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442 

14 CFR Ch. I (1–1–24 Edition) 

§ 135.129 

paragraphs (a)(2)(ii)(A) through 
(a)(2)(ii)(C) of this section. 

(3) This section does not prohibit the 

certificate holder from providing child 
restraint systems authorized by this 
or, consistent with safe operating prac-
tices, determining the most appro-
priate passenger seat location for the 
child restraint system. 

[Doc. No. 26142, 57 FR 42676, Sept. 15, 1992, as 
amended by Amdt. 135–62, 61 FR 28422, June 
4, 1996; Amdt. 135–100, 70 FR 50907, Aug. 26, 
2005; Amdt. 135–106, 71 FR 40010, July 14, 2006; 
71 FR 59374, Oct. 10, 2006; Amdt. 135–130, 79 FR 
28812, May 20, 2014] 

§ 135.129 Exit seating. 

(a)(1) 

Applicability. 

This section ap-

plies to all certificate holders oper-
ating under this part, except for on-de-
mand operations with aircraft having 
19 or fewer passenger seats and com-
muter operations with aircraft having 
9 or fewer passenger seats. 

(2) 

Duty to make determination of suit-

ability. 

Each certificate holder shall de-

termine, to the extent necessary to 
perform the applicable functions of 
paragraph (d) of this section, the suit-
ability of each person it permits to oc-
cupy an exit seat. For the purpose of 
this section— 

(i) 

Exit seat 

means— 

(A) Each seat having direct access to 

an exit; and 

(B) Each seat in a row of seats 

through which passengers would have 
to pass to gain access to an exit, from 
the first seat inboard of the exit to the 
first aisle inboard of the exit. 

(ii) A passenger seat having 

direct ac-

cess 

means a seat from which a pas-

senger can proceed directly to the exit 
without entering an aisle or passing 
around an obstruction. 

(3) 

Persons designated to make deter-

mination. 

Each certificate holder shall 

make the passenger exit seating deter-
minations required by this paragraph 
in a non-discriminatory manner con-
sistent with the requirements of this 
section, by persons designated in the 
certificate holder’s required operations 
manual. 

(4) 

Submission of designation for ap-

proval. 

Each certificate holder shall 

designate the exit seats for each pas-
senger seating configuration in its fleet 
in accordance with the definitions in 

this paragraph and submit those des-
ignations for approval as part of the 
procedures required to be submitted for 
approval under paragraphs (n) and (p) 
of this section. 

(b) No certificate holder may seat a 

person in a seat affected by this section 
if the certificate holder determines 
that it is likely that the person would 
be unable to perform one or more of 
the applicable functions listed in para-
graph (d) of this section because— 

(1) The person lacks sufficient mobil-

ity, strength, or dexterity in both arms 
and hands, and both legs: 

(i) To reach upward, sideways, and 

downward to the location of emergency 
exit and exit-slide operating mecha-
nisms; 

(ii) To grasp and push, pull, turn, or 

otherwise manipulate those mecha-
nisms; 

(iii) To push, shove, pull, or other-

wise open emergency exits; 

(iv) To lift out, hold, deposit on near-

by seats, or maneuver over the 
seatbacks to the next row objects the 
size and weight of over-wing window 
exit doors; 

(v) To remove obstructions of size 

and weight similar over-wing exit 
doors; 

(vi) To reach the emergency exit ex-

peditiously; 

(vii) To maintain balance while re-

moving obstructions; 

(viii) To exit expeditiously; 
(ix) To stabilize an escape slide after 

deployment; or 

(x) To assist others in getting off an 

escape slide; 

(2) The person is less than 15 years of 

age or lacks the capacity to perform 
one or more of the applicable functions 
listed in paragraph (d) of this section 
without the assistance of an adult com-
panion, parent, or other relative; 

(3) The person lacks the ability to 

read and understand instructions re-
quired by this section and related to 
emergency evacuation provided by the 
certificate holder in printed or graphic 
form or the ability to understand oral 
crew commands. 

(4) The person lacks sufficient visual 

capacity to perform one or more of the 
applicable functions in paragraph (d) of 
this section without the assistance of 

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443 

Federal Aviation Administration, DOT 

§ 135.129 

visual aids beyond contact lenses or 
eyeglasses; 

(5) The person lacks sufficient aural 

capacity to hear and understand in-
structions shouted by flight attend-
ants, without assistance beyond a hear-
ing aid; 

(6) The person lacks the ability ade-

quately to impart information orally 
to other passengers; or, 

(7) The person has: 
(i) A condition or responsibilities, 

such as caring for small children, that 
might prevent the person from per-
forming one or more of the applicable 
functions listed in paragraph (d) of this 
section; or 

(ii) A condition that might cause the 

person harm if he or she performs one 
or more of the applicable functions 
listed in paragraph (d) of this section. 

(c) Each passenger shall comply with 

instructions given by a crewmember or 
other authorized employee of the cer-
tificate holder implementing exit seat-
ing restrictions established in accord-
ance with this section. 

(d) Each certificate holder shall in-

clude on passenger information cards, 
presented in the language in which 
briefings and oral commands are given 
by the crew, at each exit seat affected 
by this section, information that, in 
the event of an emergency in which a 
crewmember is not available to assist, 
a passenger occupying an exit seat may 
use if called upon to perform the fol-
lowing functions: 

(1) Locate the emergency exit; 
(2) Recognize the emergency exit 

opening mechanism; 

(3) Comprehend the instructions for 

operating the emergency exit; 

(4) Operate the emergency exit; 
(5) Assess whether opening the emer-

gency exit will increase the hazards to 
which passengers may be exposed; 

(6) Follow oral directions and hand 

signals given by a crewmember; 

(7) Stow or secure the emergency exit 

door so that it will not impede use of 
the exit; 

(8) Assess the condition of an escape 

slide, activate the slide, and stabilize 
the slide after deployment to assist 
others in getting off the slide; 

(9) Pass expeditiously through the 

emergency exit; and 

(10) Assess, select, and follow a safe 

path away from the emergency exit. 

(e) Each certificate holder shall in-

clude on passenger information cards, 
at each exit seat— 

(1) In the primary language in which 

emergency commands are given by the 
crew, the selection criteria set forth in 
paragraph (b) of this section, and a re-
quest that a passenger identify himself 
or herself to allow reseating if he or 
she— 

(i) Cannot meet the selection criteria 

set forth in paragraph (b) of this sec-
tion; 

(ii) Has a nondiscernible condition 

that will prevent him or her from per-
forming the applicable functions listed 
in paragraph (d) of this section; 

(iii) May suffer bodily harm as the re-

sult of performing one or more of those 
functions; or 

(iv) Does not wish to perform those 

functions; and, 

(2) In each language used by the cer-

tificate holder for passenger informa-
tion cards, a request that a passenger 
identify himself or herself to allow re-
seating if he or she lacks the ability to 
read, speak, or understand the lan-
guage or the graphic form in which in-
structions required by this section and 
related to emergency evacuation are 
provided by the certificate holder, or 
the ability to understand the specified 
language in which crew commands will 
be given in an emergency; 

(3) May suffer bodily harm as the re-

sult of performing one or more of those 
functions; or, 

(4) Does not wish to perform those 

functions. 

A certificate holder shall not require 
the passenger to disclose his or her rea-
son for needing reseating. 

(f) Each certificate holder shall make 

available for inspection by the public 
at all passenger loading gates and tick-
et counters at each airport where it 
conducts passenger operations, written 
procedures established for making de-
terminations in regard to exit row 
seating. 

(g) No certificate holder may allow 

taxi or pushback unless at least one re-
quired crewmember has verified that 
no exit seat is occupied by a person the 
crewmember determines is likely to be 

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444 

14 CFR Ch. I (1–1–24 Edition) 

§ 135.141 

unable to perform the applicable func-
tions listed in paragraph (d) of this sec-
tion. 

(h) Each certificate holder shall in-

clude in its passenger briefings a ref-
erence to the passenger information 
cards, required by paragraphs (d) and 
(e), the selection criteria set forth in 
paragraph (b), and the functions to be 
performed, set forth in paragraph (d) of 
this section. 

(i) Each certificate holder shall in-

clude in its passenger briefings a re-
quest that a passenger identify himself 
or herself to allow reseating if he or 
she— 

(1) Cannot meet the selection criteria 

set forth in paragraph (b) of this sec-
tion; 

(2) Has a nondiscernible condition 

that will prevent him or her from per-
forming the applicable functions listed 
in paragraph (d) of this section; 

(3) May suffer bodily harm as the re-

sult of performing one or more of those 
functions; or, 

(4) Does not wish to perform those 

functions. 

A certificate holder shall not require 
the passenger to disclose his or her rea-
son for needing reseating. 

(j) [Reserved] 
(k) In the event a certificate holder 

determines in accordance with this sec-
tion that it is likely that a passenger 
assigned to an exit seat would be un-
able to perform the functions listed in 
paragraph (d) of this section or a pas-
senger requests a non-exit seat, the 
certificate holder shall expeditiously 
relocate the passenger to a non-exit 
seat. 

(l) In the event of full booking in the 

non-exit seats and if necessary to ac-
commodate a passenger being relocated 
from an exit seat, the certificate hold-
er shall move a passenger who is will-
ing and able to assume the evacuation 
functions that may be required, to an 
exit seat. 

(m) A certificate holder may deny 

transportation to any passenger under 
this section only because— 

(1) The passenger refuses to comply 

with instructions given by a crew-
member or other authorized employee 
of the certificate holder implementing 
exit seating restrictions established in 
accordance with this section, or 

(2) The only seat that will physically 

accommodate the person’s handicap is 
an exit seat. 

(n) In order to comply with this sec-

tion certificate holders shall— 

(1) Establish procedures that address: 
(i) The criteria listed in paragraph 

(b) of this section; 

(ii) The functions listed in paragraph 

(d) of this section; 

(iii) The requirements for airport in-

formation, passenger information 
cards, crewmember verification of ap-
propriate seating in exit seats, pas-
senger briefings, seat assignments, and 
denial of transportation as set forth in 
this section; 

(iv) How to resolve disputes arising 

from implementation of this section, 
including identification of the certifi-
cate holder employee on the airport to 
whom complaints should be addressed 
for resolution; and, 

(2) Submit their procedures for pre-

liminary review and approval to the 
principal operations inspectors as-
signed to them at the responsible 
Flight Standards office. 

(o) Certificate holders shall assign 

seats prior to boarding consistent with 
the criteria listed in paragraph (b) and 
the functions listed in paragraph (d) of 
this section, to the maximum extent 
feasible. 

(p) The procedures required by para-

graph (n) of this section will not be-
come effective until final approval is 
granted by the Executive Director, 
Flight Standards Service, Washington, 
DC. Approval will be based solely upon 
the safety aspects of the certificate 
holder’s procedures. 

[Doc. No. 25821, 55 FR 8073, Mar. 6, 1990, as 
amended by Amdt. 135–45, 57 FR 48664, Oct. 
27, 1992; Amdt. 135–50, 59 FR 33603, June 29, 
1994; Amdt. 135–60, 61 FR 2616, Jan. 26, 1996; 
Docket FAA–2018–0119, Amdt. 135–139, 83 FR 
9175, Mar. 5, 2018] 

Subpart C—Aircraft and 

Equipment 

§ 135.141 Applicability. 

This subpart prescribes aircraft and 

equipment requirements for operations 
under this part. The requirements of 
this subpart are in addition to the air-
craft and equipment requirements of 
part 91 of this chapter. However, this