FAA's New Certification Policy: A Major Shift in Aircraft Safety Following Boeing 737 MAX Crashes

On Tuesday, the Federal Aviation Administration (FAA) announced a new policy for aircraft certification. This policy categorizes significant flight control design changes as "major," similar to the system implicated in the fatal Boeing 737 MAX crashes in 2018 and 2019. In response to these accidents, which resulted in 346 deaths, Congress enacted comprehensive legislation in late 2020 to overhaul the FAA's airplane certification process. This includes mandating manufacturers to disclose safety-critical information to the FAA, particularly about systems that alter flight controls without direct pilot intervention.

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The FAA also released additional guidance for airplane manufacturers on identifying safety-critical information. Both these measures aim to enhance the safety of aircraft certification. Boeing had previously not disclosed crucial details about a safety system called MCAS to the FAA. This system, linked to both fatal crashes, was designed to counteract the MAX's propensity to pitch up. Neither Boeing nor Airbus, the aircraft manufacturer, have commented on this matter.

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A report from the U.S. House of Representatives criticized Boeing for not classifying MCAS as a safety-critical system, which would have warranted more rigorous FAA oversight during the certification process. It also blamed the FAA for its inadequate supervision of Boeing and the aircraft's certification. The crashes have cost Boeing over $20 billion in compensation, production costs, and fines, and resulted in a 20-month grounding of their best-selling plane.

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The FAA is currently deliberating on the certification of two more MAX variants - the smaller MAX 7 and the larger MAX 10. In July, the FAA announced plans to set milestones during certification to evaluate if any design changes to airplane systems are novel or unusual, warranting extra scrutiny. Last year, the FAA granted Boeing a shorter extension for regulatory compliance than requested to ensure the company implements the necessary improvements.

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