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OST-2004-18116 - IATA
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International Air Transport Association June 10, 2004 Counsel: IATA, David O'Connor, 202-293-9292
June 10, 2004 Application for Approval of Agreements - Addition CSC/26/Meet/005/2004 dated 10 June, 2004 Finally Adopted Resolutions 600b & 600b(II) Counsel: IATA, David O'Connor, 202-293-9292
Order 2006-3-11 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
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 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 Issued and Served September 8, 2006 Order Defering Procedural Date (Correction) By: Michael Reynolds
May 25, 2007 Application for Approval of Agreements CSC/29/Meet/016/07 dated 25 May 2007 Finally Adopted Resolution: 600b. Counsel: IATA, Douglas Lavin, 202-293-9292
June 18, 2007 Correction to Finally Adopted Resolution 600b. Counsel: IATA, Douglas Lavin, 202-293-9292
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 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 |
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