Discomfort Not Dangerous

The United States Court of Appeals for the District of Columbia Circuit has denied mandamus relief to an advocacy group seeking roomier airplane seats

Flyers Rights and its current president have taken aim at the small size of airline seats. In their view, small seats slow emergency evacuations and cause medical problems like blood clots. They have petitioned for a writ of mandamus ordering the FAA “to commence rulemaking to establish minimum seat size and spacing requirements for commercial aircraft and to issue a final rule by a date certain.”

The court was not unsympathetic to the plight in flight

To be sure, many airline seats are uncomfortably small. That is why some passengers pay for wider seats and extra legroom. But it is not “‘clear and indisputable’” that airline seats have become dangerously small. In re Cheney, 406 F.3d at 729. Unless they are dangerously small, seat-size regulations are not “necessary for the safety of passengers.” 49 U.S.C. § 42301 note. And until they are “necessary,” the FAA cannot comply with Congress’s order to promulgate seat-size regulations “necessary for the safety of passengers.” Id.

To be clear about the limits of our holding, evidence might one day show that seat-size regulations are “necessary for the safety of passengers.” Id. The FAA has requested public comments and is currently reviewing them. In addition, Flyers Rights recently petitioned the FAA to promulgate seat-size regulations, and in that proceeding, new evidence might arise.

(Mike Frisch)