NON RESOLUTION OF SEATING HANDICAPPED PAX IN OR NEAR EMER EXIT WINDOW SEAT ON CHARTER FLT.

Narrative

WHILE PREBOARDING A HANDICAPPED GENTLEMAN; I NOTICED THAT OUR LCL PDI AND HIS SUPVR WERE WATCHING THE PROCESS. OBVIOUSLY DISTR AND WONDERING ABOUT THEIR CONCERN; I CONTINUED TO BOARD THIS PERSON WITH THE HELP OF HIS 2 AIDES. WE SAT HIM IN HIS SEAT. THE SEAT DIRECTLY BEHIND THE REAR ENTRY DOOR AND ACROSS FROM THE AFT EMER EXIT. I BRIEFED THE GENTLEMAN AND HIS AIDES ON EMER EGRESS (PER COMPANY PROC). ALTHOUGH OUR COMPANY HAS SUBMITTED A PROPOSAL TO THE FAA ON EXIT ROW SEATING; PROCS HAVE NOT BEEN IMPLEMENTED FOR 2 REASONS: 1. POST REG ACTION NOTICES HAVE BEEN ISSUED REGARDING THE TOPIC; AND 2. THE FAA HAS NOT RESPONDED TO OUR DRAFT. BUT I WANTED TO BE SURE; SO I ASKED OUR POI FOR GUIDANCE AT THE SCENE. HE AGREED; SINCE WE WERE NON-SCHEDULED AND HAD 19 SEATS; THE REG WAS NOT MANDATORY. WE BOARDED THE REMAINING PAXS AND WERE ON OUR WAY. IT TURNED INTO THE MOST SLOPPY FLT OF MY CAREER. CREW COORD WAS NIL; ALTS AND HDGS WERE EXCEEDED THOUGH NOT BY MUCH; NOR ENOUGH TO CREATE A DANGEROUS SITUATION; ATC TRANSMISSIONS HAD TO BE REPEATED AND CHKLIST ITEMS WERE OMITTED. WHY? BECAUSE WE WERE DISTRACTED AND INTIMIDATED BY THE FAA PERSONNEL WHO OBSERVED THE BOARDING; DID NOT TRUST THEIR GUIDANCE AND WONDERED IF THIS WOULD BE THE END OF AN UNBLEMISHED CAREER WITH A VIOLATION OF 135.129. PART OF THE PROBLEM IS THE VIEW THAT MOST PLTS HAVE OF THE FAA. ARE THEY PERCEIVED AS THE HELPFUL ST BERNARD; OR THE VICIOUS WATCH DOG TRAINED TO DEVOUR THOSE WHO CROSS THE LINE? PROFESSIONAL PLTS MUST THINK OF THE REPERCUSSIONS THAT THEIR PRUDENT ACTIONS HAVE ON THEIR CAREERS. IF I DECLARE AN EMER WILL I FACE AN INVESTIGATION AND POSSIBLE VIOLATION? OR SHOULD I SEE HOW FAR I CAN GET WITH ANY GIVEN SITUATION AND AVOID INVESTIGATION? I AM AND HAVE ALWAYS BEEN A CAUTIOUS PLT. ON A RECENT FLT WE ENCOUNTERED A SMALL AMOUNT OF SMOKE EMANATING FROM BEHIND THE INST PANEL. AFTER FOLLOWING PROCS THE SMOKE DISSIPATED; BUT I ELECTED TO RETURN TO THE ORIGINATING ARPT AND MAKE A PRECAUTIONARY LNDG. THE PROPER CHOICE? YES; BUT I LITERALLY HAD TO TALK AN FAA INSPECTOR OUT OF PUTTING AN INCIDENT ON MY RECORD. WHY SHOULD I HAVE TO DEFEND A PRUDENT ACTION? IN A SIMILAR SITUATION WHAT WILL I DO? I WILL DO THE PRUDENT THING; BUT THE FAA WILL LINGER IN MY MIND. TO RETURN TO THE POINT; I WAS DISTRACTED GBY THE FAA WHILE BOARDING AN ATCO FLT. I DO NOT TRUST THEIR GUIDANCE CONCERNING THIS MATTER AND SUBSEQUENTLY MAY BE IN VIOLATION OF A FAR. THIS DISTR LINGERED IN MY COCKPIT AND ULTIMATELY CREATED AN UNACCEPTABLE SITUATION.