There's a Battle over Airplane Seat size

The airlines don't want rules on seat size because that might limit the amount of passengers. But advocacy groups say seat size is an important safety issue.

Andrew Applebaum is lead counsel for

"It would be safer if passengers had more leg room because they'd be able to exit the aisles quicker."

Applebaum says his group is suing the FAA over the issue and he hopes safety will win over airline lobbying.

"We believe that if the FFA studies the issues with updated data that they will set minimum seat standards."

If a seat size standard is approved it'll be part of the FAA's funding bill being debated now.

"The biggest concern here is that we need to make sure airplanes are safe and they can be safely evacuated within the 90 second standard."

Applebaum says current law requires the 90 second standard but there's no guarantee the new funding bill for the FAA will require larger seats. In July the FAA said it would not regulate seat size.

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