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              Congressional
              Research Servik





Boeing 737 Max to Fly Again, Clouded by

Certification Concerns



December 7, 2020

On November  18, 2020, the FederalAviation Administration (FAA) issued an order rescinding its March
2019 order that had grounded the Boeing 737 Max passenger jet for nearly 20 months. Congress
continues to debate legislation (FIR. 8408, S. 3969, and S. 3866) seeking to reform aircraft certification in
an effort to avoid future safety stand-downs of this magnitude involving the design of highly complex
transport aircraft.
Two  high-profile fatal accidents, the crash of Lion Air flight 610 in October 2018 and the crash of
Ethiopian Airlines flight 302 in March 2019, prompted the unprecedented worldwide grounding of the
737 Max  as investigators and engineers sought to identify and remedy a common set of causes. Both
accidents were linked to an automated flight control system feature called the Maneuvering
Characteristics Augmentation System (MCAS). The design of the 737 Max included larger engines than
earlier versions of the 737. Under certain circumstances, these engines could cause an unintended pitch up
of the airplane's nose. MCAS was installed to automatically compensate for this undesirable tendency. In
both accidents, MCAS activated repeatedly, resulting in extreme nose-down pitching. Analysis after the
accidents revealed that MCAS relied on a single sensor that was reportedly prone to damage, and that the
aircraft lacked safeguards to prevent its activation if that single sensor failed. The two crashed airplanes
had no cockpit indicators to notify pilots of a possible sensor failure, and Boeing had not advised airlines
to train pilots about the existence and functioning of MCAS or proper procedures to override or disable it
if necessary.

Design   Certification Probed

The crashes triggered a number of investigations and reviews of FAA's procedures forcertifying the
safety of the 737 Max in particular and of passenger aircraft more broadly. FAAjoined with aviation
authorities from other countries and the European Union to complete a comprehensive technicalreview of
the Boeing 737 Max flight control system design and certification. The Department of Transportation
independently convened a special committee to review the certification of the Boeing 737 Max, which
urged FAA to require aircraft manufacturers to implement Safety Management Systems (SMS) like those
already required of airlines. While FAA initiated rulemaking back in 2014 to comply with international


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