# FL YERSRIGHTSt:Jt7t>

BEFORE THE ADMINISTRATOR FEDERAL AVIATIONADMINISTRATION
Michael Huerta Administrator Federal Aviation Administration 800 IndependenceAve., SW Washington, DC 20591



### PETITION FORRULEMAKING: LIMITATION OF SEAT SIZE REDUCTIONS

SUBMITTEDBY: 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 petitionthe 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 limitedjudicial review for the deTJial ofa 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. Itwas the principal advocate ofthe 2009 Three HourRule ending tarmac confinements, for truth in scheduling regulations by the Department of Transportation, and for the 2012 inclusion ofairline passengerrights provisions in the 2012 FAA Modernization and Reform Act. Itpublishes 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 ofothers, was stranded onthe 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 industrythroughthe Airline Deregulation Act of1978 ("ADA").5 The ADA impacted the airline industryby deregulating ticket fares, flight schedules, and routes. Additionally, the ADA preempted state laws that would economically impact airlines. FAA'srole also shifted with the deregulation ofairlines from regulating airlines to regulating safety, including Air Traffic Control. As air travel has expanded, the Transportation SecurityAdministration was createdto carry the role ofcontrolling 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 oftheU.S.C.). 5 Airline Deregulation Act of1978, Pub. L. No. 95-504, 92 Stat. 1705 (1978) (codified in scattered titles ofthe U.S.C.) 2Since the enactment ofthe ADA, FAA has passed regulations regarding various aspects ofcommercial flight in orderto maintain safety and efficiency. Included in these regulations are a variety ofregulations for seats in aircraft, including regulations on safetybelts,6 headrests,7 fire retardation, 8 and the maximum number ofseats abreast in an airliner.9 Additionally, seats are also required to support a weight ofat least 175 pounds. 10 So far, the only limitationplaced on airlines by FAA regarding seat space is limiting the number ofseats in an aircraft based onthe number and size ofemergency exists. 11 Though airlines would not enjoythis regulation, in 2013, Airbus called for an industry standard minimum seat width of 18 inches, which Boeing vehemently argued against. 12
Because oflimited regulations on seats, airlines have decreased seat pitch and seat width in orderto fit more passengers oneach plane. In some instances, galleys have been removed as we11. 13 This decrease in seat size, coupled withthe safety, health, and comfort ofpassengers, is the reason for this rulemaking petition. FlyersRights.org petitions FAAto 1) Exercise its discretionaryrulemaking 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 orderto 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 ortask force to assist and advise the FAA in proposing seat and passenger space rules and standards, with such committee having broad representation ofthe 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 7Jd. 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,AmericanAirlines 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. 3and 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 ofair travelers by age, height, weight, and gender. 

### II. Seat Space in CommercialAirlines Asthe number ofcommercial 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 ofleg room in the economy cabins ofmost, ifnot all, airlines. However, another factor to consider is the width ofthe seats. The average width ofan airline seat ranges from 17 to 18 inches. 16 This is problematic for the consumer because the average shoulder width ofmen is the same width. 17 This means about halfofmale passengers are larger than the width ofa 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 notthe only factor that results in too little leg room and an uncomfortable flight. Manypeople have disproportionately long legs, which can cause uncomfortable seating positions. Likewise, passengers may have knee orhip problems, limiting their mobility and abilityto 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 ofwomen today is whatthe average weight ofmen was in 1960.20

14 Daisy Carrington, Feeling Cramped? How to battle the shrinkingairline seat, CNN,November 11, 2013, available athttp:/ /www.cnn.com/2013/11/07 /travel/feeling-cramped-battle-airline-seat/. 15 Seat Guru, available athttp://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 sizetrends. 18See CDC, available at http://www.cdc.gov/nchs/fastats/body-measurements.htm; see also Richard Kelley, "Saddle Sore" -An Old Condition ThatAfflictsAir Travelers Too, Outrigger, July 14,2012,available at http://saturdaybriefing.outrigger.com/featured-post/saddle-sore-an-old-condition-that-aftlicts-air-travelers-too/. 19Americans Getting Taller, Bigger, Fatter, Says CDC, About News, available at http://usgovinfo.about.com/od/healthcare/a/tallbutfat.htm. 20!d.
4Airlines have routinely responded to this dilemma by saying the passenger canjust pay for an upgraded seat. While airlines regard this as a viable option, the reality ofthe situation is very different. Petitioners.believe 90% ofpassengers 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 ofpassengers. 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% ofmen), over 250 pounds (about 10%) according to US Census data for 2007-2008. This could takethe form of special rows with larger seats and more pitch. It is ironic that while airlines and other providers ofpublic accommodations are required by law to provide reasonable accommodations for passengers with physical, medical or even emotionaldisabilities or conditions, an increasingly larger percentage ofhealthy, nondisabled passengers are not provided with adequate accommodations. 

### III. Health Implications ofReduced Seat Space Being in a cramped space for any period oftime can cause stiffuess and soreness injoints and muscles. Sitting in economy class ofan airplane while on a commercial flight is no exception. Apart fromjet lag, altitude sickness, and an increased risk to catching contagious illnesses, flying can cause potentially life threatening blood clots from lack ofmovement 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 orperforming

21 In Flight Problems, TheTravel Doctor, available athttp://www.traveldoctor.co.uk/flights.htm. 22 Tanya Mohn, FlyingandBloodClots: A Deadly Risk, TheNewYork 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 athttp://www.webmd.com/dvt/. 5different 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 aboutthe cabin. Reducing the seat space even more would only expand the issue and cause greater health, safety, and comfort concerns. Additionally, the tightness ofthe seats prevents the passengers from easily getting out of their seats in orderto go to the restroom ormove enough in orderto keep blood flow circulating and muscles contracting in orderto prevent DVT, soreness, stiffuess, orotherjoint and muscle problems associated with remaining seated for hours. 

### IV. Safety Implications ofSeat SpaceReduction Airlines are required by the FAAtotest 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 Ifthe test is failed, it can be retaken without any record ofwhy the test was initially failed. 26 These tests have not beenrun 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 statedthat 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 ofpassengers, 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 ofan 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 LindaBren, Travel: AvoidDeep Vein Thrombosis, MedicineNet, available at http://www.medicinenet.com/script/main/art.asp?articlekey=40582. 25 U.S. Department ofTransportation, Seventh Meeting oftheAdvisory Committee for Aviation Consumer Protection, April14, 2015. 26 !d. 27 !d. 28 Associated Press, Safety risks of shrinkingairline seats questioned, LA Times, April 14, 2015, available at http://www.latimes.com/business/la-fi-airline-seat-risks-20150414-story.html. 29 AshleyNunes, 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 Id.
6may need more time to evacuate. 31 A decreased amount ofspace between seats would likely increase this panic, and cause delays in evacuations during an emergency, whentime is ofthe essence. Charlie Leocha, from Travelers United, put it best when he said, "[i]n a world where animals have more rightsto space and food than humans, it is time thatthe DOT and FAAtake a stand for humane treatment ofpassengers."32 Though there are requirements on how many seats can be on an airplane based onthe number ofemergency exists, this does not necessarily mean every emergency evacuation will be successful. This is shown by the necessity ofallowing emergencyprocedureteststo 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 orderto maintain profitability, airlines have added emergency exists so they can still be within FAA regulations and squeeze more seats into the cabin ofthe 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 orenough room to move about the cabin in orderto prevent potential health risks. Because ofhow little spacethere is, many taller passengers are forced to purchase expensive, upgraded seats in orderto be comfortable, orelse simply sit in extreme discomfort for the duration ofthe flight. Additionally, many older passengers do not have ease ofmobility, and being crammed into the economy class ofan airplane can causethem severe health problems. Another comfort issue that arises is the proximity ofneighboring passengers. For example, even ifsomeone has enough legroom, the seat pitch has been reduced to the pointthat ifthe passenger sitting directly in front ofhim orher reclines his orher chair, there is little to no space to move. This issue is uncomfortable not only for thepassenger behind the reclined seat,

31 Associated Press, April 14,2015. 32 Jd. 33 Victoria Bryan,Airline seat squeeze raises health andsafety concerns, Reuters, April 16, 2015, available at http://www.reuters.com/article/2015/04116/us-airlines-seats-idUSKBNON723A20150416.
7but also for the other passengers who need to move from the seatsto the aisles. The tight space leads to people falling, grabbing the headrest ofthe closest seat, and disrupting otherpassengers. A lack ofspace has led to the invention ofthe knee defender device,34 designed to prevent seats from reclining in orderto 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 passengerbut 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 ofa weightthat theyeither must use seatbelt extensions in orderto 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 ofmajor airline policies regarding purchasing a second seat. 37 Even ifa passenger is not required to purchase a second ticket due to their size, they can still cause discomfort to their neighbors. Ifseat width was increased, there would fewer issues concerning overweight passengers and whether a second ticket needs to be purchased. Canadaruled 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 athttp://www.kneedefender.com/. 35 Lisa Miller,AirlinesBan the Knee Defender, Because That's Clearly Their Largest Concern, The Huffington Post, August 28, 2014, available athttp://www.huffingtonpost.com/2014/08/28/knee-defenderban n 5723136.html. 36 William Hignett andTedKyle, RPh, MBA, To Buy orNot To Buy: AnExtra 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 findcomplaints to airlines can go nowherefast, Boston Globe, Jan. 25, 2015, available athttp://www.bostonglobe.com/business/2015/01 /25/complaints-grow-but-airlines-stiIt-allowed-get-awaywith-poor-service/vuLOn2L6FPPe9b2veyXB21/story.htrnl. 40 Thomas Frank,Airlineprofitssoaryet no relief forpassengers, USA Today, Jan. 27,2015, available at http://www.usatoday.com/story/news/2015/01 /27 /airline-profits-soar-passengers-fuel/22395509/. 8flights. 41 This significant level ofovercrowding leads to fights between passengers and often flight attendants. Overcrowded planes cause more thanjust 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 extrajust so their knees do not touchthe seat in front ofthem. 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 ofpassengers since then, the width ofairlines 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 ofcomfort. VI. 

### Moratorium Request Because ofthe safety, health, and comfort implications ofallowing airlines to continueto reduce the amount ofspace in airline seats, FlyersRights.org requests that FAAplace a moratorium on the reduction ofseat size. This moratorium would go into effect immediately upon the granting ofthis 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 authorityto regulate safety onboard aircraft, including the number ofseats. While FAAhas regulated extensively in analogous areas it has yet to promulgate rules concerning seat pitch and seat width. The shrinkage ofseats and passenger space by airlines to generate higher profits while the size ofpassengers has substantially increased has created an

41 !d. 42 Thorn Patterson,Airline squeeze: It's notyou, 'it's the seat,' CNN,June 1, 2012, available at http:/ /www.cnn.com/2012/05/30/travellairline-seats/ 43 /d.
9intolerable crisis situation. It is threatening the health, safety and comfort ofall passengers. The FAA needs to rectifythis situation ofunreasonably small seats by imposing a moratorium on the reduction ofseat 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 thatthe FAA has effectively denied the petition ifit 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 paul@flyersrights.org Richard Baxley Staff Attorney richard@flyersrights.org Andriana VanderGriend LegislativeAnalyst andriana@flyersrights.orgAppendix 1


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