Order: 2010-10-22

Served: November 2, 2010 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

 

Action on IATA Agreement

Issued by the Department of Transportation

on the 28th day of October, 2010

ORDER 

The International Air Transport Association (IATA) has filed an agreement with the Department 

under section 41308 and 41309 of Title 49 of the United States Code (the Code) and Part 303 of 

the Department’s regulations. The agreement was adopted by Mail Votes S069, S070, and 

S071.1

The agreement consists of amendments to resolution 600i (Carriage Concluded and Evidenced by

Electronic Means – Conditions of Contract), Recommended Practices (RP’s) 1601 (Conditions 

of Carriage for Cargo), and 1670 (Carriage of Cargo using Electronic Data Interchanges (EDI)), 

which conform provisions concerning carrier’s liability to those in the CSC Resolution 600b

which was effective July 1, 2010.2

Resolution 600i is virtually identical to Resolution 600b (Air Waybill Conditions of Contract) which 

reflects changes in the liability limits for loss of damage or delay to cargo under Montreal Protocol 

No. 4 and under the Montreal Convention.

3

RP 1670 sets forth a Model Agreement for Electronic Data Interchange between the shipper and 

carrier, and has been amended to conform provisions concerning carrier’s liability.

We will approve the agreement, subject to previous condition where applicable. We find that, as 

previously conditioned, the resolutions incorporated in the above docket are not adverse to the public 

interest, in violation of the Code, or likely to lessen competition substantially, and that they should 

be approved.

 

1

IATA memorandum CSC/FAR/001/2010, dated August 30, 2010

2 The resolution and recommended practices are listed in the attached Appendix.

3

For example, Article 24 of the Convention provides for the periodic review by the International Civil Aviation 

Organization of the Convention’s liability limits in order to reflect inflation. The revised limits under the first such 

review became effective December 30, 2009, and in the case of cargo rose from 17 to 19 SDRs per kilogram. 

Agreement among Member Carriers 

of the International Air Transport 

Association concerning cargo services 

matters 

 

 Docket OST-2010-0218
-2-

Furthermore, we conclude that the approved agreement should be granted immunity from the 

operation of the antitrust laws to the extent necessary to permit their implementation. In general, 

they amend existing provisions already approved and immunized by the Department. Where new 

provisions are created, they perform facilitation functions similar to other resolutions that have been 

immunized and approved. As a result, none raises immunity issues not previously considered, and 

the conferral of immunity upon them is consistent with our policy of conferring immunity on 

amendments coextensively with the underlying agreements.

Pursuant to the authority duly assigned under the Department’s Regulations, 49 CFR 1.54(b)(1): 

We do not find that the resolutions and recommended practice of this agreement in Docket OST2010-0218, as set forth in attached Appendix, are adverse to the public interest, in violation of the 

Act, or likely to lessen competition substantially, provided that approval is subject, where applicable, 

to conditions previously imposed.

ACCORDINGLY, 

1. We approve IATA’s application in Docket OST-2010-0218, as listed in the attached Appendix, 

under 49 U.S.C. 41309 subject, where applicable, to conditions previously imposed; and

2. To the extent that the resolutions in the agreement in Docket OST 2010-0210 are approved, we 

exempt any person affected by this order from the operation of the antitrust laws as provided in 49 

U.S.C. 41308. 

Persons entitled to petition the Department for review of this order, under 14 CFR 385.30, may file 

such petitions within seven days after the date of service of this order. 

The order shall be effective and become the action of the Department of Transportation upon 

expiration of the above period, unless within such period a petition for review is filed or the 

Assistant Secretary for Aviation and International Affairs gives notice that he will review this 

order on his own motion.

By:

Paul L. Gretch

Director, Office of International Aviation

(SEAL)

An electronic version of this document is available on the World Wide Web at:

http://www.regulations.gov/
APPENDIX

IATA Expiry

Designation Title Date 

CSC 600i Carriage Concluded and Evidenced by Electronic Indefinite

Means -- Conditions of Contract

CSC 1601 Condition of Carriage for Cargo 

CSC 1670 Carriage of Cargo using Electronic Data Indefinite

Interchange (EDI)