ACR FLT ATTENDANT REQUESTS CLARIFICATION OF CREW REST REQUIREMENTS.

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THIS IS A REQUEST OF AN INTERP OF 14 CFR 91.13(A) WITH REGARD TO AN ACTUAL SLEEP OPPORTUNITY RECEIVED FOR A FLT ATTENDANT OR A PLT IN ORDER TO STAVE OFF POTENTIAL FATIGUE AND THE POSSIBILITY OF CARELESS OR RECKLESS OP OF ACFT CONTRARY TO 14 CFR 91.13(A). THIS REQUEST IS PROMPTED BY THE FOLLOWING SCENARIO THAT OCCURRED. ALTHOUGH SEVERAL EXAMPLES COULD BE PROVIDED; FOR BREVITY; ONE WILL BE ILLUSTRATED. THE FLT CREW RPTED AT XA00 PM LCL TIME. A CHARTER FLT WAS CONDUCTED FROM ZZZ-ZZZ1-ZZZ2. AFTER FLYING ON THE 'BACK SIDE OF THE CLOCK;' THE CREW ARRIVED AT THEIR RESPECTIVE HOTEL ROOM AT XK34 AM LCL TIME. THE FLT ATTENDANTS DEPARTED THE HOTEL ON A XG00 PM VAN TO THE ARPT. TOTAL TIME SPENT AT THE HOTEL WAS 7 HRS 26 MINS. PROBABLE SLEEP RECEIVED WAS 5.5 HRS; WHICH ASSUMES A 1 HR AWAKE TIME OFF -- PRE AND POST SLEEP. CONCLUDING; AN 8 HR SLEEP OPPORTUNITY WAS NOT ACTUALLY RECEIVED; EVEN THOUGH THE LITERAL LANGUAGE OF THE DUTY AND REST REQUIREMENTS FOR THE FLT ATTENDANTS WERE RECEIVED. CONTRARY TO THE FLT ATTENDANTS REST PERIOD; THE PLT'S REST PERIOD WAS ADEQUATE; WITH A DUTY PERIOD BEGINNING LATER IN THE AFTERNOON AT XW10 PM LCL TIME. QUESTION POSED: IS AN ACR REQUIRED TO COMPLY WITH WRITTEN NOTIFICATION FROM A FLT ATTENDANT OR PLT TO THE ACR OF HIS OR HER DESIRE TO HAVE A MINIMUM OF A 10 HR NON-REDUCIBLE REST PERIOD; THEREBY ALLOWING AN 8 HR SLEEP OPPORTUNITY TO STAVE OFF POTENTIAL FATIGUE AND THE POSSIBILITY OF CARELESS OR RECKLESS OP OF THE ACFT CONTRARY TO 14 CFR 91.13(A)? NOTE: THE 10 HR REST PERIOD ASSUMES IT EXCEEDS THE FAR REST REQUIRED FOR MOST COMMON SCHEDULING SITUATIONS; AS ACR OPERATES MOSTLY DOMESTIC FLTS; AND ONE FLAG RULE RTE UNDER FLT AND DUTY TIME REGS OF: 121.467; 121.471; 121.481; AND 121.505. IN THE EVENT GREATER THAN 10 HRS OR REST WAS REQUIRED BY THE FAR'S; THE MORE RESTRICTIVE APPLICABLE FAR WOULD OBVIOUSLY APPLY. FLT ATTENDANT DOES NOT HAVE ANY LEGAL PROTECTION; WITHOUT ADVERSE EMPLOYMENT ACTION; FOR REQUESTING A NON-REDUCIBLE 10 HR REST PERIOD TO PROVIDE AN 8 HR SLEEP OPPORTUNITY FOR ALL REST PERIODS BECAUSE SUCH PROTECTIONS SHOULD BE CONSIDERED IN THE GENERAL RULE MAKING PROCESS. BUT IT APPEARS THE FAA BELIEVES OTHERWISE. THE FAA HAS A CONCEPT CALLED AERONAUTICAL DECISION MAKING; THE THEORY BEHIND THE PRACTICE; WHICH IS A SYSTEMATIC APPROACH TO THE MENTAL PROCESS USED BY ALL INVOLVED IN AVIATION TO CONSISTENTLY DETERMINE THE BEST COURSE OF ACTION IN RESPONSE TO A GIVEN SET OF CIRCUMSTANCES. PLEASE REVIEW THE FOLLOWING FAA PRODUCED POWERPOINT PRESENTATION. HTTP://WWW.FAA.GOV/ABOUT/OFFICE_ORG/FIELD_OFFICES/FSDO/ORL/LOCAL_MORE/MEDIA/PPT/ADM1.PPT. NOTE THE CAPTION ON SLIDE 23: 'THE EFFECTS OF STRESS AND FATIGUE.' PRESUMABLY; THE FAA EXPECTS ALL PLTS AND FLT ATTENDANTS TO ACT RESPONSIBLY BY PLANNING FOR AND GETTING SUFFICIENT PRE-DUTY SLEEP. A RESTED PLT AND FLT ATTENDANT IS IN THE PUBLIC'S BEST INTEREST. FOR EXAMPLE; A PLT NEEDS A HIGH LEVEL OF ALERTNESS TO RESPOND CORRECTLY TO AN UNEXPECTED ENG FAILURE ON THE TKOF ROLL; AND A FLT ATTENDANT NEEDS A HIGH LEVEL OF ALERTNESS TO PROVIDE THE LEADERSHIP ROLE AS A SAFETY PROFESSIONAL IN THE EVENT OF AN UNEXPECTED EVAC OF PAX. ADDITIONALLY; IF A CREW MEMBER'S PHYSIOLOGICAL MAKEUP NEEDS 8 HRS OF SLEEP A DAY FOR A HIGH LEVEL OF ALERTNESS; BUT OBTAINS LESS THAN 6; IS THE CREW MEMBER LEGAL? OR; DOES A LOW LEVEL OF ALERTNESS PROVIDE AN EQUIVALENT LEVEL OF SAFETY? WITH A COMBINED TOTAL OF APPROX 1500 FLT ATTENDANTS AND PLTS OPERATING ACR PART 121 FLTS; IT SHOULD BE KNOWN THAT AT LEAST SOME INDIVIDUALS FUNCTION AT A FAR LOWER LEVEL OF ALERTNESS AFTER SLEEPING 6 HRS THAN A TYPICAL 8 HR SLEEP PERIOD; EVEN IF THE DUTY PERIOD IS OF SHORT DURATION. CURRENTLY SOME FLT COMBINATIONS ARE SCHEDULED WITH A 9 HR REST PERIOD; THUS REALISTICALLY; AFFORDING A 7 HR SLEEP OPPORTUNITY IF THE FLT IS ON TIME; AND LESS IF THE FLT IS LATE. IF AN ACR IS NOT REQUIRED TO COMPLY WITH A REQUESTED NON-REDUCIBLE 10 HR REST PERIOD; THEN WHAT OBJECTIVE CRITERIA (6 HRS SLEEP? 5 HRS SLEEP? 4 HRS SLEEP?) AND STANDARDS DOES THE FAA UTILIZE IN ISSUING A VIOLATION OF FAR 91.13(A) TO A CERTIFICATE HOLDER FOR A FATIGUED PLT OR FLT ATTENDANT? ADDITIONAL INFO: FROM THE ATTACHED LETTER; WRITTEN BY ASSISTANT CHIEF COUNSEL; REGS DIVISION; DATED APR/MON/05: 'PLEASE NOTE THAT THE DUTY PERIOD LIMITATIONS AND REST REQUIREMENTS FOR FLT ATTENDANTS DO NOT NECESSARILY GUARD AGAINST ALL FORMS OF FATIGUE THAT MAY OCCUR DUE TO ACTIONS OR INACTIONS BY THE FLT ATTENDANT; THE CERTIFICATE HOLDER; OR OTHERS. A COMBINATION OF A CHANGE IN SCHEDULE BY A CERTIFICATE HOLDER AND A FLT ATTENDANT'S SCHEDULE DURING NON-DUTY TIME MAY COMBINE TO CREATE A FATIGUED FLT ATTENDANT. THOUGH SUCH FATIGUE CAUSING CIRCUMSTANCES MAY COMPLY WITH THE LITERAL LANGUAGE OF THE DUTY AND REST REQUIREMENTS FOR FLT ATTENDANTS; SUCH FATIGUE MUST BE CONSIDERED IN DETERMINING WHETHER A CERTIFICATE HOLDER'S OP IS CARELESS AND RECKLESS CONTRARY TO 14 CFR 91.13(A).'