FAA Restores Limited Boeing Authority for Aircraft Certification Amidst Scrutiny

The Federal Aviation Administration (FAA) announced Friday it will once again permit Boeing employees to assist in certifying the airworthiness of some 737 MAX and 787 Dreamliner aircraft. This decision marks a significant shift, as the FAA had previously revoked such authority for the 737 MAX in 2019 following two fatal crashes, and for the 787 in 2022 due to production quality issues.

Under the new arrangement, which is set to begin this coming Monday, Boeing and the FAA will alternate weeks in issuing airworthiness certificates for the specified aircraft. The regulator emphasized that it has conducted a thorough review of Boeing’s production processes and will maintain “direct and rigorous oversight” of the aerospace giant. “Safety drives everything we do, and the FAA will only allow this step forward because we are confident it can be done safely,” the agency stated.

This limited delegation falls under the Organization Designation Authorization (ODA) program, which has allowed qualified Boeing employees to perform certain certification tasks on behalf of the FAA since 2005. However, the ODA program has faced intense scrutiny, particularly after allegations that ODA unit members felt pressured to expedite approvals to meet production deadlines. Just this month, the FAA fined Boeing $3.1 million for quality system violations and “undue pressure” on ODA members, stemming from actions between September 2023 and February 2024, a period encompassing the Alaska Airlines 737 MAX panel blowout incident.

Despite Boeing’s recent efforts to enhance its safety and quality protocols, including hiring an ombudsperson and improving internal oversight, the FAA’s decision has drawn sharp criticism. Ed Pierson, a prominent whistleblower and former Boeing senior manager, expressed concerns that the FAA acted “negligently” by restoring this authority, fearing that promised changes have not fully materialized. Attorneys representing another whistleblower echoed these sentiments, calling the move “a clear step in the wrong direction” and questioning the FAA’s oversight.

The FAA maintains that this renewal will enable its inspectors to focus on other critical aspects of the production process, such as “critical assembly stages,” and to analyze broader company trends. The agency also confirmed that the production cap of 38 737 MAX planes per month, imposed after the panel blowout, remains in effect to ensure a focus on quality and safety.

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