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. #12th Floor 

Washington DC 20006 
 1

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 
 2

APPLICATION FOR APPROVAL OF AGREEMENT

 Pursuant to statements submitted by Member airlines of the International Air Transport 

Association (IATA), the undersigned has been constituted to be their attorney-in-fact for filing 

with the Department of Transportation copies 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 application for approval of an IATA 

agreement. 

 This agreement and related factual and 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 Conference documentation summarized above. 

 This agreement arises from the continuing process of Tariff Coordinating Conferences 

and was developed in the context of prior Department 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 dynamic process of IATA Member airline 

adjustment to governmental and economic factors. 

 On previous occasions, the Department has 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. Approval 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 foregoing 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 would 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 materially less anticompetitive effects. 

 This agreement concerns fares or rates between non-U.S. points and thus has at most 

indirect application in foreign air transportation. 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 participation. 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 
 3

CERTIFICATE OF SERVICE

 A copy of this application or a summary notice 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 Served 
International 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 

MAIL VOTE - ADOPTION

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 Passenger 
ADOPTED Res Doc: 1 

 Resolution: 100 

PTC COMP1665 

MV702 Feb12 

RESOLUTION 100 – STANDARD CONDITION 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