### 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

12 February 2010 Communications with respect to this document should be sent to

Douglas E. 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-2009-XXXX US DOT ORDER: pending

Date: 12 February 2010

Filing fee / IATA Acct: USD 61 / 0000-28

US/UST involved: No

End of Government Filing Period: 17 February 2010

Intended effective date: 22 February 2010

Agreement: Mail Vote 622 TC3 Within South East Asia Special Passenger Amending Resolution 010o between Viet Nam and Myanmar (Memo 1356)

r1 010o

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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 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 Co nference documentation summarized above.

This agreement arises from the continui ng process of Tariff Coordinating Conferences and was developed in the context of prior D epartment 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. 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 Departm ent 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 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 E. 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 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

12 February 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 11 February 2010

MEMORANDUM

PTC3 1356

TO: Members Participating in Tariff Coordinating Conferences (SP-6064)

FROM: Global Head, Passenger

SUBJECT: Mail Vote 622 TC3 Within South East Asia Special Passenger Amending Resolution 010o between Viet Nam and Myanmar Intended effective Date: 22 February 2010

M AIL V OTE
- A DOPTED

As no negative votes were cast during the voting period which expired 1400 hours Geneva time 10 February 2010, Mail Vote 622 as circulated by MV622-2 dated 8 February 2010 is declared adopted.

It is proposed to introduce fares between Hanoi (HAN) and Yangon (RGN) as attached. A Member will commence direct operation and these fares are required.

The filing period for this Mail Vote ends 17 February 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 accordance with Resolutions 001 and 006, when all the known necessary Government approvals have been received.

Alban Sato Manager, Interline Tariffs IDFS PassengerADOPTED Res Doc: 1 Resolution: 010o Page : 1

MV622, Feb2010 TC3 SPECIAL PASSENGER AMENDING RESOLUTION BETWEEN VIET NAM AND MYANMAR

PTC3(Mail 622) 010o New

Filing Period Begins 11 February 2010 Intended Effectiveness 22 February 2010 Ends 17 February 2010 Expiry 31 March 2010

Type B

RESOLVED that, specified fares are introduced as follows for intended effectiveness 22 February 2010;

Between Hanoi (HAN) and Yangon (RGN), fares are introduced equal to levels between Ho Chi Minh City (SGN) and Yangon (RGN)