### 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

4 November 2010 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 20006Summary DOCKET: OST-2010-XXXX US DOT ORDER: pending

Date: 4 November 2010
Filing fee / IATA Acct: USD 61 / 0000-28

US/UST involved: No
End of Government Filing Period: 11 November 2010

Intended effective date: 15 November 2010

Agreement 

### : Mail Vote 649 TC3 Within South East Asia Special Passenger Amending Resolution 010f Fares between Chinese Taipei and Viet Nam Intended effective Date: 15 November 2010

(Memo 1411)

r1 010fAPPLICATION 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 E. Lavin Regional Vice President – North America International Air Transport AssociationCERTIFICATE 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

4 November 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 

### 3 November 2010

MEMORANDUM PTC3 1411
TO: Members Participating in Tariff Coordinating Conferences
FROM: Manager, Passenger Interline Tariffs

SUBJECT: Mail Vote 649 – Resolution 010f TC3 Within South East Asia Special Passenger Amending Resolution Fares between Chinese Taipei and Viet Nam Intended effective Date: 15 November 2010

M AIL 

### V OTE 

### - A DOPTION 

### As no negative votes were cast during the voting period which expired 3 November 2010, 1400 hours Geneva time, Mail Vote 649 as circulated by MV649-1 dated 20 October 2010 and amended MV649-2 dated 1 November 2010 is declared adopted on 3 November 2010.
It is proposed to introduce fares between Taichung (TXG) and Ho Chi Minh City (SGN), Kaohsiung (KHH) and between Can Tho (VCA) and Taipei (TPE), Kaohsiung (KHH) as attached. A Member will commence direct operation and these fares are required.
The filing period for this Mail Vote ends 11 November 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: 010f Page: 1

PTC3 1411 MV649, Nov10 

### TC3 SPECIAL PASSENGER AMENDING RESOLUTION BETWEEN CHINESE TAIPEI AND VIET NAM

PTC3(Mail 649) 010f New

Begins 4 November 2010 Intended Effectiveness 15 November 2010 Ends 11 November 2010 Expiry 31 March 2011

Type B

RESOLVED that, for intended effectiveness 15 November 2010, fares are introduced as shown in the Attachment:
1 Fares from Taichung (TXG) to Ho Chi Minh City (SGN), Can Tho (VCA) and from Taipei (TPE), Kaohsiung (KHH) to Can Tho (VCA) are introduced equal to levels from Taipei (TPE) to Ho Chi Minh City (SGN) increased by 5%. 2 Fares from Ho Chi Minh City (SGN), Can Tho (VCA) to Taichung (TXG) and from Can Tho (VCA) to Taipei (TPE), Kaohsiung (KHH) are introduced equal to levels from Ho Chi Minh City (SGN) to Taipei (TPE) increased by 5%.3B: TC3 WITHIN SOUTH EAST ASIA 1

VCA-KHH Origin Origin > Destination GI > Destination GI Fare Basis Note Fare Reso Effective Expiry Fare Basis Note Fare Reso Effective Expiry CAN THO VCA USD >>>>> KAOHSIUNG KHH EH F OO 1016 053B 15NOV10 F RT 1695 053B 15NOV10 C OO 889 043B 15NOV10 C RT 1483 043B 15NOV10 Y OO 664 063B 15NOV10 Y RT 1106 063B 15NOV10

>>>>> TAICHUNG TXG EH F OO 1016 053B 15NOV10 F RT 1695 053B 15NOV10 C OO 889 043B 15NOV10 C RT 1483 043B 15NOV10 Y OO 664 063B 15NOV10 Y RT 1106 063B 15NOV10

>>>>> TAIPEI TPE EH F OO 1016 053B 15NOV10 F RT 1695 053B 15NOV10 C OO 889 043B 15NOV10 C RT 1483 043B 15NOV10 Y OO 664 063B 15NOV10 Y RT 1106 063B 15NOV10 HO CHI MINH C SGN USD >>>>> TAICHUNG TXG EH F OO 1016 053B 15NOV10 F RT 1695 053B 15NOV10 C OO 889 043B 15NOV10 C RT 1483 043B 15NOV10 Y OO 664 063B 15NOV10 Y RT 1106 063B 15NOV10 KAOHSIUNG KHH TWD >>>>> CAN THO VCA EH F OO 35482 053B 15NOV10 F RT 59136 053B 15NOV10 C OO 27798 043B 15NOV10 C RT 46327 043B 15NOV10 Y OO 21573 063B 15NOV10 Y RT 35951 063B 15NOV10 TAICHUNG TXG TWD >>>>> CAN THO VCA EH F OO 35482 053B 15NOV10 F RT 59136 053B 15NOV10 C OO 27798 043B 15NOV10 C RT 46327 043B 15NOV10 Y OO 21573 063B 15NOV10 Y RT 35951 063B 15NOV10

>>>>> HO CHI MINH C SGN EH F OO 35482 053B 15NOV10 F RT 59136 053B 15NOV10 C OO 27798 043B 15NOV10 C RT 46327 043B 15NOV10 Y OO 21573 063B 15NOV10 Y RT 35951 063B 15NOV10 TAIPEI TPE TWD >>>>> CAN THO VCA EH F OO 35482 053B 15NOV10 F RT 59136 053B 15NOV10 C OO 27798 043B 15NOV10 C RT 46327 043B 15NOV10 Y OO 21573 063B 15NOV10 Y RT 35951 063B 15NOV10

Date: 28-OCT-10 TPE-VCA