The Boeing 737 MAX, the aircraft involved in two deadly crashes in the past five months, is battling public scrutiny from lawmakers as a number of federal investigations kick off to examine how the aircraft were certified.
“We plan to dig deep into the issues surrounding the recent accidents over the coming weeks and months,” House Transportation and Infrastructure Committee Chairman Peter DeFazio, D-Ore., said in prepared remarks during a hearing on infrastructure investment in U.S. airports late last month. “Tragedies like these should not happen.”
“I expect that our work will shed light on any deficiencies in the certification of aircraft in the United States, and we will ensure all lessons are applied and effect changes to improve the safety of our nation’s air transportation system, and hopefully, other nations’ as well,” DeFazio said during the hearing.
Countries all around the world have grounded the Boeing 737 MAX aircraft, after Ethiopian Airlines Flight 302 crashed in March, killing 157 people. In October, Lion Air Flight 610 in Indonesia crashed and killed 189. Both flights employed Boeing’s new 737 MAX aircraft. Some pilots raised concerns during training that the nose of the aircraft dipped during takeoff.
The U.S. refrained from grounding the planes until after regulators from the European Union, China, and Canada had already grounded the aircraft, prompting backlash from lawmakers including Sen. Richard Blumenthal, D-Conn., who said he was “deeply disappointed” in the delay. The U.S. held off until after data transmitted to satellites from the Ethiopian Airlines flight showed similarities to problems involved in the October incident.
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Now lawmakers want answers. In particular, lawmakers pressed administration officials in March on the safety certification process of the aircraft, which was approved in March 2017, and whether pilots received proper training on new software that was installed by Boeing. Additionally, lawmakers focused on the FAA’s Organization Designation Authorization program, which grants manufacturers the ability to inspect, regulate, and self-certify whether an airplane is safe.
“Not only have the recent crashes shaken the confidence of the public, but the questions that have been raised in the aftermath about oversight of aircraft manufacturers, the certification process for planes, and the close relationship between industry and regulator threatens to erode trust in the entire system,” Sen. Ted Cruz, R-Texas, said in prepared remarks during a public hearing late last month.
According to FAA Acting Administrator Dan Elwell, the FAA has “very strict oversight” on the Organization Designation Authorization program and argued that approximately 10,000 more FAA employees would be needed if the FAA were to take over the entire process.
He also stood by the FAA’s process for examining and approving alterations to plane designs and said the FAA is “directly involved” in the testing and certification process of new features. The Boeing 737 MAX is the most updated model of a plane Boeing has flown since the 1960s. As a result, Elwell said the FAA’s process for approving modifications is “extensive, well established, and [has] consistently produced safe aircraft designs for decades.”
Moving forward, Department of Transportation Inspector General Calvin Scovel said that the FAA plans to overhaul the Organization Designation Authorization. According to Scovel’s prepared remarks, the “FAA plans to introduce a new process that represents a significant change in its oversight approach” by July.
“While revamping FAA’s oversight process will be an important step, continued management attention will be key to ensure the agency identifies and monitors the highest-risk areas of aircraft certification,” Scovel said.
Despite these assurances, Blumenthal said he was not impressed with the FAA’s certification process and plans to take action.
“If anything, my confidence in the FAA certification process is near zero right now because of the delegation, the outsourcing,” Blumenthal told reporters after the hearing.
As a result, Blumenthal said he will introduce a measure that “reforms the system of delegating safety responsibility and requires that critical features for safety be installed without any extra charge.”
A series of investigations into the incident have already been launched. For example, the DOT unveiled the creation of an expert special committee to examine FAA procedures to certify new aircraft like the Boeing 737 MAX. Retired Air Force Gen. Darren McDew and former President of the Air Line Pilots Association Lee Moak will serve as the interim co-chairmen of the committee while other members are appointed.
“Safety is the No. 1 priority of the department, and this review by leading outside experts will help determine if improvements can be made to the FAA aircraft certification process,” DOT Secretary Elaine Chao said in a statement announcing the panel.
The Department of Transportation IG announced late last month an audit to “determine and evaluate FAA’s overall process for certifying the Boeing 737 MAX series of aircraft” and “identify and undertake future areas of work related to FAA’s actions in response to the crashes as needed.”
House Democrats are also urging the FAA to conduct an independent, third-party review of aircraft and flight standards certification processes. They requested that those involved in the investigation be “individuals with the technical skills and expertise to objectively advise any measures being considered requiring the safety certification of new and novel technology.”
“As the investigations proceed, it is important that there be a clear understanding of the cause or causes of the two accidents involving the 737 MAX and that the public is confident that all identified problems will be completely resolved,” DeFazio and Rep. Rick Larsen, D-Wash., wrote in a letter to Elwell last month.
Meanwhile, Boeing has said it is complying with multiple probes examining the crashes and is working with the FAA, the DOT, and the National Transportation Safety Board on “all issues” concerning the accidents.
It’s uncertain how long the Boeing 737 MAX aircraft will be out of commission, but Elwell said the aircraft wouldn’t be used by U.S. carriers until the FAA determines it’s safe to do so.
“In our quest for continuous safety improvement, the FAA welcomes external review of our systems, processes, and recommendations,” Elwell said in his prepared remarks last week.
“I want to assure you and everyone else that the FAA will go wherever the facts lead us, in our pursuit of safety,” Elwell said. “The 737 MAX will return to service for U.S. carriers only when the FAA’s analysis of the facts and technical data indicate that is is appropriate to do so.”
