B737-800
Flight Crew Air Transport Pilot (ATP); Flight Crew Instrument; Flight Crew Multiengine
Flight Crew Total 25000
Confusion; Situational Awareness
Deviation / Discrepancy - Procedural FAR; Deviation / Discrepancy - Procedural Published Material / Policy
General Flight Cancelled / Delayed
Company Policy; Procedure
I was the Captain on the flight operating [from ZZZ.] ZZZ had just experienced thunderstorms and when we taxied out for departure we saw that the ground delay for takeoff was going to be extensive. We were in a large line creeping along towards the departure runway. When we approached the 90 minute point from our out time I asked the flight attendants if they could walk through the aisle with water and pass out the delay snack without using the serving carts. We were moving ever so slowly and I felt it was safe for them to perform this duty. As stated in the Company Manual the DOT Tarmac Delay regulations states that passengers must be provided food and water no later than two hours after actual gate departure. Because we were at the 90 minute point and I had no firm idea if we would be airborne by the two hour point; I asked the flight attendants to perform this service. The DOT Tarmac Delay regulations is very clear that Non-compliance may result in fines to the airline of up to $27;500 per passenger. We need more guidance on how to handle this situation. Do we violate the two hour rule to provide food and water if we are inching along on a taxiway? Do we ask ATC for a place to park to provide food and water so we don't exceed the two hour requirement but risk losing our takeoff time and now may have to return to the gate?
B737 Captain reported concerns over complying with DOT Tarmac Delay regulations and Company Manuals.