Viewing page 11 of 47

This transcription has been completed. Contact us with corrections.

- 5 -

6. The provisions of Section 121.383[C] have their origin in Draft Releases 59-4, 59-5 and 59-6, published in the Federal Register on June 27, 1959. There has never been a public evidentiary proceeding which had, for its purpose, the review of the content of Section 121.383[C] in respect to the validity of the assumptions upon which it is based, or otherwise. A request for such a proceeding was made in 1959, and was denied. Subsequent similar requests have likewise been denied.

7. During the period of nearly a decade which has elapsed since the issuance by the Administrator of Draft Releases 59-4, 59-5, and 59-6, several material changes in the factors given in support of the 1959 rule have intervened. Indeed, in our rapidly changing environment, it would indeed by surprising if consideration of public policy, technology and operating procedures and techniques had not undergone dynamic growth and change. Such changes have raised serious doubt of the further need for the age 60 rule, as well as doubt concerning the validity