SERVICE DATE - AUGUST 12, 1997

Washington, D.C. 20423

STB PASSENGER TRAIN OPERATION NO. 123
INDIANA HARBOR BELT RAILROAD COMPANY
The National Railroad Passenger Corporation has established through passenger train service between Washington, DC and Chicago, Illinois. The operation of these trains require the use of tracks and other facilities of the Consolidated Rail Corporation (Conrail). A portion of Conrail's line is out of service due to a derailment. An alternate route is available via the Indiana Harbor Belt Railroad Company between Hick, Indiana and Dolton, Illinois. It is the opinion of the Board that such operations are necessary in the interest of the public; that notice and public procedure are impracticable and contrary to the public interest; and that good cause exists for making this order effective upon less than thirty days' notice. It is ordered, (a) Pursuant to authority vested in me by order of the Board, decided February 21, 1996, and the authority vested in the Board by Section 402(c) of the Rail Passenger Service Act of 1970 (RPSA)(49 U.S.C. 24308(b)), the Indiana Harbor Belt Railroad Company is directed to operate trains of the National Railroad Passenger Corporation over its line between connections with Conrail at Hick, Indiana and Dolton, Illinois. (b) In executing the provisions of this order, the common carriers involved shall proceed even if no agreements or arrangements now exist between them with reference to the compensation terms and conditions applicable to said operations. The compensation terms and conditions shall be, during the time this order remains in force, those which are voluntarily agreed upon by and between said carriers; or upon failure of the carriers to agree, the compensation terms and conditions shall be as hereafter fixed by the Board upon petition of either carrier in accordance with pertinent authority conferred upon it by the RPSA, as amended.
(c) Application. The provisions of this order shall apply to intrastate, interstate, and foreign commerce. (d) Effective date. This order shall become effective at 10:00 p.m., (EDT) August 5, 1997. (e) Expiration date. The provisions of this order shall expire at 10:00 a.m., (EDT), August 6, 1997, unless otherwise modified, amended, or vacated by order of the Board. This order shall be served upon the Indiana Harbor Belt Railroad Company and the National Railroad Passenger Corporation, and shall be published in the Boards Register. Issued at Washington, D.C., August 5, 1997. SURFACE TRANSPORTATION BOARD
Melvin F. Clemens, Jr., Agent

CCSB DOCKET 2009-3

SUBJECT 2
Re: Footwear Staff Contact: William F. Mascaro Telephone (703) 838-1834

SECTION I

mascaro@nmfta.org
Proponent: Commodity Classification Standards Board Present Classification Provisions Item Description Class
BOOT GROUP: subject to item 28120 Boots, NOI; Footwear, NOI, other than hosiery; Shoes, NOI; or Slippers; see Note, item 28161, in boxes.. 100 NOTEDoes not apply on articles made entirely from cellular, expanded or foam plastic. For provisions applicable to articles made entirely from cellular, expanded or foam plastic, see item 157320, Plastic or Rubber Articles, expanded, NOI. Boots or Shoes, wooden or leather with wooden soles, in packages.. 92.5
Proposed Classification Provisions Item 28220 Analysis Subject 3 of Docket 2007-3 (October 2007) was a proposal to renumber and amend the Note applicable to item 28160, which specifies that the provisions of item 28160 do not apply on articles made entirely from cellular, expanded or foam plastic, by providing further clarification stipulating that the provisions of item 157320, naming Plastic or Rubber Articles, expanded, NOI, apply. The proposal was approved as docketed and the change first appeared in Supplement 5 to NMF 100-AG, effective December 22, 2007. Following consideration of the proposal, Research Project 1069 was initiated to investigate the transportation characteristics of plastic footwear. The scope of the project was subsequently broadened by the Commodity Classification Standards Board (CCSB) to incorporate all types of boots, footwear, shoes or slippers regardless of their material consist. Research Project 1069 has been completed and this proposal is based on the information developed. Description Class
BOOT GROUP: subject to item 28120 Boots, NOI; Footwear, NOI, other than hosiery; Shoes, NOI; or Slippers; in boxes.... 150 NOTE Cancel; no further application. Boots or Shoes, wooden or leather with wooden soles, etc. Cancel; see item 28160
2009 National Motor Freight Traffic Association, Inc.

Subject 2, Page 1 of 4

The provisions of items 28160 and 28220 were adopted from the rail classification in 1936 at a rating equivalent to class 100. While item 28160 has remained substantially unchanged to the present, the class 92.5 applicable to item 28220 first appeared in NMFC A-1, effective July 10, 1952. This change is presumed to have been made to be rail competitive. While class 100 has been applicable to the general provisions for footwear, NOI, for 73 years, there have been numerous proposals to amend the provisions of item 28160. Prior to the change resulting from Docket 2007-3, Subject 3 cited above, the most recent action involved Docket 918, Subject 6 (December 1991). That was a proposal to provide for Footwear, viz.: Boots, NOI; Footwear, NOI, other than hosiery; Shoes, NOI; Slippers, with classes based on the standard nine-subprovision density scale ranging from class 400 for densities of less than one pcf to class 70 for densities of 15 pcf or greater. Information from that record showed an overall range in density from 1.62 to 26.67 pcf, with a simple average density of 8.30 pcf. No significant or unusual handling, stowability or liability considerations were noted. The record further noted that approximately 69% of the density observations were below the 9 pcf minimum average density generally associated with class 100. The proposal was initially approved as docketed. The disposition was appealed, however, and on appeal the proposal was approved as modified. As a result, the description of item 28160 was changed and the class 100 was maintained in lieu of the previously approved classes based on density. These changes first appeared in Supplement 8 to NMF 100-R, which became effective on April 11, 1992. Note, item 28161 (originally Note, item 28202), was added to item 28160 as a result of action taken on Docket 108, Subject 83 (March-April 1963) and first appeared in Supplement 1 to NMFC A-7, effective September 18, 1963. During the course of Project 1069, a total of 288 possible shippers of footwear were contacted in October of 2008 and again in January of 2009 and invited to participate in the research. From this sampling, 10 companies provided at least some information, 16 responded that they did not manufacture or ship footwear and 46 surveys were returned as undeliverable. At the same time, 19 trade associations were contacted and asked if they or their members would like to participate in the research. One association survey was returned as undeliverable and no response was received from the remaining 18 associations. A consultant who was involved in the most recent amendment to item 28160 was also contacted; however, he no longer represents the footwear industry. Additional information was developed through carrier-submitted Shipment Information Forms, the CCSB Density Study and CCSB member dock surveys. Transportation Characteristics Density Overall, the information of record from all sources encompasses 21,662 density observations and reveals a range in density from 1.00 to 50.00 pcf, with a simple average density of 6.28 pcf. When evaluated on the basis of the current provisions, information on footwear moving under item 28160 shows a range from 1.00 to 50.00 pcf, with an average density of 6.28 pcf, while footwear moving under item 28220 ranges from 2.73 to 7.58 pcf, with an average density of 5.12 pcf.

Subject 2, Page 2 of 4

An analysis of the density characteristic of individual types of footwear such as boots, shoes, slippers, sandals, etc., was not attempted as many of the reports involved mixed shipments of different styles, types and materials of footwear. The graph below depicts the distribution of all available data for items 28160 and 28220.
As shown in the above graph, 43.95% of the density observations are between 4 and 6 pcf and approximately 78% of the figures are between 4 and 8 pcf. This not only shows that the density observations are clustered in the lower end of the range, but that the identified average density of 6.28 pcf is reflective of the overall density range. Handling Footwear is generally tendered in fibreboard boxes that may be palletized for shipment. While individual boxes can require additional time while handling, there is no indication of any unusual handling considerations. Stowability There is no indication of any unusual stowing considerations, although heavy freight should not be loaded on top of footwear to prevent damage due to crushing. Liability There is no indication that any of the factors that comprise the liability transportation characteristic would present any unusual or significant considerations. Footwear is not perishable, prone to spontaneous combustion or explosion, likely to damage other freight, prone to damage, or unusually susceptible to theft. Information developed on value per pound, which provides a measure of the risks assumed by the carrier in transporting a commodity, ranges from $0.32 to $55.15 per pound, with a simple average value of $27.96 per pound. A survey of motor carrier claims professionals did not indicate a claims problem.

Subject 2, Page 3 of 4

Relationship to CCSB Policies and Guidelines
Information of record developed through Research Project 1069 indicates that footwear has an overall range in density from 1.00 to 50.00 pcf, with a simple average density of 6.28 pcf. Research also did not identify any unusual or significant negative handling, stowability or liability considerations with respect to footwear. This indicates that density is the controlling transportation characteristic. CCSB policy calls for classification provisions to reflect a commoditys known transportation characteristics. Item 28160 for footwear, NOI, currently provides a class 100. CCSB guidelines for class 100 call for a minimum average density of 9 pcf. Item 28220, applying on wooden shoes or leather shoes with wooden soles, currently provides a class 92.5. CCSB guidelines for class 92.5 call for a minimum average density of 10.5 pcf. By comparison, under CCSB guidelines, an average density of 6.28 pcf is generally associated with the proposed class 150, which calls for a minimum average density of 6 pcf. CCSB policy also calls for classification provisions to be as clear as possible to help preclude interpretation disputes. Note, item 28161 currently restricts the application of item 28160 to footwear other than when made entirely of cellular, expanded or foam plastic. This restriction has been the source of interpretative inquires over the application of the Note to different types of footwear, especially footwear that is primarily, but not exclusively, made of cellular, expanded or foam plastic, such as flip flops. Cancelling Note, item 28161 with no further application, as proposed, would allow the provisions of item 28160 to apply on all types of footwear regardless of the material consist. This is in keeping with CCSB clarification policy. Based on the information of record, this proposal, as docketed, is in keeping with CCSB policy and guidelines.

Subject 2, Page 4 of 4