Section 135.129

14 CFR Ch. I (1-1-19 Edition)

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 access means a seat from which a passenger can proceed directly to the exit
without entering an aisle or passing
around an obstruction.
(3) Persons designated to make determination. Each certificate holder shall
make the passenger exit seating determinations required by this paragraph
in a non-discriminatory manner consistent with the requirements of this
section, by persons designated in the
certificate holder-s required operations
manual.
(4) Submission of designation for approval. Each certificate holder shall
designate the exit seats for each passenger seating configuration in its fleet
in accordance with the definitions in
this paragraph and submit those designations 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 paragraph (d) of this section because - 
(1) The person lacks sufficient mobility, 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 mechanisms;
(ii) To grasp and push, pull, turn, or
otherwise manipulate those mechanisms;
(iii) To push, shove, pull, or otherwise open emergency exits;
(iv) To lift out, hold, deposit on nearby 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 expeditiously;
(vii) To maintain balance while removing 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 companion, parent, or other relative;
(3) The person lacks the ability to
read and understand instructions required 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 instructions shouted by flight attendants, without assistance beyond a hearing aid;
(6) The person lacks the ability adequately 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 performing 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 certificate holder implementing exit seating restrictions established in accordance with this section.
(d) Each certificate holder shall include 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 following functions:

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