### 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 

### •A **n explanation of y our proposed action and its purpose**  This action proposes to mod if y 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 compli ance when all seats in the aircraft are in the “vertical” upright posit i on. 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 t he 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 wh ich existed when the seat was originally vertical and allowed the passenger to safely enter their seat. I t 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 egres s & 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 ens ure safety egress & pitch minimum standards as set forth in Diagram 1.

### •The proposed language for the ne**w rule**

**PA RT 23** 
**— AI**  **RWORTHINESS ST AND**  **AR DS: NORM**  **AL , UTILITY, A** **CROBA TIC, A**  **ND COMMUTER CA** 

**TE GORY A**  **IRPLA NES**  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 me ets the following: 

### ( **Specific A ddendum**  **)** (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 ma intain 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 minim um 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 Econom y class shall have its tray table housed in the seat armature of the seat a nd not in the housing of the rear cushion section of a seat. (4) Pouches which lie in the lower section of Econom y class seats shall not be filled by ma gazines or other cumbersome objects so as to reduce egress & pitch in the event that the seat housing th e 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 pas senger seat is reclined. (6) All seat armatures must provide the capability to be raised upright. 

### •A **n explanation of why y our proposed action would be in the public interest**  Public interest is served when safety is enhanced; and the seat design modificatio n 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 & pi tch 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 egres s & 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 co mply 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 y**our proposed action, including relevant**

**technical and scientific data available to y ou**  I defer to th e technical and scientific data of the FAA w hen they established the minimum standards as disclosed in the FAA attached Diagram 1. **•A ny specific facts or circumstances that support or demonstrate the need for the**  **action y ou propose**  Subjectively, recent ev ents 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 y our 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. Busines s & First class on time sensitive schedules

. **•The regulatory**

**burden of y our proposed action on small businesses, small**  **organizations, small governmental jurisdictions, and Indian tribes**
NA 

### •The recordkeeping and reporting burdens of your proposed action an **d whom the burdens would affect**  Wo uld affect Airlines, Airline seat manufacturers , FAA enforcement compliance staff. **•The effect of y our proposed action on the quality**  **of the natural and social environments**  Exceedingly positive

. **At tachments:**  **1. FA**  **A Diagram 1**  **2. Seat Redesign a**  **3. Seat Redesign b**  **4. Critical Mass**  **--- dramatization for armatures that can be raised.**  **5. Egress Compromised** 

## Ad **dendum to:**

Title 14 → Chapter I → Subchapter C → Part 23

Return to Search Results Browse Previous | Browse Next Title 14: Aeronautics and Space **PA RT 23** 
**— AI**  **RWORTHINESS ST AND**  **AR DS: NORM**  **AL , UTILITY, A** **CROBA TIC, A**  **ND COMMUTER CA** 

**TE GORY A**  **IRPLA NES**  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 A ddendum**  **)**

(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 Econom y class shall have its tray table housed in the seat armature of the seat and not in the housing of the rear cushio n section of a seat. (4) Pouches which lie in the lower section of Econom y class seats shall not be filled by ma gazines or other cumbersome objects so as to reduce egress & pitch in the event that the seat housing the pouch is reclined. (5) All passenger s eats 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 ar ma tures 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 s ys tem 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 appro ved 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

- to
me tal 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 provi sions 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 s afety belt, or a safety belt and shoulder harness, with a metal

to
- me tal latching device, for each seat other than the front seats. (e ) Each restraint s ys tem must have a single

- point release for occupant evacuation. (f ) The restraint system for each crewme mb er m ust 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 a n 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, instrumen t panel, control wheel, pedals, and seats within striking distance of the occupant's head or torso (with the restraint s ys tem fastened) must be free of potentially injurious objects, sharp edges, protuberances, and hard surfaces. If energy absorbing design s 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) ofthis part, or they must co mply 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 s ys tem may us e 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 padde d 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 bert h 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 mu st 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 sea t 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]