OST-2002-12921

OST-2002-12921

http://www.iata.org/

International Air Transport Association

OST-2002-12921

July 23, 2002

Application for Approval of Agreements

CSC/24/Meet/006/2002

By: David O'Connor

Order 2006-3-11
OST-2000-7806
OST-2001-11006
OST-2002-12921
OST-2004-18116

Order - Bookmarked

By this order, the Department is (1) approving and granting antitrust immunity to most of the provisions of IATA Resolution 600b, Air Waybill - Conditions of Contract, subject to an effectiveness condition; (2) approving and granting antitrust immunity to amendments to IATA Resolution 600b(II), subject to an effectiveness condition; and (3) deferring action on Recommended Practice 1601, Conditions of Carriage for Cargo, until further order.

By: Michael Reynolds

OST-2000-7806
OST-2001-11006
OST-2002-12921

July 12, 2006

Letter Seeking Clarification of Order 2006-3-11

IATA is perplexed by the scope of this waiver requirement because, unlike the Department’s action on non-Convention carriage, it reaches cargo carriage not involving a United States origin or destination. As noted above, IATA acknowledges the legitimate interest of the United States in imposing a minimum liability obligation on cargo carriage to or from the United States. However, IATA does not understand why the Department would properly limit the scope of its condition to United States routes in the case of non-Convention carriage while seeking to extend it worldwide in the case of Warsaw/Hague carriage. If anything, the need for jurisdictional restraint is greatest where foreign governments on both ends of the route involved have entered into an international treaty to establish a minimum liability level meeting their public interest requirements. More importantly, IATA is concerned that other governments might not be willing to accept a standard waybill that overrides their treaty interests and does not properly set forth treaty limitations on routes to and from their countries not involving United States origins or destinations.

Second, and on a related note, IATA finds it difficult to understand the need for the Department’s proposed Note to the Notice in paragraph 1 of the Resolution and Condition 2 of the Order when the Department’s proposed Notice, itself, would then omit any reference to French gold francs. While the proposed Notice/Note might be understandable to those intimately familiar with the international air cargo liability regime, it might equally confuse other shippers.

IATA would very much appreciate the opportunity to discuss these issues with you at your earliest convenience so that the necessary mail vote can be expedited. IATA would also request that the proposed expiration date of Resolution 600b(ll) be extended until 180 days after completion of the contemplated mail vote. This would avoid a gap in uniform documentation which be adverse to both shipper and carrier interests and would also permit necessary data processing system changes and depletion of existing air waybill stock.

Counsel: IATA, Douglas Lavin

OST-2004-18116
OST-2002-12921

September 1, 2006

Expedited Motion for Extension of Time

The International Air Transport Association respectfully requests the Department of Transportation to extend on an interim basis the date for termination of effectiveness of IATA Cargo Services Conference Resolution 600b(II) from 180 days of issuance of Order 2006-3-11, being approximately September 7, 2006, to September 30, 2006. This 180-day period is set out on page 3 of the Order in notes 4 and 5.

The 180-day period referenced above was intended to provide carriers an opportunity to utilize existing stocks of 600b(II) air waybills pending a declaration of effectiveness of the modernized Resolution 600b air waybill conditions of contract. The Department deferred action on subparagraph 4 of Resolution 600b pending IATA action to address concerns discussed in the text of the Order.

IATA action to address these concerns continues through consultation with airline members and with the Department as to the meaning of certain provisions of the Order. This has been a lengthy process. Accordingly, there are yet no Resolution 600b conditions of contract that can be declared effective.

A termination of the effectiveness of the currently utilized Resolution 600b(II) conditions of contract would have the significant adverse effect for both shippers and carriers of undermining uniformity of documents of carriage.

Counsel: IATA, Mark McKeigan, 514-874-0202

Order 2006-9-5
OST-2000-7806
OST-2001-11006
OST-2002-12921
OST-2004-18116

Issued and Served September 8, 2006

Order Defering Procedural Date

By motion filed September 1, 2006, in these dockets, the International Air Transport Association requests that the Department extend the date for the termination of its previous approval of and antitrust immunity for IATA Cargo Services Conference Resolution 600b(II) until September 30, 2006.

Ordering paragraph 3 of Order 2006-3-11, served March 16, 2006, terminated DOT approval and immunity for Resolution 600b(II) as of 180 days following the date of service of that Order, or September 12, 2006. According to IATA, the 180-day period was intended to provide carriers an opportunity to utilize their existing stocks of air waybills based on Resolution 600b(II) as previously approved, pending a declaration byIATA of the effectiveness of a proposed new waybill notice of conditions of contract set forth in Resolution 600b. As stated in finding paragraph 9 of Order 2006-3-11, the effectiveness of Resolution 600b must occur simultaneously with the recision of Resolution 600b(II) to avoid overlap.

The Department has disapproved, conditioned or deferred action on various provisions of Resolution 600b on past occasions, and Order 2006-3-11 has taken similar actions in considering the amendments in these dockets. IATA states that it is still attempting to clarify certain provisions of the Department’s Order, as well as consulting with its airline members regarding the CSC response to DOT concerns. Accordingly, IATA states, there is yet no finally agreed Resolution 600b that can be declared effective. As IATA is aware, any revised version of Resolution 600b must be submitted to the Department for its approval before it can become effective.

The Department finds that a deferral of the deadline of September 12, 2006 in ordering paragraph 3 of Order 2006-3-11 is in the public interest. IATA has asked for a deferral until September 30, 2006. We will grant IATA’s request. However, to insure sufficient time for IATA to complete its actions on resolutions 600b and 600b(II), to allow time for Department review of the agreement, and to allow for the printing of new waybills if and when the agreement is approved, we will defer the September 12 date until September 30, 2006, or until 30 days following the service date of the Department’s decision on a revised agreement, whichever occurs later.

By: Michael Reynolds

Order 2006-9-5
OST-2000-7806
OST-2001-11006
OST-2002-12921
OST-2004-18116

Issued and Served September 8, 2006

Order Defering Procedural Date (Correction)

By: Michael Reynolds

OST-2001-11006
OST-2002-12921
OST-2004-18717

October 30, 2006

Request for Withdrawal

On their behalf, and pursuant to sections 41308 and 41309 of Title 49 of the United States Code and Parts 303.03, 303.05 and 303.30(c) of Title 14 of the Code of Federal Regulations, IATA filed with the Department on 14 November 2001, 23 July 2002, and 22 July 2004, applications for approval of amendments adopted at the IATA Cargo Services Conferences 23, 24 and 26 in 2001, 2002 and 2004 with respect to Recommended Practice 1601, Conditions of Carriage.

IATA wishes to withdraw the applications for approval of these amendments.

Therefore, this petition is to request the withdrawal of the applications in Dockets OST-2001-11006, OST-2002-12921 and OST-2004-18717 concerning the above-noted amendments to Recommended Practice 1601.

Counsel: IATA, Douglas Lavin, 202-628-9292

OST-2002-12921
OST-2004-18116

August 2, 2007

Clarification of Proposed Effective Date

The International Air Transport Association submits this clarification to advise the Department of the action it will take upon the approval of Resolution 600b (amended) currently being reviewed by the Department in the above dockets.

Consistent with Ordering Paragraph 9 of Order 2006-3-11, Resolution 600b will be declared effective on the date which is 180 days from the service date of an order approving Resolution 600b. Resolution 600b(II) will be rescinded and shall not be effective in its entirety on the date which is 180 days from the service date of an order approving Resolution 600b. There will be no overlap between the effectiveness of Resolutions 600b and 600h(II).

Counsel: IATA, Carlos Tornero

Order 2007-9-17
OST-2000-7806
OST-2001-11006
OST-2002-12921
OST-2004-18116

Issued September 17, 2007 | Served September 20, 2007

Order Approving and Granting Antitrust Immunity

By this order, the Department is approving and grating antitrust immunity to the final adopted provisions of IATA Resolution 600b, Air Waybill - Conditions of Contract, as filed in Docket OST-2004-18116.

By: Andrew Steinberg