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Boeing has withdrawn its request for an exemption for the 737 MAX 7 to fly passengers while addressing a design flaw relating to the engine inlet de-icing system. This decision comes after the ongoing turmoil surrounding the 737 MAX line, including when a door plug was blown off midflight and two deadly crashes. After heavy scrutiny from the industry and government officials surrounding the petition for exemption, Boeing withdrew its request to instead focus on finding a solution.
The Seattle Times reported that Boeing withdrew its exemption request on Monday.
Boeing told GlobalAir.com that they were confident the proposed time-limited exemption for the system follows the FAA processes to ensure safe operation, but have instead chosen to incorporate an engineering solution to be completed during the certification process. "As always, the FAA will determine the timing of certification and we will follow their lead every step of the way," Boeing said in a statement to GlobalAir.com. "We're committed to being transparent, listening to all our stakeholders and taking action to strengthen safety and quality at Boeing."RELATED STORIES:FAA stops 737 MAX production expansion, allows eligible planes to return to serviceLatest on 737 MAX 9 Alaska Airlines emergency - aircraft had prior issues before panel ripped off mid-flight
The 737 MAX 7 is the smallest of the MAX series and its entry into passenger service will be delayed until the design flaw is fixed. The petition for exemption states that the company has requested the delay from specific sections of 14 CRR as they relate to the engine nacelle inlet structure and engine anti-ice system, requesting temporary relief through May 31, 2026 to develop necessary design changes to address the overhearing that may occur in certain conditions. Overheating could result in the failure of the engine inlet inner barrel and lead to serious engine inlet cowl damage.U.S. Senator and pilot Tammy Duckworth, a member of the U.S. Senate Committee on Commerce, Science and Transportation and chair of the subcommittee on Aviation Safety, Operations and Innovation met with Boeing CEO Dave Calhoun to talk about the incident on an Alaska Airlines 737 MAX 9 in early 2024. Duckworth met with Calhoun after she sent a letter to the FAA rejecting the petition for an exemption. In their meeting, Duckworth pushed for Boeing to prioritize fixing this design flaw rather than putting profit over the safety of the flying public.
"It's absurd that instead of prioritizing fixing a safety flaw that could lead to catastrophic consequences for passengers and crew aboard Boeing 737 MAX jets, the company is instead seeking an exemption to allow more aircraft with the same exact safety defect to enter commercial use," Duckworth said. "Boeing keeps offering assurances that it won't put profits ahead of passenger safety, but the company's actions speak louder than its words. If Boeing really wants to demonstrate that safety is a priority, the company can prove it by withdrawing its petition seeking special permission from the FAA to bypass safety standards and rush even more aircraft into the air with a known safety defect. Unfortunately, Mr. Calhoun offered no assurance that Boeing would do so in today's meeting—so I remain skeptical of where Boeing's true interests lie."
The Allied Pilots Association also voiced strong opposition to the exemption in 2022, when Senator Roger Wicker proposed an amendment to give Boeing until September 2023 to gain FAA approval. The APA felt Boeing would not meet the deadline.
"Boeing needs to proceed with installing modern crew alerting systems on these aircraft to mitigate pilot startle-effect and confusion during complex, compound system malfunctions," APA President Capt. Edward Sicher said. "Once these systems are installed and pilots have been properly trained on them, our crews will be better able to identify system failures and prioritize corrective actions that could save lives."Alaska Airlines 737 MAX 9 after door plug blew out midflight
According to The Seattle Times, earlier model 737s have a metal inlet, but the MAX's engine inlet is made from the more sustainable carbon composite. When the plane flies in the cold, the de-icing system blows hot air onto the engine inlet to prevent ice build-up. Boeing discovered that if the system was switched on after leaving the icy air, the system could overheat and damage the composite structure, possibly leading to it breaking off from the nacelle. The FAA said that debris broken off could penetrate the fuselage and put passengers seated behind the wings in danger and possibly damage the wing or tail of the plane, resulting in a loss of control of the plane.
The investigation into the Alaska Airlines incident is ongoing, placing heavy scrutiny on Boeing. After the incident, the FAA grounded the 737 MAX 9, requiring an extensive inspection of all applicable aircraft before returning to service. The FAA then initiated an investigation into Boeing's production and operations while boosting oversight for the company and its suppliers. The agency has also opted to suspend any expansion to the 737 MAX production line while allowing the planes that pass inspection to return to service.
"We grounded the Boeing 737-9 MAX within hours of the incident over Portland and made clear this aircraft would not go back into service until it was safe," FAA Administrator Mike Whitaker said. "The exhaustive, enhanced review our team completed after several weeks of information gathering gives me and the FAA confidence to proceed to the inspection and maintenance phase."
Boeing admitted there was a quality escape and said it would take immediate action to bolster quality assurance and controls in 737 production. On Jan. 23 Boeing announced it would hold a "Quality Stand Down" on Jan. 25 to allow employees to take part in work sessions focused on quality. During the stand down, employees would focus on hands-on learning, reflection and collaboration to identify where quality and compliance need improvement.
With mounting pressure, Boeing has taken numerous steps to show it is taking the incident seriously and looking inward to improve safety and quality for the flying public. The Seattle Times reported that if Boeing finds a fix for the de-icing flaw, the MAX 8 and MAX 9 lines will be retrofitted. MAX 7 customers like Southwest, which has 302 on order, will face delivery delays. Boeing is confident a solution will be found by 2026, but no timeline has been established.