Jan. 5 (Bloomberg) -- Continental Airlines Inc. and AMR Corp.’s American Airlines joined five U.S. carriers in a lawsuit seeking to reverse government rules intended to minimize crew fatigue during the longest flights abroad.

The Federal Aviation Administration acted arbitrarily last year with regulations for flights, including American’s route between Chicago and Delhi, and Continental trips connecting Newark, New Jersey, with Hong Kong and Mumbai, according to the suit filed in a federal appeals court in Washington.

The dispute centers on how the FAA sets rules ensuring that crews get enough rest on flights abroad that run longer than 16 hours. Delta Air Lines Inc., which is not part of the lawsuit, got approval in 2006 to fly between New York and Mumbai with four pilots, 11 attendants and planned rest periods, an arrangement the FAA called “a model” for such requirements.

“Because the agency bypassed the rulemaking process, it has deprived stakeholders with expertise on the underlying safety issues the opportunity to participate in a public comment process,” the carriers said in the Dec. 24 complaint. The order was “legally defective” and “not produced in a way that is reasonably calculated to promote safety,” they said.

The carriers in the lawsuit argue that the FAA imposed requirements without giving the airlines a chance to make their case for other possible options.

‘Latest Science’

“It makes sense for airlines to use the latest science” to cut the risk of crew fatigue, said Alison Duquette, an FAA spokeswoman. She said she can’t comment on the lawsuit. Duquette called Delta’s experience with its requirement “a model.”

Continental is letting the lawsuit “speak for itself,” company spokeswoman Julie King said in an e-mail.

Tim Smith, a spokesman for Fort Worth, Texas-based American, said in a statement that “the FAA should follow the accepted and required process of providing public notice and inviting comment.” He added, “The safest rules come from that process.”

American pilots said they support the FAA action.

“The rules the FAA is trying to implement are based on science,” said Sam Mayer, spokesman for the Allied Pilots Association. American “may have a point procedurally, but it’s very frustrating to the pilots at the controls.”

Jay Pierce, who leads the Continental unit of the Air Line Pilots Association, said in a statement the carrier and crew members have already begun the process of evaluating long flights. “The FAA specification provides for science-based fatigue modeling,” he said.

Joining the litigation were UAL Corp.’s United Airlines, US Airways Group Inc., Atlas Air Worldwide Holdings Inc., Evergreen International Airlines Inc. and JetBlue Airways Corp.

The case is American Airlines Inc. v. Federal Aviation Administration, 08-1397, U.S. Court of Appeals, District of Columbia Circuit (Washington).

To contact the reporter responsible for this story: Cary O’Reilly in Washington at caryoreilly@bloomberg.net; John Hughes in Washington at jhughes5@bloomberg.net

Last Updated: January 5, 2009 16:08 EST