The FAA proposed a rule Monday that would make federal aviation regulations the controlling standard for flightcrew member and flight attendant duty, rest and meal break requirements.
The notice, published July 6 in the Federal Register, would add language to Parts 117 and 121 stating that state and local requirements covering the same subject matter are preempted. Comments are due Sept. 4.
Litigation prompted review
The proposal follows several years of litigation over whether California meal and rest break law applies to airline cabin crews. In Bernstein v. Virgin America, the 9th U.S. Circuit Court of Appeals held in 2021 that California’s meal and rest break requirements were not preempted by the Federal Aviation Act or the Airline Deregulation Act, and the Supreme Court declined to review the case in 2022.
California later enacted SB 41, which exempts airline cabin crew employees from those state requirements when they are covered by qualifying Railway Labor Act collective bargaining agreements that address meal and rest breaks.
“Recent litigation prompted FAA to review regulations relating to duty and rest for flightcrew members and flight attendants,” the agency said in its proposal.
The FAA said the proposed rule is intended to clarify that crew members remain available for safety-related responsibilities during a duty period, while flight attendants also have the ability to meet physiological needs such as eating or using the restroom.
Existing rest rule remains
The proposal follows the FAA’s 2022 final rule requiring Part 121 operators to provide at least 10 consecutive hours of scheduled rest for flight attendants assigned to duty periods of 14 hours or less. That rule took effect Nov. 14, 2022 and removed a previous option that could allow a reduction to eight hours under certain circumstances. The new proposal addresses break requirements during duty periods rather than the minimum post-duty rest period.
The proposed rule would add § 117.31 for flightcrew members and § 121.468 for flight attendants. Under the proposed Part 121 language, certificate holders would have to ensure flight attendants remain available for safety duties and are able to meet physiological needs during a duty period.
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