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SPEISER, SHUMATE, GEOGHAN & KRAUSE Counsellors at Law 851 National Press Building Washington D.C. 20004 (202) 638-2777 New York Office Pan AM Building 200 Park Avenue New York, N.Y. 10017 (212) MO 1-OO11 Please reply to Washington Office Donald W. Madole Resident Partner -------- Robert S. Perkins January 11, 1968 Captain Michael A. Gitt 94 Kings Point Road Kings Point, New York 11024 Dear Captain Gitt: You have asked that I furnish you with an outline of ALPA activity in the past, and recommendations for the future, relating to the Age 60 rule. This is a big order, but I will give you a very broad outline which you may use as your own best judgment dictates. HISTORY 1. The Age 60 rule was adopted March 25, 1960 [14 CFR 40.260b]. Essentially, this regulation prohibits a scheduled air carrier from utilizing any individual as a pilot for air carrier operation who has reached his 60th birthday. 2. ALPA attempted to fight the regulation claiming that the FAA had no authority to establish the rule. The Federal Court ruled, in 1960, that the FAA had the power to pass this regulation. Since that time, there has been no coordinated effort by ALPA to fight the rule. 3. In September of 1966, Captain S.W. Hopkins requested my opinion on a plan of action to fight the effect of the rule. I told Captain Hopkins, and also Captain Ruby, that ALPA had to establish a factual record that this regulation had no valid medical justification. Upon review of the file, I discovered that ALPA had attempted to use statistics to fight the rule in the past, discussing probabilities of incapacitation. This method did not work in 1959, before the rule was passed, it has not worked in the intervening period, and it would be a useless exercise in the future. 4. Therefore, I suggested making a record by taking specific airmen and filling individual applications for exemption with the following plan:
