The Federal Aviation Administration (FAA) said Tuesday it will soon issue a formal notice outlining the proposed design changes to the Boeing 737 Max flight control system as well as proposed new pilot procedures and allow time for public comment ahead of clearing the jet to fly passengers again.
This step is a clear signal that federal approval for the 737 Max to return to service again in the U.S. is approaching. However, a person familiar with the process and the steps ahead said that a formal ungrounding is now unlikely before mid-October.
Boeing has been anxious to get the plane cleared to fly so it can start delivering what used to be a key moneymaker.
Previously, Boeing had privately indicated that the jet might be ungrounded in September. Some within the company had hoped the FAA might issue clearance for the Max that took effect immediately, with public comment possible afterwards.
But given the intense scrutiny of the jet's re-certification and continued public suspicion of the Max after two crashes, that would have invited accusations of predetermining the outcome, and even potential legal action. The FAA has opted for the standard process, requiring a public comment period ahead of the decision.
"In keeping with our commitment to remain transparent, the (notice) will provide 45 days for the public to comment on proposed design changes and crew procedures to mitigate the safety issues identified during the investigations that followed the Lion Air and Ethiopian Airlines accidents," the agency said in a statement.
The FAA statement noted that while this is an important milestone for the Max return to service, "a number of key steps remain" and it "will not speculate when the work will be completed."
After the public comment period closes, the FAA will take some weeks to review the comments and respond to them in a public posting on the Federal Register.
The remaining steps then include a report issued by both the FAA and a panel of international regulators _ the Joint Operations Evaluation Board (JOEB) _ on proposed new training procedures for 737 Max flight crews. That will also be posted for public comment.
In addition, the 737 Max Technical Advisory Board (TAB) _ consisting of experts from nine civil aviation authorities worldwide as well as the National Aeronautics and Space Administration (NASA) and the FAA _ must review Boeing's final submission of documents on the Max design changes to evaluate compliance with all FAA regulations.
Only then will the FAA be able to issue an Airworthiness Directive, which will lay out for airlines exactly what design changes must be installed on each airplane before it may re-enter commercial service.
After what will be 19 months on the ground come October, that would be Boeing's long-awaited clearance to re-enter service.
Even after the FAA gives this go-ahead, the intense industry crisis triggered by COVID-19 that has killed demand for air travel and slowed all commercial jet deliveries means that Boeing's planned ramp-up in Max production will be much slower than hoped for.
Ken Herbert, an industry analyst with investment bank Canaccord Genuity, in a note to investors earlier this week projected just 40 Max deliveries for the year _ and that was assuming Boeing won FAA clearance in mid-September.
"The order outlook for the Max continues to weaken due to both demand and financing uncertainty," Herbert wrote.
The FAA reiterated Tuesday that its process of re-assessing the safety of the Max has been painstaking and won't be rushed.
"The agency continues to follow a deliberate process and will take the time it needs to thoroughly review Boeing's work," the FAA said. "We will lift the grounding order only after FAA safety experts are satisfied that the aircraft meets certification standards."
Boeing declined to speculate on a timeline for the Max's return.
"Boeing is working closely with the FAA and other international regulators to meet their expectations as we work to safely return the 737 Max to service," the company said in a statement.
