### 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 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: 26 February 2010

Filing fee / IATA Acct: USD 61 / 0000-06

US/UST involved: Yes

End of Government Filing Period: 26 February 2010

Meeting site, date: Mail Vote 626

Intended effective date: 15 March for implementation 1 April 2010

Agreement: PTC COMP Mail Vote 626 Resolution 011a Mileage Manual Non TC Member / Non IATA Carrier Sectors

r1 011a

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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 dy namic 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 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 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 www.iata.org E-Mail: tariffs@iata.org 

### 16 February 2010

MEMORANDUM
PTC COMP 1561

TO: Members Participating in Tariff Coordinating Conferences (SP-6067)

FROM: Global Head, Passenger

SUBJECT: PTC COMP Mail Vote 626 Resolution 011a Mileage Manual Non TC Member / Non IATA Carrier Sectors Intended Effective Date 15 March 2010 for Implementation 1 April 2010

As no negative votes were cast during the voting period which expired 1400 hours Geneva time 16 February 2010, Mail Vote 626 as circulated by MV626-1 dated 8 February 2010, is declared adopted.

1. IATA analysed the non-TC Member / Non-IATA carrier non-stop sectors which should be included as Resolution 011a sectors in the 41st edition of the Mileage Manual, in order to prevent mileage constructions resulting in inflated mileages.

2. As a result of this analysis, IATA proposes the attached revision to Attachment A to Resolution 011a. Other Resolution 011a sectors currently contained in Attachment A have been maintained unchanged.

3. The attached revision reflects a number of deleted sectors. These deletions may have occurred for the following reasons:

Ò the sector is now operated all year by a TC Member in both directions Ò the sector is no longer necessary as a Resolution 011a sector because a new TC Member services in the area Ò another sector may be more effective as a Resolution 011a sector in the same area Ò the sector is no longer operated

4. As background, Shortest Operated Mileages (SOM) excluding 011a sectors compared with 011a sector mileages have been shown in the attached revision against each new selected sector.

The filing period for this Mail Vote ends 26 February 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 011a

MILEAGE MANUAL NON-TC MEMBER/NON-IATA CARRIER SECTORS

PTC COMP (Mail 626) 011a Amending

Filing Period Begins 17 February 2010 Intended Effectiveness 15 March 2010 Ends 26 February 2010 Implementation 01 April 2010 Expiry Indefinite

Type B

RESOLVED that, Composite Resolution 011a, Attachment A will be amended as follows:

MM41 - RESOLUTION 011A SECTORS

BETWEEN AND

Code City Code City GCD SOM Action
ABJ Abidjan NIM Niamey 706 3464 New AER Adler Sochi TBS Tbilisi Delete
AER Adler Sochi EVN Yerevan 326 1967 New ALA Almaty OVB Novosibirsk Delete
TNR Antananarivo NBO Nairobi Delete ANU Antigua SKB St. Kitts Delete ASB Ashgabad DEL Delhi Delete BKO Bamako OUA Ouagadougou 440 2561 New BGF Bangui BZV Brazzaville 640 6166 New BGF Bangui DLA Douala 611 5502 New BGI Barbados POS Port of Spain 214 1202 New BAQ Barranquilla MAR Maracaibo 215 891 New BTM Batam KUL Kuala Lumpur 212 574 New BZE Belize FRS Flores Delete
FRU Bishkek OVB Novosibirsk Delete
FRU Bishkek OMS Omsk 839 3243 New OXB Bissau CKY Conakry 212 New
DKR Dakar NKC Nouakchott 254 2605 New
DKR Dakar RAI Praia 401 3601 New DAR Dar Es Salaam LLW Lilongwe 617 1318 New
DAR Dar Es Salaam YVA Moroni 425 New FOC Fuzhou TPE Taipei 145 804 New GOU Garoua NDJ Ndjamena Delete GCM Grand Cayman MBJ Montego Bay 231 922 New HGH Hangzhou KHH Kaohsiung 536 1010 New HKG Hong Kong MFM Macao 22 New KHH Kaohsiung SZX Shenzhen 411 983 New
IEV Kiev EVN Yerevan Delete LFW Lome OUA Ouagadougou Delete
FBM Lubumbashi NLA Ndola Delete MFM Macao SZX Shenzhen Delete
NAS Nassau PBI West Palm Beach Delete NDJ Ndjamena YAO Yaounde Delete TXG Taichung XMN Xiamen 161 753 New TPE Taipei XMN Xiamen Delete