### BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Agreements Adopted by the Traffic Conferences of the International Air Transport Association OST-2011-XXXX

APPLICATION FOR APPROVAL OF AGREEMENTS BY THE INTERNATIONAL AIR TRANSPORT ASSOCIATION

7 July 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. #12 th 

### Floor Washington DC 20006

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Summary DOCKET: OST-2011-XXXX US DOT ORDER: pending

Date: 7 July 2011

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

US/UST involved: No

End of Government Filing Period: 22 July 2011

Meeting site, date: Mail Vote 685, e-Tariffs 6-24 June 2011

Intended effective date: 1 October 2011

Agreement: TC2 Within Africa, Within Middle East, between Middle East and Africa Mail Vote 685 Adoption Composite Resolution 071c e-Tariffs, 6-24 June 2011 Intended Effective Date: 1 October 2011

(Memo 1632)

R1 017c

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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 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 E. Lavin

7 July 2011 Date ServedInternational 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 LO/CR www.iata.org E-Mail: tariffs@iata.org 1 July 2011

MEMORANDUM

PTC COMP 1632

TO: Members Participating in Tariff Coordinating Conferences

FROM: Manager, Interline Tariffs

SUBJECT: TC2 Within Africa, Within Middle East, between Middle East and Africa Mail Vote 685 Adoption Composite Resolution 071c e-Tariffs, 6-24 June 2011 Intended Effective Date: 1 October 2011

R ESOLUTION
- A DOPTED
Attached are the modifications to PTC COMP Resolution 017c which were adopted on 24 June 2011 using the e-Tariffs process for an intended effective date of 1 October 2011.

The filing period for the attached Resolution ends 22 July 2011 . Members are reminded obligations under Resolutions 001 and 006 to advis e 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, w hen all the known necessary Government approvals have been received.

Cristina Rotor Manager, Tariff Solutions & Distribution IDFS PassengerRESOLUTION AMENDED AT

PASSENGER TARIFF COORDINATING CONFERENCE

WITHIN AFRICA, WITHIN MIDDLE EAST, MIDDLE EAST-AFRICA

MAIL VOTE 685

e-TARIFFS, 6-24 JUNE 2011

EFFECTIVE DATE: 01 OCTOBER 2011

RESO TITLE COMMENTS RD

017c Construction Rules for Fare Components Amended 1ADOPTED Res Doc : 1 Resolution : 017c

PTC2 MV685 e-Tariffs, Jun11 TC2 CONSTRUCTION RULES FOR FARE COMPONENTS

PTC2(MV685) 017c Amending Filing Period Begins 1 July 2011 Intended Effectiveness 1 October 2011 Ends 22 July 2011 Expiry Indefinite

Type A

RESOLVED that, for application in the With in Africa, Within Middle East, between Middle East and Africa subareas, Resolution 017c is amended as follows:

1 Paragraph 5) is amended

5) HIGHER INTERMEDIATE POINT (HIP) CHECK

a) Normal Fares

ix) notwithstanding the above

aa) for journeys originating in Western Africa, the HIP check in each fare component shall be applied on all ticketed points in Western Africa
bb) for journeys between Kilimanjaro and Nairobi, the HIP check in each fare component shall be applied on all ticketed poi nts

cc) bb) for journeys originating in Malawi, the HIP checks in each fare component shall be applied on all ticketed points in Malawi

2 Paragraph 6) a) v) is added

6) ONE WAY BACKHAUL RULE (BHC)

a) this paragraph does not apply

i) for pricing unit s wholly within TC1

ii) for pricing units wholly betw een Argentina, Brazil, Chile, Paraguay, Uruguay and TC2

iii) for pricing unit s wholly within Europe

iv) for pricing units between Europe and the Middle East/Africa

v) for pricing units wholly within Africa