FL YERSRIGHTSt:Jt7t> 

BEFORE THE ADMINISTRATOR 

FEDERAL AVIATION ADMINISTRATION 

Michael Huerta 

Administrator 

Federal Aviation Administration 

800 Independence Ave., SW 

Washington, DC 20591 

PETITION FOR RULEMAKING: 

LIMITATION OF SEAT SIZE REDUCTIONS 

SUBMITTED BY: 

FLYERSRIGHTS.ORG 

August 26, 2015 

Pursuant to § 553(e) ofthe Administrative Procedure Act 1 and 49 U.S.C. § 106, 

FlyersRights.org and the undersigned hereby petition the Federal Aviation Administration 

("FAA") to create a regulation mandating minimum seat width and seat pitch for commercial 

airlines. A corollary ofthe right to petition in§ 553(e) is the right to receive reasons ifthe 

petition is denied. The Supreme Court recently reaffirmed limited judicial review for the deTJial 

of a rulemaking petition and for the adequacy ofthe reasons given. 2 Until these standards are 

1 5 U.S.C. § 553(e). 2 See MassachuseTts v. E.P.A., 549 U.S. 497 (2007). 
established, we request a moratorium on seat size reductions in commercial aircraft. 

Additionally, under 14 C.F.R. 11.91, the FAA must provide notice concerning its decision on 

this petition, regardless ofthe outcome. 

I. Background & Petition Summary 

FlyersRights.org is the largest nonprofit airline passenger organization with over 50,000 

members and supporters nationwide. It was the principal advocate of the 2009 Three Hour Rule 

ending tarmac confinements, for truth in scheduling regulations by the Department of 

Transportation, and for the 2012 inclusion of airline passenger rights provisions in the 2012 FAA 

Modernization and Reform Act. It publishes a weekly online newsletter, operates a toll free 

hotline for airline passengers, and advocates for their rights and interests. 3 FlyersRights was 

founded by Kate Hanni in 2007 after she, along with thousands of others, was stranded on the 

tarmac for over 9 hours. Paul Hudson has been president ofFiyersrights.org since 2013, a 

member ofthe FAA Aviation Rulemaking Advisory Committee representing the Aviation 

Consumer Action Project and the Public Citizen since 1993, and a national advocate for air 

safety and security for over 25 years. 

In 1958, Congress enacted the Federal Aviation Act creating the Federal Aviation 

Administration and continuing the Civil Aeronautics Board while redefining their 

responsibilities.4 Congress fully deregulated the domestic airline industry through the Airline 

Deregulation Act of 1978 ("ADA"). 5 The ADA impacted the airline industry by deregulating 

ticket fares, flight schedules, and routes. Additionally, the ADA preempted state laws that would 

economically impact airlines. FAA's role also shifted with the deregulation of airlines from 

regulating airlines to regulating safety, including Air Traffic Control. As air travel has 

expanded, the Transportation Security Administration was created to carry the role of controlling 

security. These two agencies, along with the Department ofTransportation (DOT) ensure safe, 

secure, and efficient air travel. 

3 See www.tlyersrights.org. 4 Federal Aviation Act, Pub. L. 85-726, 72 Stat. 731 (1958) (codified in scattered titles ofthe U.S.C.). 5 Airline Deregulation Act of 1978, Pub. L. No. 95-504, 92 Stat. 1705 (1978) (codified in scattered titles of the 

U.S.C.) 

2 
Since the enactment ofthe ADA, FAA has passed regulations regarding various aspects 

of commercial flight in order to maintain safety and efficiency. Included in these regulations are 

a variety of regulations for seats in aircraft, including regulations on safety belts, 6 headrests, 7 fire 

retardation, 8 and the maximum number of seats abreast in an airliner.9 Additionally, seats are 

also required to support a weight of at least 175 pounds. 10 So far, the only limitation placed on 

airlines by FAA regarding seat space is limiting the number of seats in an aircraft based on the 

number and size of emergency exists. 11 Though airlines would not enjoy this regulation, in 

2013, Airbus called for an industry standard minimum seat width of 18 inches, which Boeing 

vehemently argued against. 12 

Because of limited regulations on seats, airlines have decreased seat pitch and seat width 

in order to fit more passengers on each plane. In some instances, galleys have been removed as 

we11. 13 This decrease in seat size, coupled with the safety, health, and comfort ofpassengers, is 

the reason for this rulemaking petition. FlyersRights.org petitions FAA to 

1) Exercise its discretionary rulemaking authority under 49 U.S.C. § 106, to impose 

within 180 days reasonable regulations setting maintenance standards and limiting the extent of 

seat size changes in order to ensure consumer safety, health, and comfort. 

2) Issue an order within the next 45 days placing a moratorium on any further reductions 

in seat size, width, pitch, padding, and aisle width until a final rule is issued. 

3) Appoint an advisory committee or task force to assist and advise the FAA in proposing 

seat and passenger space rules and standards, with such committee having broad representation 

of the various interests involved and expertise needed, to include this petitioner and 

representatives from other airline passenger advocacy organizations, the Occupational Health 

6 14 C.F.R. 27.785 

7 Jd. 

8 14 C.F.R. 25, App. F. 9 14 C.F.R. 25.817. 10 14 C.F.R. 27.785. 

II 14 C.F.R. 25.807. 12 Sephen J. Dubner, Fighting over the Width of Airline Seats, Freakonomics, November 4, 2013, available at 

http://freakonomics.com/2013!11/04/fighting-over-the-width-of-airline-seats/. 

13 Keith L. Alexander, American Airlines to Remove its Rear Galleys, Washington Post, February 9, 2006, available 

at http://www. washingtonpost.com/wp-dyn/content/article/2006/02/08/ AR2006020802366.html. 

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and Safety Administration, the Center for Disease Control, and including at least one physician, 

ergonomic engineer, senior citizen, disabled air traveler, overweight person, disabled person, and 

at least six American air travelers representing a cross section of air travelers by age, height, 

weight, and gender. 

II. Seat Space in Commercial Airlines 

As the number of commercial air passengers has increased, airlines have been putting 

more seats on their aircraft, reducing the average seat pitch from 35 inches to 31 inches. 14 Some 

airlines have reduced seat pitch to as low as 28 inches. 15 This reduction in seat pitch has 

decreased the amount of leg room in the economy cabins of most, if not all, airlines. However, 

another factor to consider is the width of the seats. The average width of an airline seat ranges 

from 17 to 18 inches. 16 This is problematic for the consumer because the average shoulder width 

of men is the same width. 17 This means about half of male passengers are larger than the width 

of a coach seat. 

Airline seats have been designed for people who are between 5'9" and 5'10", and of 

average build. 18 Many Americans do not fit into this category. Height is not the only factor that 

results in too little leg room and an uncomfortable flight. Many people have disproportionately 

long legs, which can cause uncomfortable seating positions. Likewise, passengers may have 

knee or hip problems, limiting their mobility and ability to change positions frequently in order 

to stay comfortable and healthy. The CDC has provided data showing Americans have been 

getting taller and heavier since the 1960's. 19 The average weight of women today is what the 

average weight of men was in 1960.20 

14 Daisy Carrington, Feeling Cramped? How to battle the shrinking airline seat, CNN, November 11, 2013, 

available at http:/ /www.cnn.com/20 13/11/07 /travel/feeling-cramped-battle-airline-seat/. 15 Seat Guru, available at http://www.seatguru.com/airlines/Spirit_ Airlines/Spirit_ Airlines_ Airbus_A319 _B.php. 16 Carrington, November 11, 2013. 17 See Appendix 1 for a helpful chart detailing seat size trends and body size trends. 18See CDC, available at http://www.cdc.gov/nchs/fastats/body-measurements.htm; see also Richard Kelley, 

"Saddle Sore" -An Old Condition That Afflicts Air Travelers Too, Outrigger, July 14,2012, available at 

http://saturdaybriefing.outrigger.com/featured-post/saddle-sore-an-old-condition-that-aftlicts-air-travelers-too/. 

19 Americans Getting Taller, Bigger, Fatter, Says CDC, About News, available at 

http://usgovinfo.about.com/od/healthcare/a/tallbutfat.htm. 

20 !d. 

4 
Airlines have routinely responded to this dilemma by saying the passenger can just pay 

for an upgraded seat. While airlines regard this as a viable option, the reality of the situation is 

very different. Petitioners .believe 90% of passengers should be able to fit safely and 

comfortably in an economy seat, without any special accommodations. Similarly, for the very 

tall, forcing them to purchase an upgraded seat with more legroom can be seen as a form of 

discrimination. Though it has been stated that passengers are willing to sacrifice seat pitch for a 

lower price, this does nothing to mitigate the health, safety, and comfort concerns of passengers. 

The other 10% ofpassengers representing over 70 million passengers annually, also need to be 

accommodated. These include passengers over 74 inches in height (about 5% of men), over 250 

pounds (about 10%) according to US Census data for 2007-2008. This could take the form of 

special rows with larger seats and more pitch. It is ironic that while airlines and other providers 

of public accommodations are required by law to provide reasonable accommodations for 

passengers with physical, medical or even emotional disabilities or conditions, an increasingly 

larger percentage ofhealthy, nondisabled passengers are not provided with adequate 

accommodations. 

III. Health Implications of Reduced Seat Space 

Being in a cramped space for any period oftime can cause stiffuess and soreness in joints 

and muscles. Sitting in economy class of an airplane while on a commercial flight is no 

exception. Apart from jet lag, altitude sickness, and an increased risk to catching contagious 

illnesses, flying can cause potentially life threatening blood clots from lack of movement and 

cramped spaces. 

21 

Deep vein thrombosis ("DVT"), also known as "economy-class syndrome," occurs when 

leg clots develop in deep veins. 22 This happens when one's legs are not moving and the muscles 

are not contracting. 23 Medical professionals suggest moving about the cabin or performing 

21 In Flight Problems, The Travel Doctor, available at http://www.traveldoctor.co.uk/flights.htm. 22 Tanya Mohn, Flying and Blood Clots: A Deadly Risk, The New York Times, November 6, 2007, available at 

http:/ /www.nytimes.com/2007 /11 /06/health/06clot.html? _r=O. 23 Deep Vein Thrombosis Health Center, WebMD, available at http://www.webmd.com/dvt/. 

5 
different leg exercises while seated. 24 The issue with this suggestion is many people do not have 

the room to move in their seat or get up to move about the cabin. Reducing the seat space even 

more would only expand the issue and cause greater health, safety, and comfort concerns. 

Additionally, the tightness of the seats prevents the passengers from easily getting out of 

their seats in order to go to the restroom or move enough in order to keep blood flow circulating 

and muscles contracting in order to prevent DVT, soreness, stiffuess, or other joint and muscle 

problems associated with remaining seated for hours. 

IV. Safety Implications of Seat Space Reduction 

Airlines are required by the FAA to test their emergency evacuation plans. These tests 

have realistic scenarios; from baggage thrown throughout the cabin and infant dummies that 

need to be carried, to exits being randomly blocked and reduced lighting.25 If the test is failed, it 

can be retaken without any record of why the test was initially failed. 26 These tests have not 

been run in aircraft with seat pitches under 31 inches, even though aircraft are operating with 

seat pitches as low as 28 inches. 27 Cynthia Corbertt, a human factors researcher with the FAA, 

has stated that the FAA has not considered testing the emergency evacuation plans with other 

seat pitches.28 These tests also have volunteers to fill the aircraft with the maximum envisioned 

number of passengers, but aircraft can legally carry more passengers than the maximum 

envisioned number.29 For example a Boeing 777-300 generally seats 458 passengers, but can 

legally carry up to 550 passengers.30 Therefore, these emergency evacuation tests do not fully 

test for the true practicality of an in-flight emergency. 

Additionally, these FAA required emergency evacuation tests do not factor in human 

panic, such as older passengers, passengers with children, or passengers with disabilities who 

24 Linda Bren, Travel: Avoid Deep Vein Thrombosis, MedicineNet, available at 

http://www.medicinenet.com/script/main/art.asp?articlekey=40582. 

25 U.S. Department of Transportation, Seventh Meeting of the Advisory Committee for Aviation Consumer 

Protection, April14, 2015. 26 !d. 

27 !d. 

28 Associated Press, Safety risks of shrinking airline seats questioned, LA Times, April 14, 2015, available at 

http://www.latimes.com/business/la-fi-airline-seat-risks-20 150414-story.html. 29 Ashley Nunes, Opinion: Why Less Legroom May Mean Less Safe, Aviation Week, January 7, 2015, available at 

http://aviationweek.com/commercial-aviation/opinion-why-less-legroom-may-mean-less-safe. 

Jo I d. 

6 
may need more time to evacuate. 31 A decreased amount of space between seats would likely 

increase this panic, and cause delays in evacuations during an emergency, when time is of the 

essence. Charlie Leocha, from Travelers United, put it best when he said, "[i]n a world where 

animals have more rights to space and food than humans, it is time that the DOT and FAA take a 

stand for humane treatment ofpassengers."32 

Though there are requirements on how many seats can be on an airplane based on the 

number of emergency exists, this does not necessarily mean every emergency evacuation will be 

successful. This is shown by the necessity of allowing emergency procedure tests to be retaken. 

Increasing the seat pitch and seat width will allow easier access to the aisles, more room for 

passengers who may be injured, and more room to move towards emergency exits. In order to 

maintain profitability, airlines have added emergency exists so they can still be within FAA 

regulations and squeeze more seats into the cabin of the aircraft. 33 

V. Passenger Comfort 

Passenger comfort is generally not a concern for airlines because airlines believe 

passengers can either upgrade or would rather sacrifice comfort for a lower price. However, the 

consumer should not have to choose between paying less for a flight and having sufficient 

legroom or enough room to move about the cabin in order to prevent potential health risks. 

Because ofhow little space there is, many taller passengers are forced to purchase 

expensive, upgraded seats in order to be comfortable, or else simply sit in extreme discomfort for 

the duration ofthe flight. Additionally, many older passengers do not have ease of mobility, and 

being crammed into the economy class of an airplane can cause them severe health problems. 

Another comfort issue that arises is the proximity of neighboring passengers. For 

example, even if someone has enough legroom, the seat pitch has been reduced to the point that 

if the passenger sitting directly in front of him or her reclines his or her chair, there is little to no 

space to move. This issue is uncomfortable not only for the passenger behind the reclined seat, 

31 Associated Press, April 14,2015. 32 Jd. 

33 Victoria Bryan, Airline seat squeeze raises health and safety concerns, Reuters, April 16, 2015, available at 

http://www.reuters.com/article/20 15/04116/us-airlines-seats-idUSKBNON723A20 150416. 

7 
but also for the other passengers who need to move from the seats to the aisles. The tight space 

leads to people falling, grabbing the headrest of the closest seat, and disrupting other passengers. 

A lack of space has led to the invention ofthe knee defender device, 34 designed to 

prevent seats from reclining in order to protect the passenger's limited knee and leg room in 

airlines. There has been backlash from both airlines and passengers concerning this device, 

created to provide comfort for one passenger but can cause discomfort for another. Because of 

passenger complaints regarding the knee defender, most major airlines banned its use shortly 

after its introduction. 35 

Additionally, there are many Americans who are of a weight that they either must use 

seat belt extensions in order to safely fly, or are forced to purchase a second seat. 36 The FAA 

does not regulate when an additional seat needs to be purchased, so airlines have created their 

own policies. Travelers often have difficulty finding these policies, so websites have compiled 

lists of major airline policies regarding purchasing a second seat.37 Even if a passenger is not 

required to purchase a second ticket due to their size, they can still cause discomfort to their 

neighbors. If seat width was increased, there would fewer issues concerning overweight 

passengers and whether a second ticket needs to be purchased. Canada ruled forcing overweight 

passengers to purchase a second ticket was discriminatory, and thus illegal on domestic flights. 38 

Planes are also increasingly crowded, which has led to ever higher load factors as planes 

today fly at over 86 percent capacity. 39 Flights were 69 percent full on average in 2003 and 56 

percent full in 1991.40 Between 2007 and 2013, U.S. airlines eliminated about 1.2 million 

34 Gadget Duck, available at http://www.kneedefender.com/. 35 Lisa Miller, Airlines Ban the Knee Defender, Because That's Clearly Their Largest Concern, The Huffington 

Post, August 28, 2014, available at http://www.huffingtonpost.com/2014/08/28/knee-defenderban n 5723136.html. 36 William Hignett and Ted Kyle, RPh, MBA, To Buy or Not To Buy: An Extra Seat, Obesity Action, available at 

http://www.obesityaction.org/wp-content/uploads/airline-seatsl.pdf. 

37 CheapAir, Airline Policies for Ovenveight Passengers Traveling This Summer, January 20, 2015, available at 

http://www.cheapair.com/blog/travel-tips/airline-policies-for-overweight-passengers-traveling-this-summer/. 

38 Jd. 39 Lonnie Shekhtman, Passengers find complaints to airlines can go nowhere fast, Boston Globe, Jan. 25, 2015, 

avail able at http://www. bostongl obe.com/business/20 15/0 1 /25/ complaints-grow-but-airlines-sti It-allowed-get -awaywith-poor-service/vuLOn2L6FPPe9b2veyXB21/story.htrnl. 

40 Thomas Frank, Airline profits soar yet no relief for passengers, USA Today, Jan. 27,2015, available at 

http://www. usatoday.com/ story/news/20 15/0 1 /27 /airline-profits-soar-passengers-fuel/22395 509/. 

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flights. 41 This significant level of overcrowding leads to fights between passengers and often 

flight attendants. Overcrowded planes cause more than just fights and headaches; overweight 

passengers need to use seat belt extensions or purchase a second ticket, parents are unable to use 

car seats for their young children, and the tall are being charged extra just so their knees do not 

touch the seat in front of them. 

Kathleen Robinette, researcher for the Air Force, said, "[o]ne ofthe most important 

things about a comfortable seat is the ability to move in it. "

42 Her research found that airline 

seats are on average five inches too narrow. However, that was using data from the 1960s; with 

the increase in the size of passengers since then, the width of airlines seats is far too narrow for 

true comfort to be achieved.43 Airlines argue they listen to consumers because airlines provide 

low fares, but passengers still need to be provided with some base level of comfort. 

VI. Moratorium Request 

Because ofthe safety, health, and comfort implications of allowing airlines to continue to 

reduce the amount of space in airline seats, FlyersRights.org requests that FAA place a 

moratorium on the reduction of seat size. This moratorium would go into effect immediately 

upon the granting of this petition and would last until the FAA establishes appropriate seat 

standards. FlyersRights.org also requests that the FAA Advisory Rulemaking Committee 

establish a working group on seat standards under the Occupant Safety Subcommittee. The 

working group's findings and work will then be used to establish and refine appropriate seat 

standards. 

Vll. Conclusion 

FAA has the statutory authority to regulate safety onboard aircraft, including the number 

of seats. While FAA has regulated extensively in analogous areas it has yet to promulgate rules 

concerning seat pitch and seat width. The shrinkage of seats and passenger space by airlines to 

generate higher profits while the size of passengers has substantially increased has created an 

41 !d. 42 Thorn Patterson, Airline squeeze: It's not you, 'it's the seat,' CNN, June 1, 2012, available at 

http:/ /www.cnn .com/20 12/05/30/travellairl ine-seats/ 43 /d. 

9 
intolerable crisis situation. It is threatening the health, safety and comfort of all passengers. The 

FAA needs to rectify this situation of unreasonably small seats by imposing a moratorium on the 

reduction of seat sizes and promulgating minimum seat and passenger space standards. 

Accordingly, for the reasons stated herein, the FAA should grant this petition forthwith. 

Due to the continuing actions and threats by airlines to reduce passenger seat space even 

further in the next few months this petition is time sensitive. Accordingly it must be presumed 

that the FAA has effectively denied the petition if it is not acted upon in the next 45 days. 

10 

Respectfully submitted by: 

FlyersRights.org 

218 D St SE 

Washington, DC 20003 

Fax: (240) 391-1923 

Paul Hudson 

President 

(800) 662-1859 

pau l@flyersrights.org 

Richard Baxley 

Staff Attorney 

richard@flyersrights.org 

Andriana V anderGriend 

Legislative Analyst 

andriana@flyersrights.org 
Appendix 1 

SIZE MATTERS 

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11 
· Appendix 2 

.................................................................................................................................................................................................... ~ ....................................................... , ................................................................................................................................................................................................................................................................................................................................. .. 

Economy Seat .. Wiclth (in .. lnchn)· .. ·on .. Boeinc 

737-IOOs 

Americ:a~n Airlines 

United 

12 
Appendix 3 

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13