February 21, 2016

Dorenda D. Baker Director, Aircraft Certification Office

US Federal Aviation Adminis tration Amended 2/22/16 800 Independence Ave. SW BY Email and FED EX and Regular Mail Washington, DC 20591

Dear Ms. Baker,

Thank you for responding to our rule making petition FAA

- 2015

- 4011 (copy enclosed) re seat standards within six months.

Howev er, as we just received your letter (copy enclosed) last Wednesday, the docket stated that the petition was still pending decision and this decision was not posted on the docket, I would request that you withdraw your letter, provide more detail on

your as sertions that current seats do not pose a safety or health risk, and provide a formal revised decision that is properly posted on the docket as required.

Specifically, what studies or tests that you allude to but do not cite are you relying on for your co nclusions that shrunken seats and leg room do not pose a safety or

health risk?

I have been on the FAA Aviation Rulemaking Advisory Committee and the Occupant Safety (fka as the Emergency Evacuation Issue Group) since 1993. It is my understanding that th e FAA has not conducted actual emergency evacuation tests for many years (instead relying on aircraft maker simulations), and has never conducted tests with test subjects who meet the profile of passengers as to weight, age, physical condition, etc. or wit h the current seat configuration.

This was confirmed by testimony of FAA Principal Investigator 

### Cyn thia Corbett, a principal investigator for the Federal Aviation Administration (FAA) Civil Aerospace Medical Institute, before the DOT Advisory

Committee for Aviation Consumer Protection who spoke about evacuation of aircraft in April 2015

. She said, “ The minimum we have tested is 31 inches, we have not looked up 28 yet. That may be something we do in the future. ”

As to DVT, there have been various studies which we cite that are supportive of our petition , we request that you formally cite the study(ies) you are relying on. As you should be aware, legislation is pending that woul d require the FAA to mandate

minimum seat sizes. Even Airbus has called for minimum seat sizes for long haul flights.

Your letter decision also fails to address any of the 140 comments that have been filed and are overwhelming supportive begging the FAA to act. It also does not refute the fact that airlines are aggressively reducing passenger seat size, leg room for economy passengers. As this decision would give airlines a green light toaccelerate passenger space reduction even further, I would expec t that it could

cause some airlines to reduce seat sizes further to the point that passengers over average size will be forced to pay more for seats that are the size of existing seats.

The DOT issues certificates of public convenience and necessity and t he FAA for safety to airlines that offer air travel services to the general public. As such, the FAA and DOT cannot just focus on standards for safety and health. Otherwise airlines will be free to provide seats that are clearly inhumane and do not even meet the standards of transporting prisoners or animals.

The consolidation of US airlines into four ma jor carriers largely eliminated competition on domestic routes. This means that without minimum seat standards, airlines will be free to place passenge rs in steerage type conditions or offer inadequate seating for the body size of a large proportion of the traveling public by engaging in unfair seat shrinkage practices.

Given that this issue has risen to the top of passenger concerns, the establishmen t of an advisory committee as proposed to study the issue and make recommendations to the FAA would appear to be the least that should be done.

Accordingly, we would request that your letter of February 1st, 2016 be withdrawn

and that the FAA issue a for mal decision that takes into account the above concerns

and deficiencies

.

Respectfully submit ted,

Paul Hudson, President Flyersrights.org 4411 Bee Ridge Rd. #274 Sarasota, FL 34233 paul@flyersrights.org

240

- 391

- 1923 fax

800

- 662

- 1859

410

- 940

- 8934 cell

cc FAA Administrator Huerta Lirio Liu, FAA Office of Rulemaking Secretary Anthony Foxx, US DOT Blane Workie, US DOT Asst. Counsel for Aviat ion Proceedings and Enforcement Congressmen Cohen, De Fazio & Young