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Exemption No. 673

UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION,
DEPARTMENT OF TRANSPORTATION
WASHINGTON, D.C.

In the matter of the petition of
CHARLES FORCE HUNTER

for an exemption from section 121.383(c) of Part 121 of the Federal Aviation Regulations
Regulatory Docket No. 8007

DENIAL OF EXEMPTION

Through his attorney, Donald W. Madole, Charles Force Hunter requested an exemption for a period of one year from the provisions of section 121.383(c) of the Federal Aviation Regulations to permit him to fly as a pilot in air carrier operations notwithstanding that he will reach his 60th birthday on May 1, 1967.

In support of his request, petitioner states that he is in excellent physical condition, that his latest physical examination was on November 17, 1966, when he met all qualifications for a first-class medical certificate, that he has never been absent from work due to illness and that he will submit to a physical examination by any physician or clinic designated by the FAA. Petitioner states that his record as an airman is exemplary, in that he has never been cited for a violation of a regulation and has never received an unsatisfactory grade on a flight check. Petitioner discusses the "age 60" rule adopted by the FAA on December 1, 1959, and alleges that the reasons presented in support of that rule do not apply to him. Petitioner states that there is a current pilot shortage that would make it in the public interest to grant the requested exemption and further states on "utilization of manpower" and "discrimination in employment because of age." Petitioner further suggests that the FAA could evaluate the validity of the age 60 rule by granting exemptions to a few selected airmen (such as petitioner) for limited periods. Petitioner also cites, as supporting his request, the lack of conclusive evidence of a casual relationship between age and any specific accidents or incidents. 

In adopting the age 60 rule in 1959, the FAA recognized that not all persons who reached the age would present the same risk to the safety of the operations affected. The FAA stated that "Any attempt to be selective

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