Order: 2010

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- 22 Served: November 2, 2010 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C. Action on I ATA Agreement Is sued by the Department of Transportation on th e 28 th day

of October , 20 10

ORDER The I nternational Air Trans port Association (I ATA) has filed an agreement with the Department under section 41308 and 41309 of Title 49 o f the United States Code (the Code) and Part 3 03 of the Department’s regulations. The agreement was adopted by M ail V ote s S069, S070, and S071. 1 The agreement consists of amendments to resolution 600i (Carriage Concluded and Evidenced by Electronic Me ans

– Conditions of Contract), Recommended Practice s (RP ’s ) 1601 (Conditions of Carriage for Cargo), and 1670 (Carriage of Cargo using Elect r onic D ata I nterchanges (EDI ) ), which conform provisions concerning carrier’s liability to those in the CSC Resolution 600b which w as effective July

1, 2010. 2 Resolution 600i is virtually identical to Resolution 600b (Air Waybill Conditions of Contract) which r eflects 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 c arrier, and has be en 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 t he 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 recomm ended practice s 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 rev ised 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. A greement among Member Carriers of the International Air Transport Association concerning cargo services matters Docket OST - 20 10 - 02 18- 2

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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 hav e 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 underly ing agreements. P ursuant 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 OST

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- 02 18 , as set forth in attached Appendix, are adverse to the pu blic 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

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- 02 18 , as liste d 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 20 10

- 02 10 are approved, we exempt any

person affected by this order fro m 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 day s after the date of service of this order. The or der 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 Assi s tant Secretary

for Aviation and I nternational Affairs gives notice th at 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 In definite Means

-- Conditions of Contract CSC 1601 Condition of Carriage for Cargo CSC 1670 Carriage of Cargo u sing Electronic Data In definite In terchange (EDI )