15 or greater NOTE Only applies on fans designed for permanent installation to the ceiling for air circulation purposes. Proposed Classification Provisions Item Description Class ELECTRICAL EQUIPMENT GROUP: subject to item Fans, ceiling, with or without blades or complement of lighting fixtures in same or separate package, see Note, item 61872, in boxes NOTE No Change. Analysis Research Project 1374 This proposal is based on the information developed through Research Project 1374, which was initiated in August of 2018 to review the transportation characteristics of ceiling fans, as named in item History of Provisions The provisions for ceiling fans, as embraced by item 61870, and Note, item 61872, were established as a result of action taken on Docket 812, Subject 15 (March 1981) and first appeared in Supplement 9 to NMF 100-H, effective October 10, The current description of item was established as a result of action taken on Docket , Subject 2 (February 2007), and the change first appeared in Supplement 2 to NMF 100-AG, effective April 28, The provisions have remained unchanged to the present. Subject 10, Page 1 of 3

88 SUBJECT 10 About Ceiling Fans The involved products are electrical fans permanently suspended from ceilings to circulate air within rooms. The products can be constructed from a variety of materials, such as wood, metal or plastic. Ceiling fans can vary in size depending on whether they are installed in commercial or household settings. The involved commodities may also come with or without blades and/or lighting fixtures. Examples of various types of ceiling fans are depicted below. Transportation Characteristics Density The information of record includes 12,585 density figures submitted by a carrier and a shipper, observed firsthand on CCSB dock surveys and obtained from the CCSB s Density Study 1. The products range in density from 0.30 to pcf, and have an average density of 8.68 pcf. Almost 75% of the figures are concentrated between 6 and 12 pcf, which indicates a large clustering of data around the average. Handling and Stowability The involved articles are generally shipped in boxes unitized on lift truck skids or pallets. Some ceiling fans are equipped with lighting fixtures and, as such, would require a certain degree of care and attention when handling and stowing. However, there have been no reports of unusual or significant handling or stowability issues. Liability Ceiling fans are not perishable, unusually susceptible to theft, hazardous in nature, nor do they appear likely to damage other freight. Although some ceiling fans are considered fragile because they are equipped with lighting fixtures, with proper interior and exterior packaging, there is, reportedly, minimal liability to damage. With regards to claims, one carrier reported that no claims were filed between January and November 2018, and another carrier stated, there are no claims issues with shipments of ceiling fans. A third carrier reported a claims ratio of 0.30% between January and November Limited value information indicates a range from $7.39 to $28.74 per pound, with an average value of $19.72 per pound. 1 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 10, Page 2 of 3

89 SUBJECT 10 Relationship to CCSB Policies and Guidelines CCSB policy calls for provisions to reflect a commodity s known transportation characteristics. Ceiling fans exhibit a range of densities from 0.30 to pcf, with an average density of 8.68 pcf, and a preponderance of the density figures concentrated around the overall average. Though some negative handling, stowability and liability considerations were identified, they do not appear to significantly impact the transportability of these products; therefore, density is the governing transportation characteristic in the assignment of classes. An average density of 8.68 pcf is generally associated with class 110 under CCSB guidelines, which call for a minimum average density of 8 pcf. This proposal would thus assign class 110 to item For clarification and uniformity, the description of item would be amended to permit fan blades and/or lighting fixtures to be shipped in same or separate package, in lieu of container. A similar approach was taken on Docket , Subject 9 (May 2017), involving deep fryers, as named in item No significant handling, stowability or liability concerns were reported. Thus, density was determined to be the primary transportation characteristic. Deep fryers ranged in density from 2.35 to pcf, with a significant concentration of densities over 73% clustered around the overall average density of 9.04 pcf. Based on the information of record, and in keeping with CCSB guidelines, that proposal was approved as docketed, assigning class 100, and the change first appeared in Supplement 2 to NMF 100-AQ, effective August 5, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. Subject 10, Page 3 of 3

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91 SUBJECT 11 Re: Whey, condensed or powdered Item CCSB Contact: Ashley L. Gencarelli Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class FOODSTUFFS GROUP: subject to item Whey, NOI, condensed or powdered, in bags, boxes or drums Proposed Classification Provisions Item Description Class FOODSTUFFS GROUP: subject to item Whey, NOI, condensed or powdered, see Note, item NEW, in bags, boxes or drums, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 8 but less than Sub 3 12 or greater NEW NOTE Also applies on Whey Protein Concentrates or Isolates, with or without other ingredients. Analysis Research Project 1316 This proposal is based on the information developed through Research Project 1316, which was initiated in August 2017 to review the transportation characteristics of condensed or powdered whey, as named in item Hereinafter, these products will be referred to as whey. History of Provisions The basic provisions for whey were adopted from the rails in As a result of action taken on Special Docket No. 1 (issued July 20, 1949), the current class 60 was established. The change first appeared in NMFC A-1, effective July 10, The provisions have remained substantially unchanged to the present. Subject 11, Page 1 of 4

92 SUBJECT 11 About Whey Whey is the watery part of milk that is separated from the coagulable part or curd, especially in the process of making cheese 1. Condensed or powdered whey has been processed to remove various components within liquid whey, such as fats, certain proteins, and water. Whey is high in protein as well as other vitamins and minerals. It is often used as a texturizer or binding ingredient in food and is popular as a protein supplement. Pictures of condensed or powdered whey are shown below. Transportation Characteristics Density Overall, the information of record for whey includes 3,258 density observations collected during CCSB dock surveys and obtained from the CCSB s Density Study 2. The products range in density from 1.97 to pcf, with an overall average density of pcf. When the data is evaluated on the basis of the proposed density breaks at 8 and 12 pcf, as shown in the table on the next page, the resultant ranges and averages emerge. 1 See (accessed November 14, 2018) 2 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 11, Page 2 of 4

93 SUBJECT 11 Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than but less than or greater Handling and Stowability The involved products are generally tendered in bags or boxes secured on lift truck skids or pallets. As with other food, care must be taken to avoid stowing whey with hazardous materials or other freight that may pose a contamination risk. However, there have been no reports of any unusual or significant handling or stowability problems. Liability Whey is not unusually susceptible to theft or hazardous in nature, and there is no evidence that it is perishable in ordinary less-than-truckload service. While it is not likely to damage other freight, it may be damaged by freight with which stowed or by the elements. As with other food, these products may require extra care to avoid contamination. However, there is no indication of a claims problem, and no value information was obtained. Relationship to CCSB Policies and Guidelines CCSB policy calls for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. The information of record for whey shows that the products have a density range from 1.97 to pcf, with an overall average of pcf. Some handling, stowability and liability concerns have been identified, but they do not appear to significantly impact the transportability of these products. When commodities exhibit a wide range of densities, which are not accurately represented by a single class, CCSB policies state that density-based provisions may be established. When the data of record is evaluated based on the proposed density breaks at 8 and 12 pcf, the average densities and classes shown in the table below emerge. Density Group (pcf) Average Density (pcf) CCSB Minimum Average Density Guideline (pcf) Class Based on CCSB Density Guidelines Less than but less than or greater It would be in keeping with CCSB policy and precedent to establish classes predicated on density breaks at 8 and 12 pcf for whey 3. Concurrently, a new Note would be established to clarify that item also applies on whey protein concentrates or isolates, with or without other ingredients. 3 The density provisions would include reference to Item (Rule) 170, the inadvertence clause. Subject 11, Page 3 of 4

94 SUBJECT 11 Precedent for this approach can be found in Docket , Subject 6 (May 2017), involving dietary supplements and vitamins, as named in item Density was determined to be the primary transportation characteristic since there were no significant handling, stowability or liability problems reported. Two density breaks at 8 and 12 pcf were proposed to provide a more accurate representation of the identified density range of 0.55 to pcf. That proposal was approved as docketed, and the provisions first appeared in Supplement 2 to NMF 100-AQ, effective August 5, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. Subject 11, Page 4 of 4

95 SUBJECT 12 Re: Item (Rule) 265 Definition of or Specifications for Lift Truck Skids, Pallets or Platforms CCSB Contact: Erin N. Topper Telephone (703) Proponent: Classification Resource Committee Proposed Classification Provisions It is proposed to amend Item (Rule) 265, Definition of or Specifications for Lift Truck Skids, Pallets or Platforms, to read as follows: ITEM 265 DEFINITION OF OR SPECIFICATIONS FOR LIFT TRUCK SKIDS, PALLETS OR PLATFORMS Sec. 1. Definition No Change. Sec. 2. Requirements Lift truck skids, pallets or platforms must be of sufficient design, size and strength to support a double-tiered load of equal weight and distribution, and to prevent underside damage to article(s) caused by forklift handling equipment. Two or more lift truck skids, pallets or platforms must not be attached, assembled or used in combination to create one larger platform. See also Item 680, Sec. 7(b). Analysis This proposal was docketed by the Classification Resource Committee (CRC) based on a recommendation from the CRC s Packaging Subcommittee. It would amend Item (Rule) 265 to prohibit the use of two or more lift truck skids, pallets or platforms from being attached, assembled or used in combination to create a larger platform. As shown in the photos below and on the following page, freight has been observed tendered on more than one lift truck skid or pallet. Due to their excessive length, these products are difficult to handle, and load into and pull out of carrier vehicles, as they generally must be pushed and pulled from the ends. When multiple lift truck skids or pallets are used, the freight may not be adequately supported or protected, and unitization may become compromised, which leaves the freight susceptible to damage. Subject 12, Page 1 of 2

96 SUBJECT 12 Relationship to CCSB Policies and Guidelines CCSB policies state that the CCSB is to establish and maintain packaging rules and specifications as necessary to ensure that freight is adequately protected and can be handled and stowed in a manner that is reasonably safe and practicable so as to withstand the normal rigors of the less-than-truckload environment. Therefore, it would be in keeping with CCSB policy to amend Item (Rule) 265, Sec. 2 by prohibiting the use of two or more lift truck skids, pallets or platforms in lieu of a single, appropriately sized platform. Based on the information of record, this proposal, as docketed, is in keeping with CCSB policies. Subject 12, Page 2 of 2

97 SUBJECT 13 Re: Mantels Item CCSB Contact: Kyle R. Smith Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class BUILDING MATERIALS, MISCELLANEOUS, GROUP: subject to item Mantels, in boxes or crates: Sub 1 Wooden: Sub 2 SU Sub 3 KD Sub 4 Cast stone, NOI: Sub 5 SU Sub 6 KD Sub 7 Magnesite composition Proposed Classification Provisions Item Description Class BUILDING MATERIALS, MISCELLANEOUS, GROUP: subject to item Mantels, in boxes or crates, see Notes, items A-NEW and B-NEW A-NEW NOTE Articles must be protected by packing forms or other packaging materials necessary to afford adequate protection against damage. B-NEW NOTE Articles tendered for shipment on lift truck skids, pallets or platforms must be securely fastened to and must not overhang the edges of the lift truck skid, pallet or platform deck. Analysis Research Project 1324 Research Project 1324 was initiated in November 2017 in response to a report of a claims issue with mantels, moving under item History of Provisions Provisions for mantels were adopted from the rails and first appeared in LTL-1, effective April 1, The current classes were established as a result of action taken on Special Docket No. 1 (issued July 20, 1949), and first appeared in NMFC A-1, effective July 10, The provisions have remained substantially unchanged to the present. Subject 13, Page 1 of 4

98 SUBJECT 13 About Mantels A mantel is the decorative shelf and/or surrounding finish around a fireplace. Mantels can also function as a lintel for masonry above a fireplace. Transportation Characteristics Density The information of record includes 4,824 density observations submitted by carriers and shippers, observed firsthand on CCSB dock surveys and obtained from the CCSB s Density Study 1. The densities range from 1.01 to pcf, with an average of 5.43 pcf. Over 81% of the density observations are between 2 and 8 pcf. Handling Mantels are generally tendered in boxes secured on lift truck skids or pallets, or in crates. However, regardless of material construction, mantels are inherently susceptible to damage and, therefore, should be handled with care. Mantels tendered on lift truck skids or pallets frequently overhang the lift truck skid or pallet deck, exposing the articles to damage, while mantels shipped on edge may be top-heavy. In both cases, carriers would be required to take extra care during handling. Shipments of mantels have been observed or reported to have precautionary markings or shipper instructions, such as directional arrows, This Side Up and Fragile. Such markings or instructions are indicative of the need for the carrier to handle these products in a manner that goes above and beyond the requirements for most general freight. 1 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 13, Page 2 of 4

99 SUBJECT 13 Stowability The stowability of mantels will vary depending on the manner in which tendered for shipment and the configuration of the handling unit. Shipments of mantels tendered in boxes lying flat on lift truck skids or pallets, or in crates, may appear to provide a flat loadbearing surface, but given the fragile nature of the product, only compatible freight should be stacked on top. In fact, some handling units are marked Do Not Stack. Furthermore, mantels tendered on edge, such as in the photo on the right, do not provide a flat load-bearing surface for top freight, nor do they provide lateral support for adjacent freight. These articles may be difficult to stow with other general freight and will typically require floor loading. This complicates the carrier s ability to structure the load and maximize vehicle utilization. Liability Mantels are not perishable, unusually susceptible to theft, hazardous in nature, or prone to damage other freight. However, due to the nature of the commodity, mantels are susceptible to damage, particularly when not adequately protected by packaging materials. In some instances, the products may overhang the lift truck skid or pallet, which leaves portions of the commodity exposed to damage. Precautionary markings have identified this freight as having a High Claim Value, and one carrier has reported claims ratios of 2.59% in 2016, 4.58% in 2017 and 5.73% in One shipper reported four claims per year. Two values of $5.94 and $6.36 per pound were reported. Subject 13, Page 3 of 4

100 SUBJECT 13 Relationship to CCSB Policies and Guidelines CCSB policy calls for classification provisions to reflect a commodity s known transportation characteristics. The information of record indicates that mantels range in density from 1.01 to pcf, with an average density of 5.43 pcf, and a preponderance of the density figures concentrated around the overall average. Under CCSB guidelines, an average density of 5.43 pcf is generally associated with class 175, which calls for a minimum average density of 5 pcf. However, in this instance, research has identified significant negative handling, stowability and liability characteristics, and these characteristics must also be considered, in accordance with CCSB policies. These factors have been detailed in this analysis and include, but are not limited to, the need for additional care and attention to safely handle the freight, the difficulty or inability to stack top freight and difficulty loading adjacent freight, and the inherent risk of damage. In such situations, classification precedent has been to assign a class higher than that called for under CCSB density guidelines. This proposal would assign mantels class 200, a one-class increase from the product s average density, to account for the added handling, stowability and liability considerations. Two new Notes are proposed to provide additional packaging requirements. The first Note would require the articles to be protected by packing forms or other packaging materials necessary to prevent damage. The second Note would require those articles tendered on lift truck skids, pallets or platforms to be securely fastened to and not overhang the edges of the lift truck skid, pallet or platform deck. A similar approach was taken on Docket , Subject 6 (September 2011) involving soft contact lenses. Action on that proposal was deferred twice, until Docket (May 2012), when soft contact lenses were assigned a class higher than that associated with the CCSB density guidelines to account for the added handling, stowability and liability considerations. That proposal was approved as modified, and the provisions first appeared in Supplement 2 to NMF 100-AL, effective July 21, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policies and precedent. Subject 13, Page 4 of 4

101 SUBJECT 14 Re: Electric Meters, or Parts thereof Items and CCSB Contact: Larissa A. Franklin Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class METERS, OR PARTS NAMED: subject to item Electric, or Parts thereof, NOI, see Note, item , in boxes, drums or Package 513: Sub 1 Other than watt-hour Sub 2 Watt-hour NOTE Applies only when meters are not equipped with a permanent record recording device Electric, watt-hour, used, suitable only for salvage or reconditioning, actual value not exceeding $1.50 each, see Note, item , in packages NOTE Shipper must certify on shipping orders and bills of lading at time of shipment that the actual value of each meter does not exceed $1.50. If the shipper fails to so certify the actual value, item , sub 2, naming Meters, electric, watt-hour, will apply. Package 513 Not less than three nor more than four watthour meters may be shipped in nonreusable containers (NRC) of expanded polystyrene plastic. The box shall be made of expanded beads or granules of polystyrene compressed or formed into a solid material having a minimum density ranging from 1 1 /4 to 1 1 /2 pounds per cubic foot. They shall be so molded as to provide form-fitting cavities for the meters with not less than 3 /4 inch thick walls between meters and outside of box, and 5 /8 inch thick walls between meters and between top of meters and top of box. Box must be strapped with pressure-sensitive tape not less than 3 /8 inch wide with a tensile strength of not less than 50 pounds. Gross weight of box not to exceed 25 pounds. Proposed Classification Provisions Item Description Class METERS, OR PARTS NAMED: subject to item Electric, or Parts thereof, NOI, see Note, item , etc... Cancel; see item NEW NOTE Cancel; no further application. NEW Electric, in boxes Subject 14, Page 1 of 5

102 SUBJECT 14 Proposed Classification Provisions Concluded Item Description Class METERS, OR PARTS NAMED: subject to item Electric, watt-hour, used, suitable only for salvage or reconditioning, actual value not exceeding $1.50 each, see Note, item , etc... Cancel; see item NEW NOTE Cancel; no further application. Cancel; no further application. Analysis Package 513 Research Project 1331 This proposal is based on the information developed through Research Project 1331, which was initiated in December of 2017 to review the transportation characteristics of electric meters or parts thereof, as currently described in items and History of Provisions The basic provisions of item were adopted from the rails in The provisions for electric meter parts were added to the existing item for electric meters as a result of action taken on Docket 73, Subject 4 (March-April 1956), and this change first appeared in Supplement 5 to NMFC A-3, effective October 5, The subprovisions of item and Note, item were established as a result of action taken on Docket 84, Subject 107 (June 1958). These changes first appeared in Supplement 21 to NMFC A-4, effective June 2, Wording changes were made for clarification, simplification and uniformity as a result of action taken on Docket 953, Subject 5 (May 1995) and first appeared in Supplement 2 to NMF 100-V, effective July 22, The provisions have remained substantially unchanged to the present. The provisions of item and Note, item were established as a result of action taken on Docket 82, Subject 15 (January-February 1958) and first appeared in Supplement 3 to NMFC A-4, effective June 5, The current language of Note, item was established as a result of action taken on Docket 907, Subject 2 (November 1990), and this change first appeared in Supplement 6 to NMF 100-Q, effective January 14, The provisions have remained substantially unchanged to the present. Subject 14, Page 2 of 5

103 SUBJECT 14 About Electric Meters Electric meters measure the amount of electricity consumed within a building. Electric utility companies then use the meter readings for billing purposes. Electric meters are most commonly calibrated in kilowatt hours, but can also measure electricity in other units, such as volt-amperes. Examples of the involved articles are shown below. Transportation Characteristics Density Overall, the information of record includes 11,127 density observations, which were submitted by a carrier and a shipper, observed firsthand on a CCSB dock survey and obtained from the CCSB s Density Study 1. The products range in density from 2.00 to pcf, with an average density of 8.82 pcf. Nearly 73% of the figures fall between 6 and 12 pcf, indicating a large clustering of data around the average. Handling and Stowability The involved commodities are usually tendered in fiberboard boxes secured on lift truck skids or pallets, as shown in the photo on the right. Some electric meters are equipped with glass covers, and consequentially, shipments can be marked as Fragile. However, there have been no reports of any unusual or significant handling or stowability problems. 1 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 14, Page 3 of 5

104 SUBJECT 14 Liability The involved products are not perishable, unusually susceptible to theft, nor do they appear likely to damage other freight. Although handling units have been observed with precautionary markings or shipper instructions indicating they are fragile, these products do not appear to be unusually liable to damage. Some electric meters contain lithium ion or lithium metal batteries, but there is no indication that the batteries significantly impact the transportability of these meters 2. One carrier reported no claims for items and between January and November 2018, and another carrier reported that it has had no claims filed over the last two years for the involved commodities. One value of $12.91 per pound was obtained. Relationship to CCSB Policies and Guidelines CCSB policy calls for combining descriptions embracing related commodities in the interest of clarification and simplification. Given that the involved meters, whether new or used, are comparable in nature, it would be within CCSB policy to cancel items and and establish a new item, naming electric meters. Additionally, the reference to Parts thereof, NOI would be eliminated from the new item. Parts would, therefore, be classified elsewhere in the NMFC based on what they are. CCSB policy also dictates that provisions should reflect a commodity s known transportation characteristics. The information of record for electric meters shows that these products have a density range from 2.00 to pcf, with an average density of 8.82 pcf, and the preponderance of density figures clustered within a narrow range around the overall average. Though some negative handling, stowability or liability characteristics were identified, they do not appear to significantly impact the transportability of these products; thus, density is the governing characteristic in the assignment of classes. Under CCSB guidelines, an average density of 8.82 pcf is generally associated with class 110, which calls for a minimum average density of 8 pcf. Accordingly, this proposal would assign class 110 to the new item. Notes, items and would be canceled with no further application. Moreover, it is CCSB policy to maintain packaging specifications as necessary to ensure that freight is adequately protected and can be handled and stowed in a manner that is reasonably safe and practicable so as to withstand the normal rigors of the less-than-truckload environment. So as to provide adequate protection for the involved products, it is in the judgment of the CCSB s Packaging Consultant that the provisions should specify packaging in boxes. There is no evidence of record indicating that electric meters are tendered for shipment in drums or in Package 513; thus, it would be within CCSB packaging policy to cancel Package 513 and no longer reference drums or Package 513 in the new item. 2 The Hazardous Materials Table, 49 CFR , lists Lithium ion batteries contained in equipment and Lithium metal batteries contained in equipment as a Hazard Class 9, Miscellaneous Hazardous Material the lowest degree of hazard compared with all other Hazard Class categories. Moreover, lithium ion or lithium metal batteries contained in electric meters are excepted from virtually all other regulations set forth in 49 CFR Part 172, including shipping paper, marking, labeling, placarding, emergency response information and training requirements, provided they meet the specifications of 49 CFR (c), Exceptions for smaller cells or batteries. As such, the transportability of electric meters containing lithium ion or lithium metal batteries is comparable to that of other electric meters. Subject 14, Page 4 of 5

105 SUBJECT 14 A similar approach was taken on Docket , Subject 9 (May 2017), involving deep fryers, as named in item No significant handling, stowability or liability concerns were reported. Thus, density was determined to be the primary transportation characteristic. Deep fryers ranged in density from 2.35 to pcf, with a significant concentration of densities over 73% clustered around the overall average density of 9.04 pcf. Based on the information of record, and in keeping with CCSB guidelines, that proposal was approved as docketed, assigning class 100, and the change first appeared in Supplement 2 to NMF 100-AQ, effective August 5, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. Subject 14, Page 5 of 5

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107 SUBJECT 15 Re: Air Coolers, water evaporative type, with blowers or fans Item CCSB Contact: Keith L. Charles, Jr. Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class MACHINERY GROUP: subject to item Air Conditioners, Air Coolers or Air Handling Equipment, viz.: Air Conditioners or Air Coolers, NOI, with or without compressors or heating apparatus; Air Handlers, with or without heating apparatus; Heat Pumps, air heating or cooling; Refrigeration Condensers, NOI; Refrigeration Evaporators (Cooling Coils or Cooling Units), NOI; Sub 1 In boxes, crates or Packages 2475 or 2476, see Note, item , subject to Item 170 and having a density in pounds per cubic foot of: Sub 2 Less than Sub 3 6 but less than Sub 4 10 or greater Sub 5 In packages other than boxes, crates or Packages 2475 or 2476, see Notes, items and , subject to Item 170 and having a density in pounds per cubic foot of: Sub 6 Less than Sub 7 6 but less than Sub 8 10 or greater NOTE Accompanying parts for installation may be in boxes NOTE Exposed coils or other components or parts liable to damage must be protected by wood, corrugated fiberboard, expanded plastic or similar material Air Coolers, water evaporative type, with blowers or fans, with or without heating action, in boxes or crates: Sub 1 Portable, without stands, see Note, item Sub 2 NOI NOTE Applies only on coolers of the hand portable type, without wheels or casters, net weight not in excess of 50 pounds each. Subject 15, Page 1 of 5

108 SUBJECT 15 Proposed Classification Provisions Item Description Class MACHINERY GROUP: subject to item Air Conditioners, Air Coolers or Air Handling Equipment, viz.: Air Conditioners or Air Coolers, NOI, with or without compressors or heating apparatus; Air Coolers, water evaporative type, with blowers or fans, with or without heating action; Air Handlers, with or without heating apparatus; Heat Pumps, air heating or cooling; Refrigeration Condensers, NOI; Refrigeration Evaporators (Cooling Coils or Cooling Units), NOI; Sub 1 In boxes, crates or Packages 2475 or 2476, see Note, item , subject to Item 170 and having a density in pounds per cubic foot of: Sub 2 Less than Sub 3 6 but less than Sub 4 10 or greater Sub 5 In packages other than boxes, crates or Packages 2475 or 2476, see Notes, items and , subject to Item 170 and having a density in pounds per cubic foot of: Sub 6 Less than Sub 7 6 but less than Sub 8 10 or greater NOTE No Change NOTE No Change Air Coolers, water evaporative type, with blowers or fans, with or without heating action, etc... Cancel; see item NOTE Cancel; no further application. Analysis Research Project 1370 This proposal is based on the information developed through Research Project 1370, which was initiated in May 2018 to investigate the transportation characteristics of water evaporative-type air coolers, as named in item In addition, there have been interpretive questions concerning the application of the item. History of Provisions Provisions for water evaporative-type air coolers were established as a result of action taken on Docket 64, Subject 58 (June-July 1954) and first appeared in Supplement 7 to NMFC A-2, effective February 1, Subject 15, Page 2 of 5

109 SUBJECT 15 The subprovisions of item and Note, item were established as a result of action taken on Docket 87, Subject 48 (January 1959) and first appeared in Supplement 23 to NMFC A-4, effective July 2, Other than minor descriptive changes, the provisions have remained substantially unchanged to the present. About Water Evaporative-Type Air Coolers A water evaporative-type air cooler, also referred to as a swamp cooler, uses a process in which outside air is pulled into the unit by a fan, and passed over water-saturated pads. This process helps evaporate the liquid into a gas that blows out cooler air than that which initially entered the air cooler unit 1. Unlike central air conditioners, water evaporative-type air coolers do not use refrigerants, nor do they recirculate the same air, but instead provide fresh air into a desired space. These products maintain optimal performance in low-humidity areas, and can provide a more natural energy-efficient means of cooling. Examples of these products are shown below. Transportation Characteristics Density The information of record for water evaporative-type air coolers includes 3,335 density observations obtained from the CCSB s Density Study 2. The densities range from 0.41 to pcf, with an overall average of 6.65 pcf. When the data is evaluated based on the proposed density breaks at 6 and 10 pcf, per item , the ranges and averages shown in the table on the following page emerge 3. 1 See (accessed November 2018) 2 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. 3 The density ranges and averages of water evaporative-type air coolers are very similar to those found in Docket , Subject 1 (May 2014) for air conditioners, air coolers or air handling equipment moving under item Subject 15, Page 3 of 5

110 SUBJECT 15 Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than but less than or greater Handling While item calls for water evaporative-type air coolers to be shipped in boxes or crates, information of record indicates they may be shipped secured on lift truck skids or pallets, not boxed. When packaged fully enclosed in boxes secured on lift truck skids or pallets, or in crates, handling will be comparable to that of other like-packaged freight. However, when tendered in packages other than boxes or crates, extra care and attention will be required for them to be safely handled. Stowability Water evaporative-type air coolers packaged in boxes secured on lift truck skids or pallets, or in crates, generally do not pose unusual or significant stowing considerations. However, when tendered in packages other than boxes or crates, water evaporative-type air coolers may lack a flat load-bearing surface for the loading of top freight, and they may not provide lateral support for freight loaded adjacent to them in the vehicle. They may also have exposed surfaces or edges that can limit the type of freight that may be safely stowed around them. These factors can result in increased time and effort on the part of the carrier to properly structure the load, including the use of load decks and/or dunnage, to minimize the potential for damage and efficiently use the available vehicle space. Liability The involved products are not perishable, unusually susceptible to theft, hazardous in nature, nor do they appear likely to damage other freight. As is the case with most general commodities, when tendered for shipment fully enclosed within a box or crate, water evaporative-type air coolers should not be unusually susceptible to damage. However, when tendered in packages other than boxes or crates, with little or no protective packaging, these products are more vulnerable to damage. There is no indication of a claims problem, and no value information was obtained. Relationship to CCSB Policies and Guidelines CCSB policies call for combining descriptions embracing related commodities. The water evaporative-type air coolers, as currently named in item , serve a similar function to other air coolers named in item Therefore, it would be in keeping with CCSB policies to cancel item with reference to item and concurrently amend the viz. listing in item to name water evaporative-type air coolers for clarification. Additionally, CCSB policies also call for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. Information of record for water evaporative-type air coolers shows these products have a density range from 0.41 to pcf, with an average density of 6.65 pcf. Under CCSB guidelines, an average density of 6.65 pcf is generally associated with class 150, which calls for a minimum average density of 6 pcf. However, when commodities exhibit a wide range of densities, which are not accurately represented by a single class, CCSB policies state that density-based provisions may be established. However, in this instance, research has identified significant negative handling, stowability and liability characteristics, particularly when the articles are not packaged in boxes or crates, and these characteristics must also be considered, in accordance with CCSB Subject 15, Page 4 of 5

111 SUBJECT 15 policies. These have been detailed in this analysis and include such factors as the need for additional care and attention in handling, the inability or additional care and equipment necessary to stack top freight or load adjacent freight, and the inherent risk of damage. These issues can be mitigated when the articles are shipped in boxes or crates. The table below relates the information of record to classes based on CCSB guidelines for when the articles are tendered in boxes or crates, and the class adjustment for when the articles are tendered in packages other than boxes or crates. The classes are identical to those provided in item Density Group (pcf) Average Density (pcf) CCSB Minimum Average Density Guideline (pcf) Class Based on CCSB Guidelines Class Adjustment Based on Handling, Stowing and Liability Considerations Less than but less than or greater In view of the information of record, it would be in keeping with CCSB policy and precedent to cancel item with reference to item , as proposed 5. Such an approach would provide a means for combining related commodities having comparable transportation characteristics. This would also address interpretation questions concerning application of the provisions. Additionally, Note, item would be canceled as having no further application. Based on the information of record, this proposal, as docketed, is in keeping with CCSB policies and precedent. 4 The average density of 3.95 pcf in the less than 6 pcf density group approaches the minimum average density of 4 pcf for class 200. Classification precedent can be found on Docket , Subject 8 (January 2014) for dressing or stuffing, bread crumbs, bread cubes or croutons, or cracker or matzo meal. Item was canceled with reference to item 72810, which was amended to provide classes predicated on density, with a single break at 10 pcf. While the average density of the less than 10 pcf group was 5.99 pcf, which would generally call for a class 175 under the density guidelines, a class 150 was proposed and approved as the average density approached the 6 pcf minimum average density for class 150. That proposal was approved as docketed, and the provisions first appeared in Supplement 1 to NMF 100-AN, effective April 19, Both sets of classes in item include reference to Item (Rule) 170, the inadvertence clause. Subject 15, Page 5 of 5

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113 SUBJECT 16 Re: Mirrors, cosmetic, with electric lights, portable Item CCSB Contact: Ashley L. Gencarelli Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class Mirrors, cosmetic, with electric lights, portable, in boxes Proposed Classification Provisions Item Description Class Mirrors, cosmetic, with electric lights, portable, in boxes, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 6 or greater Analysis Research Project 1328 This proposal is based on the information developed through Research Project 1328, which was initiated in November 2017 to review the transportation characteristics of portable cosmetic mirrors with electric lights, as described in item History of Provisions Provisions for portable cosmetic mirrors with electric lights were established as a result of action taken on Docket 743, Subject 56 (May 1974). The proposal was approved as modified, and the provisions first appeared in Supplement 1 to NMF 100-B, effective April 1, 1975, at the current class The provisions have remained substantially unchanged to the present. About Portable Cosmetic Mirrors with Electric Lights The involved products are lighted reflective surfaces designed to view as you apply beauty products to your face. Typically, they are mounted on a stand or are installed in a compact case, allowing them to be moved at any time. Some cosmetic mirrors have two sides: a standard proportionate mirror and a concave mirror that magnifies the reflection for precision viewing. Pictures of portable cosmetic mirrors with electric lights are on the following page. Subject 16, Page 1 of 3

114 SUBJECT 16 Transportation Characteristics Density Overall, the information of record on the involved products includes 572 density observations submitted by a carrier and obtained from the CCSB s Density Study 1. The products range in density from 1.11 to pcf, with an overall average density of 6.62 pcf. When the data is evaluated on the basis of the proposed density break at 6 pcf, as shown in the table below, the resultant ranges and averages emerge. Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than or greater Handling and Stowability The involved products are generally tendered in boxes secured on lift truck skids or pallets. There have been no reports of any unusual or significant handling or stowability problems. Liability The involved commodities are not perishable, unusually susceptible to theft, hazardous in nature, nor do they appear likely to damage other freight. While the products may be made of or with glass, there is no evidence of record that they are unusually liable to damage. There have been no reports of claims, and no value information was obtained. 1 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 16, Page 2 of 3

115 SUBJECT 16 Relationship to CCSB Policies and Guidelines CCSB policy calls for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. The information of record for portable cosmetic mirrors with electric lights shows that these products have a density range from 1.11 to pcf, with an overall average of 6.62 pcf, and no unusual or significant handling, stowability or liability characteristics. When commodities exhibit a wide range of densities, which are not accurately represented by a single class, CCSB policies state that density-based provisions may be established. When the data of record is evaluated based on the proposed density break at 6 pcf, the average densities and classes shown in the table below emerge. Density Group (pcf) Average Density (pcf) CCSB Minimum Average Density Guideline (pcf) Class Based on CCSB Density Guidelines Less than or greater It would be in keeping with CCSB policy and precedent to establish classes predicated on a density break at 6 pcf for the involved products 2. Precedent for this approach can be found in Docket , Subject 5 (June 2018), involving hosiery, including pantyhose, socks or stockings. No significant handling, stowability or liability concerns were reported and, as such, density was determined to be the primary transportation characteristic. While the densities were distributed throughout the range of 0.50 to pcf, a single density break at 6 pcf was proposed to provide a more accurate representation of the identified range in density. That proposal was approved as docketed, and the provisions first appeared in Supplement 2 to NMF 100-AR, effective August 25, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. 2 The density provisions would include reference to Item (Rule) 170, the inadvertence clause. Subject 16, Page 3 of 3

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117 SUBJECT 17 Re: Item (Rule) 245 Definition of or Specifications for Crates CCSB Contact: Erin N. Topper Telephone (703) Proponent: Commodity Classification Standards Board Proposed Classification Provisions It is proposed to amend Item (Rule) 245, Definition of or Specifications for Crates, to read as follows: ITEM 245 DEFINITION OF OR SPECIFICATIONS FOR CRATES Crates are containers constructed of wood or metal slats or structural members with apertures between, securely nailed, bolted, screwed, riveted, welded, glued, dovetailed, or wired and stapled together, having sufficient strength to hold contents so as to withstand the normal rigors of the less-than-truckload environment. Crates must be constructed with slats or members sufficiently close to one another to adequately protect contents on the sides, ends, tops and bottoms, and in such manner that the crate containing its contents may be taken into or out of the vehicle. Contents must be securely held within crates and no part shall protrude, unless otherwise provided in individual items. Surfaces liable to be damaged must be fully covered and protected. All moveable contents within the crate must be blocked and/or braced to prevent any shifting during transportation. Commodities with legs must be suspended away from all edges of the crate by at least one inch. If the weight of the commodity exceeds 500 pounds, a standard crate must be used instead of a wirebound crate. Wooden crates, other than wirebound crates, must be constructed as follows: (1)-(2) No Change. (3) Crates must be constructed with three-way locking corners, where members will be joined with nails or other fasteners driven into side grain of joining members. Examples are shown below: [Remainder of Item No Change] Subject 17, Page 1 of 3

118 SUBJECT 17 Analysis Item (Rule) 245 provides the general definition of and specifications for crates; however, there is no requirement for how far apart the members, slats or structural panels should be. The reason for the lack of specificity is that with certain types of freight the spacing may need to be only a few inches to protect the freight, while other articles may not require as much protection. Therefore, it is incumbent on the shipper to design the crate with apertures as necessary to provide adequate protection to their freight. Examples of different types of crate construction observed in less-than-truckload service are shown below 1. Note, item 86522, which is referenced by the Glass generic heading and, therefore, applicable to all items subordinate to it, states, in part: crates must be constructed of sound lumber with slat members sufficiently close to adequately protect contents... Similar language is proposed here for Item 245. Paragraph 3 in Item 245, under the wooden crate requirements, currently specifies that crate members be joined together with nails or staples, whereas with today s crates other types of fasteners may be used. Additionally, the first sentence of the rule may be confusing as to understanding the construction of a crate. Further, the rule does not expressly state that crates must be of sufficient strength to withstand the normal rigors of the less-than-truckload environment. 1 It should be noted that none of these crates fully comply with the requirements set forth in Item 245. Subject 17, Page 2 of 3

119 SUBJECT 17 Relationship to CCSB Policies and Guidelines CCSB packaging policies state that packaging rules and specifications are to be established and maintained as necessary to ensure that freight is adequately protected and can be handled and stowed in a manner that is reasonably safe and practicable so as to withstand the normal rigors of the less-than-truckload environment. Furthermore, CCSB policies state that the rules published in the NMFC are to be clear as to intent and otherwise up-todate. Amending Item 245, as proposed, would be in keeping with CCSB policies. Subject 17, Page 3 of 3

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121 SUBJECT 18 Re: Dinnerware, melamine resin Item CCSB Contact: Kyle R. Smith Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class PLASTIC OR RUBBER ARTICLES, OTHER THAN EXPANDED, GROUP: subject to item Articles, viz.: Articles, NOI; Cups or Tumblers, NOI; [Other Articles Listed Not Involved.] In boxes, crates, drums or Packages 870, 1078, 1241, 1273, 1456, 2195, 2212, 2213, 2230 or 2459, see Note, item , subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 1 but less than Sub 3 2 but less than Sub 4 4 but less than Sub 5 6 but less than Sub 6 8 but less than Sub 7 10 but less than Sub 8 12 but less than Sub 9 15 but less than Sub but less than Sub or greater NOTE Not Involved NOTE Not Involved NOTE Not Involved Dinnerware, consisting of bowls, cups with handles, dishes or plates, without covers or with nested covers, in same or separate containers, made of melamine resin, see Note, item , in boxes NOTE Applies only on dinnerware made of melamine resin combined with not less than 15 percent by weight of alpha cellulose filler. Subject 18, Page 1 of 4

122 SUBJECT 18 Proposed Classification Provisions Item Description Class PLASTIC OR RUBBER ARTICLES, OTHER THAN EXPANDED, GROUP: subject to item Articles, viz.: Articles, NOI; Cups or Tumblers, NOI; Dinnerware or Tableware, NOI; [Other Articles Listed No Change.] In boxes, crates, drums or Packages 870, 1078, 1241, 1273, 1456, 2195, 2212, 2213, 2230 or 2459, see Note, item , subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 1 but less than Sub 3 2 but less than Sub 4 4 but less than Sub 5 6 but less than Sub 6 8 but less than Sub 7 10 but less than Sub 8 12 but less than Sub 9 15 but less than Sub but less than Sub or greater NOTE No Change NOTE No Change NOTE No Change Dinnerware, consisting of bowls, cups with handles, dishes or plates, without covers or with nested covers, in same or separate containers, made of melamine resin, etc... Cancel; see item NOTE Cancel; no further application. Analysis Research Project 1333 This proposal is based on the information developed through Research Project 1333, which was initiated in December 2017 to review the transportation characteristics of melamine dinnerware, as named in item Subject 18, Page 2 of 4

123 SUBJECT 18 History of Provisions The provisions for melamine dinnerware were established as a result of action taken on Docket 778, Subject 36 (November 1977) and first appeared in Supplement 9 to NMF 100-E, effective September 16, The provisions have remained substantially unchanged to the present. About Melamine Dinnerware Melamine is an organic compound that when combined with formaldehyde creates an extremely durable plastic. Melamine dinnerware is designed to take advantage of melamine s durability to create tough, shatterproof tableware. Transportation Characteristics Density The information of record on the involved commodities includes 6,051 density observations submitted by a carrier and obtained from the CCSB s Density Study 1. The products range in density from 1.08 to pcf, with an average density of 9.36 pcf. The densities are distributed throughout the range. Handling and Stowability The involved commodities are generally tendered in boxes secured on lift truck skids or pallets. There have been no reports of any unusual or significant handling or stowability problems. Liability The involved commodities are not perishable, unusually susceptible to theft, hazardous in nature, unusually liable to damage, nor do they appear likely to damage other freight. There have been no reports of claims, and no value information was obtained. 1 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 18, Page 3 of 4

124 SUBJECT 18 Relationship to CCSB Policies and Guidelines CCSB policy calls for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. The information of record indicates that the involved commodities range in density from 1.08 to pcf, with an average density of 9.36 pcf. The involved articles exhibit no unusual or significant handling, stowability or liability characteristics and, as such, density is the governing characteristic in the assignment of classes. Under CCSB guidelines, an average density of 9.36 pcf is generally associated with class 100, which calls for a minimum average density of 9 pcf. However, CCSB policy further states that commodities exhibiting a wide density range not accurately reflected by a single overall average density may be assigned density-based classes, and where densities are distributed throughout the range, commodities may be assigned classes predicated on a full density scale. This proposal would cancel item with reference to item where classes are predicated on the CCSB s standard 11-subprovision density progression 2. Additionally, in the interest of clarification and simplification, the reference to Cups or Tumblers, NOI in the viz. listing in item would be removed, and a new listing would be added for Dinnerware or Tableware, NOI 3. A similar approach was taken on Docket , Subject 9 (October 2018), involving plastic or rubber bathtub, shower stall, drainboard, sink or stove protector mats. Based on the information of record, and in keeping with CCSB policy and precedent, the provisions for those plastic or rubber mats were canceled with reference to the density-based provisions of item , and Mats, bathtub, shower stall, drainboard, sink or stove protector was added to the description of item The proposal was approved as docketed, and the changes first appeared in Supplement 4 to NMF 100-AR, effective December 29, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. 2 Item provides the CCSB s standard 11-subprovision density scale, which includes reference to Item (Rule) 170, the inadvertence clause, and Item (Rule) 171, the bumping privilege. 3 Plastic or rubber dinnerware or tableware not more specifically described in the NMFC is currently classified in item Subject 18, Page 4 of 4

125 SUBJECT 19 Re: Fishing Rods Item CCSB Contact: Ashley L. Gencarelli Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class ATHLETIC GOODS GROUP: subject to item Fishing Rods, in boxes Proposed Classification Provisions Item Description Class ATHLETIC GOODS GROUP: subject to item Fishing Poles or Rods, see Note, item NEW, in boxes NEW NOTE Also applies on complement of fishing reels or line in same retail package. Analysis Research Project 1375 This proposal is based on the information developed through Research Project 1375, which was initiated in September 2018 to review the transportation characteristics of fishing rods, as named in item History of Provisions The basic provisions for fishing rods, as named in item 16280, were adopted from the rails and first appeared in LTL-1, effective April 1, 1936, at a rating equivalent to the current class 125. The current description became effective October 10, The provisions have remained substantially unchanged to the present. About Fishing Rods Fishing rods are pliant, tapered poles, which are often jointed, equipped with a hand grip and line guides 1. They are used together with fishing line, a fishing reel, a hook and bait or a lure to catch fish. Pictures of fishing rods are on the following page. 1 See (accessed November 11, 2018) Subject 19, Page 1 of 3

126 SUBJECT 19 Transportation Characteristics Density Overall, the information of record for fishing rods includes 514 density observations collected during a CCSB dock survey and obtained from the CCSB s Density Study 2. The products range in density from 0.83 to pcf, with an average of 4.71 pcf. Almost 82% of the figures fall between 2 and 6 pcf. Handling and Stowability The information of record indicates that fishing rods are shipped in boxes secured on lift truck skids or pallets. There have been no reports of unusual or significant handling or stowing concerns. Liability Fishing rods are not perishable, unusually susceptible to theft, hazardous in nature, unusually liable to damage, nor do they appear likely to damage other freight. There have been no reports of claims, and no value information was obtained. Relationship to CCSB Policies and Guidelines CCSB policy calls for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. The information of record indicates that fishing rods range in density from 0.83 to pcf, with an average of 4.71 pcf, and the preponderance of density figures concentrated around the overall average. There are no unusual or significant handling, stowability or liability characteristics. Under CCSB guidelines, an average density of 4.71 pcf is generally associated with class 200, which calls for a minimum average density of 4 pcf. This proposal would assign class 200 to item in lieu of the current class 125. Additionally, this proposal would amend the description of item for clarification by adding reference to fishing poles, and a new Note would be established to clarify that the item also applies on fishing poles or rods that are tendered with a complement of reels or line within the same retail package. 2 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 19, Page 2 of 3

127 SUBJECT 19 A similar approach was taken on Docket , Subject 12 (February 2018), involving empty dosage capsules. No significant handling, stowability or liability concerns were reported and, as such, density was determined to be the primary transportation characteristic. Empty dosage capsules ranged in density from 2.20 to pcf, with a significant concentration of densities over 87% clustered around the overall average density of 4.68 pcf. Based on the information of record, and in keeping with CCSB guidelines, that proposal was approved as docketed, assigning class 200, and the change first appeared in Supplement 1 to NMF 100-AR, effective April 28, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. Subject 19, Page 3 of 3

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129 SUBJECT 20 Re: Rags, NOI, waste Item CCSB Contact: Larissa A. Franklin Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class CLOTH, DRY GOODS, FABRICS OR TEXTILES GROUP: subject to item Dry Goods or Textiles, viz.: Cloths or Rags, cleaning, dusting, polishing or wiping, NOI, see Note, item 49391; [Other Articles Listed Not Involved.] In boxes or wrapped bales or rolls, subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 1 but less than Sub 3 2 but less than Sub 4 4 but less than Sub 5 6 but less than Sub 6 8 but less than Sub 7 10 but less than Sub 8 12 but less than Sub 9 15 but less than Sub but less than Sub or greater NOTE Applies on cloths or rags, cleaned, sterilized or otherwise made sanitary, for cleaning, dusting, polishing or wiping. WASTE MATERIALS GROUP: subject to item Rags, NOI, in packages, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 5 but less than Sub 3 10 but less than Sub 4 20 or greater Subject 20, Page 1 of 4

130 SUBJECT 20 Proposed Classification Provisions Item Description Class CLOTH, DRY GOODS, FABRICS OR TEXTILES GROUP: subject to item Dry Goods or Textiles, viz.: Cloths or Rags, cleaning, dusting, polishing or wiping, NOI, new or used, including waste, see Note, item NEW; [Other Articles Listed No Change.] In boxes or wrapped bales or rolls, subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 1 but less than Sub 3 2 but less than Sub 4 4 but less than Sub 5 6 but less than Sub 6 8 but less than Sub 7 10 but less than Sub 8 12 but less than Sub 9 15 but less than Sub but less than Sub or greater NOTE Cancel; no further application. NEW NOTE Does not apply on materials regulated by the U.S. Department of Transportation as hazardous and required to bear a Hazard Class or Hazard Division label. For classes applicable to such hazardous materials, see provisions elsewhere in this Classification. WASTE MATERIALS GROUP: subject to item Rags, NOI, etc... Cancel; see item and provisions otherwise applicable Analysis Research Project 1361 This proposal is based on the information developed through Research Project 1361, which was initiated in May of 2018 to investigate the transportation characteristics of rags, NOI, as named in item , under the Waste Materials Group. Hereinafter, the involved products will be referred to as waste rags. Subject 20, Page 2 of 4

131 SUBJECT 20 History of Provisions The basic provisions for waste rags, as currently named in item , were adopted from the rails in The density-based subprovisions were established over a period of years with the most recent change being the establishment of provisions for densities less than 5 pcf, which occurred as a result of action taken on Docket 118, Subject 107 (March-April 1965) and first appeared in Supplement 10 to NMFC A-8, effective December 15, The provisions have remained substantially unchanged to the present. About Waste Rags Waste rags, as described in item , are pieces of cloth or fabric that have already been used for cleaning, wiping or polishing purposes and have no further use or value other than for scrap or reclamation. New or reconditioned rags are not embraced by item , and are classified under item 49390, naming Cloths or Rags, cleaning, dusting, polishing or wiping, NOI. However, the information of record indicates that the provisions of item are being misapplied, and new or reconditioned rags are being incorrectly classified under this item. Examples of the involved articles are depicted below. Transportation Characteristics Density The information of record includes 1,922 density observations obtained from the CCSB s Density Study 1 on products reported to be moving under item The products range in density from 2.70 to pcf, with an average density of 9.93 pcf. The figures are distributed throughout the range. Handling and Stowability Waste rags are typically tendered in boxes or bales secured on lift truck skids or pallets. There have been no reports of any unusual or significant handling or stowability problems. 1 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 20, Page 3 of 4

132 SUBJECT 20 Liability The involved products are not perishable, unusually susceptible to theft, hazardous in nature 2, unusually liable to damage, nor do they appear likely to damage other freight. Two carriers reported that there were no claims filed between January and October 2018, and a third carrier stated it received three small claims over the last two years. No value information was obtained. Relationship to CCSB Policies and Guidelines CCSB policy calls for establishing or amending classification provisions to reflect a commodity s known transportation characteristics. Products reported to be moving under item range in density from 2.70 to pcf, with an average of 9.93 pcf, and the densities are distributed throughout the range. There is no indication of any handling, stowability or liability issues; thus, density is the governing characteristic in the assignment of classes. Additionally, CCSB policy calls for establishing or amending classification provisions for commodities that are a source, or potential source, of interpretation disputes so as to eliminate or avoid those disputes. CCSB policy also calls for providing uniformity in provisions addressing the same or similar circumstances. Information of record has shown that item is being misapplied to new or reconditioned rags, which are classified in item Therefore, in light of the products transportation characteristics, and in the interest of clarification and simplification, this proposal, in keeping with CCSB policy, would cancel the provisions of item with reference to the full-scale density-based provisions of item for waste rags not regulated as hazardous materials 3. The viz. listing for cloths or rags in item would be amended accordingly for clarification. Note, item would be canceled as having no further application. A new Note would be established to specify that item does not apply on cloths or rags regulated by the U.S. Department of Transportation as hazardous and to direct the Classification user to other applicable items in the NMFC. Precedent for this approach can be found in Docket , Subject 21 (June 2018), involving item 15510, which applied on certain playground apparatus. Based on the information of record, and in keeping with CCSB policy and precedent, that proposal was approved as docketed, and item was canceled with reference to the full-scale densitybased provisions of item 15520, naming Playground Apparatus, NOI. The change first appeared in Supplement 2 to NMF 100-AR, effective August 25, Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. 2 Although the present provisions of item include waste rags that are hazardous in nature, the proposed provisions would exclude those products regulated as hazardous materials. 3 Item provides the CCSB s standard 11-subprovision density scale, which includes reference to Item (Rule) 170, the inadvertence clause, and Item (Rule) 171, the bumping privilege. Subject 20, Page 4 of 4

133 SUBJECT 21 Re: Obsolete Provisions Items , and CCSB Contact: Lisa K. O Donnell Telephone (703) odonnell@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class PRINTERS' EQUIPMENT GROUP: subject to item Engravers' Plates, steel and chalk composition combined, in boxes Matrices, in boxes Trucks, form or waste metal, in boxes or crates Proposed Classification Provisions Item Description Class PRINTERS' EQUIPMENT GROUP: subject to item Engravers' Plates, steel and chalk composition combined, etc... Cancel; believed to be obsolete Matrices, etc... Cancel; believed to be obsolete Trucks, form or waste metal, etc... Cancel; believed to be obsolete Analysis Provisions for engravers plates made of steel and chalk composition combined, printers matrices and printers form or waste metal trucks were adopted from the rails and first appeared in LTL-1, effective April 1, 1936, at ratings equivalent to the current classes. Since then, the provisions have remained substantially unchanged. Since the advent of desktop publishing in the 1980s 1 and innovations in printing processes over the years, articles that had been integral to print shop operations through the early half of the twentieth century, such as the products named in the involved provisions, are now obsolete. The chalk-plate process of printing employed the use of engravers plates made of steel and chalk. Shortly after the invention of the chalk-plate process, photographic etching processes were developed and the chalk-plate process fell into disuse 2. 1 See (accessed November 16, 2018) 2 Mark Twain, A Biography: The Personal and Literary Life of Samuel Langhorne Clemens, Volume 2, by Albert Bigelow Paine (Harper and Brothers Publishers, New York and London, 1912) Subject 21, Page 1 of 2

134 SUBJECT 21 Printers matrices may be defined as the depression formed in the piece of metal that serves as the end of the mold in which type is cast 3. While this printing process is still used by artists today, printers matrices most likely would not move in LTL service. Printers form or waste metal trucks were most likely carts used to store and then dispose of waste material derived from the printing process. This is inferred from the term double truck, which is still used today to describe a pair of facing pages, usually in a newspaper or magazine, with content that stretches over both pages. According to Wikipedia, the name double truck comes from the days when the heavy forms for newspaper pages (the metal version of each page), largely filled with lead type, were rolled around the composing room floor on heavy carts called trucks. Two pages for one project meant a double truck 4. A review of the CCSB s Density Study 5 indicates two recorded observations for products moving under item and no products moving under items and since Furthermore, an Internet search failed to provide any indication that products meeting the descriptions of items , or are in existence today. Relationship to CCSB Policies and Guidelines CCSB policy calls for the removal of obsolete provisions in the interest of clarification and simplification. Based on the information of record, canceling the provisions of items , and as obsolete, as proposed, is in keeping with CCSB policy and precedent. 3 Typographical Printing-surfaces, The Technology and Mechanism of Their Production, by Lucien Alphonse Legros, John Cameron Grant (Longmans Greene and Company, New York, NY, 1916) 4 (accessed November 16, 2018) 5 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 21, Page 2 of 2

135 SUBJECT 22 Re: Obsolete Provisions Item CCSB Contact: Larissa A. Franklin Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class FOODSTUFFS GROUP: subject to item Compounds, inactive yeast or whey, dried, in bags Proposed Classification Provisions Item Description Class FOODSTUFFS GROUP: subject to item Compounds, inactive yeast or whey, dried, etc... Cancel; believed to be obsolete Analysis Provisions for inactive yeast and whey compounds, at class 60, were established as a result of action taken on Docket 771, Subject 28 (January 1977) and first appeared in Supplement 11 to NMF 100-D, effective October 1, 1977, as item Also established was an attendant Note, which stated, Applies on mixtures of dried inactive yeast and whey. Yeast content not less than 55 percent. Over time, the ratio of yeast to whey changed in the compounds. Given the similarity among the products of varying percentages of yeast to whey, a proposal was docketed to remove the attendant Note; thus, as a result of action taken on Docket 831, Subject 39 (January 1983), the current provisions were established. For reasons unknown based on the information available in the record, the product description for item was changed from yeast and whey compounds to yeast or whey compounds. Those changes were first published in Supplement 4 to NMF 100-J, effective July 23, Though item is intended to only apply on mixtures of inactive yeast and whey, the use of the word or has resulted in interpretation questions. A review of the CCSB s Density Study 1 from 2015 to 2018 yielded 362 observations of commodities reportedly moving under item However, further research indicates that these provisions are being misapplied. The CCSB identified 52 unique companies reportedly moving articles under item in the CCSB s Density Study; though, research has shown that none of these businesses manufacture or ship compounds (mixtures) of inactive yeast and 1 The Density Study is part of an ongoing effort by the CCSB to collect information on actual shipments; it is not tied to any particular research project, nor does it target any particular product category. Carriers that choose to participate in the study periodically submit shipment data captured through their respective freight auditing programs. The data is identified by NMFC item, and only verifiable data points, which include the weight and the dimensions and/or cube of the shipping unit involved, are used. Subject 22, Page 1 of 2

136 SUBJECT 22 whey. Moreover, Internet searches indicate that no companies are currently manufacturing or shipping those compounds. Relationship to CCSB Policies and Guidelines CCSB policy calls for the removal of obsolete provisions in the interest of clarification and simplification. Based on the information of record, canceling the provisions of item as obsolete, as proposed, is in keeping with CCSB policy and precedent. Subject 22, Page 2 of 2

137 SUBJECT 23 Re: Item (Rule) 300 Advancing Charges, and Item (Rule) 595 Maximum Charges CCSB Contact: William F. Mascaro Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions ITEM 300 ADVANCING CHARGES Except as provided in tariffs of carrier at point of origin or destination or transit station (as the case may be), no charges of any description will be advanced to shippers, owners, consignees, their warehousemen or agents. ITEM 595 MAXIMUM CHARGES In no case shall the charge for any shipment from and to the same points, via the same route of movement, be greater than the charge for a greater quantity of the same commodity in the same shipping form and subject to the same packing provisions at the rate and weight applicable to such greater quantity of freight. Proposed Classification Provisions ITEM 300 Cancel; no further application. ITEM 595 Cancel; no further application. Analysis ADVANCING CHARGES MAXIMUM CHARGES Item (Rule) 300, involving advancing charges, was adopted from the rail classification in The current provisions of Item 300 were established as a result of action taken on Docket 69, Subject 117 (June 1955) and first appeared in Supplement 14 to NMFC A-2, effective October 18, Provisions governing maximum charges, as currently provided in Item (Rule) 595, first appeared in NMFC No. 2, effective December 24, The current provisions of Item 595 were established as a result of action taken on Docket 119, Subject 173 (July 1965) and first appeared in Supplement 2 to NMFC A-9, effective November 22, Subject 23, Page 1 of 2

138 SUBJECT 23 In 1983, the former Interstate Commerce Commission (ICC) issued a decision in Investigation and Suspension Docket No. M-29788, Charge for Shipments Moving on Order-Notify Bill of Lading, N.M.F.T.A., which determined that provisions of the NMFC that provided charges for additional or accessorial-type services were unrelated to the Classification, and instructed NMFTA to remove them 1. In response to the decision, such provisions were removed. The decision, however, specifically allowed for the retention of Items 300 and 595, among other provisions. With respect to Item 300, the ICC stated in its decision, Rule 300, Advancing Charges, provides that the classification ratings are predicated on carriers not advancing any charges unless otherwise provided in carrier tariffs. In effect, the advancing charges rule is built into the classification structure as a condition precedent to the applicability of the classification ratings. If a carrier wishes to provide rules for advancing charges it may do so in its tariffs. No such condition precedent exists today. With respect to Item 595, the ICC stated in its decision, It is an alternation rule since it is intended to ensure the lowest charge within the rate category applicable to the article being shipped. For instance, the rule could operate to substitute a lower truckload class rating for a higher less-than-truckload class rating if a lower charge would result. The NMFC no longer provides separate classes for LTL and truckload shipments. As a result, there is no need for such an alternation rule. Relationship to CCSB Policies and Guidelines CCSB policy states the rules published in the NMFC are to be consistent with current law and motor carrier practices, and that they are otherwise up-to-date. Given that the Classification today is no longer subject to the regulatory environment under which Items 300 and 595 were intended to be utilized, canceling these rules, as proposed, is in keeping with CCSB policy I.C.C See (accessed November 21, 2018) Subject 23, Page 2 of 2

139 I DOCKET , SUBJECT 5 DEFERRED SUBJECT Re: Item (Rule) 540 Hazardous Materials CCSB Contact: Lisa K. O Donnell Telephone (703) odonnell@nmfta.org Proponent: Commodity Classification Standards Board Proposed Classification Provisions It is proposed to amend Item (Rule) 540, Hazardous Materials, to read as follows: ITEM 540 HAZARDOUS MATERIALS (see Notes A and C) Sec. 1. Compliance with Department of Transportation (DOT) Descriptions and Packaging Requirements: Sec. 1(a). Articles subject to the DOT's hazardous materials regulations must be described on bills of lading and shipping orders as shown in those regulations. Abbreviations must not be used, except as authorized in 49 CFR When the DOT's hazardous materials regulations description differs from the Classification description, the Classification description must also be shown on bills of lading and shipping orders. Sec. 1(b). No Change. Secs. 2-2(b). No Change. Sec. 2(c). When carriers are required by federal, state or local regulations or statutes to pay fees to acquire permits to transport hazardous materials, wastes or substances, or radioactive articles or materials, the cost of acquiring such permits, including administrative or service charges where provided in carrier tariffs, will be paid by the party remitting the linehaul charges. Upon request, evidence of payment of the costs of acquiring permits shall be furnished. Secs. 2(d)-5. No Change. Notes A-E No Change. Analysis and Relationship to CCSB Policies and Guidelines Sec. 1(a) of Item (Rule) 540 states that abbreviations must not be used on bills of lading and shipping orders when describing materials regulated by the U.S. Department of Transportation (DOT) as a hazardous material. However, the hazardous materials regulations in 49 CFR , which specifies the description of hazardous material on shipping papers, authorizes certain abbreviations, as long as the abbreviations are commonly accepted and recognizable. Specifically, 49 CFR (a)(7) allows the use of abbreviations to indicate packaging types (e.g., cyl. for cylinder ) and 49 CFR (c)(1) allows the use of abbreviations to express units of measurement and types of packaging. Dkt , Sbj. 5, Page 1 of 2

140 I DOCKET , SUBJECT 5 DEFERRED SUBJECT Sec. 2(c) of Item 540 specifies that the party remitting the line-haul charges is responsible for the costs incurred when acquiring special permits to transport hazardous materials, wastes or substances, or radioactive articles or materials; however, the wording may lead to interpretation questions as it alludes to special permits that are required by the federal government. Special permits are issued free-of-charge by the DOT and are, by definition, exceptions to federal hazardous materials regulations, not requirements. This proposal was initially considered by the CCSB at its public meeting on October 16, 2018 in Savannah, GA. Prior to the meeting, it was noted that Item (Rule) 360, pertaining to Bills of Lading, Freight Bills and Statements of Charges, states in Sec. 2(d) that abbreviations must not be used on bills of lading and shipping papers when describing articles regulated by the DOT as a hazardous material. Since the Bill of Lading Committee, the entity primarily responsible for making changes to bills of lading and related rules, is a standing committee of the NMFTA, and not under the purview of the CCSB, and no public notice had been given to indicate that Item 360 would also need to be amended, the CCSB deferred this proposal to its next meeting to ensure that changes made to the wording of Item 540 could be made concurrently to the involved provisions in Item 360. This proposal would amend Item 540 to allow abbreviations authorized in 49 CFR to be used on bills of lading and shipping orders 1. This proposal would also amend Sec. 2(c) of Item 540 in the interest of clarification. This proposal, as docketed, is in keeping with CCSB policies. 1 At its February 2019 meeting, NMFTA s Bill of Lading Committee will consider amending Item 360, Sec. 2(d) to contain similar language as proposed to Item 540 herein. Dkt , Sbj. 5, Page 2 of 2

141 I DOCKET , SUBJECT 6 DEFERRED SUBJECT Re: Duct, air distributing, ventilating or exhaust system, flexible Item CCSB Contact: Kyle R. Smith Telephone (703) kyle.smith@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class CONDUITS, OTHER THAN EARTHEN, GROUP: subject to item Duct, air distributing, ventilating or exhaust system, flexible, see Note, item 51036, in packages, subject to Items 170 and 171 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 2 but less than Sub 3 3 but less than Sub 4 4 but less than Sub 5 6 or greater NOTE The term flexible is descriptive of duct which may withstand a bend of 180 over a mandrel having a diameter equal to the inside diameter of the duct and return to original shape without deterioration of the wall structure. Proposed Classification Provisions Item Description Class CONDUITS, OTHER THAN EARTHEN, GROUP: subject to item Duct, air distributing, ventilating or exhaust system, flexible, see Note, item 51036, in packages, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 4 but less than Sub 3 6 or greater NOTE No Change. Analysis Research Project 1313 Research Project 1313 was initiated in August of 2017 to review the transportation characteristics of flexible duct, as named in item Dkt , Sbj. 6, Page 1 of 4

142 I DOCKET , SUBJECT 6 DEFERRED SUBJECT This proposal was initially considered by the CCSB at its public meeting on October 16, 2018 in Savannah, GA. Prior to the meeting, shippers of flexible duct as well as the Air Duct Council submitted letters in opposition to the proposal. At the meeting, representatives of the involved shippers expressed willingness to submit additional data on their products. In response, the CCSB voted to defer disposition of this proposal until the February 12, 2019 public meeting. Since the CCSB s deferral of this proposal, additional information has been submitted by the interested shippers and has been obtained from other sources, too. This additional information has been incorporated into the record. History of Provisions As a result of action taken on Docket 765, Subject 56 (July 1976), separate items for flexible duct were consolidated, and the current description of what is now item and the language of Note, item were established, and first appeared in Supplement 16 to NMF 100-C, effective March 19, The provisions have remained substantially unchanged to the present. About Flexible Duct Flexible duct is used to distribute air in a heating, ventilating or air conditioning system, or to collect air in an exhaust system. Material composition includes a variety of materials and can consist of metal, plastic, fabric and insulation. Dkt , Sbj. 6, Page 2 of 4