Congress includes waiver for Boeing's new 737 MAX jets in omnibus spending bill
Lawmakers will require Boeing to update all 737 MAX variants with safety upgrades in next few years.
Lawmakers granted Boeing a regulatory reprieve by including language in the omnibus spending bill that waives a looming deadline for upgrades to the aircraft manufacturing giant's new 737 MAX jets.
The Boeing 737 MAX drew the scrutiny of regulators after two of the aircraft crashed, killing 346 people on Lion Air Flight 610 and Ethiopian Airlines Flight 302. Congress took action in the wake of those tragedies, passing a law in 2020 that set the upcoming deadline for Boeing to make improvements on its 737 MAX jets.
The Aircraft Certification, Safety and Accountability Act required all planes certified by the Federal Aviation Administration (FAA) after Dec. 27, 2022, to have updated crew-alerting systems that conformed to the latest safety standards. That would've required an extensive upgrade to the 737 MAX's crew alerting system.
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An experimental Boeing 737 MAX 10 airliner readies for its flying display in front of Boeing workers at the Farnborough Airshow on July 20 2022, at Farnborough, England. (Richard Baker / In Pictures via Getty Images)
While Boeing initially expected it would be able to get its new MAX 7 and MAX 10 jets certified under the 2020 law's requirements and timeline, FAA approval took longer than expected. Boeing warned it could be forced to cancel the new airliners without Congress revising the law.
The provision included in the omnibus spending bill would exempt Boeing's MAX 7 and MAX 10 models from the 2020 law's requirement. However, it would require MAX 7 jets and Boeing's existing fleet of MAX 8 and MAX 9 aircraft to be retrofitted with two fixes designed to improve its flight control system. The MAX 10 is being designed and flight tested with the updated system incorporated.
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The cockpit of a Boeing 737 MAX 10 airliner (Richard Baker / In Pictures via Getty Images)
The two safety improvements include the use of a third sensor to measure the jet's angle of attack to negate false readings from a single sensor, and a switch that allows pilots to turn off an erroneous stall warning. Both are intended to mitigate issues that arose during the pair of fatal crashes and made it harder for pilots to take the proper corrective action.
The MAX 7 and MAX 10 will need to be certified by the FAA before they can enter service with airlines, and Boeing projects that the MAX 7 will be certified in the first few months of 2023 while the certification of the MAX 10 likely won't occur until late 2023.
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An interior view of a Boeing 737 MAX at Dallas-Forth Worth International Airport. (Cooper Neill/AFP via Getty Images/File / Getty Images)
Under the provision in the omnibus spending bill, Boeing would have three years after the certification of the MAX 10 certification to retrofit all MAX variants flying in the U.S., and the company would be responsible for costs associated with the updates. Canadian and European regulators have indicated that they intend to implement a similar mandate for Boeing to retrofit MAX jets operating under their authority.
Boeing has reportedly taken orders for about 1,000 of the MAX 7 and MAX 10 jets worth as much as $50 billion, and cancellation of those orders could result in financial losses if the purchasing airlines didn't choose to order the MAX 8 and MAX 9 jets that have been approved by the FAA.
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Boeing declined to comment for this story.
Congress is on track to pass the $1.7 trillion omnibus spending bill before Friday's night deadline to avoid a partial government shutdown, and barring an unforeseen change, the waiver for Boeing's 737 MAX jets will remain in the package.