Order 95-8-40

UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
WASHINGTON, D.C.

Issued by the Department of Transportation
on the 24th day of August, 1995

Served August 31, 1995


Agreement Among Member Carriers of the | INTERNATIONAL AIR TRANSPORT ASSOCIATION | Docket 49962 R-1 through R-71 concerning passenger services matters |
ORDER

The International Air Transport Association (IATA) has filed an agreement with the Department for approval and exemption from antitrust laws under sections 41309 and 41308 of Title 49 of the United States Code. The agreement was adopted at the Sixteenth Passenger Services Conference held in Phoenix during October 18-20, 1994.[1]

The agreement consists of numerous resolutions and recommended practices (R.P.'s) affecting passenger services.[2] They address procedures governing inadmissible passengers and deportees; codes, notices, formats and procedures relating to the issuance of tickets, boarding passes and other travel documents; processing refunds; baggage handling procedures and tag specifications; location identifiers; assignment of airline code numbers; standard interline agreements and reservation procedures; and the treatment of blacklisted documents. These proposals involve non-substantive changes, essentially of a technical, editorial or administrative nature, to existing approved resolutions and recommended practices, and appear to be in conformity with our substantive policies and concerns. As such, they raise no public interest issues, and will be approved.

The agreement also adopts revised language for Resolutions 780 and 780e, which deal with standard IATA interline agreements, to address concerns raised by the Department in Order 93-9-24, September 23, 1993, where it disapproved certain procedures relating to baggage excess value declarations and claim settlements (R-43 and R-44). These changes satisfy the major concerns raised in that order and will be approved.

Last, new provisions established by the agreement include: a) R.P. 1707a setting forth standards and definitions for all elements used in baggage service messages between carriers (R-48); b) R.P. 1719b facilitating the exchange and updating of information on passengers obtained by handling agents during the check-in process (R-56); c) R.P. 1723, replacing R.P. 1790 which is canceled, containing specifications for a standard ATB boarding pass wallet (R-60); and d) R.P.s 1797b and 1797c establishing guidelines and formats for the exchange of messages concerning baggage and passengers between carriers and their agents, on the one hand, and automated baggage systems or airport authorities, on the other (R-70 and R-71).

Section 41309 of the Code directs us to approve any agreement or modification of an agreement if we find that it will not substantially lessen competition, and is not adverse to the public interest or in violation of the Act. We find that the agreement in Docket 49962 is not adverse to the public interest, in violation of the Act, or likely to lessen competition substantially, and that it should be approved.

Furthermore, we conclude that the approved agreement should be granted immunity from the operation of the antitrust laws to the extent necessary to permit its implementation. In general, the agreement amends existing provisions already approved and immunized by the Department. Where new provisions are created, they perform administrative and facilitatory functions similar to other resolutions that have been approved and immunized. 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 14 CFR 385.13:

We do not find that Resolutions R-1 through R-71 of the agreement in Docket 49962, as set forth in the attached Appendix, are adverse to the public interest, in violation of the Act, or likely to lessen competition substantially.

ACCORDINGLY,

  1. We approve R-1 through R-71 of the agreement in Docket 49962, as listed in the attached appendix, under 49 U.S.C. 41309; and
  2. To the extent that R-1 through R-71 of the agreement in Docket 49962 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 385.50, may file such petitions within ten 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 Policy 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)


Appendix

Docket     IATA                                         Expiry
49962  Designation          IATA Resolution Title       Date      
R-1    PSC(16)003       Standard Rescission Resolution  6/1/1996

R-2    PSC(16)701       Inadmissible Passenger and      Indefinite
                        Deportees (Amending)

R-3    PSC(16)720       Passenger Ticket and Baggage    Indefinite
                        Check--Technical Specifications
                        (Amending)

R-4    PSC(16)720a      Passenger Ticket and Baggage    Indefinite
                        Check - Issuance and Honoring
                        Procedures (Amending)

R-5    PSC(16)720b      Carbonized Traffic Documents-   Indefinite
                        Technical Specifications
                        (Amending)

R-6    PSC(16)721       Bank Settlement Plan Passenger  Indefinite
                        Ticket and Baggage Check--
                        Technical Specifications
                        (Amending)

R-7    PSC(16)722       Transitional Automated Ticket   Indefinite
                        (Amending)

R-8    PSC(16)722a      Off Premise Transitional        Indefinite
                        Automated Ticket (OPTAT)
                         (Amending)

R-9    PSC(16)722c      Automated Ticket/Boarding Pass  Indefinite
                        --Version 2 (ATB2) (Amending)

R-10   PSC(16)722d      Off Premise Automated Ticket/   Indefinite
                        Boarding Pass--Version 2
                        (OPATB2) (Amending)

R-11   PSC(16)722e      Automated Ticket/Boarding Pass  Indefinite
                           (ATB) and Multiple Purpose
                        Document (MPD), Coupon-by-
                        Coupon Technical Specification
                        (Amending)

R-12   PSC(16)724       Passenger Ticket--Notices and   Indefinite
                        Conditions of Contract
                        (Amending)

R-13   PSC(16)725       Miscellaneous Charges Order     Indefinite
                           (MCO)--Technical Specifications
                        (Amending)

R-14   PSC(16)725b      Miscellaneous Charges Order     Indefinite
                           (MCO)--Issuance and Honoring
                        Procedures (Amending)

R-15   PSC(16)725c      Automated Miscellaneous         Indefinite
                           Charges Order (MCO), Carrier
                        (Coupon-by-Coupon) (Amending)

R-16   PSC(16)725d      Automated Miscellaneous         Indefinite
                           Charges Order (MCO), Neutral
                        (Coupon-by-Coupon) (Amending)

R-17   PSC(16)726       Multiple Purpose Document (MPD) Indefinite
                           (Amending)

R-18   PSC(16)726a      Multiple Purpose Document       Indefinite
                           (MPD)--Carrier, Carbonized,
                        Automated (Amending)

R-19   PSC(16)726b      Multiple Purpose Document       Indefinite
                           (MPD)--Neutral, Carbonized,
                        Automated (Amending)

R-20   PSC(16)727       Tickets-Alterations to Flight   Indefinite
                           Coupons (Amending)

R-21   PSC(16)728       Code Designator for Passenger  Indefinite
                        Ticket and Baggage Check
                           (Amending)

R-22   PSC(16)731       Prepaid Ticket Advice (PTA)     Indefinite
                        (Amending)

R-23   PSC(16)731a      Automated Prepaid Ticket Advice Indefinite
                           (PTA), Carrier Coupon-by-
                        Coupon (Amending)

R-24   PSC(16)731b      Automated Prepaid Ticket Advice Indefinite
                           (PTA), Neutral Coupon-by-
                        Coupon (Amending)

R-25   PSC(16)734a      Automated Tour Order, Neutral   Indefinite
                           (Coupon-by-Coupon) (Amending)

R-26   PSC(16)735a      Extension of Ticket Validity    Indefinite
                           (Amending)

R-27   PSC(16)735d      Involuntary Change of Carrier,  Indefinite
                           Routing, Class or Type of Fare
                        (Amending)

R-28   PSC(16)735e      Procedures for Involuntary      Indefinite
                           Change of Routing En Route
                        (Amending)

R-29   PSC(16)736       Voluntary Changes to Tickets    Indefinite
                        (Amending)

R-30   PSC(16)737       Refunds (Amending)              Indefinite

R-31 PSC(16)738 Agents Refund Voucher Indefinite (Amending) R-32 PSC(16)738a Automated Agents Refund Indefinite Voucher, Neutral-Coupon- by-Coupon (Amending) R-33 PSC(16)740 Form of Interline Baggage Tag Indefinite (Amending) R-34 PSC(16)742 Excess Baggage Ticket-- Indefinite Technical Specifications (Amending) R-35 PSC(16)742d United States Government Excess Indefinite Baggage Authorization/ticket (GEBAT) (Amending) R-36 PSC(16)742e Automated Excess Baggage Indefinite Ticket, Carrier Coupon-by- Coupon (Amending) R-37 PSC(16)742f Automated Excess Baggage Indefinite Ticket, Neutral Coupon-by- Coupon (Amending) R-38 PSC(16)743 Found and Unclaimed Checked Indefinite Baggage (Amending) R-39 PSC(16)743a Forwarding Mishandled Baggage Indefinite (Amending) R-40 PSC(16)763 Resolution 763 Location Indefinite Identifiers (Amending) R-41 PSC(16)766 Resolution 766 Interline Indefinite Passenger Reservations Procedure (Amending) R-42 PSC(16)767 Assignment of Airline Code Indefinite Numbers (Amending) R-43 PSC(16)780 Form of Interline Traffic Indefinite Agreement--Passenger (Amending) R-44 PSC(16)780e IATA Interline Traffic Indefinite Participation Agreement-- Passenger (Amending) R-45 PSC(16)781 Blacklisted Documents Indefinite (Amending)

R-46 PSC(16)1008 Glossary of Commonly Used Air Passenger Terms (Amending) R-47 PSC(16)1704 Office Function Designators for Passenger and Baggage Handling (Amending) R-48 PSC(16)1707a Baggage Service Messages, Data Element Dictionary (New) R-49 PSC(16)1708 Passenger Name List Message (PNL)/Additions and Deletions List (ADL) (Amending) R-50 PSC(16)1718 Passenger Transfer Message (PTM) (Amending) R-51 PSC(16)1718a Baggage Transfer Message (BTM) (Amending) R-52 PSC(16)1718b Baggage Source Message (BSM) (Amending) R-53 PSC(16)1718c Baggage Loading and Unloading Messages (Amending) R-54 PSC(16)1719 Passenger Final Sales (Post- Departure Reconciliation) Message (PFS) (Amending) R-55 PSC(16)1719a Passenger Traveler List (FTL) Message (Amending) R-56 PSC(16)1719b Passenger Reconcile Message (New) R-57 PSC(16)1720a Standard Specifications for Optical Scanning of Document Numbers for Automated Documents (Amending) R-58 PSC(16)1722c Automated Ticket/Boarding Pass, Version 1 (ATB1) (Amending) R-59 PSC(16)1722e ATB2 Quality Self-Monitoring (New) R-60 PSC(16)1723 Standard ATB Boarding Pass Wallet (New) R-61 PSC(16)1740b License Plate Fallback Sortation Tag (Amending) R-62 PSC(16)1740d Read and Sortation Rate in Baggage Handling Systems (Amending) R-63 PSC(16)1743a Tracing Procedure for Missing Checked Baggage (Amending) R-64 PSC(16)1743f Baggage Mishandling Cost Report (Amending) R-65 PSC(16)1751 Interline Baggage Claim (Amending) R-66 PSC(16)1780 Profiles of Interline Baggage Claims (Amending) R-67 PSC(16)1788 Ticketing and Baggage Regulations for Free and Reduced Transportation (Amending) R-68 PSC(16)1791b Standardized Format for Financial Transaction Messages (Amending) R-69 PSC(16)1792 Standards Irregularity Notice (Amending) R-70 PSC(16)1797b Baggage System Interface (BSI) (New) (Amending) R-71 PSC(16)1797c Management Information Systems Interface (New)


Endnotes
[1] IATA memorandum PSC/Reso/077, filed with the Department on December 13, 1994. IATA's 16th Passenger Services Conference was held in conjunction with the Fifteenth Joint ATA/IATA Passenger Services Conference.

[2] The individual resolutions and recommended practices are listed in the attached Appendix, along with their subject matter.