beerdrinker
I think that the issue between the crew and the FAA is that it is the responsibility of the crew to demonstrate compliance with the specific reg
This may be a simple as answering to the satisfaction of the FAA a few questions about reasoning.
If they were to not answer these questions to the satisfaction of the FAA then they and their employer's published procedures may be found in non-compliance.
I have been saying since day one that it is not for us as mere mortals to judge the issue of compliance.