### 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

3 0 July 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

### 1

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

Date: 3 0 July 2010

Filing fee / IATA Acct: USD 122 / 0000-06

US/UST involved: no

End of Government Filing Period: 6 August 2010

Meeting site, date: Mail Vote 642

Intended effective date: 1 December 2010

Agreement: Mail Vote 642 – Resolutions: 024a - Establishing Passenger Fares and Related Charges 024e - Rules for Payment of Local Currency Fares

Intended Effective Date: 1 December 2010 (Memo 1578)

r1 024a

r 2 024e

### 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 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

3 0 July 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 KP www.iata.org E-Mail: tariffs@iata.org 

### 30 July 2010

MEMORANDUM

PTC COMP 1578

TO: Members Participating in Tariff Coordinating Conferences

FROM: Global Head, Passenger

SUBJECT: PTC COMP Mail Vote 642 Resolution 024a Establishing Passenger Fares and Related Charges Resolution 024e Rules for Payment of Local Currency Fares

Intended Effective Date: 1 December 2010

M AIL 

### V OTE


### - A DOPTED



### As no negative votes were cast during the voting period which expired 1400 hours Geneva time 30 July 2010, Mail Vote 642 as circulated by MV642-1 dated 23 July 2010, is declared adopted.

The filing period for this Mail Vote ends 6 August 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 Resolution: 024a

International 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 KP www.iata.org E-Mail: tariffs@iata.org 

### ESTABLISHING PASSENGER FARES AND RELATED CHARGES

PTC COMP(Mail 642) 024a Amending

Intended Effectiveness: 1 December 2010

Expiry: Indefinite

Type A, except Attachments ‘A’ and ‘B’ which are Type B

RESOLVED that, Resolution 024a, Attachment B is amended as follows

ATTACHMENT 'B'
Countries for which passenger fares and excess baggage charges are established in euro

Albania Armenia Austria Azerbaijan Belarus Belgium Bosnia and Herzegovina Bulgaria Cape Verde Croatia Cyprus Estonia Finland France except French Polynesia (including Wallis and Futuna), New Caledonia (including Loyalty Islands) Georgia Germany Greece Ireland Italy Kyrgyzstan Latvia Luxembourg Macedonia (FYROM) Malta Moldova Monaco Montenegro Netherlands Portugal Romania Russia Serbia Slovakia Slovenia Spain Tajikistan Turkey Turkmenistan Uzbekistan

### ADOPTED Res Doc: 2 Resolution: 024e

International 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 KP www.iata.org E-Mail: tariffs@iata.org 

### RULES FOR PAYMENT OF LOCAL CURRENCY FARES

PTC COMP(Mail 642) 024e Amending

Intended Effectiveness: 1 December 2010

Expiry: Indefinite

Type A, except Attachments ‘A’ and ‘B’ which are Type B

RESOLVED that, Resolution 024e, Attachment A is amended as follows

ATTACHMENT 'A'
Sources for Rates of Exchange for Estonia:

For the period 1 st 

### December 2010 and until 31 st 

### December 2010, the rate of exchange of the EUR with respect to the EEK will be fixed at 15.6466. For all other currencies the bankers selling rate of the EUR will be the one published by the Financial Times each Tuesday. This rate will be applicable from Wednesday of each week up to and including Tuesday of the following week.

### ADOPTED

International 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 KP www.iata.org E-Mail: tariffs@iata.org 

### IATA Note:

1. The conversion rate is set at EUR 1 = EEK 15.6466.

2. Fares from Estonia will be converted to EUR at the above rate for intended effect 1 December 2010.