### BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Agreements Adopted by the Traffic Conferences of the International Air Transport Association OST-2011-XXXX

APPLICATION FOR APPROVAL OF AGREEMENTS BY THE INTERNATIONAL AIR TRANSPORT ASSOCIATION

6 May 2011 Communications with respect to this document should be sent to

Douglas E. Lavin Regional Vice President – North America International Air Transport Association 1776 K.St. N.W. #12 th 

### Floor Washington DC 20006Summary DOCKET: OST-2011-XXXX US DOT ORDER: pending

Date: 6 May 2011

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

US/UST involved: No

End of Government Filing Period: 10 May 2011

Intended effective date: 15 June 2011

Agreement 

### : Mail Vote 677 - Resolution 010m TC3 between South East Asia and Japan, Korea Special Passenger Amending Resolution between China (excluding Hong Kong SAR and Macao SAR) and Japan Intended Effective Date: 15 June 2011

(Memo 1429)

r1 010mAPPLICATION 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 E. Lavin Regional Vice President – North America International Air Transport AssociationCERTIFICATE 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

6 May 2011 Date Served3 May 2011

MEMORANDUM

PTC3 1429

TO: Members Participating in Ta riff Coordinating Conferences

FROM: Manager, Interline Tariffs

SUBJECT: Mail Vote 677 - Resolution 010m TC3 between South East Asia and Japan, Korea Special Passenger Amending Resolution between China (excluding Hong Kong SAR and Macao SAR) and Japan Intended Effective Date: 15 June 2011

V OTING R ESULT
- A DOPTED

As no negative votes were cast during the voting period which expired 1400 hours Geneva time 3 May 2011, Mail Vote 677, as circulated by MV677-1 dated 27 April 2011, is declared adopted on 3 May 2011.

It is proposed to introduce city pairs between Beijing (BJS) and Toyama (TOY), and between Tianjin (TSN) and Fukuoka (FUK), Hiroshima (HIJ) to the Flex Fares structure. A TC member has commenced operation and the fares are required.

IATA will calculate and generate the Flex fares for the new city pairs provided qualified carrier fares are found in the market.

The filing period for this Mail Vote ends 10 May 2011 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 Passenger Interline StandardsADOPTED Res Doc : 1 Resolution : 010m Page : 1

TC3 SPECIAL PASSENGER AMENDING RESOLUTION BETWEEN CHINA (EXCLUDING HONG KONG SAR AND MACAO SAR) AND JAPAN

PTC3(Mail 677) 010m New

Filing Period Begins 3 May 2011 Intended Effectiveness 15 June 2011 Ends 10 May 2011 Expiry Indefinite

Type B

RESOLVED that, for application in the TC3 between China (excluding Hong Kong SAR and Macao SAR) and Japan, fare Attachments to Resolutions are amended as follows

The following city pairs are introduced:

From To Resolutions

HIJ FUK TSN 045rr 055rr 065rr TSN HIJ FUK 045rr 055rr 065rr 071zy TOY BJS 045rr 055rr 065rr BJS TOY 045rr 055rr 065rr 071zy

IATA Note: Flex Fares will be generated if qualified carrier fares are found for the city pairs