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Now, nearly ten years later, and although (1) hundreds of airline pilots, regardless of individual considerations, have suffered the termination of their careers by reason of this rule, and(2) never has there been shown any probability of interference, by reason of age, with the performance by any individual of his piloting duties, the rule continues fully in effect.

And FAA has yet to grant a request for a public hearing regarding this rule, or even for a hearing on an application for a waiver under the rule-----a remedy which would have been available to affected persons before CAB under the predecessor statute. Every attempt to date to persuade FAA to permit evidence concerning the rule to be tested by exposure on a public record has summarily been rejected.

Here is a situation in which none of the safeguards referred to in General Quesada's letter to Congress, safeguards against arbitrary or unreviewable administrative action which Congress evidently intended to preserve, have been available.

CONCLUSION

It seems obvious that, contrary to General Quesada's representation to the Congress, the consolidation of the total air safety responsibility in a single administrative agency has not resulted in "timely and effective guidelines for safety" in substantial areas of aviation activity. Nor has the elimination of "time-consuming appeals to another agency of government" in safety regulation cases been offset by "necessary safeguards against arbitrary action."

It is timely to inquire, after ten years of administration by