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1 BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Agreements Adopted by the Passenger Services Conference (PSC) of the International Air Transport Association Docket OST-2008 APPLICATION FOR APPROVAL OF AGREEMENTS BY THE INTERNATIONAL AIR TRANSPORT ASSOCIATION November 21, 2008 Communications with respect to this document should be sent to: Douglas Lavin Regional Vice President North America International Air Transport Association 601 Pennsylvania Avenue, NW, Suite North Building Tel: # Fax/ International Number Washington, D.C

2 2 Summary DOCKET: OST DOT ORDER: pending Date: November 21, 2008 Filing fee/iata Acct: $183 A328 US/UST involved?: YES Intended effective date: 1 December January 2009 Meeting date/time: 30 th IATA PASSENGER SERVICES CONFERENCE (PSC) held in Geneva, 8-9 October 2008 Agreement: PSC/RESO/142 dated October 21, 2008 Expedited Resolutions & Recommended Practices Summary is included. Resolution 765 is submitted for information only because it is among the tranched item that no longer require DOT review and approval. APPLICATION FOR APPROVAL OF AGREEMENTS 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 and of Title 49 of the United States Code and Parts , and (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 materials and documentation required by 14 C.F.R 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 Services Conferences through which IATA Member airlines establish standardized facilitation arrangements intended to ease international air transportation and interline procedures. This agreement was developed in the context of prior Department and CAB rulings addressing related agreements which reflected regulatory and market conditions then in effect. The present agreement, which makes amendments to the framework agreements forming the charter for ongoing facilitation programs or creates new agreements pursuant to that framework, should be viewed as part of a dynamic

3 3 process of IATA Member airline adjustment to governmental and economic factors. On previous occasions, the Department and CAB have found these framework agreements to be consistent with the public interest. The present agreement does not impair the previous bases for approval and themselves are not adverse to the public interest. 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 pursuant to 49 U.S.C and the grant of full antitrust immunity pursuant to 49 U.S.C 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 Services Conferences which the Department found to be anticompetitive but nevertheless approved and immunized in Order (May 6, 1985) on foreign policy and comity grounds. The agreement embodies amendments to services resolutions/recommended practices that have been previously approved and immunized or creates new resolutions / recommended practices pursuant to the framework forming the charter for ongoing facilitation programs. Therefore, consistent with the Department's policy of immunizing amendments coextensively with the underlying agreement, the subject agreement should be granted immunity. Respectfully submitted: Douglas Lavin Regional Vice President North America International Air Transport Association

4 4 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 persons: Chief, Transportation, Energy & Agriculture Section Antitrust Division Department of Justice Washington D.C Douglas Lavin Date Served

5 M E M O R A N D U M PSC/RESO/142 To: Copy: From: All Members, Passenger Services Conference - Accredited Representatives IATA Strategic Partners Director, Passenger Date: 21 October 2008 Subject: PASSENGER WEEK 2008 EXPEDITED RESOLUTIONS & RECOMMENDED PRACTICES 28 th Joint ATA/IATA Passenger Services Conference (JPSC) 30 th IATA Passenger Services Conference (PSC) Geneva, 8-9 October 2008 Attached are the Expedited Resolutions & Recommended Practices which were adopted at the above-mentioned Conference. The filing period is established as 24 October 24 November To ensure timely approval, Members are requested to files these agreements, where required, with their Governments upon receipt of this document and to advise this office ( feldmanm@iata.org) of their Government s action by the end of the filing period (24 November 2008). Filing formalities with the Canadian Transportation Agency on behalf of Canadian Members will be accomplished by this office. Filing formalities with the United States Department of Transportation (DoT) on behalf of IATA Members will be accomplished by IATA s Regional Vice President, North America. Please note that Resolution 765 is submitted for information only: it is in the category of select passenger service standards the DoT has determined need not be submitted for review and approval. The intended effective date is as indicated at the foot of each Resolution/RP. The Minutes of the Conference and the other Finally Adopted Resolutions & Recommended Practices will be issued separately. International Air Transport Association Michael Feldman Director, Passenger Route de l'aeroport 33 PO Box 416 CH Geneva 15 Airport Switzerland Tel: Fax:

6 OUTLINE OF CONTENTS EXPEDITED RESOLUTIONS & RECOMMENDED PRACTICES ADOPTED AT: 30 th PASSENGER SERVICES CONFERENCE (PSC) INTENDED EFFECTIVE DATE: (as indicated in brackets after each Resolution) (PSC ITEM NBR.) RESOLUTION & RECOMMENDED PRACTICE TITLE P9 PSC(30)722f ELECTRONIC TICKET - AIRLINE (amending) 1 January 2009 P16 PSC(30)765 [not for DoT approval] INTERLINE CONNECTING TIME INTERVALS PASSENGER AND CHECKED BAGGAGE (amending) 1 January 2009 B6.19/P PSC(30)1708a PASSENGER ASSISTANCE LIST (PAL) AND CHANGE ASSISTANCE LIST (CAL) (amending) 1 December 2008

7 S U M M A R Y O F C H A N G E S EXPEDITED RESOLUTIONS & RECOMMENDED PRACTICES ADOPTED AT: 30 th PASSENGER SERVICES CONFERENCE (PSC) RESOLUTION SUMMARY OF RESOLUTION SUMMARY OF AMENDMENT RESOLUTION 722f ELECTRONIC TICKET - AIRLINE Provides governing rules and technical specifications on how to produce an Electronic Ticket (ET) issued by airlines. This allows tickets to be issued and exchanged without the issuance of paper value (i.e. accountable) documents. Also included are the applicable conditions for the issuance and honouring of such tickets. Addition of 3 Validating Carrier codes which will allow IATA to manage and track carbon offset volumes for airlines participating in the IATA carbon offset scheme. RESOLUTION 765 CONNECTING TIME INTERVALS PASSENGER AND CHECKED BAGGAGE Provides roles, procedures and guidelines for establishing and revising Minimum Connecting Time (MCT) intervals in an airport. - No longer restricted to international operations - Inclusion of rail services - In the absence of a designated Local Minimum Connecting Time Group (LMCTG), the AOC can set MCTs - Streamlined the confirmation process between IATA and the LMCTG - Streamlined procedures for distribution of information - Adjustments to effective date of new or revised MCTs RECOMMENDED PRACTICE 1708a PASSENGER ASSISTANCE LIST (PAL) AND CHANGE ASSISTANCE LIST (CAL) Provides guidelines for the format and transmission of the Passenger Assistance List (PAL) and Change Assistance Request (CAL) messages in order to facilitate special assistance provided to passengers with reduced mobility. Editorial changes to examples to facilitate the programming of messages regarding persons with reduced mobility (PRMs)

8 722f P9 0 RESOLUTION 722f ELECTRONIC TICKET AIRLINE (amending) PSC(29 30)722f Expiry: Indefinite Type: B RESOLVED that:. 722f P9 Attachment A A ELECTRONIC TICKET AND MISCELLANEOUS DOCUMENTS DATA ELEMENTS GLOSSARY CARRIER FEE DATA. Carrier Fee Type - 2 ALPHANUMERIC (Repeatable Field) A code identifying the type of fee being imposed by a carrier as shown in the IATA Airline Coding Directory. OA = Fee related to booking OB = Fee related to ticketing OC = Fee related to service OE Carbon Offset Service Code (applicable until 31 December 2009) OF - Carbon Offset Service Code (applicable until 31 December 2009) OG - Carbon Offset Service Code (applicable until 31 December 2009) XP = PTA service charge (applicable to EMD-S only). Filing Period: Effective Date: 24 October January November 2008

9 RESOLUTION 765 CONNECTING TIME INTERVALS PASSENGER AND CHECKED BAGGAGE (amending) PSC(20 30)765 Expiry: Indefinite Type: B (Note: the wording below completely replaces the current text of the Resolution) RESOLVED that: 1. Members serving the airport(s) of each city shall establish a Local Minimum Connecting Time Group (LMCTG) for purposes of recommending new or changes to minimum intermodal connecting time intervals at such airport(s). The group shall consist of all scheduled airlines and railways serving the airport. The basic objective of agreed connecting time intervals is to protect both the delivering and receiving Member s interests and ensure that the passenger and his baggage can rely on making connections between airlines and railways serving the airport. For the purposes of this Resolution, MINIMUM CONNECTING TIME (MCT) INTERVAL means the shortest time interval required in order to transfer a passenger and his luggage from one flight to a connecting flight, in a specific location or metropolitan area. Intermodal connections involving a railway service shall be only considered if such railway service has been assigned an airline flight number. 2. At cities served by IATA Members and by Members of the Air Transport Association of America (ATA) who are not IATA Members, such ATA Members shall be invited to participate as voting Members of the LMCTG. At cities served by IATA Members and by non-iata scheduled airline(s), such non-iata airline(s) shall be invited to participate as a voting Member of the Group. At cities served by railways and airlines, where passengers transfer between each mode of transport, and where intermodal agreements exist between railways and airlines, such railway operators shall be invited to participate as voting Members of the LMCTG. The voting rights of railways shall relate only to action concerning connections between airlines and railways serving the airport or providing connections between the airport and the city location (train station). 3. At cities where an Airport Operators Committee (AOC) [IATA Airport Handling Manual Resolution 020] exists and where no LMCTG exists, such AOC can take on the duties assigned to the LMCTG in this resolution, provided the different stakeholders are duly represented at the AOC as they would in the LMCTG. While occasionally Airport Authorities can act as facilitators in establishing local MCTs, the tasks described in this resolution are the unique responsibility of the LMCTG. 4. Each LMCTG shall be governed by the following rules: 4.1. the LMCTG shall elect a chairman

10 4.2. in determining MCT intervals, the Group shall take into consideration the following factors, where applicable: physical and operating characteristics of the particular airport, e.g. air traffic delays, ramp and baggage sorting area congestion, history of on-time performance, terminals, specific flight origin and/or destination region (such as Schengen countries), customs/immigration pre-clearance situations, etc.; time to unload baggage from delivering carrier s aircraft or designated railway service and transport to its sorting area; time to sort and transport baggage to receiving carrier; time for receiving carrier to assemble, sort, transport and load baggage on its aircraft or train; time for all government/airline/railway imposed security measures (where applicable) to be completed as noted in Resolution 744, Attachment B ; time for passengers (and their baggage when such arrangements exist) to be processed by the receiving carrier; the times established in 4.2.2, 4.2.3, and shall be published locally by the LMCTG so that carriers and railways are conscious of time constraints for each individual task, and are therefore aware of the time limits which they are expected to meet; in establishing MCTs, members shall be guided by Resolution 744; time for passenger and baggage to clear immigration and customs controls, etc.; time for passenger to proceed to receiving carrier taking into consideration surface transportation time between terminals and/or airports when applicable; minimum passenger check-in time for receiving carrier; time for any other local factor(s). 4.3 after selecting the factors affecting the MCT, using the above as a guide, the Group will allocate a time to each factor and on this basis arrive at the MCT. As far as practicable, MCT intervals should be standardised for all categories of flights with the least possible number of exceptions. MCTs shall be established only in five minute increments, e.g. 30, 35, 40 minutes, etc action of the LMCTG (including election of a Chairman) shall be by simple majority vote of all Group members serving that airport (only one vote permitted per LMCTG member).

11 4.5. in case of disagreement within the group in respect of the MCTs between different terminals at the same airport, all of the receiving Members serving a particular terminal and present at the meeting, shall determine the required MCTs to their terminal 5. Immediately after each LMCTG meeting at which new or changes to intermodal MCT intervals are recommended, the LMCTG members will communicate without any delays the revised MCT to their respective MCT coordinators (as listed in SSIM Attachment 3) Within ten (10) days the MCT Coordinators will advise their respective LMCTG member whether they agree or not to the recommended new or changes to the MCTs. The LMCTG Chairman, once he as been informed that the new or changes to intermodal MCTs intervals have been accepted by the different MCT coordinators, will advise the IATA Schedules Service Department at Sked@iata.org. 6. Nothing in this Resolution shall preclude LMCTG Members from making bilateral agreements with other airlines or railways for shorter or longer intermodal MCT intervals in those cases where particular circumstances of their special arrangements/situations make this possible or necessary. Exceptional bilateral MCT exception filing practices are outlined in the IATA Standard Schedules Information Manual (SSIM). Each MCT coordinator is responsible for communicating and distributing those exceptional MCTs according to recognised industry practices. In case of disagreement between the two parties in respect of any such exceptional MCT values, the receiving Member s point of view shall govern, and be recognised by the industry as the exceptional MCT value. 7. All Members, railways and CRSs shall book and accept connecting reservations based on the established MCTs. 8. The MCTs for each airport shall be reviewed at least once a year by the LMCTG. If the revision leads to new/modified MCT intervals, procedure established in 5 shall be followed. 9. Upon receipt of the final report referred to in Paragraph 5, the IATA Schedules Service Department shall immediately notify, the CRSs, the data aggregators, and other industry stakeholders. The effectiveness date of such changes as specified by the LMCTG concerned shall not be earlier than sixty (60) days after receipt by the IATA Schedules Service Department. 10. All communications concerning MCTs, between Members and IATA shall be made through the Member s designated MCT Coordinator in accordance with the IATA SSIM. 11. This Resolution shall not be applicable at cities served exclusively by ATA Members, even though some of the ATA Members may also be Members of IATA; provided that the necessary co-ordination shall be maintained between ATA and IATA for the publication of MCT intervals established by ATA Members. Filing Period: Effective Date: 24 October January November 2008

12 1708a B6.19/P 0 RECOMMENDED PRACTICE 1708a PASSENGER ASSISTANCE LIST (PAL) AND CHANGE ASSITANCE LIST (CAL) (amending) PSC(29 30)1708a a B6.19/P 2.10 INBOUND CONNECTION ELEMENT This element is conditional.... 1BROWN/JOHNMR.R/WCHR.I/SR559F07MUC 1CLARKE/JOHNMR.R/BLND.I/BA021C07LHR1200/HN 1CLARKE/JOHNMR.R/BLND.I/BA021C07LHR1200HN 1SORENSON/RONMR.R/DEAF.I/BA123Y07LHRCDG1100/HK 1SORENSON/RONMR.R/DEAF.I/BA123Y07LHRCDG1100HK 2.11 ONWARD CONNECTION(S) ELEMENT This element is conditional Examples: 1BROWN/JOHNMR.I/SR559F26MUC.O/BA439F27LHR.R/WCHR 1SMITH/CAROLINA.O/BA012C26LHR1500/HK.R/BLND 1SMITH/CAROLINA.O/BA012C26LHR1500HK.R/BLND 1HEATH/GEORGE.O/LH00/1Y26HAM.R/DEAF 1ZIMMERMAN/ANDREWMRS.O/BA012C26CDGLHR1500/HK.R/WCHC 1ZIMMERMAN/ANDREWMRS.O/BA012C26CDGLHR1500HK.R/WCHC 2.13 MARKETING FLIGHT INFORMATION ELEMENT This element is conditional Example:... 1CLARK/FRANKMR.R/WCHR.M/UA3517F16FRAJFK1000/HK 1CLARK/FRANKMR.R/WCHR.M/UA3517F16FRAJFK1000HK... Filing Period: Effective Date: 24 October December November 2008