BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Agreements Adopted by the Traffic 

Conferences of the International Air 

Transport Association 

Docket OST-2010-XXXX 

APPLICATION FOR APPROVAL OF AGREEMENTS 

BY THE 

INTERNATIONAL AIR TRANSPORT ASSOCIATION

27 January 2011 

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. #12th Floor 

Washington DC 20006 
 1

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

Date: 27 January 2011 

Filing fee / IATA Acct: USD 122 / 0000-08 

US/UST involved: No

End of Government Filing Period: 9 April 2010

Meeting site, date: Mail Vote 632 

Intended effective date: For travel on/after 1 July 2010 

Agreement: Mail Vote 632 - Flex Fares Resolutions 

 TC1 Caribbean, Longhaul, Within South America 

e-Tariffs, 8 – 17 March 2010 

 Intended Effective date: 

 For travel on/after 1 July 2010 

(Memo 0395) 

r1 041ee 

r2 051ee 

 

 

 
 2

APPLICATION FOR APPROVAL OF AGREEMENT

 Pursuant to statements submitted by Member airlines of the International Air Transport 

Association (IATA), the undersigned has been constituted to be their attorney-in-fact for filing 

with the Department of Transportation copies 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 Conference documentation summarized above. 

 This agreement arises from the continuing process of Tariff Coordinating Conferences 

and was developed in the context of prior Department 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. Approval 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 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 participation. 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 

27 January 2011 

Date Served 
International Air Transport Association 

Route de l’Aéroport 33 

PO Box 416 

CH - 1215 Geneva 15 Airport 

Switzerland 

Tel: +41 22 770 2525 

Fax +41 22 770 2896 

BB www.iata.org E-Mail: tariffs@iata.org 

19 March 2010 

MEMORANDUM

PTC1 0395 

TO: Members Participating in Tariff Coordinating Conferences (SP-6118) 

FROM: Global Head, Passenger 

SUBJECT: Mail Vote 632 – Flex Fares Resolutions

TC1 Caribbean, Longhaul, Within South America 

 e-Tariffs, 8 – 17 March 2010 

Intended Effective date: 

for travel on/after 1 July 2010 

RESOLUTIONS - ADOPTED

Attached are the TC1 Caribbean, Longhaul, Within South America Resolutions, which 

were adopted on 17 March 2010 using the e-Tariffs platform for an intended effective date 

for travel on/after 1 July 2010. 

The filing period for the attached Resolutions ends 9 April 2010. Members are reminded 

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. 

Cristina Rotor 

Manager, Tariff Solutions & Distribution 

IDFS Passenger 
PTC1 0395, MV632 

Mar10 

RESOLUTIONS ADOPTED 

PASSENGER TARIFF COORDINATING CONFERENCE 

TC1 

CARIBBEAN, LONGHAUL, WITHIN SOUTH AMERICA 

MAIL VOTE 632 

EFFECTIVE DATE: 01 JULY 2010 

RESO TITLE COMMENTS RD 

041ee TC1 Intermediate/Business Class Flex Fares Amended 1 

051ee TC1 First Class Flex Fares Amended 2 
ADOPTED Res Doc : 1 

 Resolution : 041ee 

PTC1 0395, MV632 

Mar10 

TC1 

INTERMEDIATE/BUSINESS CLASS 

FLEX FARES 

PTC1(MV632)041ee Amended 

Filing Period Begins 22 March 2010 Intended Effectiveness 1 July 2010 

 Ends 17 April 2010 Expiry Indefinite 

 Type B 

RESOLVED that, for application the TC1 Caribbean, Longhaul, Within South America 

subarea Resolution 041ee is amended as follows 

1 Paragraph 19) is amended 

19) CHILDREN AND INFANT DISCOUNTS 

 A) 1) Children

 a) accompanied children 

 aged 2-11 years: charge 75 100% of applicable adult fare 

 b) unaccompanied children 

 aged 2-11 years: charge 100% of applicable adult fare 

 2) Infant

 a) accompanied infant 

 i) no seat: 10% of applicable adult fare not permitted

 ii) booked seat: charge 75 100% of applicable adult fare 

 b) unaccompanied infant 

 not permitted 
ADOPTED Res Doc : 2 

 Resolution : 051ee 

PTC1 0395, MV632 

Mar10 

TC1 

FIRST CLASS 

FLEX FARES 

PTC1(MV632)051ee Amended 

Filing Period Begins 22 March 2010 Intended Effectiveness 1 July 2010 

 Ends 17 April 2010 Expiry Indefinite 

 Type B 

RESOLVED that, for application the TC1 Caribbean, Longhaul, Within South America 

subarea Resolution 051ee is amended as follows 

1 Paragraph 19) is amended 

19) CHILDREN AND INFANT DISCOUNTS 

 A) 1) Children

 a) accompanied children 

 aged 2-11 years: charge 100% of applicable adult fare 

 b) unaccompanied children 

 aged 2-11 years: charge 100% of applicable adult fare 

 2) Infant

 a) accompanied infant 

 i) no seat: charge 10% of applicable adult fare not permitted

 ii) booked seat: charge 100% of applicable adult fare 

 b) unaccompanied infant 

 not permitted