Narrative:

On may/xa/00, I was the captain of XXX flight X (den-sat). We had deadheaded in on the same flight and airplane from sjc. At den gate, all of the through passenger deplaned, except for 1 lady who did not speak english. Myself and 1 of the flight attendants asked her in her language if she would like to stretch her legs and she said yes. I walked with her out to the boarding area. I saw the 'a' flight attendant #1, and briefed her on the flight. I asked her if customer service was going to take tickets outside, and at first she said that they were. A little later, said that customer service wanted a flight attendant out front to take tickets, because it was a 'through flight.' she told me that there were 3 working flight attendants. I tried to explain to her that I wanted the full far 121.391 flight attendant complement on board (3) for boarding and tried to explain the history and inconsistencies of the 'through flight' issue, but she didn't seem to comprehend. I then went to operations to flight plan, because they had not provided me with my paperwork in sjc. When I returned, boarding was in progress with a flight attendant taking tickets in the terminal. I told an in-flight supervisor (ms X) that this was illegal because it was less than the 121.391 complement and no through passenger remained on board. (Far 121.393 applies to crew member requirements where passenger remain on board.) she replied that that didn't matter, because the flight number didn't change, and that was the sole criteria. I replied that this was incorrect. Ms in-flight service then spent several mins talking privately with ms flight attendant #1, presumably to get her on her side. (I received no further cooperation from the flight attendants.) both the customer service person and my second observer confirmed that no through passenger had remained on board. This appears to be a violation of both far 121.391 and 121.393. Crew member requirements at stops where passenger remain on board: 121.393 (III) -- the number of flight attendants on board is at least half the number required by section 121.391(a), rounded down to the next lower number in the case of fractions, but never fewer than 1.

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Original NASA ASRS Text

Title: PLT RPT, B727, DEN-SAT. CONFUSION BTWN COMPANY AND FLCS ON INTERP OF FAR 121 PT 391(A) AND FAR 121 PT 393. COMPLAINT THAT COMPANY IS WRONG.

Narrative: ON MAY/XA/00, I WAS THE CAPT OF XXX FLT X (DEN-SAT). WE HAD DEADHEADED IN ON THE SAME FLT AND AIRPLANE FROM SJC. AT DEN GATE, ALL OF THE THROUGH PAX DEPLANED, EXCEPT FOR 1 LADY WHO DID NOT SPEAK ENGLISH. MYSELF AND 1 OF THE FLT ATTENDANTS ASKED HER IN HER LANGUAGE IF SHE WOULD LIKE TO STRETCH HER LEGS AND SHE SAID YES. I WALKED WITH HER OUT TO THE BOARDING AREA. I SAW THE 'A' FLT ATTENDANT #1, AND BRIEFED HER ON THE FLT. I ASKED HER IF CUSTOMER SVC WAS GOING TO TAKE TICKETS OUTSIDE, AND AT FIRST SHE SAID THAT THEY WERE. A LITTLE LATER, SAID THAT CUSTOMER SVC WANTED A FLT ATTENDANT OUT FRONT TO TAKE TICKETS, BECAUSE IT WAS A 'THROUGH FLT.' SHE TOLD ME THAT THERE WERE 3 WORKING FLT ATTENDANTS. I TRIED TO EXPLAIN TO HER THAT I WANTED THE FULL FAR 121.391 FLT ATTENDANT COMPLEMENT ON BOARD (3) FOR BOARDING AND TRIED TO EXPLAIN THE HISTORY AND INCONSISTENCIES OF THE 'THROUGH FLT' ISSUE, BUT SHE DIDN'T SEEM TO COMPREHEND. I THEN WENT TO OPS TO FLT PLAN, BECAUSE THEY HAD NOT PROVIDED ME WITH MY PAPERWORK IN SJC. WHEN I RETURNED, BOARDING WAS IN PROGRESS WITH A FLT ATTENDANT TAKING TICKETS IN THE TERMINAL. I TOLD AN INFLT SUPVR (MS X) THAT THIS WAS ILLEGAL BECAUSE IT WAS LESS THAN THE 121.391 COMPLEMENT AND NO THROUGH PAX REMAINED ON BOARD. (FAR 121.393 APPLIES TO CREW MEMBER REQUIREMENTS WHERE PAX REMAIN ON BOARD.) SHE REPLIED THAT THAT DIDN'T MATTER, BECAUSE THE FLT NUMBER DIDN'T CHANGE, AND THAT WAS THE SOLE CRITERIA. I REPLIED THAT THIS WAS INCORRECT. MS INFLT SVC THEN SPENT SEVERAL MINS TALKING PRIVATELY WITH MS FLT ATTENDANT #1, PRESUMABLY TO GET HER ON HER SIDE. (I RECEIVED NO FURTHER COOPERATION FROM THE FLT ATTENDANTS.) BOTH THE CUSTOMER SVC PERSON AND MY SECOND OBSERVER CONFIRMED THAT NO THROUGH PAX HAD REMAINED ON BOARD. THIS APPEARS TO BE A VIOLATION OF BOTH FAR 121.391 AND 121.393. CREW MEMBER REQUIREMENTS AT STOPS WHERE PAX REMAIN ON BOARD: 121.393 (III) -- THE NUMBER OF FLT ATTENDANTS ON BOARD IS AT LEAST HALF THE NUMBER REQUIRED BY SECTION 121.391(A), ROUNDED DOWN TO THE NEXT LOWER NUMBER IN THE CASE OF FRACTIONS, BUT NEVER FEWER THAN 1.

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.