In Case Of The 'Incredible Shrinking Airline Seat,' Court Says FAA Must Reconsider Regulating Size

WASHINGTON, D.C. — A federal appeals court has ruled that the Federal Aviation Administration must review its decision not to review airplane seat size, saying that the administration did not provide sufficient information in response to a petition asking the agency to regulate airline seat sizes.

The petition was filed by the group Flyers Right Education Fund and asked the FAA to promulgate rules governing the minimum requirements for seat sizes and spaces on commercial airlines saying it poses a threat to emergency evacuation procedures and to passengers' health by causing deep vein thrombosis. The petition cited evidence that airline seat and spacing dimensions have steadily decreased over the last several decades. The FAA denied the petition.

"This is the case of the Incredible Shrinking Airline Seat," Judge Patricia Millett wrote in the ruling.

Millett wrote that in response to the petition from Flyers Rights, the FAA said that seat spacing did not affect the safety or speed of passenger evacuations.

"To support that conclusion, the Administration pointed to (at best) off-point studies and undisclosed tests using unknown parameters," Millett wrote. "That type of vaporous record will not do-the Administrative Procedure Act requires reasoned decision making grounded in actual evidence."

The court did not rule that the FAA has to review its decision regarding passenger health since it acknowledged its authority to protect the health of passengers. Citing evidence, the FAA noted that with regards to deep vein thrombosis specifically it rarely occurs and regardless, is not caused by seat size or spacing.

Flyers Rights asked the court to order the court to institute rulemaking, which the court declined.

In a statement, the group called the court's ruling a victory.

The issue of airline seat size has also been taken up by lawmakers. The SEAT Act of 2017, a piece of bipartisan legislation introduced by seven members of Congress, would establish a minimum seat size on commercial airlines as well as a minimum distance between rows of seats to protect the safety and health of airline passengers.

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