Did delegating oversight contribute to Boeing, and the federal government, missing potential software and hardware flaws in the 737 Max 8?
By Michael Laris Michael Laris Transportation reporter Email Bio Follow March 24 at 9:28 AM Four weeks before a Lion Air jet plunged into the Java Sea in October, Congress passed little noticed provisions that gave the plane’s maker, Boeing, even more power to oversee itself, demonstrating the company’s sway in Washington.
The provisions were part of a broader FAA funding and disaster relief bill, which passed by wide margins and was signed by President Trump in October. “In recent successive acts, Congress directed FAA to streamline certification, including increased delegation,” an FAA spokesman said. “With strict FAA oversight, delegation extends the rigor of the FAA certification process to other recognized professionals, thereby multiplying the technical expertise focused on assuring an aircraft meets FAA standards.”
“The introduction of each airplane will also improve aviation safety as newer and safer airplanes with enhanced safety technologies replace older airplanes in the fleet. Of course, each airplane will have to be certified by the FAA, and the large volume of this work poses a significant challenge for the agency,” Conner told the House Committee on Transportation and Infrastructure in 2015. “I think that we could do more of the work . . . the FAA is doing today.
“I still do think there is some power and influence when you are signing the paycheck,” Rep. Lois Frankel told Conner, before pressing him on whether the company was arguing that certain parts of a plane’s design “should not have an inspection by an independent party.”Conner said that was not the case.
Cresent Hardy, then a Republican congressman from Nevada, asked: “Instead of us telling you how to run your company and how we should restrict you, could you maybe elaborate a little bit on — tell us how regulations should be structured if you were in charge?” That slowed passage of proposals supporting Boeing’s call for greater authority. When Congress finally acted in the fall, it took an approach that was more expansive than what Conner and his congressional backers had emphasized at the hearing years before.
The Organization Designation Authorization, or ODA, program was based on an odd bureaucratic hybrid: There would be an ODA “holder” — in this case, Boeing — the company applying to the FAA to certify its new aircraft can carry passengers.
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