### 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

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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

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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 E. 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

8 March 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 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 Subconti nent, 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

R ESOLUTIONS
- A DOPTED

Attached are the TC3 Within South West Pacifi c, between South Asian Subcontinent, South East Asia and South West Pacific Resolu tions, 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 aut horities is required and, if so, to accomplish the necessary filing formalities. The effect ive 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 PassengerPTC3 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 2ADOPTED 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 am ended with an indefinite expiry date:

111hi 045hi 055hi 065hiADOPTED 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’