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

8 March 2010 

Communications with respect to 

this document should be sent to 

Douglas E. 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: 8 March 2010 

Filing fee / IATA Acct: USD 122 / 0000-28 

US/UST involved: No 

End of Government Filing Period: 31 March 2010 

Meeting site, date: Mail Vote 629 Adoption – Resolutions

e-Tariffs, 15 February – 3 March 2010 

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

Agreement: TC3 Within South West Pacific, 

between South Asian Subcontinent, South East Asia 

and South West Pacific 

(Memo 1364) 

r1 002 

r2 111hi 
 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 E. 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 E. Lavin 

8 March 2010 

Date Served 
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 

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

 8 March 2010 

MEMORANDUM 

PTC3 1364 

TO: Members Participating in Tariff Coordinating Conferences (SP-6088) 

FROM: Global Head, Passenger 

SUBJECT: TC3 Within South West Pacific, 

between South Asian Subcontinent, South East Asia 

and South West Pacific 

Mail Vote 629 Adoption – Resolutions

e-Tariffs, 15 February – 3 March 2010 

 Intended Effective Date 

For travel on/after : 1 June 2010 

RESOLUTIONS - ADOPTED

Attached are the TC3 Within South West Pacific, between South Asian Subcontinent, South 

East Asia and South West Pacific Resolutions, which were adopted on 3 March 2010 using 

the e-Tariffs platform for an intended effective date for travel on/after 1 June 2010. 

The filing period for the attached Resolutions ends 31 March 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 
PTC3 SWP, SASC/SEA-SWP 1364 

MV629, e-Tariffs, Feb/Mar10

RESOLUTIONS ADOPTED/AMENDED AT 

TC3 

PASSENGER TARIFF COORDINATING CONFERENCE 

WITHIN SOUTH WEST PACIFIC 

BETWEEN SOUTH ASIAN SUBCONTINENT, SOUTH EAST ASIA 

AND SOUTH WEST PACIFIC

MAIL VOTE 629 

e-TARIFFS, 15 FEBRUARY – 3 MARCH 2010 

INTENDED EFFECTIVE DATE: 1 JUNE 2010 

RESO TITLE COMMENTS RD 

002 Amending Resolution

Within South West Pacific,

between South Asian Subcontinent, South East

Asia and South West Pacific

New 1

111hi Flex Fares 

Within South West Pacific, 

between South Asian Subcontinent, South East 

Asia and South West Pacific 

Amending 2 
ADOPTED Res Doc: 1 

 Resolution: 002 

PTC3 SWP, SASC/SEA-SWP 1364 

MV629, e-Tariffs, Feb/Mar10 

TC3 

AMENDING RESOLUTION 

WITHIN SOUTH WEST PACIFIC, 

BETWEEN 

SOUTH ASIAN SUBCONTINENT, SOUTH EAST ASIA 

AND SOUTH WEST PACIFIC 

PTC3(Mail629)002 New 

Filing Period Begins 9 March 2010 Intended Effectiveness 1 June 2010 

Ends 31 March 2010 Expiry Indefinite 

 Type B 

RESOLVED that, for application in the TC3 within South West Pacific, between South West 

Pacific and South Asian Subcontinent, South East Asia subareas 

 the following Resolutions are amended with an indefinite expiry date: 

111hi 

045hi 

055hi 

065hi 
ADOPTED Res Doc: 2 

 Resolution: 111hi 

PTC3 SWP, SASC/SEA-SWP 1364 

MV629, e-Tariffs, Feb/Mar10 

TC3 

FLEX FARES 

WITHIN SOUTH WEST PACIFIC, 

BETWEEN 

SOUTH ASIAN SUBCONTINENT, SOUTH EAST ASIA 

AND SOUTH WEST PACIFIC 

PTC3(Mail629)111hi Amending 

Filing Period Begins 9 March 2010 Intended Effectiveness 1 June 2010 

Ends 31 March 2010 Expiry Indefinite 

 Type B 

RESOLVED that, Resolution 111hi is amended as follows: 

1 Editorial changes to Attachment A, paragraph 2)A) are as follows 

2) FLEX FARES 

A) Fares in Attachments ‘A’ to Resolutions 045hi, 055hi and 065hi will be 

established as follows: 

2 Attachment A, Paragraphs D)2) and D)3) are amended 

D) Once fares have been selected in accordance with B) above, the following procedures shall apply for each pair of points; 

1) The ‘Standard Deviation’ principle will be applied to the selected fares 

2) A ‘Maximum Spread’ will be established by multiplying the ‘Standard 

Deviation’ by 1.50. The resultant amount will be added to and subtracted 

from the average to create a range. Fares outside the range are excluded 

Exception: Fares published by national carriers (*1) of the origin or the

destination countries are not excluded.

(*1) National carrier is defined as a carrier of whose nationality belongs to

either the country of departure or destination

3) The remaining fares (those within the ‘Maximum Spread’) will be averaged 

to establish the ‘Average Fare’