DOCKET MAY 2012

Transcription

1 DOCKET MAY 2012 A public meeting on National Motor Freight Classification provisions will be held on May 1, 2012 at: Harrah s Las Vegas 3475 Las Vegas Boulevard South Las Vegas, Nevada ISSUED: March 15, 2012

2 COMMODITY CLASSIFICATION STANDARDS BOARD DOCKET On Tuesday, May 1, 2012, 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 Harrah s Las Vegas, 3475 Las Vegas Boulevard South, Las Vegas, Nevada 89109, commencing at 10:00 am. 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 staff contact and the identity of the proponent. Section II of this docket provides the CCSB analysis for a proposal from Docket on which disposition was deferred to the May 1, 2012 meeting. The analysis includes the full text of the proposal, the staff 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. 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, including how to contact the proponent, are contained in a Public Docket File. The public files are available online without charge at They are organized by docket and subject numbers, and each file is indexed for ease of reference. Interested persons who do not have Internet access can obtain the public docket file for a particular proposal from the staff contact, subject to a charge for copying and transmitting the document(s) requested. Commodity Classification Standards Board ccsb@nmfta.org Chairman Joel L. Ringer Member Member Member George M. Beck Daniel E. Horning William F. Mascaro Member Donald A. Newell Counsel John R. Bagileo Member/Packaging Consultant Erin N. Topper 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 is welcome to attend the meeting and/or submit a statement relating to the transportation characteristics of the product(s) involved or relevant to packaging materials or methods in connection with proposed packaging amendments. Statements should include any underlying studies, supporting data and other pertinent information. Written submissions will be included in the respective public docket file. Decisions on docketed proposals will be based on the information contained in the public docket file. Any person may become a Party of Record to a docketed proposal by submitting a written request prior to the meeting. The proponent(s) of a proposal and anyone who attends the meeting in connection with a proposal or submits a written statement prior to the meeting will be registered as a party of record to that proposal. Parties of record to a docketed proposal will receive a disposition of the proposal and will be entitled to seek reconsideration or arbitration should they disagree with that disposition. (One does not have to be a party of record to request reconsideration.) 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 staff contact involved. To schedule an appearance at the meeting, or if you require further information, please get in touch with the staff 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 or arbitration is sought in accordance with the CCSB s rules. The supplement is scheduled to be issued on June 21, 2012, with an effective date of July 21, Future CCSB Dockets Docket Docket Docket Closing Date July 5, 2012 November 15, 2012 Docket Issue Date July 26, 2012 December 13, 2012 CCSB Meeting Date September 10, 2012 January 29, 2013 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 Assemblies, fuel pump, internal combustion engine... 5 C Carts, freight, horse drawn or trailer... 6 Catalyst, silica gel... 9 Checks, United States Treasury, cashed Coconut Oleine Compounds, metal pickling Contact Lenses, soft... 6 of Docket (See Section II herein.) Controllers, electrical Packaging... 3 D Desiccants, silica gel... 9 Dross, rosin or rosin batting E Electrical Controllers Packaging... 3 Electrical Switch Boxes, Enclosures, Outlet Boxes or Outlet Box Covers, or Junction Boxes or Cabinets, steel... 2 F Fittings, pipe or tubing, brass, bronze or copper... 4 Fixtures, plumbers, returned to the manufacturer Forms, protective packing, interior or exterior, fiberboard, paper, paperboard, pulpboard or molded pulp Freight Carts, Trucks, Trailers or Wagons, horse drawn or trailer... 6 Fuel Pumps or Fuel Pump Assemblies, including Fuel Senders, internal combustion engine... 5 G Grabbers or Graspers, reach extending... 7 H Heaters, water... 1 I Insulation or Insulating Material... 8 J Junction Boxes or Cabinets, electrical, steel... 2 L Lineal Shapes, aluminum Liquor, tanning, spent M Material, insulating... 8 Metal Pickling Compounds Molding, aluminum Muffles, clay N Neatsfoot Stock O Oleine, coconut Outlet Boxes or Outlet Box Covers, electrical, steel... 2 P Packaging Aluminum Lineal Shapes or Molding Packaging Electrical Controllers... 3 Packaging Exceptions Based on Product Weight Packing, flax or metal Packing Forms, interior or exterior, fiberboard, paper, paperboard, pulpboard or molded pulp Pipe, brass, bronze or copper... 4 Plumbers Fixtures, returned to the manufacturer Pumps, fuel, internal combustion engine... 5 R Reach Extenders or Reachers... 7 Rosin Dross or Rosin Batting Dross Page iii

5 COMMODITY CLASSIFICATION STANDARDS BOARD DOCKET INDEX OF SUBJECTS (PROPOSALS) DESCRIPTION SUBJECT DESCRIPTION SUBJECT S Senders, fuel, internal combustion engine... 5 Silica Gel, including Silica Gel Catalyst or Desiccants... 9 Stock, neatsfoot Switch Boxes, electrical, steel... 2 T Trailers or Trucks, freight, horse drawn or trailer... 6 Tubing, brass, bronze or copper... 4 W Wagons, freight, horse drawn or trailer... 6 Water Heaters... 1 Page iv

6 COMMODITY CLASSIFICATION STANDARDS BOARD DOCKET

7 SUBJECT 1 Re: Water Heaters Staff Contact: William F. Mascaro Telephone (703) mascaro@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class BOILERS, FURNACES, STOVES AND RELATED ARTICLES GROUP: subject to item Heaters, water, NOI, see Note, item 26521, in boxes or Packages 208, 1016, 1208, 1277, 2055 or 2056: Sub 1 With insulated plastic tank and plastic outer shell Sub 2 Other than with insulated plastic tank and plastic outer shell NOTE Does not apply on solar collectors, solar water heaters or fireplace grate-type heaters. See item for applicable provisions for solar collectors or solar water heaters and item for fireplace grate-type heaters. Package 1208 (a) Except as provided in paragraph (b), water heaters, NOI, must be shipped in boxes or crates, and those having insulated and jacketed boilers or tanks must be supported or suspended in the boxes or crates and must be so protected that there will be no shifting and not less than 1 inch clearance between the side of the heater jacket and the inside wall of the box or crate. (b) Water heaters, NOI, of the coal or wood burning type, or water heaters, NOI, not porcelain enameled nor jacketed, other than storage type, may be shipped loose. Shipments of water heaters, of any kind, used, having value for scrap metal content or for salvage of parts may be shipped loose. Subject 1, Page 1 of 9

8 SUBJECT 1 Proposed Classification Provisions Item Description Class BOILERS, FURNACES, STOVES AND RELATED ARTICLES GROUP: subject to item Heaters, water, tank type, see Notes, items and A-NEW: Sub 1 In boxes or Packages 208, 1016, 1277, 2055 or 2056, other than secured Sub 2 on lift truck skids or pallets In boxes or Packages 208, 1016, 1277, 2055 or 2056, secured on lift truck skids or pallets; or in crates NOTE Does not apply on solar collectors, solar water heaters, fireplace gratetype heaters or swimming pool heaters. See item for applicable provisions for solar collectors or solar water heaters, item for fireplace grate-type heaters, and item for swimming pool heaters. A-NEW NOTE Tank-type water heaters tendered in boxes or crates must be supported or suspended in the box or crate and be protected so that there will be no shifting and not less than 1 inch clearance between the article and the inside wall of the box or crate. B-NEW Heaters, water, tankless, see Note, item 26521, in boxes Cancel; no further application. Package 1208 Analysis Research Project 1108 This proposal is based on information developed through Research Project 1108 involving water heaters as named in item The project was initiated in response to indications of transportation characteristics inconsistent with CCSB guidelines for the currently applicable classes. As part of Research Project 1108, mailings were sent to 11 trade associations and 196 potential shippers of water heaters on April 15, 2010, and for those that did not respond, again on July 26, 2010, inviting them to participate in our survey. From these mailings, four shippers responded with at least some information on their products, 32 responded that they did not ship water heaters, and six surveys were returned as undeliverable. Upon completion of the project a proposal was noticed on CCSB Docket (May 2011), designated as Subject 2, which sought, in part, to amend the provisions of item to provide for tank-type water heaters, with subprovisions for With plastic outer shell, at a class 250, and With metal outer shell, at a class 150. A new item was also proposed for tankless water heaters, at a class At the public CCSB meeting on May 3, 2011, several interested shippers appeared and spoke in opposition to the proposal, stating that the data of record Subject 1, Page 2 of 9

9 SUBJECT 1 was not reflective of their products, and indicating a willingness to work with the CCSB to develop more-reflective data. In view of this, the CCSB voted to withdraw Subject 2 of Docket and continue its research on water heaters. Subsequently, the CCSB reached out to those shippers who attended the public meeting and inquired about their willingness to allow the CCSB to visit their facilities and observe shipments of water heaters firsthand. All of the shippers contacted responded affirmatively, and CCSB representatives visited their facilities in June and July of The CCSB also contacted those shippers that submitted statements to the docket record but did not attend the CCSB meeting, and invited them to participate in the research. Additional information was received from at least one of those shippers. Two additional shippers who were not party to the original proposal also reached out to the CCSB and offered to participate in the research. CCSB representatives visited one of those shippers, and both provided information to the record. History of Provisions Provisions for water heaters were adopted from the rail classification in The current description and classes for item were established as a result of action taken on Docket 934, Subject 10 (June 1993) and first appeared in Supplement 3 to NMF 100-T, effective August 14, Since then, the only additional change has been to Note, item in Supplement 2 to NMF 100-AG directing Classification users to item for provisions applicable to solar collectors or solar water heaters and item for provisions applicable to fireplace grate-type heaters. That change became effective on April 28, About Water Heaters The information of record encompasses two basic types of water heaters: tank-type and tankless. A tank-type water heater consists of an insulated storage tank and stores the heated water until it is needed. The tank may be lined with glass or some other type of noncorrosive material, with a metal outer shell. Some models also utilize fiberglass or plastic as the tank material, however, the overwhelming majority of the tank-type water heaters of record utilize a metal outer shell. As the heated water supply is depleted, it is replaced with cold water which is heated and stored in the tank to replenish the supply. This type of water heater typically uses natural gas, propane, electricity or oil to heat the water. The information of record encompasses tank sizes ranging from 2.5 to 400 gallons and includes both residential and commercial units. A tankless water heater does not utilize a storage tank and instead heats water on demand. The information available indicates that tankless water heaters primarily use natural gas to heat the water. Examples of both types are shown on the following page. Subject 1, Page 3 of 9

10 % of Figures in Interval CCSB DOCKET SUBJECT 1 Tank-Type Tank-Type Tankless Tankless Transportation Characteristics Density As a result of the additional shipper data, and further CCSB research, the information of record now encompasses 47,504 density observations, which is a substantial increase over the 316 observations from Docket , Subject 2. The record includes information from interested shippers, as well as carriers, CCSB dock surveys, and the CCSB s Density Study 1. The densities range from 0.80 to pcf, with a simple average density of 9.32 pcf. A frequency distribution of the overall density range is shown below. Overall 40.00% 35.00% 30.00% 25.00% 20.00% 15.00% 10.00% 5.00% 0.00% 36.18% 28.98% 22.32% 7.45% 0.00% 0.02% 0.57% 2.27% 1.61% 0.36% 0.24% Density Intervals (pcf) 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 1, Page 4 of 9

11 % of Figures in Interval % of Figures in Interval CCSB DOCKET SUBJECT 1 When evaluated on the basis of the type of heater, where known, tank-type water heaters range in density from 0.80 to pcf, with an average of 9.00 pcf, based on over 40,500 observations, while tankless water heaters range in density from 4.54 to pcf, with an average density of pcf, based on over 800 observations. Frequency distributions of these two types are shown below. Tank-Type 40.00% 35.00% 30.00% 25.00% 20.00% 15.00% 10.00% 5.00% 0.00% 39.20% 31.05% 23.39% 5.15% 0.00% 0.01% 0.07% 0.97% 0.12% 0.02% 0.00% Density Intervals (pcf) Tankless % 80.00% 60.00% 82.10% 40.00% 20.00% 0.00% 0.00% 0.00% 0.00% 0.12% 0.25% 0.25% 17.04% 0.25% 0.00% 0.00% Density Intervals (pcf) Subject 1, Page 5 of 9

12 SUBJECT 1 Handling Tankless water heaters are tendered in boxes of a regular size and shape that are usually palletized for shipment. Freight tendered in this manner will generally not present any unusual or significant handling considerations. Tank-type water heaters are generally tendered for shipment in one of two different types of packaging. Smaller residential and commercial water heaters are usually tendered in fiberboard boxes that may or may not be secured on a lift truck skid or pallet. Larger residential and commercial or industrial water heaters are tendered in crates that provide for forklift access. With respect to those water heaters packaged in boxes, the degree of protection afforded by these containers varies, with some manufacturers using triplewall corrugated fiberboard for the container while others use doublewall corrugated fiberboard. Also, some manufacturers further reinforce the box with exterior corner posts and plastic film. Whether in a box or a crate, the packages are usually marked with some type of handling instruction(s), e.g. This Side Up. Based on discussions with the involved shippers and through firsthand visits to several of their facilities, a significant percentage of tank-type water heaters in boxes are tendered for shipment on lift truck skids or pallets. When tendered on a lift truck skid or pallet, tank-type water heaters in boxes will exhibit handling characteristics similar to those of other likepackaged freight. They are readily handled with mechanical equipment, and many of the potential or identified handling difficulties are mitigated. Likewise, tank-type water heaters tendered in crates are also readily handled with mechanical equipment and would not present any significant or unusual handling considerations. Boxed tank-type water heaters not secured on a lift truck skid or pallet will generally require handling via a hand truck instead of a forklift. If handled with a forklift, extra care and attention will be required to prevent damage as there are no access points for the fork tines. Moving tank-type water heaters in normal cross-dock operations with a hand truck will require extra time or personnel to handle the shipment. In addition to being more time consuming, handling tank-type water heaters by hand in cross-dock operations also increases the potential for damage due to their size and weight, as well as the height of the box. Stowability As discussed under handling, tankless water heaters are tendered in boxes of a regular size and shape that are usually palletized for shipment. Freight tendered in this manner will generally not present any unusual or significant stowability considerations. Tank-type water heaters will usually be floor-loaded and must be stowed in a vertical or upright position to prevent damage. When tendered in crates or secured to a lift truck skid or pallet, no unusual or significant stowing considerations are indicated. The water heater will be maintained in its proper orientation, and many of the identified stowing concerns, if any, will be alleviated. This configuration will also generally provide a regular load-bearing surface for other freight. When tendered in boxes not secured on lift truck skids or pallets, negative stowing considerations have been identified. As with handling, stowing individual water heaters that are not secured to a lift truck skid or pallet in the vehicle will involve increased time and personnel to build the load. Depending upon how the water heaters are positioned in the vehicle, a flat load-bearing surface may not be available for other freight. Additionally, based Subject 1, Page 6 of 9

13 SUBJECT 1 upon the height of the heater in relation to its width, water heaters that are not secured on lift truck skids or pallets may also need to be blocked or braced in the vehicle to prevent them from tipping. Photos of tank-type water heaters in boxes not secured on lift truck skids or pallets, and those that are secured on lift truck skids or pallets or are in crates are shown in the pictures below. Liability Water heaters are not perishable, susceptible to theft or spontaneous combustion or explosion, nor are they likely to damage other freight with which transported. A limited amount of information available on the value of water heaters indicates a range from $0.90 to $12.04 per pound, with a simple average value of $2.40 per pound. While the overall average value of water heaters is fairly low, information of record indicates that tank-type water heaters may be susceptible to damage. While acknowledging that their products are not claims-free, interested shippers took exception to the information provided in Subject 2 of Docket , which cited carriersubmitted claims ratios for tank-type water heaters ranging from 1.73% to almost 30%. In contrast, shipper data indicates claims ratios from 2.4% to 3.11%. Regardless, a claims ratio of 1% or less is considered typical for general commodities. While claims ratios for water heaters are higher than most general commodities, through visits with interested shippers, the CCSB was advised that where problems are identified, shippers have taken steps to improve their packaging to reduce the frequency of claims. These steps include placing the water heaters on lift truck skids or pallets to facilitate handling and stowing, as well as improvements to the Subject 1, Page 7 of 9

14 SUBJECT 1 packaging through the use of heavier fiberboard or additional corner supports and plastic film. In spite of these steps, at least one carrier has released an advisory to their freight handlers on the proper techniques for handling water heaters. These include the need to use hand trucks or dollies and not forklifts when handling water heaters. Additional instructions include the need to use caution when stacking and to keep the tanks upright and not lay them on their sides. When loading, freight handlers are instructed to block and brace the tank in all four directions and to use upright pallets as dunnage to protect the tank from punctures. While this is not the norm for most general commodities, supporting information indicates that the involved water heaters are not tendered secured to lift truck skids or pallets, or in crates. Damaged or defective water heaters have also been found to be moving banded to a lift truck skid or pallet, with no additional packaging provided, as shown in the photo on the right. When tendered in this manner, these water heaters are even more susceptible to damage. No information is available on claims regarding tankless water heaters. Relationship to CCSB Policies and Guidelines CCSB policy calls for provisions to reflect a commodity s known transportation characteristics. Currently, water heaters are assigned a class 175 when equipped with an insulated plastic tank and plastic outer shell, and a class 85 when not so equipped. CCSB guidelines for class 175 call for a minimum average density of 5 pcf, while class 85 calls for a minimum average density of 12 pcf. An analysis of the information of record, based on the current provisions, reveals that tank-type water heaters with a plastic outer shell range in density from 1.57 to pcf, with a simple average density of 7.34 pcf. Tank-type water heaters equipped with a metal outer shell range in density from 0.80 to pcf, with an average of 9.32 pcf. Under CCSB density guidelines, an average density of 7.34 pcf is generally associated with a class 125, which calls for a minimum average density of 7 pcf. An average density of 9.32 pcf is generally associated with a class 100, which calls for a minimum average density of 9 pcf. It is noted that not only are the current provisions not consistent with CCSB guidelines for the applicable classes, but plastic tank water heaters account for less than 0.50% of the more than 40,500 density observations of record for tank-type water heaters. Water heaters tendered in boxes not secured on lift truck skids or pallets have been found to exhibit less favorable handling, stowability and liability characteristics than water heaters tendered in boxes secured on lift truck skids or pallets, or in crates. CCSB policy provides that the CCSB may deviate from the density guidelines when these additional considerations are evident. Accordingly, this proposal would eliminate the current distinction based on the tank material and assign instead classes predicated on the manner in which the water heater is Subject 1, Page 8 of 9

15 SUBJECT 1 packaged and tendered to the carrier for shipment. Water heaters in boxes or one of the listed numbered box-type packages tendered secured on lift truck skids or pallets, or water heaters in crates, would be assigned a class 100, reflective of the average density of 9.00 pcf for tank-type water heaters and handling, stowability and liability characteristics comparable to those of other like-packaged freight. Water heaters that are tendered in boxes or one of the listed numbered packages other than secured on lift truck skids or pallets would be assigned a class 125. The two-class increase reflects not only the identified handling and stowability considerations, but also the additional liability considerations arising when tanktype water heaters in boxes are tendered for shipment other than secured on a lift truck skid or pallet. A new Note would also be established, based on Package 1208, to provide that Tanktype water heaters tendered in boxes or crates must be supported or suspended in the box or crate and be protected so that there will be no shifting and not less than 1 inch clearance between the article and the inside wall of the box or crate. Concurrently, Package 1208 would be cancelled with no further application. Note, item would be amended to exclude swimming pool heaters from item and direct Classification users to the provisions of item , Machinery or Machines, NOI. This proposal would also establish a new item for tankless water heaters, at class Tankless water heaters have been found to exhibit transportation characteristics that are substantially different from tank-type water heaters. Tankless water heaters range in density from 4.54 to pcf, with a simple average density of pcf, with no unusual or significant handling, stowability or liability considerations. CCSB guidelines for the proposed class 77.5 call for a minimum average density of 13.5 pcf. Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and guidelines. Subject 1, Page 9 of 9

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17 SUBJECT 2 Re: Electrical Switch Boxes, Enclosures, Outlet Boxes or Outlet Box Covers, or Junction Boxes or Cabinets, steel Item Staff Contact: William F. Mascaro Telephone (703) mascaro@nmfta.org Allison L. Austin (703) austin@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class ELECTRICAL EQUIPMENT GROUP: subject to item NOTE Applies only on articles named when without electrical equipment such as switches or receptacles Switch Boxes or Electrical Enclosures, NOI, with or without covers, with or without cable terminals or fuse blocks or other fittings, but without fuses; Conduit Outlet Boxes or Junction Boxes or Cabinets, with or without fittings, see Note, item 62682; or Outlet Box Covers, other than outlet box plates; other than steel, see Note, item 63162, in boxes, see Note, item 63161, 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 Switch Boxes or Electrical Enclosures, NOI, with or without covers, with or without cable terminals or fuse blocks or other fittings, but without fuses; Conduit Outlet Boxes or Junction Boxes or Cabinets, with or without fittings, see Note, item 62682; or Outlet Box Covers, other than outlet box plates; steel, see Note, item 63171, in packages, see Note, item NOTE Provisions apply only on the articles named when manufactured solely of steel. For provisions applicable on articles having components of other materials, see item NOTE Steel junction boxes or cabinets may be shipped loose. Subject 2, Page 1 of 6

18 SUBJECT 2 Proposed Classification Provisions Item Description Class ELECTRICAL EQUIPMENT GROUP: subject to item NOTE No Change Switch Boxes or Electrical Enclosures, NOI, with or without covers, with or without cable terminals or fuse blocks or other fittings, but without fuses; Conduit Outlet Boxes or Junction Boxes or Cabinets, with or without fittings, see Note, item 62682; or Outlet Box Covers, other than outlet box plates; see Note, item 63162, in boxes, see Note, item 63161, 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 Switch Boxes or Electrical Enclosures, NOI, with or without covers, with or without cable terminals or fuse blocks or other fittings, but without fuses; Conduit Outlet Boxes or Junction Boxes or Cabinets, with or without fittings, see Note, item 62682; or Outlet Box Covers, other than outlet box plates; steel, etc.... Cancel; see item NOTE Cancel; no further application NOTE Cancel; no further application. Analysis Research Project 1135 This proposal is based on information developed through Research Project 1135, which was initiated by the CCSB in July 2011 in response to indications that the current classification provisions of item 63170, for steel switch boxes or electrical enclosures, conduit outlet boxes or junction boxes or cabinets, or outlet box covers, might not be reflective of the commodities transportation characteristics. In September, and for those that did not respond, in November of 2011, 329 potential manufacturers or shippers, and five trade associations believed to represent those companies, were sent commodity questionnaires. Of the companies contacted, 18 responded that they do not manufacture or ship these articles, two companies indicated that they do not ship via less-than-truckload (LTL), and 15 companies provided Subject 2, Page 2 of 6

19 SUBJECT 2 information; however, not all the information was usable. Of the five associations contacted, the National Electrical Manufacturers Association (NEMA) responded and agreed to forward the questionnaire to its membership. Additional information of record for this proposal was developed through carrier-submitted Shipment Information Forms and the CCSB s Density Study 1. History of Provisions Docket , Subject 8 (May 2003) sought to amend the provisions of item to provide density-based classes on electrical enclosures of all material consists. Interested shippers objected to the inclusion of steel-fabricated electrical enclosures in the density-based provisions. In light of this shipper opposition, consideration of that proposal was referred to the next meeting. At the subsequent meeting, the density-based provisions were approved as modified. However, the effective date was extended to give interested shippers sufficient time to draft a counterproposal and have it considered before the changes would take effect. In response, interested shippers docketed a proposal Docket , Subject 18 (November 2003) that would establish a new item for steel electrical enclosures at a class 70, and concurrently amend item to provide the density-based classes but to restrict the item s application to other than steel. Information on that record showed little to no negative handling, stowing or liability considerations for the involved articles. The steel products ranged in density from 0.55 to pcf, with an average of pcf. The densities of the products constructed from other materials fell within this range. That proposal was approved as docketed. The new item (63170) was established, and two new Notes (items and 63172) were also added for clarification purposes. Those changes first appeared in Supplement 1 to NMF 100-AD, effective January 24, 2004, and the provisions have remained unchanged to the present. About Steel Electrical Enclosures Item applies on a variety of steel-fabricated electrical enclosures, including switch boxes and junction boxes. These same products, constructed from all other materials, are named in item Examples of the steel products are pictured below. 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 2, Page 3 of 6

20 % of Figures in Interval CCSB DOCKET SUBJECT 2 Transportation Characteristics Density The information of record for steel articles includes 8,676 density observations. The figures range from 0.08 to pcf, with a simple average density of pcf. As the below frequency distribution graph illustrates, the figures are distributed throughout the range. It is also noted that over 84% of the density observations are under 15 pcf. Frequency Distribution 25.00% 24.09% 20.00% 16.04% 16.53% 16.86% 15.00% 10.00% 10.44% 9.61% 5.00% 0.00% 0.02% 0.05% 0.28% 2.47% 3.61% Density Intervals (pcf) The following table compares the densities of steel products under item to those of other materials, including aluminum and plastic, under item Density observations culled from the CCSB s Density Study on item show a density range comparable to that of item While steel electrical enclosures are generally heavier, the closeness of the average densities reveals that the extent of this difference is minimal. Item No. Density Range (pcf) Average Density (pcf) to to The provisions of item 63160, which assign classes based on the CCSB s standard 11- subprovision full density scale, apply on the same commodities as item 63170, but constructed from materials other than steel. When these items are combined, as depicted on page 5, the overall frequency distribution of 14,334 figures is comparable to the above frequency distribution for item Subject 2, Page 4 of 6

21 % of Figures in Interval CCSB DOCKET SUBJECT 2 Combined Frequency Distribution 25.00% 20.00% 15.00% 20.43% 18.89% 15.15% 18.03% 10.00% 9.18% 8.97% 5.00% 0.00% 0.06% 0.24% 3.91% 2.18% 2.96% Density Intervals (pcf) Handling These products are generally shipped in fiberboard boxes with or without interior packaging and may be shipped on lift truck skids or pallets. No significant handling concerns are identified. Stowability No unusual stowability issues are indicated. Liability There is no indication of any unusual liability considerations. Steel electrical enclosures are not perishable, prone to spontaneous combustion or explosion, unusually susceptible to theft, unusually liable to damage or likely to damage other freight. A limited amount of information on the value of steel electrical enclosures shows a range from $1.18 to $10.19 per pound, with an average of $4.68 per pound. Shipper-provided information also indicates a limited number of claims per year. Relationship to CCSB Policies and Guidelines CCSB policy calls for provisions to reflect a commodity s known transportation characteristics. The information of record for steel electrical enclosures, as named in item 63170, shows a density range from 0.08 to pcf, with an average density of pcf. This is inconsistent with the currently assigned class 70, which under CCSB density guidelines, calls for a minimum average density of 15 pcf. Furthermore, as shown on page 4, the information indicates that the density observations of record are widely distributed throughout the range, and over 84% of the figures are lower than 15 pcf. Given the like-nature of the commodities, similar density range and lack of any significant handling, stowing or liability concerns, canceling item with reference to the density-based provisions of item would be consistent with CCSB policy and precedent. Subject 2, Page 5 of 6

22 SUBJECT 2 Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. Subject 2, Page 6 of 6

23 SUBJECT 3 Re: Electrical Controllers Packaging Staff Contact: Erin N. Topper Telephone (703) topper@nmfta.org Proponent: The Nelson Company, Baltimore, Maryland Present Classification Provisions Item Description Class ELECTRICAL EQUIPMENT GROUP: subject to item NOTE Not Involved Controllers or Controller Parts, NOI, other than plastic, see Notes, items and 61482, in boxes, crates or Package Not Involved NOTE Not Involved. Proposed Classification Provisions Item Description Class ELECTRICAL EQUIPMENT GROUP: subject to item NOTE No Change Controllers or Controller Parts, NOI, other than plastic, see Notes, items and 61482, in boxes, crates or Packages 2345 or NEW.No Change NOTE No Change. Package NEW (1) ARTICLES: Electrical controllers may be shipped palletized with vertical corner posts and honeycomb pads positioned and maintained with stretch wrap plastic film. (2) EXTERIOR PACKAGING: Article must be secured to a two-way entry wood pallet, meeting all requirements set forth in Item 265, with a minimum of three carriage bolts. (3) INTERIOR PACKAGING: (a) A minimum of three honeycomb pads having a thickness of not less than 8 inches must be secured to article. (i) One pad must be placed on top edge of the front of article, and another must be placed on top edge of the rear. (ii) Additional pad(s) must be placed on front or rear of article to protect handles and as space permits. (b) Full-height L-shaped fiberboard corner posts must be positioned at each vertical corner of article. Corner posts must extend 3 inches in each direction. (4) PLASTIC FILM REQUIREMENTS: (a) Article must be wrapped in plastic film prior to application of pads and corner posts. (b) Entire article must then be wrapped in another layer of plastic film to secure pads and corner posts in place. (5) MARKINGS: Strap the Unit Top and Bottom to Trailer Wall, Do Not Nail Pallet to Trailer Floor, Top Heavy and other precautionary markings, as applicable, must be on at least two sides of the packaged article. (See Item 682.) Subject 3, Page 1 of 3

24 SUBJECT 3 Analysis This proposal was submitted by The Nelson Company to add a new numbered package for electrical controllers, NOI, as named in item The proponent has been working with a large manufacturer of electrical controllers to reduce their damage by improving their packaging and believes the new packaging and handling requirements mitigate the chance for damage, as well as the cost of any damage sustained. About Electrical Controllers An electrical controller is a device or group of devices that serves to govern electric motor(s) by regulating voltage or amperage. The motor controller will have differing features and complexity depending on the task that the motor will be performing. Examples of electrical controllers are shown below. Proposed Package Design The proposed package design has been successfully tested in accordance with Item (Rule) 180 and certified as such for three controller units that vary only in size. Since the package does not currently comply with the minimum packaging requirements specified in item (in boxes, crates or Package 2345), the Item 180 certification of the packaged product supersedes these requirements. Since the controllers are often tall, thin and top-heavy, and can easily tip over during transit, the proposed package requires a controller to be secured to a two-way entry wood pallet with a minimum of three carriage bolts. Additionally, the manufacturer instructs the carrier to strap the units to the trailer wall during transit to prevent tipping. To protect the controllers, they are wrapped in plastic film prior to the application of honeycomb pads and full-height corner posts, and the pads and corner posts are then secured in place using another layer of plastic film. Photos of the packaging are shown on page 3. Subject 3, Page 2 of 3

25 SUBJECT 3 The manufacturer has been successful in real-world use of the package. Within the past six months, they have shipped over 6,000 units with the new package design. Only seven units have tipped over during transit due to insufficient restraints, and many of those units sustained no damage. Of the units that were damaged, the cost to repair was under $500. Therefore, the proponent and manufacturer believe the new packaging and handling requirements increase safety, while decreasing damage costs and claims. Relationship to CCSB Policies and Guidelines CCSB policies call on the CCSB to establish and maintain packaging specifications to ensure that freight is adequately protected in the motor carrier environment, and can be handled and stowed in a manner that is reasonably safe and practicable. Prospective packaging materials or methods are deemed to be consistent with CCSB packaging policies when they are demonstrated to be as good as, or better than, currently authorized materials or methods. The proponent s design would provide additional protection to the electrical controllers based on the successful testing through Item 180 and real-world shipments. Therefore, it would be in keeping with CCSB policies and precedent to authorize the new package design, as proposed. Subject 3, Page 3 of 3

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27 SUBJECT 4 Re: Pipe, Tubing, or Pipe or Tubing Fittings, brass, bronze or copper Staff Contact: Erin N. Topper Telephone (703) topper@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class CONDUITS, OTHER THAN EARTHEN, GROUP: Articles consist of Conduits, Pipe, Smokestacks, Tubing or Fittings, other than clay, concrete or earthen, see Note, item 50752, as described in items subject to this grouping NOTE Pipe, tubing, or pipe or tubing fittings having surfaces liable to damage must be in boxes, crates, fiberboard tubes, or completely wrapped with material of sufficient strength to prevent abrasion, marring or denting during transit. Threaded or machined ends liable to damage must be protected with plugs or caps securely held in place and be made of materials of sufficient strength to prevent damage Pipe Connections or Pipe Joints, brass, bronze or copper, not plated, see Notes, items and 51432, in bags, boxes or drums NOTE Applies only on articles serving no purpose other than to connect pipe. Pipe Fittings, NOI: subject to item Copper, brass or bronze, not plated, see Note, item 51434, in bags, boxes or drums NOTE Will apply on gaskets or washers not in excess of the equipment for pipe fittings which they accompany NOTE Also applies on fittings, lead covered or lead or tin lined Pipe or Tubing, brass or copper, solder coated, straight or bent shapes, with or without couplings, ferrules or nipples, in packages Pipe or Tubing, brass, bronze or copper combined with iron or steel pipe or tubing, insulated and iron jacketed, with or without outside insulation or iron collars, see Note, item Pipe or Tubing, brass, bronze or copper, insulated and covered with metal foil or sheet, see Note, item 51872, in boxes or crates Pipe or Tubing, brass, bronze or copper, insulated and iron jacketed, with or without outside insulation or iron collars, see Note, item NOTE Will also apply on accompanying connector articles and pipe supports necessary for installation not to exceed 5 percent of the weight on which charges are assessed Pipe or Tubing, brass, bronze or copper, covered or lined with iron or steel, in packages Pipe or Tubing, brass, bronze or copper, NOI; loose only if weighing each 50 pounds or over, or in packages Tubing, flat, heating or cooling radiator core, copper, brass or bronze, solder coated, in straight lengths, in packages Subject 4, Page 1 of 8

28 SUBJECT 4 Proposed Classification Provisions Item Description Class CONDUITS, OTHER THAN EARTHEN, GROUP: subject to item NOTE No Change Pipe Connections or Pipe Joints, brass, bronze or copper, not plated, etc... Cancel; see item A-NEW NOTE Cancel; no further application. Pipe Fittings, NOI: subject to item Copper, brass or bronze, not plated, etc... Cancel; see item A-NEW NOTE No Change NOTE Cancel; no further application Pipe or Tubing, brass or copper, solder coated, straight or bent shapes, with or without couplings, ferrules or nipples, etc... Cancel; see item A-NEW Pipe or Tubing, brass, bronze or copper combined with iron or steel pipe or tubing, insulated and iron jacketed, with or without outside insulation or iron collars, etc... Cancel; see item A-NEW Pipe or Tubing, brass, bronze or copper, insulated and covered with metal foil or sheet, etc... Cancel; see item A-NEW Pipe or Tubing, brass, bronze or copper, insulated and iron jacketed, with or without outside insulation or iron collars, etc... Cancel; see item A-NEW NOTE Cancel; no further application Pipe or Tubing, brass, bronze or copper, covered or lined with iron or steel, etc... Cancel; see item A-NEW Pipe or Tubing, brass, bronze or copper, NOI, etc... Cancel; see item A-NEW A-NEW Pipe, Tubing, or Pipe or Tubing Fittings, brass, bronze or copper, combined or not combined with other materials, NOI, in packages, see Note, item B-NEW: 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 B-NEW NOTE Greatest dimension refers to the longest straight-line dimension of the handling unit as tendered for shipment Tubing, flat, heating or cooling radiator core, copper, brass or bronze, solder coated, in straight lengths, etc... Cancel; see item A-NEW Subject 4, Page 2 of 8

29 SUBJECT 4 Analysis Research Project 1129 Research Project 1129 on brass, bronze or copper pipe, tubing, or pipe or tubing fittings was initiated in June of 2011 to review the nine items that currently apply on these commodities and determine the transportation characteristics of the involved products. In conjunction with the project, questionnaires were mailed to 428 potential shippers or manufacturers of brass, bronze or copper pipe, tubing, or pipe or tubing fittings and to 11 associations believed to represent those shippers or manufacturers, in June, and for those that did not respond, in August of From those mailings, usable information was received from three companies; five companies did not provide usable data; two responded that they do not ship their products via less-than-truckload (LTL) motor carrier; and 36 reported that they do not ship or manufacture these products. Of the associations contacted, two responded and reported that they do not represent these shippers or manufacturers. History of Provisions The current provisions for brass, bronze or copper pipe, tubing, and pipe or tubing fittings can be found in nine different items, which are based on exact material consist and/or type, and confusion often results and leads to numerous interpretation questions. It was found that some of these provisions first appeared in LTL-1, which became effective on April 1, Most of the provisions have remained substantially unchanged since they were originally adopted or established. About Pipe, Tubing, and Pipe or Tubing Fittings An interpretation problem exists between pipe, tubing and fittings. Some companies market their products as pipe, while others identify them as tubing or tubes, even though the products may appear identical. According to Wikipedia 1, In common usage the words pipe and tube are usually interchangeable, but in industry and engineering discipline the terms are uniquely defined Pipe is generally specified by a nominal diameter with a constant outside diameter (OD) and a schedule that defines the thickness. Tube is most often specified by the OD and wall thickness, but may be specified by any two of OD, inside diameter (ID), and wall thickness. While pipes are generally round, tubing can be round or square in shape. For classification purposes, the words pipe and tubing are generally interchangeable. Additional confusion lies with what is a fitting. A fitting 2 is defined as, A part used to join two sections of pipe [tube] or other fittings together. An example of a fitting is an elbow, bushing, or coupling. Small, straight lengths may be considered pipe or a fitting depending on their intended use. The photos on the next page are just a few examples of the different types of brass, bronze or copper pipe, tubing and fittings as tendered for shipment. 1 (accessed August 18, 2010) 2 (accessed August 26, 2010) Subject 4, Page 3 of 8

30 SUBJECT 4 Subject 4, Page 4 of 8

31 % of Figures in Interval CCSB DOCKET SUBJECT 4 Transportation Characteristics Density The information of record includes 507 density observations ranging from 0.91 to pcf, with an average of pcf. The frequency distribution below shows the figures are spread throughout the range, with the greatest concentration (approximately 52% of the figures) at 15 pcf or greater. Frequency Distribution 30% 26% 25% 20% 15% 10% 5% 0% 0% 7% 8% 7% 7% 6% 5% 7% 11% 15% Density Intervals (pcf) When the data is evaluated based on greatest dimension the following density ranges and averages are found. It should be noted that ranges overlap, and as the greatest dimension increases, the average density also increases. Density Range (pcf) Average Density (pcf) Greatest dimension exceeding 192 inches Greatest dimension exceeding 96 inches but not exceeding 192 inches Greatest dimension not exceeding 96 inches Handling The brass, bronze or copper pipe, tubing and fittings of record vary greatly in size, with reported lengths up to 300 inches (25 feet) and an average length of approximately 10 feet. As the length increases, the handling into and out of the vehicle becomes considerably more difficult, and certain equipment, or additional personnel, may be necessary to safely handle long shipments. 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 pipe or tubing. Subject 4, Page 5 of 8

32 SUBJECT 4 When attached to a lift truck skid or pallet the freight may be handled more readily with mechanical equipment, since there is clearance for the fork tines to get under and lift them. However, when the length exceeds 96 inches, even palletized shipments can be difficult to safely handle with mechanical equipment. The level of difficulty increases as the length of the article increases, even if fork extensions are available and used. Pipe or tubing tendered in bundles require extra care and attention during handling, as there is often no clearance under the bundle for fork tines. Stowability Fittings and shorter lengths of pipe or tubing may be tendered in boxes, often unitized on lift truck skids or pallets, while longer pieces may be tendered in boxes, bundles or crates, or on reels. When tendered in boxes or crates, or on reels oriented on the heads and unitized on pallets, the shipments generally provide a flat load-bearing surface. Excessively long pipe or tubing tendered in boxes, bundles or crates may be difficult to stow with other general freight and will typically require floor loading. When floor loaded, it may be difficult to stow adjacent freight, and those tendered in bundles do not provide a flat load-bearing surface, which reduces or complicates the carrier s ability to load freight on top and maximize vehicle utilization. Depending on the length of the package or handling unit, the carrier will have to ensure that the freight will fit in the vehicle. Liability Pipe, tubing or fittings may damage other freight if not stowed properly within the vehicle and may be at risk for some damage from handling, particularly when the greatest dimension exceeds 96 inches. In this regard, the Note, item requires pipe, tubing and fittings having surfaces liable to damage to be in boxes, crates or fiberboard tubes or to be completely wrapped to prevent abrasion, marring or denting during transit. The Note also requires threaded or machined ends liable to damage to be protected with plugs or caps. One carrier has reported a claims ratio of 19%, while another carrier has reported a claims ratio of only 0.05%. A third carrier that is unable to provide a claims ratio specific to these products noted that this freight is a problem commodity. One carrier reported that the claims it has experienced are the result of the ends being crushed or the walls being dented due to the material properties of copper, which can render the entire length unusable. One of the carriers noted the high value of copper, which is supported by numerous news reports of copper theft. These reports indicate that various copper articles are being stolen from warehouses, offices, homes and construction sites due to the value of the metal. Over the past few years, newspapers have reported numerous incidents of theft, ranging from $10,000 to over $500,000 per incident. On February 23, 2012, a Baltimore, Maryland, television station reported that the price [of copper] has skyrocketed more than 500 percent in the last decade. According to that same report, The FBI has called copper theft a threat to national security. Two shippers supplied value information in connection with Research Project 1129; one reported a value of $1.73 per pound, while the other reported a value of $65.75 per pound. Subject 4, Page 6 of 8

33 SUBJECT 4 Relationship to CCSB Policies and Guidelines The current provisions for brass, bronze or copper pipe, tubing, or pipe or tubing fittings are based on specific material consist and/or type, which leads to extensive interpretation difficulties and misclassification of products. Additionally, it has been found that the words pipe and tubing are generally interchangeable, and there is often a fine line between what is a pipe or tube and what is a fitting. CCSB policies state that classifications should reflect a commodity s known transportation characteristics. The information of record includes 507 density observations, which average pcf, with a range from 0.91 to pcf. Under CCSB guidelines, an average density of pcf would generally call for a class 70, absent any negative handling, stowing and liability considerations. However, as discussed in this analysis, pipe, tubing and pipe or tubing fittings exhibit significant negative handling, stowing and liability considerations. Specifically, it was found that greatest dimension has the most considerable effect on the transportability of these products, and as greatest dimension increases the issues increase exponentially. The table below identifies the resulting average densities, classes based on CCSB density guidelines and the proposed classes when the data is evaluated based on greatest dimension (in eight-foot increments). Greatest dimension exceeding 192 inches Greatest dimension exceeding 96 inches but not exceeding 192 inches Greatest dimension not exceeding 96 inches Average Density (pcf) Class Based on CCSB Density Guidelines Proposed Class Based on the information of record, as greatest dimension increases, average density increases and the more difficult the pipe, tubing, or pipe or tubing fittings are to handle and stow. The proposed classes account for the increasingly less-than-favorable handling, stowing as well as liability characteristics. Assignment of classes 85 and 100 to pipe, tubing and fittings having greatest dimension exceeding 96 inches in respective eight-foot increments reflects the increasingly significant handling, stowing and liability problems associated with those articles. CCSB policies state that commodities that are a source, or potential source, of interpretation disputes should be amended, classifications embracing related commodities should be combined, and classifications should reflect a commodity s known transportation characteristics. For these reasons, it would be in keeping with CCSB policy, as proposed, to cancel the current individual classifications with reference to a new item to apply on brass, bronze or copper pipe, tubing, or pipe or tubing fittings, combined or not combined with other materials, NOI. By combining the classifications into a single item, the potential for Subject 4, Page 7 of 8

34 SUBJECT 4 interpretation disputes is greatly mitigated, if not solved. Furthermore, as proposed, it would also be in keeping with CCSB policies to assign classes based on greatest dimension, with class assignments reflective of the respective less-than-favorable handling, stowing and liability considerations. Adding an attendant Note to be referenced by the new item stating, Greatest dimension refers to the longest straight-line dimension of the handling unit as tendered for shipment, would also be in keeping with CCSB policies respecting clarification. This proposal is in keeping with CCSB precedent. As a result of action taken on Docket , Subject 3 (May, 2011) the provisions of over 25 individual items applying on iron or steel pipe, tubing, or pipe or tubing fittings were canceled with reference to a new item (52190) based on greatest dimension as tendered for shipment. The proposal was approved as docketed, and the provisions first appeared in Supplement 2 to NMF 100-AK, effective July 23, This proposal, as docketed, is in keeping with CCSB policies and precedent. Subject 4, Page 8 of 8

35 SUBJECT 5 Re: Fuel Pumps or Fuel Senders, internal combustion engine Staff Contact: Donald A. Newell Telephone (703) newell@nmfta.org Proponent: Stern Industries, Inc., Baxter, Minnesota Present Classification Provisions Item Description Class MACHINERY GROUP: subject to item Pumps, fuel, or Fuel Pump Assemblies, internal combustion engine, in boxes or Packages 1241 or Proposed Classification Provisions Item Description Class MACHINERY GROUP: subject to item Pumps, fuel, or Fuel Pump Assemblies, including Fuel Senders, internal combustion engine, in boxes or Packages 1241 or 1273, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 6 but less than Sub 3 12 or greater Analysis Stern Industries submitted this proposal to address what they believe to be an inappropriate class associated with the applicable classification provisions for the products they receive. This proposal would amend item to establish three subprovisions based on density, with breaks at 6 and 12 pcf. The proponent purchases and receives fuel pumps, referred to as fuel senders, from the manufacturer. They install the fuel pumps/senders inside fuel tanks for snowmobiles and allterrain vehicles. The completed tanks, with mounted fuel pumps/senders, are then sold to the respective vehicle manufacturers. The proponent did contact the manufacturer of the fuel pumps/senders it receives regarding the classification issues in order to enlist them in this effort to amend the provisions of item The manufacturer was uninterested in participating. Subject 5, Page 1 of 6

36 SUBJECT 5 History of Provisions The provisions of item were established as a result of action taken on Subject 12 of Docket (June 2009). Densities observed in 2009 ranged from 1.40 to pcf, with a simple average density of 4.76 pcf. There were no significant negative handling, stowability or liability characteristics noted in the analysis, and density was deemed to be the controlling transportation characteristic. The provisions of item first appeared in Supplement 3 to NMF 100-AI, effective August 22, They have remained unchanged since that time. About Fuel Pumps (Fuel Senders) The proponent purchases two different models of fuel senders from the manufacturer. While both the manufacturer and the proponent call these products fuel senders, the proponent does acknowledge that they are in the nature of fuel pumps. The fuel senders, shown in photos below, are designed to be installed inside the fuel tanks for snowmobiles or all-terrain vehicles. They will send and control the flow of fuel to the engine. Subject 5, Page 2 of 6

37 % of Figures in Interval CCSB DOCKET SUBJECT 5 Transportation Characteristics Density The information of record includes data from the proponent, the CCSB Density Study 1, and Subject 12 of Docket It consists of 401 density observations ranging from 0.66 to pcf. The simple average density of these observations is 6.80 pcf. Data from the proponent consists of two density observations, one for each model of the product. The densities reported by the proponent are 8.21 and 8.56 pcf. The frequency distribution below represents all 401 density observations in the record. It shows a broad range of densities with the majority of the figures between 2 and 6 pcf. However, almost 40% of the observations are 6 pcf or greater. Frequency Distribution 40% 35% 30% 25% 20% 15% 10% 5% 0% 0% 1% 22% 37% 14% 13% 5% 2% 3% 1% 1% Density Intervals (pcf) The table below shows the result when the density data is divided into three density groups with breaks at 6 and 12 pcf. Density Group (pcf) Density Range (pcf) Density Average (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 5, Page 3 of 6

38 SUBJECT 5 Handling As the photo below shows, the product received by the proponent is shipped on a pallet of standard size and configuration. As received, the fuel senders are packaged in individual fiberboard cartons packed twelve to a master carton. The master cartons are loaded into what the proponent refers to as fiberboard gaylords. The gaylords appear to be equipped with a fiberboard cap. The full container is then wrapped in plastic film and banded to a wooden pallet. Additional information of record indicates that fuel pumps or fuel pump assemblies in general are shipped in fiberboard boxes that may be palletized for shipment. No unusual or significant negative handling considerations have been identified for shipments of these products. While the proponent s packages are marked with up arrows and an umbrella symbol for keep dry, there is no indication that these products in general present unusual or significant handling problems. Subject 5, Page 4 of 6

39 SUBJECT 5 Stowability Standard packaging for the proponent s products is of regular shape and provides a flat load-bearing surface. The pallets are stackable, as shown in the photo below. With regard to other fuel pumps, the record indicates that individual boxes or palletized shipments are also of a regular shape, and would generally provide a flat load-bearing surface for the stacking of other freight when loaded in carrier equipment. As with handling, the proponent s packages bear specific markings, but there is no indication that these products present significant difficulties for motor carriers when loading their equipment. Liability Fuel pumps/senders do not appear to be overly susceptible to damage. They are not subject to spontaneous combustion or explosion, are not prone to theft, and would not seem to be a danger to cause damage to other freight. The average value per pound of the products received by the proponent is $10.50, with one model being $9.58 per pound and the other being $11.41 per pound. The proponent reports zero claims filed for 29 shipments received in a one-year period. There are no apparent negative liability considerations. Subject 5, Page 5 of 6

40 SUBJECT 5 Relationship to CCSB Policies and Guidelines CCSB policies state that the classification of products should reflect the known transportation characteristics of those products. This proposal was docketed with the intent to amend the existing provisions of item to more accurately reflect the transportation characteristics of fuel pumps or fuel pump assemblies, including fuel senders. Based on 401 density observations in the record, these products have a density range from 0.66 to pcf, with an overall average density of 6.80 pcf. Under CCSB guidelines, the current class 200 is generally associated with a minimum average density of 4 pcf. The observed average density of 6.80 pcf is generally associated with class 150 under CCSB guidelines, which call for a minimum average density of 6 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. Evaluation of the data of record based on the proposed density breaks at 6 and 12 pcf results in average densities and classes as shown in the table below. Density Group (pcf) Density Range (pcf) Density Average (pcf) Guideline Class CCSB Density Guideline (pcf) Less than but less than or greater Since there are no apparent negative handling, stowing or liability characteristics, and the average densities for each density group meet CCSB guidelines, this proposal is in keeping with CCSB policies and guidelines. Subject 5, Page 6 of 6

41 SUBJECT 6 Re: Freight Carts, Trucks, Trailers or Wagons Staff Contact: Daniel E. Horning Telephone (703) horning@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class VEHICLES, OTHER THAN SELF-PROPELLED: subject to item Freight Carts, Trucks, Trailers or Wagons, horse drawn or trailer, NOI, with or without bodies or springs, wheels on or off, detachable shafts, poles or tongues detached: Sub 1 Completely KD, in packages Sub 2 SU, or other than completely disassembled, height of each vehicle as tendered for shipment, see Note, item , loose or in packages: Sub 3 Exceeding 44 inches Sub 4 Exceeding 34 inches but not exceeding 44 inches Sub 5 Not exceeding 34 inches NOTE Height refers to the height of the package when individual vehicles are so tendered, or to the height of the individual vehicle when not packaged. When two or more vehicles of the same size are securely bundled or packaged together, the term height, as used in this item, shall be the figure which is obtained by dividing the total height of the bundle or package by the number of vehicles in the bundles or package. Height shall be measured with the bed of the freight cart, truck, trailer or wagon parallel to the floor of the carrier s equipment. Proposed Classification Provisions Item Description Class VEHICLES, OTHER THAN SELF-PROPELLED: subject to item Freight Carts, Trucks, Trailers or Wagons, horse drawn or trailer, NOI, wheels on or off: Sub 1 In boxes or crates, 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 12 or greater Sub 5 Other than in boxes or crates, 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 12 or greater NOTE Cancel; no further application. Subject 6, Page 1 of 7

42 SUBJECT 6 Analysis Research Project 1142 Research Project 1142 was established to address interpretation difficulties revolving around the application of item Specifically, sub 1 provides for freight carts, trucks, trailers or wagons completely knocked down (KD), at class 85; in contrast, sub 2 provides for articles set up (SU), or other than completely disassembled, with three subordinate provisions and three different classes predicated on the height of the unit as tendered for shipment, which is defined and explained in Note, item The question then becomes, to what degree must an article be broken down above and beyond the normal or conventional threshold for KD if it must at all to qualify for completely KD. To a certain extent, some guidance is provided in Item (Rule) 110, Sec. 12, which defines the various forms of shipment 1, but the rule does not specifically provide for or address the terms completely KD or completely disassembled. These descriptions have led to a number of inquiries for clarification on the meaning or intent of the subprovisions involved. Further complicating matters is the fact that the language delineating the subprovisions is not consistent or complementary, i.e., sub 1 specifies completely KD while sub 2 reads SU, or other than completely disassembled. Carriers report that product shipments are frequently misdescribed, with shippers attempting to classify articles as KD (or completely KD) under the provisions of sub 1. Likewise, the CCSB has fielded numerous classification inquiries and has wrestled with whether or not products are completely taken apart and broken down. During the course of Research Project 1142, questionnaires regarding these products were sent to five associations and 302 potential manufacturers or shippers of freight carts, trucks, trailers or wagons in October, and a second to non-respondents, in December of Additional questionnaires were sent as the CCSB was made aware of other potential industry contacts. In response to our mail solicitations, two trade associations notified the CCSB that they do not represent manufacturers or shippers of freight carts, trucks, trailers or wagons. Twelve surveys were returned as undeliverable, 21 firms indicated that they do not ship the involved products, three companies responded affirmatively but did not provide usable information, five do not ship via LTL service, one survey letter was returned as unclaimed, while six shippers provided usable information. Additional information was received from member carriers and the CCSB Density Study 2. 1 Sec. 12. (a) SU (Set Up) means articles in their assembled condition or articles that are tendered for shipment disassembled, folded or telescoped but do not meet the conditions described in Sec. 12, paragraphs (b) through (d) Sec. 12. (c) KD (Knocked Down) means that an article must be taken apart, folded or telescoped in such a manner as to reduce its bulk at least 33 1/ 3 percent from its normal shipping cubage when set up or assembled. 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 6, Page 2 of 7

43 SUBJECT 6 History of Provisions The original provisions for freight carts, trucks, trailers or wagons were adopted from the rails in 1936 and provided for three separate classes at the equivalent of the height differential breaks published today without distinction as to whether shipments were SU or KD. A fourth provision, for completely knocked down at the equivalent of today s class 85, was established as a result of action taken on a shipper proposal, Docket 45, Subject 60 (March, 1950). The record reveals that articles were shipped without platforms, sides or tires as it was industry practice at the time for the consignee to supply these components. The change first appeared in Supplement 10 to NMFC No. 10, effective August 8, The sub 2 provision specifying SU, or other than completely KD, was added in Supplement 8 to NMFC A-2, effective March 8, 1955, as a result of action taken on Subject 9 of Docket 66 (November, 1954). Note, item was established as a result of action taken on Subject 14 of Docket 746 (November, 1974). This change, along with a wording amendment to sub 2, reading other than completely disassembled, were made in the interest of clarification and first appeared in Supplement 13 to NMF 100-B, effective October 3, Further refinements to the Note would follow to address and clarify how the height dimension is computed for both individual units and multiple units tendered together in bundles or other packages. About Freight Carts, Trucks, Trailers or Wagons Item applies on four different categories of vehicles (other than self-propelled), i.e., carts, trucks, trailers or wagons, that are designed to haul, convey, transport or otherwise move goods, materials or objects, whether over the road or not. As can be seen from the depictions below, they are constructed in a variety of different sizes, styles and configurations, and may be for general application or designed for a specific job or purpose. Cargo Trailer Hunting Cart ATV Utility Trailer Wagon Transportation Characteristics Density The information of record yields an overall density range from 0.63 to pcf, for an average of 9.16 pcf. The chart on the following page compares the frequency distribution of units shipped as SU with that of units shipped as completely KD. Subject 6, Page 3 of 7

44 % of Figures in Interval CCSB DOCKET SUBJECT 6 Frequency Distribution 30% 25% 20% 15% 10% 5% 0% 0% 0% 4% 30% 22% 23% 19% 0% 26% 13% 10% 8% 10% 6% SU KD 10% 7% 4% 4% 3% 1% 0% 0% Density Intervals (pcf) The table below provides an evaluation of the data based on the currently applicable provisions. Sub Description Density Range (pcf) Average Density (pcf) 1 Completely KD 2.03 to Height exceeding 44 inches 1.05 to Height exceeding 34 inches but not exceeding 44 inches 3.32 to Height not exceeding 34 inches 0.63 to As depicted in the table, the density ranges for subs 3, 4 and 5 overlap, and the average densities are comparable. Further, the evidence of record tends to show that the transportation characteristics do not change significantly based on any height variation. When the data is evaluated based on the proposed density groupings, the following ranges and averages emerge. Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than but less than or greater Subject 6, Page 4 of 7

45 SUBJECT 6 Handling Given the myriad offerings in styles and shapes, units may be tendered in a variety of ways that can have an impact on the carrier s ability to handle and secure shipments. These articles may be tendered in stand-alone boxes, in boxes secured on pallets, in crates, secured to a pallet without being boxed or crated, or loose. When tendered fully enclosed in a box or crate, handling would be similar to that of other like-packaged freight, with no unusual considerations. When presented in a manner other than in boxes or crates, these articles may present significant negative handling characteristics. When not fully enclosed, products may have exposed surfaces, edges or protrusions that may be damaged or may damage other freight and necessitate additional care and attention when handling. Also, some of the larger units have exhibited length and/or height factors over 96 inches; as the length/size increases, the handling into and out of the vehicle becomes increasingly more difficult, and certain equipment, or additional personnel may be necessary to safely handle long and heavy shipments. This would negatively affect cross-dock operations as well. Depictions of various shipping forms are shown below. Exposed trailer in pallet base frame In boxes banded to pallet Resting or secured on pallet Stowability When shipped enclosed in boxes or crates, these products are generally compatible with other freight and do not present any unusual or significant stowability problems. Subject 6, Page 5 of 7

46 SUBJECT 6 When shipped loose or exposed on pallets, these units may present stowing concerns due to the lack of regular load-bearing surfaces. And with assemblies weighing up to 500 pounds or more, most, if not all, will require floor loading. Moreover, the displacement of some units in an unpackaged condition has been shown to exceed 8 feet in length. In this regard, consideration must be given to stowing only compatible freight adjacent to these units, if damage is to be avoided. This can make the job of structuring a load more difficult and time consuming. Loose units tendered on wheels might require blocking and bracing to prevent excessive movement in transit. Liability Freight carts, trucks, trailers or wagons are not perishable, susceptible to theft or prone to spontaneous combustion or explosion. There is no evidence of an unusual claims problem nor has any data been developed regarding value per pound. However, when tendered loose or on pallets without being boxed or crated they may be susceptible to damage or more likely to damage adjacent freight. Relationship to CCSB Policies and Guidelines CCSB policy calls for the amendment of classifications for commodities that are a source, or potential source, of interpretation disputes. As previously mentioned, there are inconsistencies with the present provisions of item First, the involved provisions employ language that is not defined in the Classification, and second, the language delineating subprovisions is not consistent or complementary, i.e., sub 1 specifies completely KD while sub 2 reads SU, or other than completely disassembled. In addition, the term completely KD was established for articles shipped without platforms, sides or tires. There is no evidence to support the continued use of this restriction in today s environment as this form does not necessarily reflect current industry practice. The subprovisions delineated by height do not correlate to differences in transportation characteristics. CCSB policies state that unusual or significant stowing, handling or liability characteristics may warrant deviation from the density guidelines. Classification precedent has been to assign at least one class higher than that usually associated with density when these factors are unusual or significant. When transporting these commodities in boxes or crates, density appears to be the primary transportation characteristic exhibited. However, when they are shipped other than in boxes or crates, they may be more difficult to stow or handle, and they may be more vulnerable to damage and more likely to damage other freight. Establishing one set of classes predicated on density with density breaks at 6 and 12 pcf for units in boxes or crates, as proposed, would reflect the densities of the involved articles and would be consistent with CCSB policy. Establishing another set of classes with the identical density groupings, but one class higher than that associated with average density, for articles other than in boxes or crates, as proposed, would likewise be consistent with CCSB policy and precedent 3. This is demonstrated in the table on the following page. 3 In this regard, the CCSB has assigned classes predicated on packaging and density for materials handling machines, item (see Subject 11 of Docket (October, 2008)), and iron or steel tanks, item (see Subject 5 of Docket (June, 2010) and Subject 5 of Docket (September, 2011)). Subject 6, Page 6 of 7

47 SUBJECT 6 Density Group (pcf) Average Density in Group (pcf) Guideline Class One Higher Than Guideline Class Less than but less than or greater Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. Subject 6, Page 7 of 7

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49 SUBJECT 7 Re: Grabbers or Graspers, reach extending (Reach Extenders or Reachers) Staff Contact: George M. Beck Telephone (703) beck@nmfta.org Nathan D. Ripke Telephone (703) ripke@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class TOOLS, OR PARTS NAMED: subject to item Graspers or Reachers, arm extending, fruit or package, in boxes or crates Proposed Classification Provisions Item Description Class TOOLS, OR PARTS NAMED: subject to item Graspers or Grabbers, reach extending (Reach Extenders or Reachers), NOI, see Note, item NEW, in boxes or crates NEW NOTE Applies on hand tools, other than power, used to extend one s reach. Does not apply on dental, medical or surgical instruments. Analysis Research Project 1138 This proposal is based on information developed through Research Project 1138, which was initiated in August of 2011 as a result of interpretation questions involving products represented as reach extending graspers or grabbers, reach extenders or reachers. Herein these products will be referred to as reach extenders. There is confusion as to the specificity of the modifier fruit or package in the description of item , naming Graspers or Reachers, arm extending, fruit or package. Some shippers believe that since their products are not strictly represented as fruit or package reach extenders, the provisions of item do not apply to their commodities. Instead, they are moving their shipments of reach extenders under other items, including item 95190, hardware, NOI; item , kitchen hand tools, NOI, other than power, other than plastic; and item , hand tools, NOI, other than power, other than plastic. It is the CCSB s opinion that the modifier package be interpreted to include a broad spectrum of objects, and if a commodity is represented as a reach extender, its applicable classification provisions are found in item Subject 7, Page 1 of 4

50 SUBJECT 7 During the course of the research project, 46 potential shippers or manufacturers and seven associations believed to represent those shippers or manufacturers were contacted in November of 2011, and for those that did not respond, again in January of 2012, and were invited to participate in the research. From those mailings, five shippers or manufacturers responded stating that they ship the involved commodities, and four of them provided usable information. Two associations responded to the mailings, both of which stated they do not represent shippers or manufacturers of the involved commodities. History of Provisions The current provisions of item are the result of action taken on Docket 972, Subject 4 (April, 1997). That proposal was approved as docketed and increased the applicable class for reach extenders from an 85 to a 175. Information from that record indicated densities ranging from 3.87 to 8.35 pcf, with a simple average density of 5.79 pcf and no unusual handling, stowing or liability considerations. About Reach Extenders The involved products are hand-held devices composed of aluminum, plastic or a combination of both, and are used to extend an individual s reach. They generally consist of an arm (that may or may not fold) and handle, with a trigger on one end and a clamping mechanism on the other. The clamping mechanism and trigger are connected so that when the trigger is squeezed, the clamping mechanism constricts around an object. The manufacturers of these products customize the length of the arm and the size and shape of the clamping mechanism depending on its intended use. It should be noted that the involved commodities only encompass multipurpose reach extenders and do not include reach extending medical instruments. Examples of the involved commodities are shown in the pictures below and on the next page. Subject 7, Page 2 of 4

51 % of Figures in Interval CCSB DOCKET SUBJECT 7 Transportation Characteristics Density The information of record includes 38 density observations from known shippers and the CCSB s Density Study 1, ranging from 1.50 to pcf, with an average density of 4.84 pcf. The frequency distribution below shows that 55 percent of the figures fall within the 4 but less than 6 pcf interval. Frequency Distribution 60.00% 55.26% 50.00% 40.00% 30.00% 23.68% 20.00% 13.16% 10.00% 0.00% 0.00% 2.63% 2.63% 2.63% 0.00% 0.00% 0.00% 0.00% Density Intervals (pcf) 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 7, Page 3 of 4

52 SUBJECT 7 Handling and Stowability The involved products are shipped in boxes, which may or may not be tendered for shipment on lift truck skids or pallets. Handling would be comparable to that of other like-packaged freight. Although there is no indication of any unusual handling or stowability concerns, heavy freight should not be loaded on top of reach extenders to avoid damage. Liability Reach extenders are not perishable nor are they prone to spontaneous combustion or explosion. Information of record provided by shippers and member carriers reveals zero freight claims in the past year, indicating that these products are not unusually susceptible to theft or damage. A limited amount of information on the value indicates values per pound ranging from $1.00 to $5.00, with a simple average of $3.00 per pound. Relationship to CCSB Policies and Guidelines CCSB policy calls for establishing or amending classification provisions for commodities that are a source, or potential source, of interpretation disputes to eliminate or avoid those disputes. As mentioned, the interpretation of the modifier fruit or package in the description of item has created confusion for some Classification users. Information of record indicates that these products are most commonly referred to as reach extending graspers or grabbers, reach extenders or reachers. It has also been noted that these products can be used in a variety of applications and not just as fruit or package reach extenders. Amending the description of item to name Graspers or Grabbers, reach extending (Reach Extenders or Reachers), and adding the modifier NOI to avoid conflict with certain other items, such as item , Changers, light bulb, with or without telescoping extension pole, would be in keeping with CCSB clarification policy. The addition of a new explanatory Note referenced in item would further clarify that the provisions apply on hand tools, other than power, used to extend one s reach and do not apply on dental, medical or surgical instruments. CCSB policies also state that provisions should reflect a commodity s known transportation characteristics. Information of record shows that reach extenders range in density from 1.50 to pcf, with a simple average density of 4.84 pcf, and no unusual or significant handling, stowability or liability characteristics. An average density of 4.84 pcf is generally associated with a class 200 under the CCSB density guidelines, which call for a minimum average density of 4 pcf. Amending the class in item to a 200 would be in keeping with CCSB policy and guidelines. This proposal, as docketed, is in keeping with CCSB policy and guidelines. Subject 7, Page 4 of 4

53 SUBJECT 8 Re: Insulation or Insulating Material Staff Contact: Nathan D. Ripke Telephone (703) ripke@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class INSULATION OR INSULATING MATERIAL GROUP: subject to item Barriers, Shields, Windows or Glass Window Lights or Blocks, radiation shielding, with or without frames, in boxes or crates or on lift truck skids or pallets, 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 Shipments must have protruding parts adequately protected from possible damage or such parts must be detached and separately boxed Insulation or Insulating Material, viz.: Felt or Felt Paper; Fire Blocking or Sound Attenuation Material, consisting of glass fibers and unexpanded vermiculite, in sheet form, cut, grooved or bent; Insulation or Insulating Material, NOI, see Note, item ; Mineral Wool (Rock, Slag or Glass Wool) or Synthetic Vitreous Fiber; Sleeves or Hollow Shapes, mold riser, exothermic compound; Sound Deadening Material, NOI; 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 3 but less than Sub 4 6 but less than Sub 5 9 but less than Sub 6 12 but less than Sub 7 15 or greater NOTE When shipments weigh 10,000 pounds or more, provisions also apply on materials necessary for installation not to exceed 33 1 /3 percent of the weight upon which charges are assessed. Subject 8, Page 1 of 8

54 SUBJECT 8 Present Classification Provisions Concluded Item Description Class INSULATION OR INSULATING MATERIAL GROUP: subject to item Laminated Wood Fiber, sheeted, NOI: Sub 1 Machine pressed, in bales, boxes or rolls Sub 2 Other than machine pressed, in packages Silencers or Sound Traps, air duct, sheet steel or sheet steel and insulating material combined, in boxes or crates or on skids, 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 or greater Vegetable Fiber Felt, NOI, quilted, in packages THIS SPACE INTENTIONALLY LEFT BLANK Subject 8, Page 2 of 8

55 SUBJECT 8 Proposed Classification Provisions Item Description Class INSULATION OR INSULATING MATERIAL GROUP: subject to item Barriers, Shields, Windows or Glass Window Lights or Blocks, radiation shielding, etc... Cancel; see item NOTE Cancel; see item NEW Insulation or Insulating Material, viz.: Barriers, Shields, Windows or Glass Window Lights or Blocks, radiation shielding, with or without frames, see Note, item NEW; Felt or Felt Paper; Fire Blocking or Sound Attenuation Material, consisting of glass fibers and unexpanded vermiculite, in sheet form, cut, grooved or bent; Insulation or Insulating Material, NOI; Mineral Wool (Rock, Slag or Glass Wool) or Synthetic Vitreous Fiber; Silencers or Sound Traps, air duct, sheet steel or sheet steel and insulating material combined; Sleeves or Hollow Shapes, mold riser, exothermic compound; Sound Deadening Material, NOI; 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 Cancel; no further application. NEW NOTE Shipments must have protruding parts adequately protected from possible damage, or such parts must be detached and separately boxed Laminated Wood Fiber, sheeted, NOI, etc... Cancel; believed to be obsolete Silencers or Sound Traps, air duct, etc... Cancel; see item Vegetable Fiber Felt, NOI, quilted, etc... Cancel; believed to be obsolete Subject 8, Page 3 of 8

56 SUBJECT 8 Analysis Research Project 1133 This proposal is based on information developed through Research Project 1133 on insulation or insulating material. During the course of Research Project 1133, 536 potential shippers or manufacturers of insulation or insulating material and 43 associations believed to represent those shippers and manufacturers were contacted in August, and for those that did not respond, again in October of 2011, and invited to participate in the research. From those mailings, 40 companies responded that they do not ship insulation or insulating material, while 33 companies responded stating they ship the involved commodities, with 10 providing usable information. None of the 43 associations provided usable information; however, 11 reported that they do not represent shippers or manufacturers of insulation or insulating material. One association forwarded the questionnaire to its membership. Additional information was developed through carrier-submitted Shipment Information Forms, CCSB dock surveys and the CCSB s Density Study 1. History of Provisions The current full-scale density-based provisions of item were established as a result of action taken on Docket , Subject 3 (November, 2004) and first appeared in Supplement 1 to NMF 100-AE, effective January 22, Information from that record showed that shipments of the involved radiation shielding barriers, shields, windows or glass window lights or blocks ranged in density from 1.89 to pcf, with a simple average density of pcf. Modified density-based provisions for insulating material, NOI, named in item , were established as a result of action taken on Docket No. 79, Subject 26 (June, 1957) and first appeared in Supplement 23 to NMFC No. A-4, effective July 2, Information from that record revealed shipment densities ranging from 3 to 21 pcf, with a simple average of 8 pcf. An additional subprovision, for densities less than 1 pcf, was added to the item as a result of action taken on Docket 761, Subject 72 (January, 1976) to establish more appropriate classes for the commodities having densities of less than 3 pcf. That proposal was approved as modified, and those changes first appeared in Supplement 7 to NMF 100-C, effective August 16, These density provisions have remained substantially unchanged to the present. The full-scale density-based provisions of item were established as a result of action taken on Docket 898, Subject 15 (December, 1989) and first appeared in Supplement 9 to NMF 100-P, effective February 17, That record indicated shipment densities ranging from 2.37 to pcf, with a simple average density of 7.90 pcf and no significant stowing, 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 4 of 8

57 SUBJECT 8 handling or liability concerns. Values per pound on that record ranged from $5.08 to $5.50 (in dollars). The provisions for sheeted laminated wood fiber insulating material, NOI, as named in item , first appeared in Supplement No. 7 to NMFC No. 2, effective July 20, 1937 to remain competitive with the rails and have remained substantially unchanged to the present. The provisions for quilted vegetable fiber felt insulating material, NOI, as named in item , were adopted from the rails in 1936 at a rating equivalent to a class 200. As a result of action taken on Special Docket No. 1 (issued July 20, 1949), the current class 300 was assigned to remain competitive with the rails. That change first appeared in NMFC A-1, effective July 10, 1952, and the provisions have remained substantially unchanged to the present. About Insulation or Insulating Material Insulation and insulating material may be used in a variety of applications to reduce unwanted heat loss or gain, reduce the intensity of sound, resist the flow of electric currents, or shield from radiation exposure. These products are made from a wide variety of materials. Examples of these products tendered for shipment are shown below. Subject 8, Page 5 of 8

58 % of Figures in Interval CCSB DOCKET SUBJECT 8 Transportation Characteristics Density The information of record contains 17,420 density observations ranging from 0.06 to pcf, with an average density of 7.97 pcf. The frequency distribution below shows the figures are distributed throughout the density range with a substantial percentage of figures exceeding 20 pcf. Frequency Distribution 30% 25% 26% 23% 20% 15% 10% 5% 1% 7% 14% 8% 5% 5% 6% 2% 3% 0% Density Intervals (pcf) When the data is analyzed based on the applicable item, as reported, the following density ranges and averages are calculated. Item Density Range (pcf) Average Density (pcf) to to to Stowability Insulation or insulating material is shown to be tendered for shipment wrapped in plastic film or in boxes on lift truck skids or pallets, in rolls in plastic bags, in 5-gallon pails, or in boxes not on pallets. Boxed freight may present fewer stowability issues than other packagings, but there is no evidence on this record of unusual or significant problems. Although there is no indication of any unusual or significant stowing considerations, heavy freight should not be loaded on top of insulation or insulating material to avoid damage. Handling A few shipments were labeled, Do Not Puncture or Keep Dry, however, handling should generally be comparable to that of other like-packaged freight. Liability Insulation or insulating material is not perishable nor is it prone to spontaneous combustion or explosion. There is no indication that insulation or insulating material is unusually susceptible to theft, liable to damage or likely to damage other freight with which transported. Information of record from shippers representing up to 70 percent of their respective markets Subject 8, Page 6 of 8

59 SUBJECT 8 indicates zero to 12 claims annually. This limited information does not indicate an unusual claims issue. A limited amount of information indicates the value per pound ranges from $1.07 to $24.00, with a simple average of $8.64 per pound. One member carrier reported a claims ratio of 0.18 % for shipments moving under item , well below the 1% threshold considered typical for LTL freight operations. Items and There is no indication in the CCSB files or through Internet searches that sheeted laminated wood fiber insulation, as named in item , or quilted vegetable fiber felt insulation, as named in item , are still moving via motor carrier today. Therefore, the provisions of items and may be obsolete. Note, Item Note, item is referenced by item and provides an exception that states, when shipments weigh 10,000 pounds or more, the provisions will also apply on materials necessary for installation not to exceed 33 1 /3 percent of the weight upon which charges are assessed. This exception applies essentially on truckload shipments and may be difficult to accurately apply and enforce. Relationship to CCSB Policies and Guidelines CCSB policies state that the Classification should provide uniformity in provisions addressing the same or similar circumstances published in conjunction with different items. Currently, items , and under the Insulation or Insulating Material Group assign classes based on varying density scales. The table below shows the three density-based items and their density range and current density scale. Item Density Range (pcf) Current Density Scale to CCSB-Standard 11-sub to Modified 7-sub to CCSB-Standard 9-sub The information of record includes 17,420 density observations on insulation or insulating material ranging from 0.06 to pcf, with an average density of 7.97 pcf. CCSB policies state that when commodities exhibit a wide range in density that is not accurately reflected by a single class, density-based provisions may be established, especially when there are no unusual or significant stowability, handling or liability concerns. And when the densities are distributed throughout the range and a substantial percentage of the figures exceed 20 pcf, classes based on the CCSB s standard 11-subprovision density scale may be assigned. Such an approach was taken on Docket , Subject 4 (January, 2011), involving item 61700, naming electrical appliances or instruments, NOI. That was a proposal to establish the 11-subprovision density scale within the Electrical Equipment Group for the involved commodities. Information on that record included 30,522 density observations ranging from 1.00 to pcf, with a simple average density of 9.58 pcf, a substantial percentage of figures Subject 8, Page 7 of 8

60 SUBJECT 8 exceeding 20 pcf, and no unusual or significant stowability, handling or liability considerations. Action on that proposal was deferred to Docket (May, 2011) when it was approved as docketed. The amended provisions first appeared in Supplement 2 to NMF 100-AK, effective July 23, Cancelling items and with reference to item , and amending item by establishing classes based on the CCSB s standard 11-subprovision density scale, as proposed, is in keeping with CCSB policy and precedent. Concurrently naming Barriers, Shields, Windows or Glass Window Lights or Blocks, radiation shielding, and Silencers or Sound Traps, air duct, within the viz. listing under item would be in keeping with CCSB clarification policies. Cancelling Note, item and concurrently reestablishing it as a new Note referenced by item would also be in keeping with CCSB policies. CCSB policies also call for the removal of obsolete provisions in the interest of clarification and simplification. Cancelling items and as obsolete, as proposed, is in keeping with CCSB policy. Finally, Note, item applies essentially on truckload shipments and may be difficult to apply correctly and enforce. Cancelling it with no further application, as proposed, is in keeping with CCSB policies. Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. Subject 8, Page 8 of 8

61 SUBJECT 9 Re: Silica Gel, including Silica Gel Catalyst or Desiccants Staff Contact: Nathan D. Ripke Telephone (703) ripke@nmfta.org Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class CHEMICALS GROUP: subject to item Silica Gel, including Silica Gel Catalyst or Desiccants, in bags, boxes or drums Proposed Classification Provisions Item Description Class CHEMICALS GROUP: subject to item Silica Gel, including Silica Gel Catalyst or Desiccants, in bags, boxes, drums or pails, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 10 but less than Sub 3 15 or greater Analysis This proposal is based on information developed during Research Project The project was established on desiccants based on reports that shipment densities may be inconsistent with CCSB guidelines for the applicable class. Research Project 1130 During the course of Research Project 1130, 125 potential shippers or manufacturers of desiccants and 10 associations believed to represent those shippers and manufacturers were contacted in July, and for those that did not respond, again in September of 2011, and invited to participate in the research. From those mailings, seven companies stated they ship desiccants via LTL carrier, albeit only three provided usable information. Twelve additional companies stated they do not ship or manufacture desiccants. None of the associations provided usable information, although two associations responded that they do not represent shippers or manufacturers of desiccants. It should be noted that the research was originally intended to include desiccants of all compositions; however, no significant information was obtained on desiccants other than silica gel. Subject 9, Page 1 of 5

62 SUBJECT 9 The applicable provisions for silica gel desiccants are found in item 46050, naming Silica Gel, including Silica Gel Catalyst or Desiccants. Further review of item indicates that silica gel may be represented and sold based on its intended use, e.g. as a catalyst or desiccant; however, its compositional characteristics remain essentially unchanged. Therefore, shipments moving under item in the CCSB Density Study 1 are included on this record. Additional information was developed through carrier-submitted Shipment Information Forms. History of Provisions Provisions for Silica Gel or Silica Gel Catalyst first appeared in Supplement 15 to NMFC No. 6, effective April 5, 1943, at a rating equivalent to the current class 70, to remain competitive with the rails. Those provisions remained substantially unchanged until action was taken on Subject 7 of Docket 908 (December, 1990) to add the term Desiccants to the item description in the interest of clarification. That proposal was approved as docketed, and the change first appeared in Supplement 7 to NMF 100-Q, effective February 16, The provisions have remained substantially unchanged to the present. About Desiccants A desiccant is an adsorbent that draws moisture from the air onto the surface of its pores to protect the local area from damage and/or spoilage. Industrial or commercial uses for desiccants include the prevention of corrosion to electronics, mold and mildew development on clothing and footwear, and the perishing of food. Porous adsorbents such as activated clay, silica gel and molecular sieve attract moisture by physical adsorption, while chemisorbents, such as calcium oxide and calcium sulfate allow absorption to occur as a result of a chemical bond 2. Each desiccant, depending on composition, varies in adsorption capacity, adsorption rate and temperature at which its integrity is compromised. Silica gel is a synthetic desiccant manufactured from sodium silicate. Its interconnected pores form a vast surface area that allows the desiccant to adsorb water up to 40 percent of its weight. Similar to clay, silica gel is extremely efficient at temperatures below 77 degrees Fahrenheit; however, its adsorbing integrity is jeopardized once it exceeds that threshold. Silica gel s nontoxic, noncorrosive nature coupled with US government approval for use in food and drug packaging makes it a popular choice among shippers in those industries. 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 (accessed June 8, 2011) Subject 9, Page 2 of 5

63 % of Figures in Interval CCSB DOCKET SUBJECT 9 It is not always possible to distinguish between silica gel desiccants and silica gel intended for other uses. Consequently, all silica gel is classified in item 46050, which this proposal seeks to amend. And the information of record relates to item 46050, including, but not limited to, silica gel desiccants. Transportation Characteristics Density The information of record includes 1,133 density observations, ranging from 4.05 to pcf, with an average density of pcf. The wide range in densities is believed to be the result of the various ways this material is tendered for shipment. The frequency distribution below shows the densities are distributed throughout the range, but the data can be divided into three density groupings of less than 10 pcf, 10 but less than 15 pcf and 15 pcf or greater. Frequency Distribution 25% 20% 15% 10% 5% 0% 0% 0% 0% 5% 10% 14% 17% 15% 23% 9% 7% Density Intervals (pcf) When the data is evaluated based on the proposed density intervals, the following ranges and averages emerge. Density Group (pcf) Density Range (pcf) Average Density (pcf) % of Figures in Group Less than but less than or greater Handling & Stowability Silica gel may be shipped in bulk in bags, boxes, drums or pails, or in individual packs, e.g. Tyvek packs, in boxes, drums or pails. Shipments may or may not be tendered to the carrier on lift truck skids or pallets. Desiccants must be handled and stored in a cool, dry area to assure the integrity of its adsorbing capacity; however, information of record indicates no significant handling or stowability concerns. Subject 9, Page 3 of 5

64 SUBJECT 9 Examples of how silica gel desiccants are tendered for shipment are shown below. Liability In the fresh, unused state, silica gel is not flammable or susceptible to spontaneous combustion or explosion and is not classified as hazardous or dangerous in the meaning of transport regulation. Silica gel is not prone to pilferage, and the value per pound ranges from $1.50 to $8.33, with an average of $4.84 per pound. Limited information from carriers indicates zero claims on silica gel, while one shipper reported less than three claims annually. Relationship to CCSB Policies and Guidelines CCSB policies state that the classification of commodities should reflect the known transportation characteristics of those products. Research Project 1130 was initiated due to reports of shipments of desiccants that had densities inconsistent with the current class. The 1,133 density observations of silica gel, including silica gel catalyst or desiccants, on the current record range from 4.05 to pcf, with a simple average density of pcf. An average density of pcf is consistent with the current class 70, which calls for a minimum average density of 15 pcf, according to the CCSB s density guidelines. However, CCSB policies further state that when commodities exhibit a wide range in density that is not accurately reflected in a single class, density-based provisions may be established. Subject 9, Page 4 of 5

65 SUBJECT 9 Further analysis of the data reveals a more representative approach can be taken by considering provisions based on the density groupings and class assignments listed in the table below. Density Group (pcf) Average Density (pcf) Guideline Class Density Guideline (pcf) Less than but less than or greater A similar approach was taken on Docket , Subject 7 (May, 2011), when density intervals at less than 6 pcf, 6 but less than 12 pcf, and 12 pcf or greater were assigned to metal or wood desks, NOI, named in item under the Furniture Group. Information on that record included 4,147 density observations spread throughout the distribution, ranging from 0.97 to pcf, with an average density of 9.15 pcf and no significant handling, stowability or liability concerns. Amending item to include three density intervals based on the known density ranges and averages on the current record is in keeping with CCSB policy and precedent. Furthermore, CCSB policy calls for establishing and maintaining packaging specifications as necessary to ensure that freight is adequately protected in the motor carrier environment, and can be handled and stowed in a manner that is reasonably safe and practicable. Amending the minimum packaging requirements of item to include in pails is in keeping with that CCSB policy. Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and precedent. Subject 9, Page 5 of 5

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67 SUBJECT 10 Re: Forms, protective packing, interior or exterior, fiberboard, paper, paperboard, pulpboard or molded pulp Staff Contact: Erin N. Topper Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class PAPER ARTICLES GROUP: subject to item Forms, protective packing, interior or exterior, molded wood pulp, see Notes, items , and , 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 7 or greater Forms, protective packing, interior or exterior, NOI, fiberboard, paper or pulpboard, corrugated, fluted or indented, see Notes, items , , and , in packages Forms, protective packing, interior or exterior, NOI, fiberboard, paper or pulpboard, not corrugated, fluted, indented nor molded, see Notes, items , , and , in packages NOTE Protective packing forms, not printed, made of one piece of fiberboard or paper, not further finished than cut to rectangular or square shapes, not scored, slotted nor perforated, will be classed the same as fiberboard or paper from which cut NOTE Provisions do not apply on loosefill packing material as named in item NOTE Provisions will also apply when equipped with components of other materials NOTE Also applies on such packing forms used as protective packaging for products shipped on lift truck skids or pallets. Subject 10, Page 1 of 8

68 SUBJECT 10 Proposed Classification Provisions Item Description Class PAPER ARTICLES GROUP: subject to item Forms, protective packing, interior or exterior, molded wood pulp, etc... Cancel; see item Forms, protective packing, interior or exterior, NOI, fiberboard, paper or pulpboard, corrugated, fluted or indented, etc... Cancel; see item Forms, protective packing, interior or exterior, NOI, fiberboard, paper, paperboard, pulpboard or molded pulp, combined or not combined with other materials, see Notes, items , and , in packages, subject to Item 170 and having a density in pounds per cubic foot of: Sub 1 Less than Sub 2 6 but less than Sub 3 12 or greater NOTE No Change NOTE Does not apply on loosefill packing material as named in item NOTE Cancel; no further application NOTE No Change. Analysis Research Project 1128 Research Project 1128 on forms, protective packing, interior or exterior, fiberboard, paper, paperboard, pulpboard or molded pulp was initiated in March of 2011 due to numerous interpretative inquiries involving items , and , which apply on these commodities. In conjunction with the project, questionnaires were mailed to 349 potential shippers or manufacturers of packing forms and 13 associations believed to represent those shippers or manufacturers, in March and June of From those mailings, usable information was received from nine companies; five companies did not provide usable data; one responded that they do not ship their products via less-than-truckload (LTL) motor carrier; and 18 reported that they do not ship or manufacture these products. Of the associations contacted, five responded. Two indicated that their membership is involved with the products, but did not provide information; one reported that they do not represent these shippers or manufacturers; the other two asked to be removed from the CCSB s mailing list. One association refused delivery of the questionnaire. Subject 10, Page 2 of 8

69 SUBJECT 10 History of Provisions As a result of action taken on Docket 802, Subject 59 (March, 1980), several previously existing provisions for interior packing forms were consolidated into two items, with associated Notes; one item for corrugated, fluted or indented; the other for not corrugated, fluted nor indented, including forms made of wood pulp. The new provisions first appeared in Supplement 11 to NMF 100-G, effective December 6, Docket 963, Subject 11 (August, 1996) was a proposal to cancel the provisions of the two items applying on interior packing forms and establish three new items, including a separate item for molded wood pulp packing forms, and attendant Notes, under the Paper Articles Group. Adjusted classes were concurrently proposed. The proposal was approved as modified, but the disposition was appealed (Appeal No. 1050). The initial disposition was ultimately affirmed, establishing current items , and , and Notes, items , and The current classes in items and were assigned at this time as well. The provisions first appeared in Supplement 6 to NMF 100-W, effective January 18, Docket 973, Subject 15 (June, 1997) was a shipper proposal to amend item by establishing a density break at 5 pcf for molded wood pulp interior packing forms to reflect their transportation characteristics. The proposal was approved as docketed, and the provisions first appeared in Supplement 11 to NMF 100-W, effective August 23, Docket 974, Subject 18 (August, 1997) was another shipper proposal to further amend item by establishing another density break at 7 pcf. The proposal was approved as modified, and the provisions first appeared in Supplement 2 to NMF 100-X, effective October 18, This action established the current classes in item Docket , Subject 6 (November, 2005) amended items , , and Note, item to specify that the provisions apply on interior as well as exterior packing forms, with the addition of the modifier protective. Concurrently, Note, item was added to clarify that items , and also apply on forms used with lift truck skids or pallets. The changes first appeared in Supplement 1 to NMF 100-AF, effective January 28, There have been no further changes to these provisions. Subject 10, Page 3 of 8

70 SUBJECT 10 About Interior or Exterior Protective Packing Forms Packing forms include, but are not limited to, corner protectors, edge protectors, liners, pads, dividers and partitions. They can be designed in an infinite number of ways to separate or cushion products, strengthen the box or prevent product movement 1. They can be made from fiberboard, paper, paperboard or pulpboard (corrugated, fluted, indented or not) or from molded pulp, and they may be combined with other materials for cosmetic purposes or to provide additional protection, such as from moisture. 1 (accessed January 10, 2012) Subject 10, Page 4 of 8

71 SUBJECT 10 Shipments of Interior or Exterior Protective Packing Forms Protective packing forms are generally tendered on lift truck skids or pallets, either in boxes or with the forms stacked or nested on the skid or pallet and secured with strapping and/or plastic film. Transportation Characteristics Density The information of record includes 1,240 density observations submitted by shippers and carriers, obtained during CCSB dock surveys and culled from the CCSB s Density Study 2. The densities range from 1.07 to pcf, with an average of 7.77 pcf. When the data is evaluated based on applicable item, as reported, the following density ranges and averages are calculated. While there is variation in the average density of each item, the density ranges overlap. Item Number Density Range (pcf) Average Density (pcf) 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 5 of 8

72 % of Figures in Interval CCSB DOCKET SUBJECT 10 The overall frequency distribution below shows the densities are distributed throughout the range, but the data can be divided into three density groupings of less than 6 pcf, 6 but less than 12 pcf and 12 pcf or greater. Frequency Distribution 40% 38% 30% 20% 10% 0% 0% 3% 15% 16% 7% 5% 5% 8% 2% 2% Density Intervals (pcf) When all of the data is evaluated based on the three density groupings, the following ranges and averages are calculated. Density Group (pcf) Density Range (pcf) Average Density (pcf) Less than but less than or greater Stowability and Handling Protective packing forms are generally tendered in boxes or stacked and/or nested on lift truck skids or pallets and often provide a flat load-bearing surface for compatible freight and should not pose any unusual stowing considerations. Freight tendered on lift truck skids or pallets may be readily handled with mechanical equipment and should not pose any unusual handling considerations. Liability Protective packing forms are not unusually susceptible to damage, although care should be taken to prevent exposure to excessive moisture. A survey of carrier claims personnel revealed no claims, while shippers reported minimal to no claims filed in a one-year period. The value per pound ranges from $0.26 to $9.09, with an average of $1.52 per pound. Subject 10, Page 6 of 8

73 SUBJECT 10 Relationship to CCSB Policies and Guidelines CCSB policies state that provisions of the NMFC that are the source of interpretation disputes should be amended so as to eliminate or avoid those disputes. Item applies on interior or exterior protective packing forms made from molded wood pulp, while items and apply on forms made from fiberboard, paper or pulpboard, with the difference being whether or not the material is corrugated, fluted or indented. Unless specifically described on shipping papers, carriers may be unable to determine or confirm the material consist of a particular shipment of these packing forms. And even when so described on shipping papers, the distinguishing terms corrugated, fluted, indented and molded are themselves subject to interpretation disputes. Further, not all molded pulp packing forms are made from wood (e.g. newspaper or palm fiber pulp), which leads to additional interpretation difficulties. Therefore, it would be consistent with CCSB policies to eliminate the distinctions by canceling items and with reference to item and amending item to apply on fiberboard, paper, paperboard, pulpboard or molded pulp interior or exterior protective packing forms, combined or not combined with other materials. CCSB policy further calls for classification provisions to reflect a commodity s known transportation characteristics. Based on the information of record, the 1,240 density observations range from 1.07 to pcf, with an average of 7.77 pcf. No unusual or significant stowability, handling or liability characteristics are indicated. When the density data is evaluated based on breaks at 6 and 12 pcf, the following average densities and classes emerge. Density Group (pcf) Average Density (pcf) Class Based on CCSB Density Guidelines Class Adjustment Less than but less than or greater Since the average density of 7.97 pcf approaches the minimum average density of 8 pcf for a class 110, it would be in keeping with CCSB precedent to assign class 110 in lieu of a class 125 for forms having a density of 6 but less than 12 pcf. Classification precedent can be found in item 36265, naming metal roof curbs. As a result of action taken on Docket , Subject 17 (February, 2007), item was amended to provide classes predicated on three density breaks 4, 6 and 10 pcf based on the respective average densities and density guidelines. However, while the average density of the 4 but less than 6 pcf group in item was 4.92 pcf, which would generally call for a class 200 under the density guidelines, a class 175 was approved as the average density approached the 5 pcf minimum average density for class 175. That proposal was approved as docketed, and the provisions first appeared in Supplement 2 to NMF 100-AG, effective April 28, Subject 10, Page 7 of 8

74 SUBJECT 10 Note, item states items , and will also apply when the forms are equipped with components of other materials. The description of item , as proposed, would allow for forms combined or not combined with other materials, so Note, item would be canceled as having no further application. Note, item would be amended for simplification and uniformity. Based on the information of record, this proposal, as docketed, would be consistent with CCSB policies and precedent. Subject 10, Page 8 of 8

75 SUBJECT 11 Re: Fixtures, plumbers, returned to the manufacturer Item Staff Contact: William F. Mascaro Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class PLUMBERS GOODS GROUP: subject to item Fixtures, plumbers, cast iron, china or earthenware, returned to the original manufacturer as not being suitable for their intended purpose, see Note, item , viz.: Bathtubs; Drinking Fountains; Laundry Tubs; Lavatories; Lavatory Basins (Bowls); Sinks; Toilet Bowls; Toilet Tanks; Urinals or Urinal Stalls; In boxes, crates or packages authorized in descriptions naming the individual articles NOTE Shipper must certify on the shipping order and bill of lading at the time of shipment, the following: The plumbers fixtures are not suitable for their intended purpose and payor of freight charges will accept shipment as having value only as repairable, salvageable or scrap material. Proposed Classification Provisions Item Description Class PLUMBERS GOODS GROUP: subject to item Baths, Bathtubs, Pool Shells, Shower Baths (Showers), Shower Stalls or Spas, NOI, in boxes or crates, 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 or greater NOTE No Change. Subject 11, Page 1 of 4

76 SUBJECT 11 Proposed Classification Provisions Continued Item Description Class PLUMBERS GOODS GROUP: subject to item Drinking Fountains, cast iron, in boxes or crates Drinking Fountains, china or earthenware, in boxes, crates or drums Fixtures, plumbers, cast iron, china or earthenware, returned to the original manufacturer as not being suitable for their intended purpose, etc... Cancel; see items otherwise applicable NOTE Cancel; no further application Plumbers Goods, viz.: Bathroom or Lavatory Fixtures, NOI; Dispensers, shampoo, soap or toiletry, see Note, item ; Fittings, bathtub, drinking fountain, lavatory, laundry tub, sink, shower bath (shower), toilet or urinal, see Note, item ; Plumbers Goods, NOI; *Sink or Lavatory Legs or Pedestals; *Sinks, Lavatories or Lavatory Basins or Bowls, NOI, also in Packages 977 or 1383; *Sinks or Tubs, laundry, NOI, with or without legs or pedestals; Toilet Bowls, NOI, see Note, item , also in Package 104; or Toilet Tanks, NOI; Toilets, NOI; In boxes or crates, 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 Toilet Bowls, china or earthenware, see Note, item , in boxes, crates or Package 104, having a density of 8 pounds or greater per cubic foot, see Note, item NOTE No Change Toilet Tanks, china or earthenware, in boxes or crates, having a density of 8 pounds or greater per cubic foot, see Note, item NOTE No Change. Subject 11, Page 2 of 4

77 SUBJECT 11 Proposed Classification Provisions Concluded Item Description Class PLUMBERS GOODS GROUP: subject to item Urinal Stalls, in one piece, china or earthenware, in boxes, crates or drums Urinal Stalls, KD, china or earthenware, in boxes, crates or drums Urinals or Urinal Gutters, china or earthenware, in boxes, crates or drums Urinals or Urinal Gutters, iron or steel: Sub 1 Enameled, in boxes or crates Sub 2 Other than enameled, in packages *Published in Supplement 1 to NMF 100-AL, issued on March 15, 2012 with an effective date of April 14, Analysis and Relationship to CCSB Policies and Guidelines The provisions of item were established as a result of action taken on Docket 137, Subject 59 (November 1968) and first appeared in Supplement 27 to NMFC A-10, effective October 20, They have remained substantially unchanged since that time. That was a shipper proposal to reduce the level of classes for various types of plumbing fixtures that were being returned to the manufacturer as they could not be used for their intended purpose. Other than a reported reduction in the value of these fixtures, no data involving the transportation characteristics was provided. Under current classification-making criteria, classifications are predicated on an evaluation of the four transportation characteristics: density, stowability, handling and liability. Many of the fixtures listed in item have since been evaluated under these criteria, and the applicable classifications reflect their known transportation characteristics. For example, the provisions for sinks, lavatories, lavatory basins or bowls, and laundry tubs in item were recently evaluated on Docket , Subject 4 (January 2012), and are published in Supplement 1 to NMF 100-AL, effective April 14, The provisions for toilet bowls and toilet tanks in items , and were evaluated on Docket , Subject 8 (February 2008) and first appeared in Supplement 1 to NMF 100-AH, effective April 26, Additionally, the provisions for bathroom fixtures, NOI, in item were evaluated on Docket , Subject 19 (November 2003) and first appeared in Supplement 1 to NMF 100-AD, effective January 24, With regards to the provisions of the Classification, CCSB policy calls for providing uniformity in provisions addressing the same or similar circumstances published in conjunction with different items. Item applies on various types of plumbing fixtures that are being returned to the manufacturer as they are not suitable for their intended purposes. While there is no stated limit on the value of the fixtures, item is subject to Note, item that stipulates the shipper must certify that the fixtures in question are not suitable for their intended purpose and the shipment has value only as repairable, salvageable or scrap material. Subject 11, Page 3 of 4

78 SUBJECT 11 The class applicable in item has no historical relationship to the transportation characteristics of the involved fixtures. Many of the fixtures named therein have been evaluated under current classification-making criteria and are provided for in other items, at classes reflective of their respective transportation characteristics. Therefore, it would be in keeping with CCSB policy to cancel the provisions of item , as proposed, with reference to the other applicable items, and to cancel Note, item with no further application. Subject 11, Page 4 of 4

79 SUBJECT 12 Re: Packaging Exceptions Based on Product Weight Staff Contact: Erin N. Topper Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class AGRICULTURAL IMPLEMENT PARTS GROUP: subject to item Wheels, iron, NOI, finished or not finished, with or without lubricators or bearing races, not including machine finished gear or sprocket wheels, see Note, item 11542, in packages, or loose if weighing each 15 pounds or over: Subs 1-2 Not Involved NOTE Not Involved. ALUMINUM: subject to item Plates, tank, not polished; loose, only if weighing each 25 pounds or over, or in packages... Not Involved CARBON: subject to item Scrap, see Note, item 40702; loose only if weighing each 25 pounds or over, or in packages... Not Involved NOTE Not Involved. CONDUITS, OTHER THAN EARTHEN, GROUP: subject to item Conduits or Pipe, drainage, sewer or other underground work, or Connections or Fittings therefor, bituminized fiber (asphalt or pitch impregnated fiber) or indurated, in packages, or loose if weighing each 15 pounds or over, see Notes, items and 50953: Subs 1-3 Not Involved NOTE Not Involved NOTE Not Involved Pipe or Tubing, nickel or nickel-copper; or nickel-iron-chromium alloy, see Note, item 52132; loose, only if weighing each 50 pounds or over, or in packages... Not Involved NOTE Not Involved Strainers, pipe line, brass, bronze or copper body, in boxes, or loose if weighing each 25 pounds or over... Not Involved Strainers, pipe line, iron or steel body; loose only if weighing each 25 pounds or over, or in packages... Not Involved Supports, iron or steel, consisting of anchors, arches, brackets, chairs, rests, rolls or sleeves; loose only if weighing each 25 pounds or over, or in packages... Not Involved Traps, grease or gas, iron or steel body; in packages; or loose if weighing each 25 pounds or over... Not Involved Subject 12, Page 1 of 5

80 SUBJECT 12 Present Classification Provisions Continued Item Description Class COVERS: subject to item Meter Box, cast iron, with or without fasteners, loose, only if weighing each 25 pounds or over, or in packages... Not Involved CUPRO-NICKEL: subject to item Scrap, loose, only if in pieces weighing each 50 pounds or over, or in packages... Not Involved ELECTRICAL EQUIPMENT GROUP: subject to item Couplings, conduit, cast iron, inside diameter not less than two inches, without attachments; loose, only if weighing each 25 pounds or over, or in packages... Not Involved Glass Factory Flattening Stones, Floats, Gathering Rings or Pot Rings or Glasshouse Pots, clay; in boxes, crates, drums or on skids; or loose when weighing each 2,500 pounds or more packed in packing material and securely braced... Not Involved Gun Barrel Tubes, rough bored, in boxes, or loose if weighing each 75 pounds or more, or on skids... Not Involved HARDWARE GROUP: subject to item Hooks, NOI, iron or steel, galvanized, plain, japanned or tinned, or brass, bronze, copper or cadmium coated, in packages, also loose if weighing each 25 pounds or over... Not Involved Lugs or Shoes, silo or tank, iron, in packages, or loose if weighing each 25 pounds or over... Not Involved Scale Testing Weights, iron, in packages; also loose if weighing each 50 pounds or over... Not Involved IRON OR STEEL: subject to item Flooring, Roofing, Decks, Decking or Beams, made wholly or in part of steel 14 gauge or thinner, 4½ inches or more in depth, not nested, loose, only if pieces each weigh 15 pounds or over, or in packages... Not Involved Furnace Salamanders or Ladle Skulls, loose, only if weighing each 25 pounds or over, or in packages... Not Involved Hangers, pipe, NOI; in packages, or loose if weighing each 25 pounds or over; loose or in packages when shipments weigh 40,000 pounds or more... Not Involved Pins, bridge or drift, loose, only if weighing each 25 pounds or over, or in packages... Not Involved Rings, rolled steel, NOI, loose, only if weighing each 25 pounds or over, or in packages, see Note, item Not Involved NOTE Not Involved Scrap, NOI, copper clad, see Note, item , loose, only if weighing each 50 pounds or over, or in boxes or drums... Not Involved NOTE Not Involved Scrap, NOI, not copper clad, see Note, item , loose, only if weighing each 50 pounds or over, or in packages... Not Involved Subject 12, Page 2 of 5

81 SUBJECT 12 Present Classification Provisions Concluded Item Description Class IRON OR STEEL: subject to item Turnbuckles or Sleeve Nuts, NOI, threaded, not insulated, see Note, item , loose, only if weighing each 15 pounds or over, or in packages... Not Involved NOTE Not Involved Weights, counterbalance, NOI, not machined, loose, only if weighing each 25 pounds or over, or in packages... Not Involved Weights, sash, in packages, or loose if weighing each 15 pounds or over... Not Involved Proposed Classification Provisions Item Description Class AGRICULTURAL IMPLEMENT PARTS GROUP: subject to item Wheels, iron, NOI, finished or not finished, with or without lubricators or bearing races, not including machine finished gear or sprocket wheels, see Note, item 11542, in packages: Subs 1-2 No Change NOTE No Change. ALUMINUM: subject to item Plates, tank, not polished, in packages... No Change CARBON: subject to item Scrap, see Note, item 40702, in packages... No Change NOTE No Change. CONDUITS, OTHER THAN EARTHEN, GROUP: subject to item Conduits or Pipe, drainage, sewer or other underground work, or Connections or Fittings therefor, bituminized fiber (asphalt or pitch impregnated fiber) or indurated, in packages, see Notes, items and 50953: Subs 1-3 No Change NOTE No Change NOTE No Change Pipe or Tubing; nickel or nickel-copper; or nickel-iron-chromium alloy, see Note, item 52132; in packages... No Change NOTE No Change Strainers, pipeline, brass, bronze or copper body, in boxes... No Change Strainers, pipeline, iron or steel body, in packages... No Change Supports, iron or steel, consisting of anchors, arches, brackets, chairs, rests, rolls or sleeves, in packages... No Change Traps, grease or gas, iron or steel body, in packages... No Change COVERS: subject to item Meter Box, cast iron, with or without fasteners, in packages... No Change Subject 12, Page 3 of 5

82 SUBJECT 12 Proposed Classification Provisions Concluded Item Description Class CUPRO-NICKEL: subject to item Scrap, in packages... No Change ELECTRICAL EQUIPMENT GROUP: subject to item Couplings, conduit, cast iron, inside diameter not less than two inches, without attachments, in packages... No Change Glass Factory Flattening Stones, Floats, Gathering Rings or Pot Rings or Glasshouse Pots, clay, in boxes, crates or drums or on skids... No Change Gun Barrel Tubes, rough bored, in boxes... No Change HARDWARE GROUP: subject to item Hooks, NOI, iron or steel, galvanized, plain, japanned or tinned, or brass, bronze, copper or cadmium coated, in packages... No Change Lugs or Shoes, silo or tank, iron, in packages... No Change Scale Testing Weights, iron, in packages... No Change IRON OR STEEL: subject to item Flooring, Roofing, Decks, Decking or Beams, made wholly or in part of steel 14 gauge or thinner, 4½ inches or more in depth, not nested, in packages... No Change Furnace Salamanders or Ladle Skulls, in packages... No Change Hangers, pipe, NOI, in packages... No Change Pins, bridge or drift, in packages... No Change Rings, rolled steel, NOI, see Note, item , in packages,... No Change NOTE No Change Scrap, NOI, copper clad, see Note, item , in boxes or drums... No Change NOTE No Change Scrap, NOI, not copper clad, see Note, item , in packages. No Change Turnbuckles or Sleeve Nuts, NOI, threaded, not insulated, see Note, item , in packages... No Change NOTE No Change Weights, counterbalance, NOI, not machined, in packages... No Change Weights, sash, in packages... No Change Analysis and Relationship to CCSB Policies and Guidelines This proposal would remove packaging exceptions that allow individual articles over a stated weight to move loose from numerous items in the NMFC. Interpretation questions are received on an ongoing basis regarding Classification provisions that provide packaging exceptions predicated on product weight. Often the Classification user misreads the item and interprets those provisions to mean that the item applies on the involved commodity only when the product weighs the threshold amount or more, when in fact, the product is able to be tendered loose when meeting the assigned weight. Subject 12, Page 4 of 5

83 SUBJECT 12 CCSB packaging policies state that articles should be tendered for shipment in a manner that provides adequate protection in the motor carrier environment, and enables handling and stowing that is reasonably safe and practicable. The involved packaging exceptions do not meet these criteria. As such, it would be in keeping with CCSB policies to remove the references to packaging exceptions based on product weight from the Classification, as proposed. Concurrently removing the packaging exception based on shipment weight from item would also be consistent with CCSB policy and precedent. Subject 12, Page 5 of 5

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85 SUBJECT 13 Re: Aluminum Lineal Shapes or Molding Items and Staff Contact: Erin N. Topper Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class ALUMINUM: subject to item Aluminum Articles, NOI, in boxes or crates; Lineal Shapes or Molding, NOI, in packages, or loose if weighing each 25 pounds or more; or Cups, Dishes, Pans, Plates or Trays, NOI, foil or sheet, expendable, with or without covers, see Note, item 13121, 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 NOTE Not Involved Lineal Shapes or Molding, roll formed or extruded, in straight lengths of uniform cross-sectional dimension, see Notes, items and 13518; in packages, or loose if weighing each 25 pounds or more; having a density in pounds per cubic foot of 30 or greater, see Note, item NOTE Applicable on hollow shapes or extrusions only when they are without closed or solid ends, tops or bottoms NOTE Applies only on articles consisting of one piece of metal as from the roll form or press, except that articles may have holes for fastening, may be cut to length and sharp edges may be removed. Surface may be painted or finished by mechanical or chemical treatment of the metal, other than by plating, but including printing or surface decoration. Articles consisting of more than one piece of metal or further finished than as described above shall be classified under the specific or general (NOI) item applicable or, in the absence of such an item, as 'Aluminum Articles, NOI,' per item Subject 13, Page 1 of 3

86 SUBJECT 13 Present Classification Provisions Concluded Item Description Class 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 13120, naming 'Lineal Shapes or Molding, NOI.' Upon satisfactory proof of actual density, class will be adjusted accordingly. Proposed Classification Provisions Item Description Class ALUMINUM: subject to item Aluminum Articles, NOI, in boxes or crates; Lineal Shapes or Molding, NOI, in packages; or Cups, Dishes, Pans, Plates or Trays, NOI, foil or sheet, expendable, with or without covers, see Note, item 13121, 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 NOTE No Change Lineal Shapes or Molding, roll formed or extruded, in straight lengths of uniform cross-sectional dimension, etc... Cancel; see item NOTE Cancel; no further application NOTE Cancel; no further application NOTE Cancel; no further application. Subject 13, Page 2 of 3

87 SUBJECT 13 Analysis and Relationship to CCSB Policies and Guidelines During a review of items with packaging exceptions contingent on product weight, it was found that the provisions of item are superfluous. Item applies on aluminum lineal shapes or molding having a density of 30 pcf or greater, at class 60. Item applies on aluminum lineal shapes or molding, NOI, and based on the full-scale density provisions, a class 60 is assigned to those shapes or moldings having a density of 30 pcf or greater. As such, it would be in keeping with CCSB policies for simplification to cancel item with reference to item 13120, while concurrently canceling Notes, items 13517, and as having no further application. Additionally, it would be in keeping with CCSB packaging policies to remove the packaging exception contingent on product weight from item This proposal, as docketed, is in keeping with CCSB policies. Subject 13, Page 3 of 3

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89 SUBJECT 14 Re: Obsolete Provisions Items 45220, , , and Staff Contact: Nathan D. Ripke Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class CHEMICALS GROUP: subject to item Metal Pickling Compounds, dry, consisting of not less than 85 percent nitre cake (sodium bisulfate), in drums PACKING GROUP: subject to item Flax, in bales or burlapped coils, or in boxes, crates or drums Metal, see Note, item , in boxes or drums NOTE Also applies on packing composed of metal and other materials when metal content is 50 percent or over by weight. PRINTED MATTER GROUP: subject to item Checks, United States Treasury, cashed, see Note, item , in boxes NOTE Applies only on United States Treasury checks which have been cashed and stamped 'Non-negotiable' or bear restrictive bank endorsements and which are being shipped from Federal Reserve Banks to the United States Treasury. Checks may be accompanied by accounting cards or printed lists pertaining thereto, in same package. Provisions do not apply when shipments contain matter for answering to the description of letters as set forth in the United States Postal Regulations for mail matter. WASTE MATERIALS GROUP: subject to item Liquor, tanning, spent; dehydrated or powdered, in bags, boxes or drums; or liquid, in drums Proposed Classification Provisions Item Description Class CHEMICALS GROUP: subject to item Metal Pickling Compounds, dry, etc... Cancel; believed to be obsolete PACKING GROUP: subject to item Flax, etc... Cancel; believed to be obsolete Metal, etc... Cancel; believed to be obsolete NOTE Cancel; no further application. Subject 14, Page 1 of 2

90 SUBJECT 14 Proposed Classification Provisions Concluded PRINTED MATTER GROUP: subject to item Checks, United States Treasury, cashed, etc... Cancel; believed to be obsolete NOTE Cancel; no further application. WASTE MATERIALS GROUP: subject to item Liquor, tanning, spent, etc... Cancel; believed to be obsolete Analysis The provisions of items , and were adopted from the rails in 1936 and have remained substantially unchanged to the present. Item was established as a result of action taken on Docket 89, Subject 24 (June, 1959). That proposal was approved as modified, the provisions first appeared in Supplement 28 to NMFC No. A-4, effective February 11, 1960, and have remained substantially unchanged to the present. Item was established as a result of action taken on Docket 94, Subject 84 (June, 1960). That proposal was approved as modified, the provisions first appeared in Supplement 4 to NMFC No. A-5, effective December 20, 1960, and have remained substantially unchanged to the present. No relevant information was received from potential shippers or associations of the involved commodities. An Internet search failed to provide any indication that the commodities meeting the requirements of each aforementioned item are moving via LTL carriers today. Furthermore, a review of the CCSB Density Study from revealed the following information indicating that the provisions may be obsolete. Item CCSB Density Study Observations (Since 2008) 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 45220, , , and as obsolete, and canceling Notes, items and with no further application, as proposed, is in keeping with CCSB policy. Subject 14, Page 2 of 2

91 SUBJECT 15 Re: Obsolete Provisions Items , , and Staff Contact: Allison L. Austin Telephone (703) Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class MEATS OR SHORTENING GROUP: subject to item Coconut Oleine, in boxes or drums, or in metal cans in crates Muffles, clay, in boxes or drums Neatsfoot Stock, in drums Rosin Dross or Rosin Batting Dross: Sub 1 In bags or bundles, see Note, item Sub 2 In boxes or drums NOTE Also applies on rosin batting dross, loose. Proposed Classification Provisions Item Description Class MEATS OR SHORTENING GROUP: subject to item Coconut Oleine, etc... Cancel; believed to be obsolete Muffles, clay, etc... Cancel; believed to be obsolete Neatsfoot Stock, etc.... Cancel; believed to be obsolete Rosin Dross or Rosin Batting Dross, etc.... Cancel; believed to be obsolete NOTE Cancel; no further application. Analysis The provisions of items , , and were adopted from the rails and first appeared in LTL-1, effective April 1, The current class for coconut oleine in item was 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 of these items have remained substantially unchanged to the present. An Internet search was conducted to find any current domestic manufacturers or shippers of these commodities. Subsequent inquiries were sent to manufacturers of related products, as well as to associations of interest. The limited responses received failed to provide any indication the products are currently moving via LTL service. Subject 15, Page 1 of 2

92 SUBJECT 15 Furthermore, a review of the CCSB Density Study reveals that no observations of shipments moving under items , or have been recorded since at least 2009, while item had only one observation in the same period. The lack of shipment observations in a three-year period lends credence to the possibility that the involved provisions may be obsolete. 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 items , , and as obsolete and canceling Note, item with no further application, as proposed, is in keeping with CCSB policy. Subject 15, Page 2 of 2

93 I DOCKET , SUBJECT 6 DEFERRED SUBJECT Re: Contact Lenses, soft Staff Contact: George M. Beck Telephone (703) beck@nmfta.org Proponent: Bausch + Lomb, Inc., Greenville, South Carolina Present Classification Provisions Item Description Class DRAWING INSTRUMENTS, OPTICAL GOODS OR SCIENTIFIC INSTRUMENTS: subject to item Lenses, optical, NOI: Sub 1 Ground or polished, in boxes Sub 2 Not surface ground nor polished (Lens Blanks), in boxes or in Package Optical Goods or Instruments, NOI, or Lasers, NOI, in boxes Proposed Classification Provisions Item Description Class DRAWING INSTRUMENTS, OPTICAL GOODS OR SCIENTIFIC INSTRUMENTS: subject to item NEW Contact Lenses, soft, in saline solution, in inner containers in boxes Lenses, optical, NOI, etc.... No Change Optical Goods or Instruments, NOI, etc.... No Change Analysis This proposal first appeared on Docket and was considered at the September 12, 2011 CCSB public meeting in Alexandria, VA. The proponent is one of four major manufacturers of soft contact lenses. The other manufacturers have been notified of this proposal and have not submitted any information to the record. At the September 12, 2011 meeting concerns and questions were voiced by interested persons in attendance regarding the product s transportation characteristics; in particular, liability, and specifically, value per pound and the potential for freight claims. Due to these concerns and questions, the CCSB voted to defer disposition of this proposal until the January 23, 2012 CCSB public meeting. At the January 23, 2012 CCSB public meeting, the CCSB considered the deferred proposal and all of the facts of record, with the proponent attending via teleconference. Concerns were voiced by interested persons in attendance regarding the product s value as well as its density characteristics, in particular, loaded density as affected by the stowing restrictions placed by the proponent. Due to these concerns, the CCSB voted to again defer disposition of this proposal until the May 1, 2012 CCSB public meeting. Section II, Page 1 of 5

94 % of Figures in Interval CCSB DOCKET I DOCKET , SUBJECT 6 DEFERRED SUBJECT About Soft Contact Lenses Soft contact lenses are used as an alternative to eyeglasses to help improve a person s vision. Soft contact lenses are shipped in saline solution in inner containers in shipping boxes. They are made from a polymer or plastic material and are not ground nor polished. Consequently, they are not classified under item 57940, Lenses, optical, NOI, as shown on page 1. It is the CCSB s opinion that they are classified in item 58110, Optical Goods, NOI, as also shown on page 1. Shown here is an example of the inner retail container and the shipping package for the proponent s soft contact lenses. Transportation Characteristics Density The proponent s density data includes 33 data points. Densities range from 9.13 to pcf, averaging pcf. The frequency distribution is shown below: 70% Frequency Distribution 69.70% 60% 50% 40% 30% 20% 10% 0% 0.00% 0.00% 0.00% 0.00% 0.00% 12.12% 18.18% 0.00% 0.00% 0.00% Density Intervals (pcf) Section II, Page 2 of 5

95 % of Figures in Interval CCSB DOCKET I DOCKET , SUBJECT 6 DEFERRED SUBJECT Handling Soft contact lenses are shipped in fiberboard boxes secured to lift truck skids or pallets. Shipments should be readily handled by mechanical equipment. There is no indication of handling difficulties for this freight, although care should be taken to avoid contamination. Stowability These palletized shipments do provide a flat surface, but the proponent advises that the pallets should not be stacked because the contact lenses are susceptible to compression and crushing damage. In addition to the do not stack restriction, all pallets are marked by the proponent with an orange placard directing the carrier to not breakdown the pallets. These restrictions cause stowability problems not normally associated with general boxed and palletized freight. The placard also warns that breaking down the pallet may result in a claim for loss and damage. Carriers are unable to stack freight on these pallets due to the shipper s restriction. This restriction, limited to the proponent s products, significantly impacts the loaded density of soft contact lenses. When 96 inches is assumed as the inside height of the vehicle, the loaded density ranges from 2.49 to 7.90 pcf, with an average of 6.22 pcf. As can be seen from the frequency distribution below, the loaded densities all fall below the average actual density of pcf. In fact, all of the figures are less than 8 pcf. Loaded Density Frequency Distribution 70% 63.64% 60% 50% 40% 30% 24.24% 20% 12.12% 10% 0% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% Density Intervals (pcf) Section II, Page 3 of 5