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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
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
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