FAA Proposes Rule Clarifying That Duty-and-Rest Requirements Preempt State Meal/Rest Break Laws for Flight Crews

On July 6, 2026, the Federal Aviation Administration (FAA) published a proposed rule in the Federal Register aimed at clarifying federal preemption in the context of flight-crew and flight-attendant duty and rest requirements.

FAA says “recent litigation” has created confusion about the preemptive effect of its existing duty-and-rest regulations. Under the proposal, FAA would add new language to its regulations so that—per FAA’s view—state and local meal and rest break requirements are preempted for flightcrew members and flight attendants while they are on duty.

What FAA published

The notice is a proposed rule titled “Ensuring Passenger Safety by Preempting Duty and Rest Requirements” (Docket No. FAA-2026-6739, RIN 2120-AM27). The Federal Register publication date is July 6, 2026 (91 FR 40902; document 2026-13546), and the comment deadline is September 4, 2026.

What FAA would change in federal regulations

FAA proposes regulatory language changes in:

• 14 CFR § 117.31 (flight-crew member duty and rest provisions), and
• 14 CFR § 121.468 (flight-attendant duty and rest provisions).

FAA’s proposal includes language reiterating that FAA’s duty-and-rest regulations preempt state and local laws covering the same subject matter—including meal and rest breaks.

FAA’s reasoning: safety duties during the duty period

FAA argues that flight attendants and flight crews have critical safety responsibilities that must be covered throughout the “duty period.” In FAA’s view, state rules that treat certain break times as fully removing a crew member from safety responsibilities can conflict with the federal framework FAA uses to manage safety and fatigue.

Where the “preemption” argument also points

In addition to field and conflict preemption arguments described in the proposal, FAA also states its view that state meal and rest break requirements are preempted under the Airline Deregulation Act of 1978 (ADA) because such requirements could significantly impact air-carrier prices, routes, and services.

Who is affected—and what to watch next

If finalized, the rule would be intended to guide how airlines (and courts) treat the interaction between federal duty-and-rest rules and state/local meal/rest break laws for flight crews and flight attendants. The practical effect would show up in how scheduling and compliance obligations are handled, and how future litigation over break requirements is argued.

Next: FAA will review public comments submitted by September 4, 2026. After comments, FAA could issue a final rule, and parties could still challenge FAA’s approach in court.

Sources

• Federal Register (FAA NPRM): Ensuring Passenger Safety by Preempting Duty and Rest Requirements (FR Doc. 2026-13546; published 07/06/2026; 91 FR 40902)
• Federal Register NPRM PDF (FAA-2026-6739; 2026-13546): full proposed rule text and proposed CFR language
• FAA: Regulations & Policies (background on FAA rulemaking/document systems)
• Bernstein v. Virgin America, Inc. (9th Cir. 2021) — court opinion on meal/rest-break dispute context