Politics

FAA boss says it let Boeing partly self-regulate the software thought to be behind both fatal 737 Max crashes

boeing faa Daniel Elwell
Daniel Elwell, the acting administrator of the Federal Aviation Administration, testifies on Wednesday. Drew Angerer/Getty Images
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The Federal Aviation Administration said it allowed Boeing to partially oversee the certification of its 737 Max plane software, the focus of investigations into two crashes that killed almost 350 people.

The FAA delegates parts of the plane-certification process to aircraft manufacturers as part of a policy that has come under scrutiny since the fatal crashes.

Daniel Elwell, the acting administrator of the FAA, told a subcommittee of the Senate Committee on Commerce, Science, and Transportation on Wednesday that the agency initially oversaw the software's certification but gave more authority to Boeing "when we had the comfort level" that it could oversee the system, according to The New York Times.

Read more: Boeing just unveiled how it's going to fix the 737 Max that was grounded after 2 fatal crashes in recent months

Elwell described the process as "part of the fabric of what we've used to become as safe as we are today."

Lion Air flight relatives debris
Families of passengers on the Lion Air flight looking at the belongings of passengers at a port in Jakarta, Indonesia.  REUTERS/Beawiharta

He said the FAA would need 10,000 more employees and an additional $1.8 billion if it were to be solely responsible for aircraft-safety certifications.

The Department of Transportation's inspector general, Calvin Scovel, announced on Wednesday that it would audit the FAA's certification of the 737 Max, as requested by Transportation Secretary Elaine Chao.

Read more: Europe and Canada are investigating the Boeing 737 Max themselves rather than trusting the US — another apparent snub of American regulators

Chao has described the practice of allowing manufacturers to help certify their own planes as "necessary" and said the FAA sets safety standards for manufacturers.

The close ties between aircraft manufacturers and the FAA have come under increased scrutiny since the Lion Air crash in October and the Ethiopian Airlines crash earlier this month. A focus of the ongoing investigations into the causes of those crashes is an automated control system designed to point the 737 Max's nose down if it detects the plane is flying at too steep an incline.

FAA Transportation department Daniel Elwell Calvin Scovel
Elwell, left, and the Department of Transportation's inspector general, Calvin Scovel, arriving at the Senate subcommittee hearing.  AP Photo/Andrew Harnik

The policy of aircraft manufacturers helping with their products' certification was first ordered by Congress in 2003 as part of efforts to speed up the certification process and reduce costs. The FAA delegated authority to Boeing in 2009 and now allows more than 80 aviation companies to help certify their products' safety, according to The Washington Post.

Read more: 'We are all humbled': Boeing CEO publishes contrite open letter, as 737 Max crash investigations zero in on software linked to nosedives that brought down 2 planes

Several lawmakers criticized the process on Wednesday, with Democratic Sen. Richard Blumenthal saying he would introduce legislation to reform the system and describing it as "fatally riddled with flaws," according to The Times.

"The fact is that the FAA decided to do safety on the cheap, which is neither safe nor cheap," he said.

Republican Sen. Ted Cruz said that the "close relationship between industry and regulators" threatened to erode the public's trust in the aviation industry, The Associated Press reported.

Democratic Sen. Tom Udall also said that the relationship needed to be questioned and that changes were necessary to ensure that safety "remains the paramount interest, not the quarterly profits of this company."

Richard Blumenthal
Sen. Richard Blumenthal.  AP Photo/Andrew Harnik

Scovel said the Department of Transportation planned to change the existing system by July, the AP reported.

Mike Sinnett, Boeing's vice president of airplane development, reemphasized on Wednesday that the company was confident in the safety of the 737 Max.

"We are working with customers and regulators around the world to restore faith in our industry and also to reaffirm our commitment to safety and to earning the trust of the flying public," he said, according to the AP.

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Sinéad Baker
Sinéad Baker is a Military and Defense Correspondent based in Business Insider's London bureau, writing about Russia's invasion of Ukraine and NATO actions.Sinéad most often covers soldiers' experiences, military strategy, battlefield developments, weapons systems, the defense industry's response, and the impact on NATO and European security, and geopolitical decisions that surround the Ukraine war. She has reported from NATO’s frontlines and around Europe,  has interviewed multiple prime ministers and defense ministers, has appeared on BBC News and The Guardian's politics podcast, and has been cited by Congressional hearings.Sinéad has also extensively covered US politics and previously led Business Insider's breaking news coverage from London.Sinéad previously completed a master's degree in investigative journalism at City, University of London, and has written for The Guardian, The Observer, and TheJournal.ie. Sinéad is the former editor of the multi-award-winning The University Times in Dublin.Expertise
  • Experiences of soldiers in Ukraine, including battlefield developments and tactics
  • Western military responses to the war, and lessons they should learn
  • New weaponry built for and in response to the war 
Email Sinéad at sbaker@jkmperu.com or find her on X.