charlie liocca charlie, why don't you tell us what happens next with this lawsuit. the faa doesn't have to do anything right away, correct >> either the faa has to release the data, which they say that they have, decide that it's not confidential, or they have to redo the evacuation test to show that we can get people off these planes given the fact that seats are now not on packed tighter in terms of eliminating leg room buteliminating width. that's part of what we asked the faa to give us clear argument on if we want to have this argument on customer service, we're going to lose. but based upon safety and health, we have a good chance of winni winning. >> well, the idea if you cram more seats and more people in, it's going to take longer to get off. why don't you think this is a safety issue >> number one, they regulate safety for seat manufacturers to wi withstand 16 gs of force there's a whole lot of things on the air worthiness certificate that gets you a seat on an airplane they rarely put the number of seats authorized on an airplane. the evacuation of 90 seconds usually exceeds the market you really don't want to put that many people on the airpl e airplane what happens to people who now can afford to fly because they offer super cheap fares, you're going to put them back in cars where the fatality rate is a hundred times higher who are you harming and -- >> gordon, you know i love you but you have some heavy lifting on this one. are you convinced you can evacuate a plane in less than 90 seconds? >> they have to actually do it it gets done on multiple configurations of the same plane. >> how come the faa won't release those sflults. >> i -- those results? >> i have no idea. as a safety/marketing issue, it's a non-issue >> charlie, if the faa can demonstrate this, or if they can show it in other tests, are they willing to say, okay, never mind, let's move on. >> if they show it and they show that everything is safe and everything is according to rules and regulations, we have to accept that. we may not like it the only way consumers can battle against the airlines having crammed more and more people into the same plane is by no flying. unfortunately we're in a situation where we don't have a lot of choices if you're not crammed in the back, you have to pay a lot more to sit up in the front >> and to that point, charlie, let's go over this people are not not flying, they're not voting with their pocketbooks, they're not voting with their feet. the air is more crowded than ever i know we all complain about it. i do i hate being claimed into these seats but we're not voting with our pocketbooks. >> i think if we just go by comfort, we'll end up with the short end of the stick. but if we evaluate by safety, there i