Washington DC, March 21, 2025 - Boeing and the Federal Aviation Administration (FAA) continue to navigate a complex process surrounding exemption requests for the certification of the Boeing 737 MAX 7 and 737 MAX 10 aircraft. These two variants of the 737 MAX family, which remain uncertified by the FAA, have faced significant hurdles in meeting regulatory standards, prompting Boeing to seek exemptions from certain safety provisions. This ongoing saga reflects both the technical challenges of modern aircraft certification and the heightened scrutiny Boeing has faced in recent years following safety incidents involving the 737 MAX series.
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The exemption requests in question stem from specific technical issues identified during the certification process. One notable request, detailed in early 2025 reports, involves the Stall Management Yaw Damper (SMYD) system on both the 737 MAX 7 and MAX 10. Historically certified to a "Level B" standard under Radio Technical Commission for Aeronautics (RTCA) guidance, the SMYD system was reassessed during the MAX 7 certification process. An updated analysis by Boeing and the FAA determined that the system should meet the more stringent "Level A" standard, which it currently does not satisfy. Boeing has argued that granting an exemption would allow for faster certification and delivery of these aircraft to customers while maintaining that the existing system still provides adequate safety margins. The FAA, tasked with ensuring public safety, published Boeing’s exemption request on January 21, 2025, signaling an ongoing review to balance these competing priorities.
This is not the first time Boeing has sought exemptions for the 737 MAX 7 and MAX 10. In November 2023, the company requested relief from eight Code of Federal Regulations (CFR) provisions related to the engine nacelle inlet structure and engine anti-ice (EAI) system, proposing a temporary exemption until May 31, 2026. However, Boeing withdrew a similar safety exemption request in January 2024 after facing backlash following a high-profile incident involving a 737 MAX 9, where a door plug component detached mid-flight. That event, coupled with the fatal 737 MAX 8 crashes in 2018 and 2019, has intensified FAA oversight and public skepticism, complicating Boeing’s efforts to expedite certification through exemptions. The stakes are high for Boeing, as delays in certifying the MAX 7 and MAX 10 have frustrated airline customers like Southwest and Alaska Airlines, which rely on these aircraft to modernize their fleets. The MAX 7, the smallest variant, and the MAX 10, the largest, are critical to Boeing’s competition with Airbus, particularly the A220 and A321neo models. Production bottlenecks, compounded by a 53-day machinists’ strike ending in November 2024, have further strained Boeing’s timeline. The FAA capped 737 MAX production at 38 planes per month in January 2024, a restriction that remains in place as the agency demands robust safety and quality improvements—a process FAA Administrator Mike Whitaker has suggested could take years.
Meanwhile, additional challenges have emerged, including an FAA review of the CFM LEAP-1B engines powering the MAX series after bird strike incidents in 2023 raised concerns about smoke infiltration into the cabin. This issue, still under investigation as of late 2024, could necessitate procedural changes or a permanent fix, potentially delaying certification further. Boeing has emphasized collaboration with the FAA, CFM, and the European Union Aviation Safety Agency to address these concerns, underscoring its commitment to safety amid regulatory pressure. The FAA’s approach under Whitaker has been markedly hands-on, with increased inspector presence at Boeing facilities and a commitment to “continuous review” of oversight models. While Boeing asserts that exemptions would accelerate delivery without compromising safety, the FAA must weigh these claims against its mandate to protect the flying public. As of now, no final decision has been announced on the SMYD exemption, and the certification timeline for the MAX 7 and MAX 10 remains uncertain, leaving Boeing, its customers, and regulators in a prolonged state of negotiation and evaluation.