Petition for Rulemaking

1. Your name and mailing address. You may include other contact information such as

a fax number, telephone number, or email address

John Maloney

Director of Operations

Florida West International Airways, Inc.

P.O. Box 025752

Miami, Florida 33102‐5752

(305) 341‐9000 ‐ extension 233

(305) 503‐3778 – direct line

(786) 877‐1408 ‐ cellular

jmaloney@fwia.com

2. An explanation of your proposed action and its purpose

We are proposing that the language in FAR 121.689(a)(6) “Minimum fuel

supply (in gallons or pounds)” be changed to “Minimum fuel supply.”  The

purpose of this action is to align the requirements of 121.689(a)(6) with

121.687(a)(5) and allow supplemental carriers to list the minimum fuel supply

on the flight release in a unit of measurement that is consistent with their

aircraft fuel system and their weight and balance system.  For example, a

supplemental carrier operating an airplane with a fuel and weight and balance

system that uses kilograms as the unit of measurement should be allowed to

present the minimum fuel supply on its flight release in kilograms.   

3. The proposed language for the new rule, or the citation (such as135.143(c)(2)) and

proposed language for a rule you would like to amend, or the citation and language

you would like to remove from a current rule

We are proposing that the language in FAR 121.689(a)(6) be changed from

“Minimum fuel supply (in gallons or pounds)” to “Minimum fuel supply.”   

4. An explanation of why your proposed action would be in the public interest

Per 49 USC it is “the duty of an air carrier to provide service with the highest

possible degree of safety in the public interest.”  Requiring fuel information in

pounds when the aircraft fuel system, weight and balance system and all

fueling operations are done in kilograms introduces erroneous information
onto the flight release.  This creates the risk of an aircraft taking off with the

incorrect fuel load.  Eliminating the possibility of an airplane having an

incorrect fuel load by allowing the carrier to list the minimum fuel supply on

the flight release in a unit of measurement that is consistent with the fuel

system in the airplane removes that risk and enhances safety.  Enhancing

safety is always in the public interest.

5. Reasons why the exemption would not adversely affect safety, or how the

exemption would provide a level of safety at least equal to the existing rule

As stated above, allowing Supplemental carriers to state the minimum fuel

supply on the flight release in the unit of measurement consistent with the

aircraft fuel gauges and weight and balance system will enhance safety.   

6. Information and arguments that support your proposed action, including relevant

technical and scientific data available to you.

Both Flag and Domestic carriers are required to list the “Minimum fuel supply”

on their dispatch release per 121.687(a)(5).  There is no requirement for Flag or

Domestic carriers to list the minimum fuel supply in gallons or pounds.  Thus a

Flag or Domestic carrier that operates airplanes with fuel systems and weight

and balance systems that are calibrated in kilograms can put the minimum fuel

supply on their dispatch release in kilograms.  Thus the minimum fuel supply

data on the dispatch release is consistent with the data on the weight and

balance and the actual fuel load on the airplane.  This avoids any confusion as

to what units are being used to measure the minimum fuel supply.   

A supplemental operator that operates airplanes with fuel systems and weight

and balance systems that are calibrated in kilograms must put the minimum

fuel supply on their flight release in gallons or pounds.  Thus the minimum fuel

supply data on the flight release is not consistent with the data on the weight

and balance or the actual fuel load on the airplane.  This could cause confusion,

result in the incorrect fuel load being boarded on the airplane and increases

the risk that a fueling error could occur.  By allowing a Supplemental carrier to

list the minimum fuel supply in the unit of measure that is consistent with the

fuel and weight and balance system in use, the risk of a fueling error is reduced

and thus safety is enhanced.   Simply put, a regulatory requirement to put a

fuel supply figure in a unit of measurement not used to operate the airplane is

a precursor to a mistake.
7. Any specific facts or circumstances that support or demonstrate the need for the

action you propose.

See item 6 above.  In addition, common sense dictates that it is not a good

practice to put the minimum fuel supply figure on a flight release in two

different units of measurement as it will cause confusion as to which figure to

use.    

In the process of considering your petition, we may ask that you provide information or

data available to you about:

1. The costs and benefits of your proposed action to society in general and specific

groups within society.

The change in rulemaking we propose will have zero costs.  The benefits will be

an increased level of safety for the all groups within the general public.  In

addition, the end users of the data (pilots and flight followers) will benefit due

to the fact that data that could be used erroneously during the course of flight

operations will be removed from a required document.

2. The regulatory burden of your proposed action on small businesses, small

organizations, small governmental jurisdictions, and Indian tribes.

There would be no regulatory burden for small businesses, small organizations,

small governmental jurisdictions or Indian tribes.  In addition, no supplemental

carrier would be forced to change the way they report minimum fuel supply on

their flight release.  However, supplemental carriers that desire to list

minimum fuel supply on their flight release in kilograms would be given the

regulatory ability to enhance the safety of their operation and thus comply

with their duty to “provide service with the highest possible degree of safety in

the public interest” as required by 49USC.

3. The recordkeeping and reporting burdens of your proposed action and whom the

burdens would affect.

There are no recordkeeping or reporting burdens associated with our proposed

action.
4. The effect of your proposed action on the quality of the natural and social

environments.

There are no effects on the quality of the natural and social environment

associated with our proposed action.