FAA Proposed Rulemaking on Flightcrew and Flight Attendant Duty and Rest Periods – Public Comment Deadline

The Federal Aviation Administration (FAA) has issued a Notice of Proposed Rulemaking (NPRM) to explicitly preempt state and local meal and rest break requirements for flightcrew members and flight attendants. The agency argues that these state-level mandates interfere with federal safety regulations and are preempted by the Airline Deregulation Act of 1978 (ADA) due to their impact on air carrier prices, routes, and services. The proposal seeks to amend existing regulations to ensure that federal standards governing duty and rest periods remain the sole authority for the airline industry. The FAA contends that a uniform federal standard is necessary to maintain safety, particularly regarding emergency evacuation procedures and the management of onboard incidents, which require flight attendants to be available at all times. This action follows a history of litigation regarding the applicability of state labor laws to the aviation industry, including cases such as Bernstein v. Virgin America, Inc. The FAA is accepting public comments on the proposed rule until September 4, 2026, via the federal eRulemaking portal or by mail to the Department of Transportation.