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

 25 January 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. #12th Floor 

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

Date: 25 January 2011 

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

US/UST involved: No 

End of Government Filing Period: 19 January 2011

Intended effective date: 1 February 2011 

Agreement: Mail Vote 658

TC3 Special Passenger Amending Resolution 010k 

Special Passenger Amending Resolution between Brunei 

Darussalam and Malaysia 

 Intended effective Date: 1 February 2011 

 (Memo 1414) 

r1 010k 
APPLICATION FOR APPROVAL OF AGREEMENT

 Pursuant to statements submitted by Member airlines of the International Air Transport 

Association (IATA), the undersigned has been constituted to be their attorney-in-fact for filing 

with the Department of Transportation copies 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 continuing process of Tariff Coordinating Conferences 

and was developed in the context of prior Department 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. Approval 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 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 participation. 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 
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 

25 January 2011 

Date Served 
International 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 

AS www.iata.org E-Mail: tariffs@iata.org 

12 January 2011 

MEMORANDUM

PTC3 1414 

TO: Members Participating in Tariff Coordinating Conferences 

FROM: Manager, Passenger Interline Tariffs 

SUBJECT: Mail Vote 658

TC3 Special Passenger Amending Resolution 010k 

Special Passenger Amending Resolution between Brunei Darussalam and 

 Malaysia 

 Intended effective Date: 1 February 2011 

MAIL VOTE - ADOPTION

As no negative votes were cast during the voting period which expired 12 January 2011, 1400 

hours Geneva time, Mail Vote 658 as circulated by MV658-1 dated 5 January 2011 

is declared adopted on 12 January 2011. 

It is proposed to despecify Normal First Class fares between Bandar Seri Begawan (BWN) 

and Kota Kinabalu (BKI) as attached. First class service is no longer available on the route. 

The filing period for this Mail Vote ends 19 January 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 

IDFS Passenger 
ADOPTED Res Doc: 1 

 Resolution: 010k 

 Page: 1 

PTC3 1414 

MV658, Jan11 

TC3 

SPECIAL PASSENGER AMENDING RESOLUTION 

BETWEEN MALAYSIA AND BRUNEI DARUSSALAM 

PTC3(Mail 658)010k New 

 Begins 12 January 2011 Intended Effectiveness 1 february 2011 

 Ends 19 January 2011 Expiry 31 March 2011 

 Type B 

RESOLVED that, 

Normal First Class fares are despecified for intended effectiveness 1 Feruary 2011 between 

Bandar Seri Begawan (BWN) and Kota Kinabalu (BKI).