Narrative:

Air carrier flight reported off lga with less than the dispatchers release fuel. This takeoff wasn't in accordance with the FARS but was in concurrence with the companies flight operations policy manual. This conflict has been reported to the company. Company policy indicates that all flts should have taxi fuel over and above the release fuel on board at block out. If release fuel is on board, but taxi fuel is not, a flight may depart the gate provided the captain can ensure that adequate fuel is on board. Far 121.687 indicates that the dispatch release must contain the min fuel supply. Far 121.663 indicates that the PIC (captain in this case) and the aircraft dispatcher shall sign the release only if they both believe the flight can be made safely. On this particular flight the ATC hold fuel was enough to compensate for the additional taxi fuel. The problem, I feel, is in the company language in the policy manual. The flight operations policy manual, which the FAA requires, is not consistent with the joint responsibility concept of the FARS when it comes to brake release fuel requirements.

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Original NASA ASRS Text

Title: DISPATCHER RPT INDICATES THAT 1 OF HIS DISPATCHED FLTS LEFT THE GATE WITHOUT REQUIRED TAXI FUEL AND, AS A RESULT, HAD LESS THAN DISPATCH REQUIRED FUEL ON BOARD AT TKOF.

Narrative: ACR FLT RPTED OFF LGA WITH LESS THAN THE DISPATCHERS RELEASE FUEL. THIS TKOF WASN'T IN ACCORDANCE WITH THE FARS BUT WAS IN CONCURRENCE WITH THE COMPANIES FLT OPS POLICY MANUAL. THIS CONFLICT HAS BEEN RPTED TO THE COMPANY. COMPANY POLICY INDICATES THAT ALL FLTS SHOULD HAVE TAXI FUEL OVER AND ABOVE THE RELEASE FUEL ON BOARD AT BLOCK OUT. IF RELEASE FUEL IS ON BOARD, BUT TAXI FUEL IS NOT, A FLT MAY DEPART THE GATE PROVIDED THE CAPT CAN ENSURE THAT ADEQUATE FUEL IS ON BOARD. FAR 121.687 INDICATES THAT THE DISPATCH RELEASE MUST CONTAIN THE MIN FUEL SUPPLY. FAR 121.663 INDICATES THAT THE PIC (CAPT IN THIS CASE) AND THE ACFT DISPATCHER SHALL SIGN THE RELEASE ONLY IF THEY BOTH BELIEVE THE FLT CAN BE MADE SAFELY. ON THIS PARTICULAR FLT THE ATC HOLD FUEL WAS ENOUGH TO COMPENSATE FOR THE ADDITIONAL TAXI FUEL. THE PROBLEM, I FEEL, IS IN THE COMPANY LANGUAGE IN THE POLICY MANUAL. THE FLT OPS POLICY MANUAL, WHICH THE FAA REQUIRES, IS NOT CONSISTENT WITH THE JOINT RESPONSIBILITY CONCEPT OF THE FARS WHEN IT COMES TO BRAKE RELEASE FUEL REQUIREMENTS.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.