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

25 October 2010 Communications with respect to this document should be sent to
Douglas Lavin Regional Vice President – North America International Air Transport Association IATA Washington, 1776 K St. N.W. #12 th Floor Washington DC 20006

### 1

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

Date: 25 October 2010
Filing fee / IATA Acct: USD 61 / 0000-58

US/UST involved: Yes
End of Government Filing Period: 28 October 2010

Intended effective date: 1 November 2010
Agreement: Mail Vote 648 - Resolution 010e TC31 North & Central Pacific Special Passenger Amending Resolution from USA to South East Asia (Memo 0525)

R1 010e

### 2

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 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 Lavin

25 October 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 

### 21 October 2010

MEMORANDUM PTC31 NC 0525
TO: Members Participating in Tariff Coordinating Conferences
FROM: Manager, Passenger Interline Tariffs

SUBJECT: Mail Vote 648 - Resolution 010e TC31 North & Central Pacific Special Passenger Amending Resolution from USA to South East Asia Intended Effective Date: 1 November 2010

V OTING 

### R ESULT 

### - A DOPTED 

### As no negative votes were cast during the voting period which expired 1400 hours Geneva time, Mail Vote 648 as circulated by MV648-1 dated 7 October 2010 and amended MV648-2 dated 13 October 2010 is declared adopted on 21 October 2010.
It is proposed to increase Intermediate Business Class (C) fares from USA to China (excluding Hong Kong SAR and Macao SAR) because of rising costs for intended effective date of 1 November 2010 as attached.
The filing period for this Mail Vote ends 28 October 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 Passenger

### ADOPTED Res Doc: 1

PTC31 NC 0525 MV648, GVA Oct2011 

### TC31 NORTH AND CENTRAL PACIFIC SPECIAL PASSENGER AMENDING RESOLUTION USA TO SOUTH EAST ASIA

PTC31(Mail 648) 010e New

Intended Effectiveness 1 November 2010 Expiry Indefinite
Type B
RESOLVED that, for intended effectiveness of 1 November 2010, fares in Resolution 046e from the USA are amended:
Intermediate Business Class (C) fares from USA to China (excluding Hong Kong SAR and Macao SAR) are increased by 5% as attached.7B: TC31 NORTH & CENTRAL PACIFIC-SOUTH EAST ASIA 1

MV648 FROM USA TO CHINA (EXCLUDING HONG KONG SAR AND MACAO SAR ) HNL-BJS Origin Origin > Destination GI > Destination GI Fare Basis Note Fare Reso Effective Expiry Fare Basis Note Fare Reso Effective Expiry HONOLULU HI HNL USD >>>>> BEIJING BJS PA C OO 4379 046E 01NOV10 C RT 6737 046E 01NOV10

>>>>> GUANGZHOU CAN PA C OO 4422 046E 01NOV10 C RT 6803 046E 01NOV10

>>>>> SHANGHAI SHA PA C OO 4379 046E 01NOV10 C RT 6737 046E 01NOV10 SAN FRANCI CA SFO USD >>>>> BEIJING BJS PA C OO 4822 046E 01NOV10 C RT 7417 046E 01NOV10

>>>>> GUANGZHOU CAN PA C OO 4870 046E 01NOV10 C RT 7493 046E 01NOV10

>>>>> SHANGHAI SHA PA C OO 4822 046E 01NOV10 C RT 7417 046E 01NOV10

Date: 13-OCT-10 SFO-SHA