Aviation Groups Push FAA to Preempt State Crew Rest Rules

A coalition of aviation organizations is asking the FAA to confirm that federal rules on flightcrew duty and rest take priority over state and local laws. The request came in comments on an agency proposal that would establish federal preemption over meal and rest requirements for airline flightcrews and flight attendants.

The FAA proposal covers Part 121 operations. The aviation groups want the final rule to apply to a wider set of operators. They argue that duty, rest, and related issues need one national standard. Differing state and local rules, they said, could force operators and crews to meet conflicting obligations when crossing state lines.

The organizations also warned that patchwork requirements could raise compliance costs and litigation risk. They said state-specific rules could make it harder to manage crews and react to disruptions or emergencies.

Attorneys general from 17 states and the District of Columbia filed their own comments opposing preemption. They say the laws are workplace protections, not safety regulations, and should stay under state control. The states point to a 2021 Ninth Circuit ruling that federal aviation law did not preempt California meal and rest break rules for flight attendants.

The attorneys general say the FAA cannot use its proposed rule to get around that decision. They also rejected the FAA's argument that state requirements would create an unworkable patchwork.