### 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

20 January 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-20 10 -XXXX US DOT ORDER: pending

Date: 20 January 2010

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

US/UST involved: No

End of Government Filing Period: 26 January 2010

Meeting site, date: Bangkok, 16-19 November 2009

Intended effective date: 15 February 2010 / 1 April 2010

Agreement: Mail Vote 618 TC3 Special Passenger Amending Resolution 010L between Japan and Korea (Rep. of) (Memo 1353)

r1 010L

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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 intere sts 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

20 January 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 20 January 2010

MEMORANDUM
PTC3 1353
TO: Members Participating in Tariff Coordinating Conferences (SP-6055)
FROM: Global Head, Passenger

SUBJECT: Mail Vote 618 TC3 Special Passenger Amending Resolution 010L between Japan and Korea (Rep. of) Intended effective Date: 15 February 2010 / 1 April 2010

M AIL V OTE - A DOPTED
As no negative votes were cast during the voting period which expired 1400 hours Geneva time 19 January 2010, Mail Vote 618 as circulated by MV618-1 dated 11 January 2010 is declared adopted.

It is proposed to introduce fares between Ibaraki (IBR) and Seoul (SEL) as attached. A Member will commence direct operation and these fares are required.
The filing period for this Mail Vote ends 26 January 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: 010L Page: 1

MV618 TC3 SPECIAL PASSENGER AMENDING RESOLUTION BETWEEN JAPAN AND KOREA

PTC3(Mail 618) 010L New

Filing Period Begins 20 January 2010 Intended Effectiveness 15 February 2010 Ends 26 January 2010 Expiry 31 March 2010

Type B
RESOLVED that, specified fares are introduced as follows for intended effectiveness 15 February 2010:
1) From Ibaraki (IBR) to Seoul (SEL), fares introduced equal to levels from Tokyo (TYO)

Fare Basis OO/RT Reso Fare (JPY) F OO 053d 159200 F RT 053d 244800 C OO 043d 109400 C RT 043d 168100 Y OO 063d 94200 Y RT 063d 144800 Y2 OO 063dd 90900 Y2 RT 063dd 139600 MHPX14 RT 076LL 106000 MKPX14 RT 076LL 96000 MLPX14 RT 076LL 84000 MHIT7 RT 081tt 86000 MKIT7 RT 081tt 76000 MLIT7 RT 081tt 64000 MHGP50 OW 092t 42000 MLGP50 OW 092t 37000 MHGP50 RT 092t 55000 MLGP50 RT 092t 49000
Above levels will be amended per PTC3 1331 (conference agreement effective 1 April 2010), Resolution 002 Attachment C Paragraphs 1) and 2), upon receipt of government approval of aforementioned memorandum, as follows:

A. Resolution 092t – Student Educational Fares from Japan to Korea (Rep. of) A) Resolution cancelled and fares deleted

B. Resolution 076LL - PEX fares from Japan to Korea (Rep. of) Resolution 081tt - IIT Fares from Japan to Korea (Rep. of) A) From Japan, special fares amended

F rom To Reso Season Fare level

Japan (JP) Korea (Rep. of) (KR) 076LL 081t t All =current peak (H) levels H/K/L deletedADOPTED Res Doc: 1 Resolution: 010L Page: 2

MV618 Resulting Special Fares from Ibaraki (IBR) to Seoul (SEL), effective 1 April 2010 are as follows:

Fare Basis OO/RT Reso Fare (JPY) MPX14 RT 076LL 106000 MIT7 RT 081tt 86000

2) From Seoul (SEL) to Ibaraki (IBR), fa res introduced equal levels to Tokyo (TYO)

Fare Basis OO/RT Reso Fare (KRW) F OO 053d 624300 F RT 053d 1189000 C OO 043d 517300 C RT 043d 985200 Y OO 063d 351700 Y RT 063d 669900 MPX14 RT 074aa 574000 MGV10 RT 085r 475600

Above levels will be increased per PTC3 1331(conference agreement effective 1 April 2010), Reolution 002 Attachment C Paragraphs 3) and 4), upon receipt of government approval of aforementioned memorandum, as follows:

Fare Basis OO/RT Reso Fare (KRW) F OO 053d 722700 F RT 053d 1313900 C OO 043d 602200 C RT 043d 1094900 Y OO 063d 401500 Y RT 063d 729900 MPX14 RT 074aa 634000 MGV10 RT 085r 535600