Aviation Coalition Urges FAA to Preempt State Crew Rest

A coalition of six major aviation associations has formally urged the Federal Aviation Administration to assert that federal flightcrew duty and rest regulations preempt all state and local laws. The comments respond to an FAA proposal specifically aimed at establishing federal preemption for airline flightcrews and flight attendants under Part 121 operations.

The coalition wants the final rule to cover a broader range of operators beyond just Part 121. The groups argue that uniform national standards are essential for flight and duty time, rest, and related requirements.

The Case for Federal Preemption

The aviation organizations contend that allowing states and localities to impose separate requirements creates conflicting obligations for operators and crews that cross state lines. They warn of potential operational consequences, including increased compliance costs and a higher risk of litigation. State-specific rules, they say, could hamper an operator's ability to manage crews effectively and respond to operational disruptions or emergencies.

The coalition includes the National Business Aviation Association (NBAA), Aircraft Owners and Pilots Association (AOPA), Experimental Aircraft Association (EAA), General Aviation Manufacturers Association (GAMA), National Air Transportation Association (NATA), and Vertical Aviation International (VAI).

Opposition from State Attorneys General

The coalition's position faces opposition from a group of state attorneys general. Officials from 17 states and the District of Columbia filed separate comments urging the FAA not to preempt state meal and rest laws. They argue these laws are primarily workplace protections, not aviation safety regulations, and should therefore remain under state authority.

The states cited a 2021 Ninth Circuit Court of Appeals decision involving Virgin America. In that case, the court found federal aviation law did not preempt California's meal and rest break requirements for flight attendants. The attorneys general argued the FAA's proposed rule cannot be used to circumvent that judicial ruling.

Clashing Views on Regulatory Complexity

The states also rejected the FAA's argument that state requirements would create an unworkable regulatory patchwork. They stated that the laws in question generally establish straightforward requirements. The coalition of aviation groups, however, maintains that even straightforward rules differ from state to state, creating complexity for national operations.

The core dispute centers on whether crew rest is a matter of aviation safety requiring federal uniformity or a labor issue subject to state workplace laws. The FAA's final rule will determine which level of government sets the standards for pilot and flight attendant duty periods across the United States.