### 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

26 February 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-2009-XXXX US DOT ORDER: pending

Date: 26 February 2010

Filing fee / IATA Acct: USD 61 / 0000-28

US/UST involved: Yes

End of Government Filing Period: 8 March2010

Intended effective date: 22 February 2010

Agreement: Mail Vote 625 - Resolution 010p TC3 Japan, Korea-South East Asia Special Passenger Amending Resolution from Korea (Rep. of) to Guam, Northern Mariana Islands (Memo 1357)

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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 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 continui ng process of Tariff Coordinating Conferences and was developed in the context of prior D epartment 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. 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 Departm ent 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 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 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

26 February 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 2662 bb www.iata.org E-Mail: tariffs@iata.org 26 February 2010

MEMORANDUM

PTC3 1357

TO: Members Participating in Tariff Coordinating Conferences (SP-6079)

FROM: Global Head, Passenger

SUBJECT: Mail Vote 625 - Resolution 010p TC3 Japan, Korea-South East Asia Special Passenger Amending Resolution from Korea (Rep. of) to Guam, Northern Mariana Islands Intended Effective Date: 22 February 2010

M AIL V OTE
- A DOPTED

As no negative votes were cast during the voting period which expired 1400 hours Geneva time 18 February 2010, Mail Vote 625 as circulated by MV625-1 dated 8 february 2010 is declared adopted on 19 February 2010.

The government of Korea (Rep. of) has provided the approved levels for fares from Seoul (SEL) to Guam (GUM), Saipan (SPN) which should be applicable currently.

The filing period for this Mail Vote ends 8 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 PassengerADOPTED Res Doc: 1 Resolution: 010p

MV625, Feb10 TC3 SPECIAL PASSENGER AMENDING RESOLUTION FROM KOREA (REP OF) TO GUAM, NORTHERN MARIANA ISLANDS

PTC3(Mail 625) 010p New

Filing Period Begins: 26 February 2010 Intended Effectiveness 22 February 2010 Ends: 8 March 2010 Expiry 31 March 2010

Type B

RESOLVED that, fares from Seoul (SEL) to Guam (GUM), Saipan (SPN) are amended effective 22 February 2010 to reflect government approved levels:

From To Fare Basis Resolution Fare (KRW) SEL GUM,SPN FOW 053m 678000 COW 043m 562400 YOW 063m 418900 MHWEE1M 070u 694200 MHXEE1M 070u 661000 MLWEE1M 070u 606100 MLXEE1M 070u 577100 MHWPX15 076bb 614400 MHXPX15 076bb 585100 MLWPX15 076bb 541800 MLXPX15 076bb 516000 MHWGV10 084dd 595600 MHXGV10 084dd 567200 MLWGV10 084dd 508400 MLXGV10 084dd 484200

1) Above fares will be further amended per PTC3 1338 (conference agreement effective 1 April 2010) upon receipt of government approval of aforementioned memorandum from Korea (Rep. of), as per Resolution 002, Attachment D, page 5-6.