It would be “reckless” to “lower the safety of the flying public” and would lead to “ever increasing air disaster”
-Aviation unions in response to FAA giving airplane manufacturers more freedom in determining their planes' safety
In the 1980s, almost 70-75% of regulatory work on airplanes were done by the FAA. However, by 1993, 95% of the certification work for the Boeing 747-400 jetliner was delegated to Boeing. This transfer of power from the FAA to can be boiled down to three reasons:
Lack of resources/ personnel to respond to growing aviation industry
Lack of significant expertise especially in regards to software issues
Lack of money
Boeing is a huge contractor with the US government (23 billion dollars in 2017) and spends millions in lobbying and campaign donations. They are allowed to use government money to lobby for more government money due to a loophole called "separate segregated funds." Due to their influence, federal law has rendered the FAA unable to ensure the safety of aircraft.
1980s "designee system" - Boeing proposed employees to certify, FAA approved
Boeing 777 testing controlled entirely by Boeing
FAA supported decision to hide full lists of tests performed
2005 allowed Boeing to appoint their own designees
Organization Designation Authorization: oversight transferred to "in-house bodies" in Boeing
Former airline lobbyist who worked on Trump’s secret deregulation task force
Examples: rolling back fees for mishandled luggage, privatizing management of St. Louis Lambert Airport
Designated a “special-government employee” - basically skirted ethics rules
Even when he worked at FAA, he continued his practice of private consulting with airline companies
Previously an FAA manager overseeing Boeing certification process
Known as a big advocate for FAA’s delegated certification approach
“Based on our risk assessment, we felt we had sufficient time to be able to do the modification, and get the final fix"
Claimed that FAA didn’t have enough data to justify grounding 737 MAX after first crash
Created DOT’s new Safety Oversight and Certification Advisory Committee (SOCAC)
Conflict of Interest - married to Mitch McConnell (Boeing PAC donated $250k to Mitch McConnell's Senate Leadership Fund)
There were 2 versions of MCAS. The first version would only engage in rare situations at high speed and gave pilots a 3 second reaction time. It relied on two types of sensors, G-force and AOA sensors, as well as only moved the horizontal stabilizer 0.6 degrees in 20 seconds. The FAA's internal review gave it a hazardous rating and required it to have 2 levels of redundancy, but justified not telling pilots about the system.
However, a new version of MCAS was pushed without FAA approval. It engaged more frequently at low-speed situations while also quadrupling its effect (2.5 degrees almost immediately). It had 3 requirements to trigger: flaps up, autopilot off, and one AOA sensor showing stall.
"The change to MCAS didn’t trigger an additional safety assessment because it did not affect the most critical phase of flight, considered to be higher cruise speeds. "
Mark was the primary liaison with the FAA, having worked there for a long time. He didn't fully understand the software and was pressured by company management to approve everything quickly.
FAA did not ground the plane upon the first crash because it viewed the error as a runaway trim issue. Boeing released a statement about MCAS and how to deal with it. After the second crash, the FAA only grounded all 737 Max planes after most foreign agencies grounded it. It then released a statement drawing the similarities of the Lion Air and Ethiopian crashes, as well as its plan to investigate Boeing.
FAA made the conscious decision to leave MCAS out of the pilot's manual
The channeling went through Forkner who had a prior relationship with the FAA
This was in large part due to the fact that many were not aware of what the revamped MCAS actually did
The whole process is evidence of significant miscommunication in the agency
Some parts of the agency knew about the revamp, others did not
The trust in Boeing was significant
The FAA lacks expertise and resources so much of their work was delegated to Boeing