### 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

15 February 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

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

Date: 15 February 2011

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

US/UST involved: No

End of Government Filing Period: 25 February 2011

Meeting site, date: Mail Vote 666

Intended effective date: 1 May 2011

Agreement: TC12 Mexico, Mid Atlantic, South Atlantic – Europe TC12 North, Mid, South Atlantic – Middle East, Africa TC2 Europe – Middle East, Africa Mail Vote 666 Adoption – Resolution 017c e-Tariffs, 17 January – 4 February 2011 Intended Effective Date: 1 May 2011

(Memo 1609)

r1 017c

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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 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 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 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

15 February 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 10 February 2011

MEMORANDUM

PTC COMP 1609

TO: Members Participating in Ta riff Coordinating Conferences

FROM: Manager, Passenger Interline Tariffs

SUBJECT: TC12 Mexico, Mid Atlantic, South Atlantic – Europe TC12 North, Mid, South Atlantic – Middle East, Africa TC2 Europe – Middle East, Africa Mail Vote 666 Adoption – Resolution 017c e-Tariffs, 17 January – 4 February 2011 Intended Effective Date: 1 May 2011

R ESOLUTION
- A DOPTED
Attached is PTC COMP Resolution 017c, which was amended using the e-Tariffs process for an intended effective date of 1 May 2011.
The filing period for the attached Resolution ends 25 February 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 aut horities 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 PassengerRESOLUTION AMENDED AT

PASSENGER TARIFF COORDINATING CONFERENCE

TC12 MEXICO, MID ATLANTIC, SOUTH ATLANTIC – EUROPE NORTH, MID, SOUTH ATLANTIC – MIDDLE EAST, AFRICA

TC2 EUROPE – MIDDLE EAST, AFRICA

MAIL VOTE 666

e-TARIFFS, 17 JANUARY – 4 FEBRUARY 2011

INTENDED EFFECTIVE DATE: 1 MAY 2011

RESO TITLE COMMENTS RD

017c Construction Rules for Fare Components Amending 1ADOPTED Res Doc : 1 Resolution : 017c

PTC COMP 1609 e-Tariffs, Feb11 CONSTRUCTION RULES FOR FARE COMPONENTS

PTC12(MV666) 017c Amending

Filing Period Begins 10 February 2011 Intended Effectiveness 1 May 2011 Ends 25 February 2011 Expiry Indefinite

Type A

RESOLVED that, Resolution 017c is amended as follows

1 Paragraph 2) a) i) ee) is added

2) FARES

the fare shall not be less than the lower amount obtained by either of the following principles

a) Mileage Principle

i) ee) notwithstanding Paragraphs bb) and cc) above, for travel between Iguassu Falls and Europe/Middle East/Africa via the Atlantic where the fare component originates or terminates in Iguassu Falls and this city is not also an intermediate ticketed point on such fare component

1) if the fare to or from Iguazu is within the MPM but the fare for the

same route to or from Iguassu Falls exceeds the MPM, the fare to

or from the latter point need not be surcharged

2) if the fare to or from Iguazu must be surcharged, the fare for the

same routing to or from Iguassu Falls need not take a higher surcharge

2 Paragraph 6) a) iv) is added

6) ONE WAY BACKHAUL RULE (BHC)

a) this paragraph does not apply

i) for pricing units wholly within TC1

ii) for pricing units wholly between Argentina, Brazil, Chile, Paraguay, Uruguay and TC2

iii) for pricing units wholly within Europe

iv) for pricing units between Europe and the Middle East/Africa