Captain Roy L. Smith						January 22, 2007
3271 Cheryl Circle
Pleasanton, CA  94588
(925) 417-0605
Captroy777@comcast.net

Federal Aviation Administration
Manager
Airman & Airspace Rules Division
800 Independence Avenue, S.W. 
Washington, DC 20591

Dear Sir/Madame:

My name is Roy Leonard Smith and I am currently employed by United Airlines as a Captain on the Boeing 777.  I am requesting an exemption to the Age 60 Rule that is set forth in 14 CFR 121.383 (c). I am requesting the exemption for a period of two years starting on July 11, 2007, my 60th birthday. 

I am requesting an Age 60 Rule exemption to pilot aircraft in commercial air transport operations, predicated upon satisfying the same criteria that apply to pilots under the age of 60. 

I assert that my skills and experience enhance aviation safety and thus serve the public interest.  When I am forced to retire my replacement will have less experience and the operation will be less safe.  The following report shows that United is aware of the reduction in safety as a result of Age 60 retirements.

Unfilled 767 International Vacancies
Some of the unfilled 767 vacancies in the last bid were in an International domicile (DCA). As we are near the bottom of the furlough list, the recalled pilots destined for these vacancies had very little experience at UAL prior to furlough and may not have flown anything for 5+ years. The SSC expressed our safety concerns about putting these pilots directly into the international operation to Vice President Krakowski. These concerns are particularly heightened given the large reduction in the length of the transition training programs at DENTK. After soliciting input from DENTK, Captain Krakowski committed to apply the provisions of LOA 01-05 (originally written for new-hire pilots) to the recalled pilots at this time. In the future, he intends to have additional meetings to further study this issue.
0612SSCReportFINALv1.2 3 December 2006 SSC Report

 
There will be recalled pilots assigned to the Boeing 777, also, with no International experience and very little United experienced.  Safety will be enhanced by granting me an Age 60 exemption so that I will be able to pass on my valuable experience and to allow for a more normal progression to the younger pilots as they move up in responsibility.

On November 23, 2006 ICAO will raised the upper age limit for aircraft commanders to age 65.  Foreign aircraft commanders over the age of 60 (who the FAA has no medical or performance data on) are allowed to fly into the United States carrying American passengers.  At the same time, American pilots, age 60, do not have the same rights to carry American passengers in our own country.  This is a double standard that cannot go unnoticed.

I applaud the United States FAA for recognizing the new ICAO standard of age 65 and, in doing so, allowing foreign pilots over age 60 to fly onto American soil.  It must follow that the U.S. government recognize Part 121, flying by over age 60 pilots, as being a safe practice. In allowing foreign pilots over the age of 60 to fly into the United States, the FAA is defacto granting these foreign captains an age 60 rule exemption.  Our foreign counterparts are not unique when compared with other pilots who are subject to this rule.  They are, however, being allowed this right uniquely based upon the ICAO world standard. 

The FAA is not new to granting age rule exemptions.  On January 6, 1992 the FAA approved an extension to the Age 60 Rule to Corse-Air International.  This approval was granted with the caveat that Corse-Air had to be compliant to the Age 60 Rule by October 31, 1993.  On November 25, 1992 the FAA granted Cargolux an extension to the Age 60 Rule with compliance by July 31, 1993.  On November 8, 1993 the FAA granted Icelandair an extension to the Age 60 Rule with compliance by July 31, 1994.  The Age 60 Rule extensions were granted to allow these airlines the necessary time to train new pilots needed for each of these companies to become compliant with the Age 60 Rule.  As is shown by these examples, the FAA has set the precedent of allowing airline pilots to fly beyond age 60 at their will.

The EEOC has also spoken on the age 60 issue.  Both Boeing and Grumman were challenged by the EEOC and each company resolved their case by consent decrees in which they agreed to raise or eliminate their age limitations.  At the present time, the EEOC has challenged Exxon Mobil about the forced retirement of their pilots at age 60.  Although the EEOC has not officially challenged the FAA about the Age 60 Rule, it certainly has made its opinion known to the FAA.  In a letter dated June 12, 1995 the EEOC opined the following: 

Finally, we again urge the FAA to vigorously pursue its reconsideration of the Age 60 rule. The practical experience of older pilots has great value in a professional calling for complex and split-second judgments. Moreover, medical and proficiency tests are effective and nondiscriminatory ways to assure that commercial pilots maintain the highest standards of safety at all ages.
Elizabeth M. Thornton
Deputy Legal Counsel 

Since the inception of the Age 60 Rule some 47 years ago, the FAA has continued to grant waivers to commercial airline pilots for any number of health issues including heart condition, high blood pressure, vision difficulty, physical impairment and substance abuse.  As a rationale, the FAA maintains that as long as the pilot has completed treatment for the condition and subsequently satisfies FAA standards, he/she should be allowed to continue their career.  In addition, on October 22, 2006 the Civil Aviation Medical Association wrote the following:

"The safety of the aging pilot is well documented by pilots who fly regularly over the age of sixty safely in countries outside the USA. The safety record has been excellent leading to the ICAO council adopting a new standard to increase the upper age limit for airline pilots from age sixty to sixty-five. It becomes applicable on November 23, 2006, for multi crew operations".  "IN CONCLUSION, THE CIVIL AVIATION MEDICAL ASSOCIATION SUPPORTS THE ICAO POSITION AND RECOMMENDS THAT THE FAA ABANDON THE AGE 60 RULE." 
David Bryman, DO FCAMA

Similarly, the FAA recently recognized that experience and safety are directly related when they increased the retirement age for Air Traffic Controllers to 61.  This change enables the FAA to retain experienced controllers at a time when there is a heavy drain on staffing due to retirements at the previous retirement age of 56.
 
Most nations made this change on November 23, 2006 in concert with ICAO under whose rules, I and thousands of other U.S. pilots have operated airline aircraft safely worldwide for decades. Since experience is the primary determinant of safety operations, I am asking that a healthy, highly experienced, competent U.S. citizen, resident, tax paying pilot be allowed to fly beyond the age of 60 as is granted to foreign pilots effective November 23, 2006.

Thank you for your consideration in allowing me to continue the chosen profession to which I have dedicated my life. 

Sincerely,

Captain Roy L Smith