NATIONWIDE -- The Federal Aviation Administration is on the defense when it comes to how many passengers that airlines pack on commercial flights.

Smaller seat sizes and the amount of space in between rows it isn't a threat to passenger safety, according to the FAA.

The regulator's decision came down in a written response to lawsuit brought by the group Flyers Rights.

Consumer advocacy group Flyers Rights has claimed that shrinking airline seats are a safety hazard, especially with larger passengers, in case of emergency evacuations.

Instead, the FAA claims the seat width and pitch — the distance between seat backs depth of seats are not a problem.

"The time it takes passengers to get out of their seats, even if those seats are relatively narrow and close together, is less than the time it takes for the emergency exits to begin functioning," Dorenda Baker, executive director of the FAA's Aircraft Certification Service, said.

She added airplane manufacturers test the amount of time it takes for passengers and the flight crew to get the emergency exits opened, plus the time to form a line clear the aisle.  The FAA claims there is "no evidence" current seat sizes are a factor in the evacuation time.

Consumer advocates maintain it takes more time for passengers to exit a plane due sore joints that result in tight seats.