### 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. #12 th 

### Floor Washington DC 20006Summary 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 010kAPPLICATION 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 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

25 January 2011 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 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

M AIL V OTE
- A DOPTION

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 PassengerADOPTED 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).