Order 2010-5-21 

Served: May 21, 2010 

UNITED STATES OF AMERICA 

^tfli ^ DEPARTMENT OF TRANSPORTATION 

S i^ 5 OFFICE OF THE SECRETARY ^ 

^•5 ^ WASHINGTON, D.C. 

Action on lATA Agreement 

Issued by the Department of Transportation 

on the IS'^ day of May, 2010 

Agreement among Member Carriers 

Of the International Air Transport 

Association concerning cargo service 

matters 

Docket OST-2009-0113 

ORDER 

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

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

of the Department's regulations. The agreement consists of resolutions and recommended 

practices (R.P.'s) adopted at the 31^' meeting of the Cargo Service Conference (CSC/31) held in 

Bangkok on March 5, 2009. 

LATA requests an exemption for an amendment to R.P. 1601 (Conditions of Carriage for Cargo), 

from the general condition on lATA's by-laws that requires all LATA agreements to be filed with, 

and approved by, the Department before being implemented. We exempted R.P. 1601 from the 

filing/approval requirements by Order 2009-2-6, February 19, 2009, but did not exempt future 

changes to R.P. 1601.' The proposed change clarifies the definition of "agent" to exclude agents 

when they are acting as a shipper. 

LATA requests approval and antitrust immunity for one resolution and one R.P.: (1) new 

Resolution 623 (Cooperation with the World Organisation for Animal Health and the 

International Air Transport Association), which reflects the Memorandum of Understanding 

(MoU) signed between the two organizations; and (2) amendments to R.P. 1630 (Cargo Security) 

to incorporate current security procedures and guidelines. 

Decision 

We will grant the exemption requested for the amendment to R.P. 1601. We find that it should 

be granted an exemption from filing with the Department for prior approval under condition #2 

' Docket OST-2008-0178. 
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imposed on LATA's by-laws. In recent years, we have moved away from approving LATA 

agreements and granting antitrust immunity in many situations, including numerous services 

conference resolutions. Most of the work of the services conferences has involved technical 

standards and procedures, and seldom raises public interest issues. Further, the review process 

often delayed implementation by LATA of more efficient industry procedures that had no 

negative impact on competition or consumers. R.P. 1601, which does not apply to/from the 

United States, was exempted for these reasons by Order 2009-2-6, and there is no reason not to 

exempt the amendment proposed here. ^ We will also, sua sponte, grant an exemption for new 

Resolution 623, which merely reflects an understanding between LATA and another organization, 

and presents no competitive or public interest issues. 

We will approve and immunize the changes to R.P. 1630, which LATA has filed under traditional 

procedures. We find that the approved recommended practice is not adverse to the public 

interest, in violation of the Code, or likely to lessen competition substantially. Furthermore, we 

conclude that the approved portion of the agreement should be granted immunity from the 

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

amends existing provisions already approved and immunized by the Department. 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. 

1. Pursuant to the authority duly assigned under the Department's Regulations, 49 CFR 1.54 

(b)(1): 

We find that Recommended Practice 1601 and Resolution 623 as incorporated in Docket OST2009-0113 should be granted an exemption from filing with the Department for prior approval 

under condition #2 imposed on LATA's by-laws. 

2. Pursuant to the authority duly assigned under the Department's Regulations, 14 CFR 385.13: 

We do not find Recommended Practice 1630, incorporated in Docket OST-2009-0113 as set 

forth in the attached Appendix, to be adverse to the public interest, in violation of the Code, or 

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

conditions previously imposed. 

^ This condition # 2 was last imposed on lATA's by-laws by CAB Order 68-7-55. 

"' The CSC/31 meeting also adopted a change to Resolution 685 (Marking of Unit Load Devices), which is included 

in the filing only for information, because Resolution 685, including amendments, was exempted from our 

filing/approval requirements by Order 2007-7-22, July 23, 2003, Docket OST-2002-13896. 
ACCORDINGLY, 

1. We exempt Recommended Practice 1601 and Resolution 623 as incorporated in Docket OST2009-01 13 on lATA's Procedures for the Conduct of the lATA Traffic Conferences, Agreement 

1175, as amended by Order 68-7-55, to the extent that lATA need not file it for review and 

approval by the Department prior to a declaration of effectiveness by LATA and implementation 

by LATA members; 

2. We approve and grant antitrust immunity to the portion of the agreement set forth in finding 

paragraph 2 above, subject, where applicable, to conditions previously imposed; 

3. The exemption granted in paragraph 1 above may be revoked in whole or in part, at any time; 

and 

4. This Order will be served on the International Air Transport Association. 

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 

This 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 she will review this 

order on her own motion. 

By: 

Paul L. Gretch 

Director, Office of International Affairs 

(SEAL) 

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

http://ww\v.regulations.sov/