U.S. HOUSE OF REPRESENTATIVES FAA REAUTHORIZATION BILL WOULD REQUIRE MINIMUM SIZE STANDARD FOR AIRLINE SEATS
August 1, 2018
The U.S. House of Representatives’ version of the FAA reauthorization bill, H.R. 4, would require the Federal Aviation Administration (FAA) to establish minimum dimensions for passenger seats on aircraft operating in U.S. airspace. Minimum dimensions would be established for seat pitch, width and length. While the FAA reported in early July that there was no evidence that higher-capacity seat arrangements prevent safety evacuations within required minimum times, lawmakers are justifying the minimum seat requirements by citing safety and health concerns.
In a July 2, 2018 letter from the FAA to FlyersRights.org, the FAA denied the group’s petition seeking a rulemaking on airline seat dimensions, stating that seat width and pitch, in conjunction with increased passenger numbers, do not hamper the speed, timing or sequence of a safety evacuations.
Alison McAfee, a spokeswoman for Airlines for America, issued a statement that “[A4A] believe[s] market forces should ultimately determine whether the industry is meeting customers’ expectations, rather than government regulation.” Similarly, Richard Aboulafia, a Teal Group analyst, said such a rule could potentially lead low cost carriers to raise fares if their costs increased.
Against this backdrop, the DOT Inspector General is currently conducting a probe into the FAA’s oversight of safety evacuations to determine whether evacuations can be performed in 90 seconds in light of industry shifts to increase seat capacity on flights.
Despite the FAA’s July 2nd letter, it may be forced to institute seat dimension requirements if the House’s FAA reauthorization bill passes, or the DOT IG’s findings differ from those of the FAA.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Alexander Matthews (amatthews@eckertseamans.com or 202-659-6633).
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