B767-300 CREW WAS UNABLE TO GET PROPER CREW REST IN A FLT OVER 8 HRS AFTER THE COMPANY UPGRADED A PAX INTO THE SEAT NEXT TO THE CREW REST SEAT.

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INADEQUATE CREW REST. THE CREW REST SEAT ON THIS FLT DID NOT PROVIDE ADEQUATE REST DUE TO AN 'UPGRADE' PAX OCCUPYING THE ADJACENT SEAT. THE PAX; ALTHOUGH SOMEWHAT CONSIDERATE; JARRED THE SEATS OFTEN; WAS LOUD WHILE BEING SERVED MEALS; AND DRINKS; AND WAS UP AND DOWN FROM HER SEAT OFTEN; ALL OF WHICH INTERRUPTED THE CREW'S REST. SPECIFICALLY I WAS ABLE TO REST ONLY 5-10 MINS; AND RETURNED TO THE COCKPIT FATIGUED. I MADE NUMEROUS (MINOR) MISTAKES ON APCH INTO JFK. MISTAKES I NORMALLY DO NOT MAKE WHEN RESTED. FORTUNATELY; NONE RESULTED IN ANYTHING SERIOUS. SOLUTION: THE SEAT ADJACENT TO THE CREW REST SEAT SHOULD BE UNOCCUPIED ON ALL OCCASIONS. IF THE FAA AND OTHERS FEEL THE ADJACENT SEAT SHOULD BE UNOCCUPIED FOR 90% OF THE TIME (SEE RECENT POLICY) THEN OBVIOUSLY WE ALL REALIZE A PERSON IN THAT SEAT INTERFERES WITH CREW REST. THEREFORE IT SHOULD BE UNOCCUPIED ALWAYS; NOT JUST 90% OF THE TIME. ZZZ HAS AN ADDITIONAL ONGOING PROB WHICH I HAVE CONFIRMED WITH OTHER CREWS. THEY HAVE NUMEROUS QUESTIONABLE UPGRADES; SOME OF WHICH; I THINK; ARE FOR NO INCREASE IN REVENUE TO ACR. THEY UPGRADE INTO ALL AVAILABLE BUSINESS CLASS SEATS; INCLUDING THE SEAT ADJACENT THE CREW REST SEAT. WHEN I ASKED MR X; (THE LEAD AGENT); HE SIMPLY SAID IT WAS ACR POLICY TO UPGRADE ALL OF THESE PEOPLE. I SUSPECT SOME WERE UNAUTH UPGRADES. IN ANY CASE; THE SEAT ADJACENT THE CREW REST SEAT SHOULD REMAIN UNOCCUPIED TO PROVIDE AN ADEQUATE CREW REST LOCATION AS MANDATED BY THE FAA AND BEFORE SAFETY OF FLT IS COMPROMISED DUE TO FATIGUE.