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

Agreements Adopted by the Traffic Conferences of the International Air Transport Association OST-2010-XXXX

APPLICATION FOR APPROVAL OF AGREEMENTS BY THE INTERNATIONAL AIR TRANSPORT ASSOCIATION

26 March 2010 Communications with respect to this document should be sent to

Douglas Lavin Regional Vice President – North America International Air Transport Association IATA Washington, 601 Pennsylvania Avenue, N.W. Suite 300 - North Building Washington DC 20004

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Summary DOCKET: OST-2010-XXXX US DOT ORDER: pending

Date: 26 March 2010

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

US/UST involved: Yes

End of Government Filing Period: 31 March 2010

Meeting site, date: Mail Vote 630

Intended effective date: 1 April 2010

Agreement: Mail Vote 630 –Resolution 010t Composite Resolutions 300, 301 Baggage Allowance Weight System, Baggage Allowance Piece System 

### Intended Effective Date: 1 April 2010 (Memo 1565)

r1 010t

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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 not ice 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 Lavin

26 March 2010 Date ServedInternational Air Transport Association

Route de l’Aéroport 33 PO Box 416 CH - 1215 Geneva 15 Airport Switzerland Tel: +41 22 770 2842 Fax +41 22 770 2896 BB www.iata.org E-Mail: tariffs@iata.org 26 March 2010

MEMORANDUM

PTC COMP 1565

TO: Members Participating in Tari ff Coordinating Conferences (SP-6131)

FROM: Global Head, Passenger

SUBJECT: Mail Vote 630 –Resolution 010t Composite Resolutions 300, 301 Baggage Allowance Weight System, Baggage Allowance Piece System Intended Effective Date: 1 April 2010

M AIL V OTE

– A DOPTION

As the negative vote cast was removed, Mail Vote 630 as circulated by MV630-1 dated 18 March 2010, is declared adopted.

1. Composite Baggage Resolutions 300 and 301 are set to expire on 31 March 2010 and be replaced by Resolution 302 Baggage Provisions Selection Criteria from 1 April 2010.

2. Although Resolution 302 has been declared effective by PTC COMP 1550 dated 14 October 2009, IATA has been advised that the industry is not ready to implement Resolution 302 for the following reasons;

a. The ATPCO automated solution for Resolution 302 is not yet finalized and will take several months for implementation in cooperation wi th interested systems suppliers and airlines;

b. Based on responses received from “baggage champions”, who participated in a detailed questionnaire as part of the Joint IATA/ATPCO Automated Baggage Rules Task Force (ABRTF), it was concluded that airlines ar e not yet ready to implement their own baggage policies in an automated way in absence of the ATPCO solution;

c. The recent meeting of the Resolutions Advisory Working Group (RADWG) unanimously endorsed the proposal to revalidate Resolutions 300 and 301 to extend their expiry date by one year until 31 March 2011.

3. Accordingly, it is proposed that the Co mposite Baggage Resolutions 300 and 301 are extended until 31 March 2011.4. It was confirmed by the Passenger Steering Gr oup (PSG) that there would not be any further extension to the deadline for implementing autom ated baggage rules to meet the provisions of Resolution 302. Accordingly it is vital that the industry grasp this last opportunity to implement an automated solution in accordance with Resolution 302 before we lose the fallback of Resolutions 300/301 for all time.

The filing period for this Mail Vote ends 31 March 2010 . 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 accor dance with Resolutions 001 and 006, when all the known necessary Government approvals have been received.

Alban Sato Manager Interline Tariffs IDFS PassengerRESOLUTIONS ADOPTED AT

PASSENGER TARIFF COORDINATING CONFERENCE

COMPOSITE RESOLUTIONS

MAIL VOTE 630

EXPEDITED EFFECTIVE DATE: 1 APRIL 2010

RESO TITLE COMMENTS RD

010t Special Revalidating Resolution New 1

300 Baggage Allowance Weight System Revalidation 1

301 Baggage Allowance Piece System Revalidation 1ADOPTED Res Doc : 1 Resolution : 010t

SPECIAL REVALIDATING RESOLUTION

PTC1(Mail 630) 010t Amending PTC2(Mail 630) 010t PTC3(Mail 630) 010t PTC12(Mail 630) 010t PTC23(Mail 630) 010t PTC31(Mail 630) 010t PTC123 (Mail 630) 010t Begins 26 March 2010 Intended Effectiveness 1 April 2010 Ends 31 March 2010 Expiry 31 March 2011

Type B

RESOLVED that,

the following Resolutions are revalidated

300 301