### 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

15 February 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. #12 th 

### Floor Washington DC 20006

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Summary DOCKET: OST-2012-XXXX US DOT ORDER: pending

Date: 15 February 2012

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

US/UST involved: Yes

End of Government Filing Period: 24 February 2012

Meeting site, date: MV701

Intended effective date: 15 March 2012 / Implementation: 1Apr12

Agreement: PTC COMP Mail Vote 701 - Resolution 011a Mileage Manual Non TC Member / Non IATA Carrier Sectors Intended Effective Date 15 March 2012 for Implementation 1 April 2012 (Memo 1663)

R1 011a

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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 notic e 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

15 February 2012 Date ServedInternational 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 9 February 2012

MEMORANDUM

PTC COMP 1663

TO: Members Participating in Tariff Coordinating Conferences

FROM: Manager, Tariffs and Reservation Standards

SUBJECT: PTC COMP Mail Vote 701 - Resolution 011a Mileage Manual Non TC Member / Non IATA Carrier Sectors Intended Effective Date 15 March 2012 for Implementation 1 April 2012

M AIL V OTE - A DOPTION

As no negative votes were cast during the voting period which expired 9 February 2012, 1400 hours Geneva time, Mail Vote 7011 as circulated by MV701-1 dated 2 February is declared adopted.

1. IATA analysed the non-TC Member / Non-IATA carrier non-stop sectors which should be included as Resolution 011a sectors in the 43rd edition of the Mileage Manual, in order to prevent mileage constructions resulting in inflated mileages.

2. As a result of this analysis, IATA proposes the attached revision to Attachment A to Resolution 011a. Other Resolution 011a sectors currently contained in Attachment A have been maintained unchanged.

3. The attached revision reflects a number of deleted sectors. These deletions may have occurred for the following reasons:

Ò the sector is now operated all year by a TC Member in both directions Ò the sector is no longer necessary as a Resolution 011a sector because a new TC Member services in the area Ò another sector may be more effective as a Resolution 011a sector in the same area Ò the sector is no longer operated

4. As background, Shortest Operated Mileages (SOM) excluding 011a sectors compared with 011a sector mileages have been shown in the attached revision against each new selected sector.

The filing period for this Mail Vote ends 24 February 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 PassengerADOPTED Res Doc: 1 Resolution: 011a

PTC COMP1663 MV701 Feb12 MILEAGE MANUAL NON-TC MEMBER/NON-IATA CARRIER SECTORS

PTC COMP (Mail 661) 011a Amending

Filing Period Begins 10February 2012 Intended Effectiveness 15 March 2012 Ends 24 February 2012 Implementation 01 April 2012 Expiry Indefinite

Type B

RESOLVED that, Resolution 011a, Attachment ‘A’ is amended as follows:

MM43 - RESOLUTION 011A SECTORS

BETWEEN AND

Code City Code City GCD SOM Action

ABJ Abidjan NIM Niamey Delete ALA Almaty DYU Dushanbe Delete ALA Almaty TAS Tashkent Delete ATQ Amristar KBL Kabul Delete
AUA Aruba MAR Maracaibo 168 1232 New
ATH Athens ITA Tirana Delete BKO Bamako CKY Conakry Delete
BGI Barbados SLU St Lucia 115 445 New
FRU Bishkek DYU Dushanbe Delete BZV Brazzaville KGL Kigali 1039 2432 New CTG Cartagena MAR Maracaibo Delete CTG Cartagena CUR Curacao 461 1036 New
COO Cotonou NIM Niam ey Delete CUR Curacao KIN Kingston 659 1743 New
CUR Curacao LSP Las Piedras 90 1498 New
CUR Curacao SXM St Maarten 562 2009 New
EBB Entebbe JUB Juba 339 2125 New
FLL Fort Lauderdale NAS Nassau 183 454 New FOC Fuzhou TPE Taipei Delete GND Grenada POS Port of Spain Delete KHH Kaohsiung XMN Xiamen Delete KCH Kuching PNK Pontianak 130 1452 New MRV Mineralnye Vo EVN Yerevan Delete MSQ Minsk MOW Moscow Delete
NAS Nassau PBI West Palm Beach Delete
ROV Rostov EVN Yerevan 544 1414 New
SLA Salta SRZ Santa Cruz 521 2012 New SKP Skopje SOF Sofia Delete SKP Skopje TIA Tirana Delete
SOF Sofia TIA Tirana Delete TXG Taichung XMN Xiamen Delete
THR Tehran EVN Yerevan Delete