### 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

31 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 20006

### 1

Summary DOCKET: OST-2011-XXXX US DOT ORDER: pending

Date: 31 May 2011

Filing fee / IATA Acct: USD 122 / 0000-06

US/UST involved: No

End of Government Filing Period: 17 June 2011

Meeting site, date: Mail Vote 684, e-Tariffs 2-20 May 2011

Intended effective date: 1 September 2011

Agreement: TC23/123 Europe-South West Pacific Mail Vote 684 Adoption Composite Resolutions 017jj & 017h e-Tariffs, 2-20 May 2011 Intended Effective Date: 1 September 2011

(Memo 1627)

R1 017jj

R2 017h

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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 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 not ice 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

31 May 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 LO www.iata.org E-Mail: tariffs@iata.org 30 May 2011

MEMORANDUM
PTC COMP 1627

TO: Members Participating in Tariff Coordinating Conferences

FROM: Manager, Interline Tariffs



### SUBJECT: TC23/123 Europe-South West Pacific Mail Vote 684 Adoption - Composite Resolutions 017jj & 017h e-Tariffs, 2-20 May 2011 Intended Effective Date: 1 September 2011

R ESOLUTIONS
- A DOPTED Attached are new PTC COMP Resolution 017jj and amended Resolution 017h which were adopted on 20 May 2011 using the e-Tariffs platform for an intended effective date of 1 September 2011.
The filing period for the attached Resolutions ends 17 June 2011 . Members are reminded 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.

Cristina Rotor Manager, Tariff Solutions & Distribution IDFS PassengerRESOLUTIONS ADOPTED/AMENDED AT

PASSENGER TARIFF COORDINATING CONFERENCE

TC23/123 EUROPE-SOUTH WEST PACIFIC

MAIL VOTE 684

e-TARIFFS, 2-20 MAY 2011

EFFECTIVE DATE: 1 SEPTEMBER 2011

RESO TITLE COMMENTS RD

017jj Fare Selection Criteria Fare Components between Europe and South West Pacific New 1

017h Fare Selection Criteria (not applicable to/from USA/US Territories) Amended 2ADOPTED Res Doc : 1 Resolution : 017jj

PTC23 EUR-SWP 1627 e-Tariffs, May11 FARE SELECTION CRITERIA FARE COMPONENTS BETWEEN EUROPE AND SOUTH WEST PACIFIC

PTC23(MV684) 017jj New PTC123(MV684) 017jj (via TC1) Filing Period Begins 30 May 2011 Intended Effectiveness 1 September 2011 Ends 17 June 2011 Expiry Indefinite

Type B

RESOLVED that for purposes of fare selection other than for fare construction checks

1) the fares to be used will be those applicable to the carrier selected. These may be either

a) carrier specific fares, or

b) if all fares of the selected carrier cannot be used, the YY fare (subject to the selected carrier’s acceptance of the use of YY fares), or

c) if a partial structure has been filed as carrier specific fares then the remainder of the structure will be established using YY fares unless the carrier has advised that such YY fares will not apply

Example : The carrier has no fares records for carrier specific fares - the YY structure will apply for that carrier.

FARE COMPONENTS TC23/TC123 (via TC1) BETWEEN EUROPE AND SOUTH WEST PACIFIC

2) the fares to be applied will be the lowest of

a) the fares for the original issuing carrier, and

b) the fares for the carrier perform ing the first area-to-area crossing provided all conditions of the fare selected are met

3) for fare components that end in the pricing unit origin the fares to be applied will be the lowest of

a) the fares for the carrier who performs the last area-to-area crossing, and

b) the fares for the original issuing carrier

4) if in the application of Paragraphs 2) and 3) above, the first/last area-to-area crossing sector is also the original issuing carrier then only the fares for the carrier on such sector will be selected

5) surface sectors: if the sector for which the selection is made is a surface sector, YY fares will be usedADOPTED Res Doc : 2 Resolution : 017h

PTC23 EUR-SWP 1627 e-Tariffs, May11 FARE SELECTION CRITERIA (NOT APPLICABLE TO/FROM USA/US TERRITORIES) implementation awaiting Government approval

PTC1(57) 017h Amending PTC2(89) 017h PTC3(61) 017h PTC12(119) 017h PTC23(MV684) 017h PTC31(85) 017h PTC123(MV684) 017h (via TC1) Filing Period Begins 30 May 2011 Intended Effectiveness 1 September 2011 Ends 17 June 2011 Expiry Indefinite

Type B

RESOLVED that, Resolution 017h is amended as follows

1 paragraph 3) is amended

FARE COMPONENTS TC23 VIA TC1, TC12 via TC3

3) the fares to be applied will be the fares for the carrier who performs the carriage on the first sector which crosses from one area to another
Examples

1. Journey: SYD

- LAX

- LON

- LAX

- SYD Fare Components: SYD

- LON the fares will be those for the carrier SYD

- LAX LON

- SYD the fares will be those for the carrier LAX

- SYD (but in the direction from SYD)

2 . Journey: LON

- LAX

- SYD

- LAX

- LON Fare Components: LON

- SYD the fares will be those for the carrier LON

- LAX SYD

- LON the fares will be those for the carrier LAX

- LON (but i n th e direction from LON)

1. 3. Journey: MEX-KU L-JNB-KUL-MEX Fare Components: MEX-JNB the fares will be those for the carrier MEX-KUL JNB-MEX the fares will be thos e for the carrier KUL-MEX (but in the direction from MEX)

2. 4. Journey: JNB-KUL-MEX-KUL-JNB Fare Components: JNB-MEX the fares will be those for the carrier JNB-KUL MEX-JNB the fares will be those fo r the carrier KUL-JNB (but in the direction from JNB)

2 paragraph 8) is added

8) this Resolution is not applicable for travel between Europe and South West Pacific except for purposes of fare construction checks