### BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Agreements Adopted by the Traffic Conferences of the International Air Transport Association OST-2012-XXXX

APPLICATION FOR APPROVAL OF AGREEMENTS BY THE INTERNATIONAL AIR TRANSPORT ASSOCIATION

7 March 2012 Communications with respect to this document should be sent to

Douglas E. Lavin Regional Vice President – North America International Air Transport Association 1776 K.St. N.W. #12 th 

### Floor Washington DC 20006

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Summary DOCKET: OST-2012-XXXX US DOT ORDER: pending

Date: 7 March 2012

Filing fee / IATA Acct: USD 61 / 0000-06

US/UST involved: Yes

End of Government Filing Period: 9 March 2012

Meeting site, date: MV702

Intended effective date: 1 April 2012

Agreement: Mail Vote 702 - Resolution 100 Standard Condition Resolution for Special Fares Intended Effective Date 1 April 2012 (Memo 1665)

R1 100

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APPLICATION FOR APPROVAL OF AGREEMENT

Pursuant to statements submitted by Member airlines of the International Air Transport Association (IATA), the undersigned has been constitu ted to be their attorney-in-fact for filing with the Department of Transportation copi es of agreements adopted by the IATA Traffic Conferences.
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, I am filing with the Department this applicat ion for approval of an IATA agreement.
This agreement and related factual a nd explanatory material and documentation required by 14 C.F.R. 303.31 and Department and Civil Aeronautics Board (CAB) precedent are contained in the IATA Traffic C onference documentation summarized above.
This agreement arises from the continuing process of Tariff Coordinating Conferences and was developed in the context of prior Depar tment and CAB rulings addressing related resolutions which reflected regulatory and market conditions then in effect. Thus, the present agreement should be viewed as part of a dynam ic process of IATA Member airline adjustment to governmental and economic factors.
On previous occasions, the Department ha s found such agreements to be consistent with the public interest when they do not result in fares or rates that are unlawful or injurious to competition in the markets at issue. A pproval of the present agreement would not yield fares or rates that are unlawful or injurious to competition. Moreover, approval of this agreement, which reflects compromises among the differing economic and social philosophies of the many nations whose airlines are parties, will advance the public interest in maintaining good aviation relations with other countries.
We request early approval by the Department of the for egoing agreement, pursuant to 49 U.S.C. 41309, and the grant of full antitrust immunity, pursuant to 49 U.S.C. 41308.
The conferral of full antitrust immunity wo uld be in the public interest and necessary for the transaction to proceed. This agreement is a product of the IATA Tariff Coordinating Conferences which the Department found to be anticompetitive but nevertheless approved and immunized in Order 85-5-32 (May 6, 1985) on foreign policy and comity grounds because such action is necessary to achieve the serious transportation need of maintaining good aviation relations with other countries and these benefits are not obtainable by reasonably available means having materi ally less anticompetitive effects.
This agreement concerns fares or rates between non-U.S. points and thus has at most indirect application in foreign air transportati on. The U.S. authorities have recognized (e.g, Order 79-8-194, 30 August 1979) that the interests of sovereign nations in the conditions governing air transportation between them greatly exceed any that the U.S. might have by reason of U.S. airline, citizen or shipper partici pation. This agreement is not adverse to the public interest or in violation of the Act and, therefore, should be granted full immunity.
Respectfully submitted

___________________________ Douglas Lavin Regional Vice President – North America International Air Transport Association

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CERTIFICATE OF SERVICE

A copy of this application or a summary notic e thereof has been served by first class or priority mail on the following person

Chief, Transportation, Energy & Agriculture Section Antitrust Division Department of Justice Washington D.C. 20530

________________________________ Douglas E. Lavin

7 March 2012 Date ServedInternational Air Transport Association ute de l’Aéroport 33 PO Box 416 CH - 1215 Geneva 15 Airport Switzerland Tel: +41 22 770 2842 Fax +41 22 770 2896 AS www.iata.org E-Mail: tariffs@iata.org 24 February 2012

MEMORANDUM

PTC COMP 1665

TO: Members Participating in Tariff Coordinating Conferences

FROM: Manager, Tariffs and Reservation Standards

SUBJECT: Mail Vote 702 - Resolution 100 Standard Condition Resolution for Special Fares Intended Effective Date 1 April 2012



### M AIL 

### V OTE 

### - A DOPTION

As no negative votes were cast during the voting period which expired 24 February 2012, 1400 hours Geneva time, Mail Vote 702 as circulated by MV702-1 dated 16 February is declared adopted.

1. Resolution 100 for Special fares, paragraph 10) B) 2) Combinations stipulates that, when combining fares within a pricing unit, the most restrictive conditions apply to all paragraphs except paragraphs 2, 3, 4, 9, 11, 12, 17 and 19.

2. The Resolution Advisory Working Group (RADWG) meeting held 31 October – 4 November 2011 in Geneva reviewed the paragraph and determined that the exception should also apply to Paragraphs 20) Tour Conductor Discounts, 21) Agent Discounts and 22) Other Discounts/Secondary Fare Collection, as the paragraphs have the same logic as Paragraph 19) Children and Infant Discounts. Proposed amendment is attached.

The filing period for this Mail Vote ends 9 March 2012 . Members are reminded of their obligations under Resolutions 001 and 006 to advise this office by the end of the filing period whether approval by their Government authorities is required and, if so, to accomplish the necessary filing formalities. The effective date will be declared in accordance with Resolutions 001 and 006, when all the known necessary Government approvals have been received.

Alban Sato Manager, Tariffs and Reservation Standards IDFS PassengerADOPTED Res Doc: 1 Resolution: 100

PTC COMP1665 MV702 Feb12 RESOLUTION 100 – STANDARD CONDITIO N RESOLUTION FOR SPECIAL FARES

PTC1 (Mail 702) 100 Amending PTC2 (Mail 702) 100 PTC3 (Mail 702) 100 PTC12 (Mail 702) 100 PTC23 (Mail 702) 100 PTC31 (Mail 702) 100 PTC123 (Mail 702) 100

Filing Period Begins 27 February 2012 Intended Effectiveness 1 April 2012 Ends 9 March 2012 Expiry Indefinite

Type B

RESOLVED that, Resolution 100, Paragraph 10)B)2) is amended as follows:

B) 1) Constructions governing Resolution Composite Resolution 015 series (Add-Ons)

2) Combinations when combining fares within a pricing unit, the more restrictive conditions apply; this requirement shall apply to all Paragraphs except Paragraphs 2) Day/Time, 3) Seasonality, 4) Flight Application, 9) Transfers, 11) Blackout Dates, 12) Surcharges,17) Higher Intermediate Point and Mileage Exceptions, 19) Children and Infant Discounts, 20) Tour Conductor Discounts, 21) Agent Discounts, 22) Other Discounts/Secondary Fare Collection

Exception: combinations of special fares or combinations of special fares and normal fares

apply the maximum number of stopovers permitted and/or the minimum number of stopovers required by the most restrictive rule in the pricing unit. All other unique conditions of permissible or required stopovers, (e.g. charge, location, inbound/outbound application, etc) of a fare used in combination shall apply only to such fare and to no other fare in the combination

3) except as otherwise specified in a fare Resolution

a) where end-on combination is permitted the conditions of the special fare (including Application) apply only to the use of the special fare and not to any combined fares

b) any end-on combination restriction applies to the entire journey

Exception: notwithstanding any other Resolution, end-on combinations to/from USA