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Exemption No. 804

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

In the matter of the petition of CAPTAIN MICHAEL ALLEN GITT, et al
for an exemption from the provisions of Section 121.383(c) of the Federal Aviation Regulations

Regulatory Docket No.8783

DENIAL OF EXEMPTION

On March 11, 1968, the petitioners, captain Michael Allen Gitt and the Airline Pilots Association, international, filed a petition on behalf of Captain Gitt and “all other person similarly situated” whom the association represents. The petition alleges that Captain Gitt was the holder of Airline Transport Pilot Rating No. 26481 with various type ratings, that he was an employee of Eastern Airlines, Inc., that he underwent a physical examination on November 26, 1967, and that he was then qualified to hold and was issued on that date a first class medical certificate, that he was in excellent physical condition, and that he was qualified in every respect to act as a pilot-in-command of aircraft utilized by Eastern Airlines, Inc. The petition alleges further that Captain Gitt was born on May 13, 1908, and that he would therefore reach his 60th birthday on May 13, 1968, and then would be affected by the provisions of Section 121.383(c) of the Federal Aviation Regulations.

Section 121.383(c) provides:

(c) No certificate holder may use the services of any person as a pilot on an airplane engaged in operations under this part if that person has reached his 60th birthday. No person may serve as a pilot on an airplane engaged in operations under this part if that person has reached his 60th birthday.

Although the petition questions the validity of the rule contained in Section 121.383(c) and is filed on behalf of all persons affected thereby, we believe that it was intended to serve as a petition for exemption rather than a petition for rule making.

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