Order 95-9-33

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

Issued by the Department of Transportation
on the 28th day of September, 1995

Agreements Adopted by the Traffic	|
Conferences of theInternational Air	|	Docket OST-95-376
Transport Association			|	CAB Agreement 1175
ORDER

The International Air Transport Association (IATA) has filed twoamendments to the Provisions for the Conduct of IATA Traffic Conferences (theProvisions) for interim approval and grant of antitrust immunity undersections 41308 and 41309 of Title 49 of the United States Code and Part 303 of theDepartment of Transportation's (DOT) regulations (14 CFR Part 303).

The first amendment in Docket OST-95-376 changes Paragraph X,subparagraph 15 of the Provisions to make it easier for the Bank SettlementPlan panel to conduct business by lowering the quorum requirements toone-third of panel members.Currently, a quorum consists of a majority of panel members.

The second amendment updates the First Schedule of the Provisions toreflect the recent changes of country names and geographical boundaries.

Section 41309 directs us to approve any agreement or modification of anagreement if we do not find it to be adverse to the public interest or inviolation of the statute. We find that the amendments in Docket OST-95-376are not adverse to the public interest, in violation of the statute, or likely tolessen competition substantially and that they should be approved.

Furthermore, we conclude that the approved amendments should be grantedimmunity from the operation of the antitrust laws to the extent necessary topermit their implementation. The amendments are administrative in nature anddo not raise immunity issues not previously considered. Conferring immunityupon them is consistent with our policy of conferring immunity on amendmentscoextensively with the underlying agreements.

ACCORDINGLY,

1. Subject to the Department's final decision in Docket 46928,we approve the amendments submitted in Docket OST-95-376 to Paragraph X,subparagraph 15 and the First Schedule of IATA's Provisions for the Conduct of IATA Traffic Conferences under 49 USCsection 41309; and

2. We exempt any person affected by this order from the operation ofthe antitrust laws, as provided in 49 USC section 41308.

By: 

			MARK L. GERCHICK
			 Acting Assistant Secretary for Aviation
			 and International Affairs
(SEAL)