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14 CFR Ch. I (1–1–19 Edition) 

§ 135.129 

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 
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: 

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08:20 May 17, 2019

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