Petition for Rulemaking

•Your name and mailing address.

Ronald Koppel

140 Cabrini Blvd—Apt.029

New York, New York

10033

Home# 212-927-3081

Cell# 347-640-2581 

Email: rkoppel645@aol.com 

 robert.carty robert.carty@faa.gov DK.Deaderick DK.Deaderick@faa.gov 

•An explanation of your proposed action and its purpose

This action proposes to modify and re-design the back rest cushion seats used in 

Commercial Airline seats. Currently, the minimum distances for seat pitch & egress 

within Commercial Airline seats as cited in FAA Diagram 1 attached; are only maintained 

and tested for emergency compliance when all seats in the aircraft are in the “vertical” 

upright position.

The purpose of this proposed action is to maintain the aforementioned compliance for all 

seats when they are in the “recline” position as well; which is currently not the case in 

the Economy Class section of Commercial Airliners. i.e. Currently, the Economy class 

sections of Commercial Airliners are not in compliance with minimum seating pitch & 

egress parameters as set forth by the FAA in their Diagram 1 attached when passengers 

activate their “recline” privilege which in turn compromises/violates the egress pitch

minimum parameters set forth in FAA diagram 1 of the seat directly to the rear of the 

seat being reclined.

The proposed seat design as illustrated in the attachments is a simple modification to 

the back seat cushion of the passenger seat whereby the upper third of the seat is 

reduced in volume so as to ensure that when the seat is reclined; it no longer changes 

the egress & pitch of the passenger sitting behind from the egress & pitch which existed 

when the seat was originally vertical and allowed the passenger to safely enter their 

seat. 

It is also proposed that the tray table no longer be housed in the back of Economy seats 

as the space for this housing is consuming egress & pitch space in the event the seat 

housing the tray table is reclined. Instead, all tray tables should be housed in the seat 

armatures as is currently the case in many aircraft already—e.g. bulkhead seating.

Additionally, the pouch for magazines etc at the lower rear end of seats should be left 

empty by Airlines and filled at the discretion of the passenger as this too reduces egress 

& pitch in the event the seat holding the pouch is reclined.

Lastly, all seat armatures should be able to be raised to ensure safety egress & pitch 

minimum standards as set forth in Diagram 1.
•The proposed language for the new rule

PART 23—AIRWORTHINESS STANDARDS: NORMAL, UTILITY, ACROBATIC, AND 

COMMUTER CATEGORY AIRPLANES

Subpart D—Design and Construction

§23.785 Seats, berths, litters, safety belts, and shoulder harnesses.

There must be a seat or berth for each occupant that meets the following: 

(Specific Addendum)

(a) Each seat, irrespective of seating “Class” may not maintain less than the minimum 

egress & pitch distances as described and indicated in attached Diagram 1.

(1) Each seat, irrespective of seating “Class” may not maintain less than the minimum 

egress & pitch distances as described and indicated in attached Diagram 1; irrespective if the 

seat is in the vertical or recline position. 

(2) Each seat, irrespective of seating “Class” may not maintain less than the minimum

egress & pitch distances as described and indicated in attached Diagram 1; irrespective if the 

seat in front of it is in the vertical or recline position.

(3) Each seat in Economy class shall have its tray table housed in the seat armature of the 

seat and not in the housing of the rear cushion section of a seat.

(4) Pouches which lie in the lower section of Economy class seats shall not be filled by 

magazines or other cumbersome objects so as to reduce egress & pitch in the event that the seat 

housing the pouch is reclined.

(5) All passenger seats in Commercial Aircraft irrespective of Class shall be so designed as 

to ensure that egress & pitch of the seat directly behind them is not reduced below minimum 

standards as set forth in FAA diagram 1 when a passenger seat is reclined.

(6) All seat armatures must provide the capability to be raised upright.

•An explanation of why your proposed action would be in the public interest

Public interest is served when safety is enhanced; and the seat design modification 

proposed would serve to address the egress & pitch reductions which have been 

imposed exclusively to passengers flying in Economy Class which has compromised 

passenger safety given that passengers no longer have independent control over their 

egress & pitch when passengers in front of them recline their seats. Under current 

conditions, passengers who have been reclined upon must now negotiate and be first 

granted egress & pitch by the passenger in front of them before they can exit their seat. 

These egress & pitch reductions have served to compromise safety and promote air 

rage scenarios within the cabin space of Economy Class and the seat design 

modifications proposed would mitigate the aforementioned as well as mitigate the failure 

of Economy seats to comply with FAA egress & pitch standards as set forth in FAA 

diagram 1; when such seats are in the recline position.
•Information and arguments that support your proposed action, including relevant 

technical and scientific data available to you

I defer to the technical and scientific data of the FAA when they established the 

minimum standards as disclosed in the FAA attached Diagram 1. 

•Any specific facts or circumstances that support or demonstrate the need for the 

action you propose

Subjectively, recent events speak for themselves as do numerous internet blogs of 

passenger exchanges as well as numerous newspaper articles. 

Objectively, see the attached FAA Diagram 1.

•The costs and benefits of your proposed action to society in general and specific 

groups within society

Having forced flight diversions, compromised egress safety, lawsuits and arrests of 

normal law abiding passengers are costs which are being imposed on those who can 

least afford them; as well as upon those that can afford them---i.e. Business & First class 

on time sensitive schedules.

•The regulatory burden of your proposed action on small businesses, small 

organizations, small governmental jurisdictions, and Indian tribes

NA

•The recordkeeping and reporting burdens of your proposed action and whom the 

burdens would affect

Would affect Airlines, Airline seat manufacturers, FAA enforcement compliance staff.

•The effect of your proposed action on the quality of the natural and social 

environments

Exceedingly positive.

Attachments:

1. FAA Diagram 1

2. Seat Redesign a

3. Seat Redesign b

4. Critical Mass---dramatization for armatures that can be raised. 

5. Egress Compromised
Addendum to:

Title 14 → Chapter I → Subchapter C → Part 23

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Title 14: Aeronautics and Space

PART 23—AIRWORTHINESS STANDARDS: NORMAL, UTILITY, ACROBATIC, AND 

COMMUTER CATEGORY AIRPLANES

Subpart D—Design and Construction

§23.785 Seats, berths, litters, safety belts, and shoulder harnesses.

There must be a seat or berth for each occupant that meets the following:

(Specific Addendum)

(a) Each seat, irrespective of seating “Class” may not maintain less than the minimum 

egress & pitch distances as described and indicated in attached Diagram 1.

(1) Each seat, irrespective of seating “Class” may not maintain less than the minimum 

egress & pitch distances as described and indicated in attached Diagram 1; irrespective if the 

seat is in the vertical or recline position. 

(2) Each seat, irrespective of seating “Class” may not maintain less than the minimum 

egress & pitch distances as described and indicated in attached Diagram 1; irrespective if the 

seat in front of it is in the vertical or recline position.

(3) Each seat in Economy class shall have its tray table housed in the seat armature of the 

seat and not in the housing of the rear cushion section of a seat.

(4) Pouches which lie in the lower section of Economy class seats shall not be filled by 

magazines or other cumbersome objects so as to reduce egress & pitch in the event that the seat 

housing the pouch is reclined.

(5) All passenger seats in Commercial Aircraft irrespective of Class shall be so designed as 

to ensure that egress & pitch of the seat directly behind them is not reduced below minimum 

standards as set forth in FAA diagram 1 when a passenger seat is reclined.

(6) All seat armatures must provide the capability to be raised upright.
The following is left as is; the above is the proposed addendum

 (Outline index was modified to accommodate the proposed addendum)

==========================================================

b) Each seat/restraint system and the supporting structure must be designed to support 

occupants weighing at least 215 pounds when subjected to the maximum load factors 

corresponding to the specified flight and ground load conditions, as defined in the approved 

operating envelope of the airplane. In addition, these loads must be multiplied by a factor of 1.33 

in determining the strength of all fittings and the attachment of—

(1) Each seat to the structure; and

(2) Each safety belt and shoulder harness to the seat or structure.

(c) Each forward-facing or aft-facing seat/restraint system in normal, utility, or acrobatic 

category airplanes must consist of a seat, a safety belt, and a shoulder harness, with a metal-tometal latching device, that are designed to provide the occupant protection provisions required in 

§23.562. Other seat orientations must provide the same level of occupant protection as a 

forward-facing or aft-facing seat with a safety belt and a shoulder harness, and must provide the 

protection provisions of §23.562.

(d) For commuter category airplanes, each seat and the supporting structure must be 

designed for occupants weighing at least 170 pounds when subjected to the inertia loads 

resulting from the ultimate static load factors prescribed in §23.561(b)(2) of this part. Each 

occupant must be protected from serious head injury when subjected to the inertia loads resulting 

from these load factors by a safety belt and shoulder harness, with a metal-to-metal latching 

device, for the front seats and a safety belt, or a safety belt and shoulder harness, with a metalto-metal latching device, for each seat other than the front seats.

(e) Each restraint system must have a single-point release for occupant evacuation.

(f) The restraint system for each crewmember must allow the crewmember, when seated 

with the safety belt and shoulder harness fastened, to perform all functions necessary for flight 

operations.

(g) Each pilot seat must be designed for the reactions resulting from the application of pilot 

forces to the primary flight controls as prescribed in §23.395 of this part.

(h) There must be a means to secure each safety belt and shoulder harness, when not in 

use, to prevent interference with the operation of the airplane and with rapid occupant egress in 

an emergency.

(i) Unless otherwise placarded, each seat in a utility or acrobatic category airplane must be 

designed to accommodate an occupant wearing a parachute.

(j) The cabin area surrounding each seat, including the structure, interior walls, instrument 

panel, control wheel, pedals, and seats within striking distance of the occupant's head or torso 

(with the restraint system fastened) must be free of potentially injurious objects, sharp edges, 

protuberances, and hard surfaces. If energy absorbing designs or devices are used to meet this 

requirement, they must protect the occupant from serious injury when the occupant is subjected 

to the inertia loads resulting from the ultimate static load factors prescribed in §23.561(b)(2) of 
this part, or they must comply with the occupant protection provisions of §23.562 of this part, as 

required in paragraphs (b) and (c) of this section.

(k) Each seat track must be fitted with stops to prevent the seat from sliding off the track.

(l) Each seat/restraint system may use design features, such as crushing or separation of 

certain components, to reduce occupant loads when showing compliance with the requirements 

of §23.562 of this part; otherwise, the system must remain intact.

(m) For the purposes of this section, a front seat is a seat located at a flight crewmember 

station or any seat located alongside such a seat.

(n) Each berth, or provisions for a litter, installed parallel to the longitudinal axis of the 

airplane, must be designed so that the forward part has a padded end-board, canvas diaphragm, 

or equivalent means that can withstand the load reactions from a 215-pound occupant when 

subjected to the inertia loads resulting from the ultimate static load factors of §23.561(b)(2) of this 

part. In addition—

(1) Each berth or litter must have an occupant restraint system and may not have corners or 

other parts likely to cause serious injury to a person occupying it during emergency landing 

conditions; and

(2) Occupant restraint system attachments for the berth or litter must withstand the inertia 

loads resulting from the ultimate static load factors of §23.561(b)(2) of this part.

(n) Proof of compliance with the static strength requirements of this section for seats and 

berths approved as part of the type design and for seat and berth installations may be shown 

by—

(1) Structural analysis, if the structure conforms to conventional airplane types for which 

existing methods of analysis are known to be reliable;

(2) A combination of structural analysis and static load tests to limit load; or

(3) Static load tests to ultimate loads.

[Amdt. 23-36, 53 FR 30813, Aug. 15, 1988; Amdt. 23-36, 54 FR 50737, Dec. 11, 1989; Amdt. 23-49, 61 FR 

5167, Feb. 9, 1996]