Since this ruling, there has been some confusion over the future of the NCC and the NMFC.
The STB decision clearly states, "It is not our [the STB's] intention to discourage the classification processWe recognize that there are significant benefits to having a classification system."
Bill Pugh, Secretary of the NCC and Executive Director of the NMFTA insists that the STB's ruling will not end the need for an industry-wide classification standard. "Most definitely the Classification will continue. Some modification of the existing process might be necessary, but the NMFC's importance to both shippers and carriers demands that it be preserved."
The STB's decision also would not, and does not, alter the statutory requirement that carriers who use or refer to provisions of the NMFC must participate in the NMFC.
The NCC and the NMFTA will be responding to the STB's decision and, while these issues are being resolved, the NCC's antitrust immunity remains in effect. The NCC's meetings on June 4 and 5, 2007, will be held as scheduled.
NMFTA is a nonprofit membership association, headquartered in
