Houston Chronicle

U.S. already probing FAA’s oversight of jet before 2nd crash

- By Alan Levin and Peter Robison

U.S. federal authoritie­s began exploring a criminal investigat­ion of how Boeing Co.’s 737 Max was certified to fly passengers before the latest crash in Ethiopia involving the new jet, according to people familiar with the probe.

The investigat­ion was prompted by informatio­n obtained after a Lion Air 737 Max 8 crashed shortly after takeoff from Jakarta on Oct. 29, said one person, who wasn’t authorized to speak about the investigat­ion and asked not to be named.

The investigat­ion has taken on new urgency after the March 10 crash of an Ethiopian Airlines 737 Max 8 near Addis Ababa that killed 157 people. It is being conducted in part by the Transporta­tion Department’s Inspector General’s office, which conducts both audits and criminal investigat­ions in conjunctio­n with the Justice Department.

Boeing shares closed down 1.77 percent at $372.28 Monday in New York.

The Justice Department is now gathering informatio­n about the developmen­t of the 737 Max, including through a grand jury subpoena, according to a person familiar with the matter who wasn’t authorized to speak publicly about it. The Justice Department’s Criminal Division, which is overseeing the effort, declined to comment.

The grand jury’s involvemen­t was earlier reported by the Wall Street Journal. Separately, a Seattle Times investigat­ion published Sunday found that U.S. regulators delegated much of the plane’s safety assessment to Boeing and that the company in turn delivered an analysis with crucial flaws.

Both Boeing and the Transporta­tion Department declined to comment about the investigat­ion.

Ethiopia’s transport minister said Sunday that flightdata recorders showed “clear similariti­es” between the crashes of that plane and Lion Air Flight 610 last fall.

A possible criminal investigat­ion during an aircraft accident investigat­ion is highly unusual. While airline accidents have at times raised criminal issues, such as after the 1996 crash of a ValuJet plane in the Florida Everglades, such cases are the exception.

U.S. Federal Aviation Administra­tion employees warned seven years ago that Boeing had too much sway over safety approvals of new aircraft, prompting an investigat­ion by Transporta­tion Department auditors who confirmed the agency hadn’t done enough to “hold Boeing accountabl­e.”

The 2012 investigat­ion also found that discord over Boeing’s treatment had created a “negative work environmen­t” among FAA employees who approve new and modified aircraft designs, with many of them saying they’d faced retaliatio­n for speaking up. Their concerns pre-dated the 737 Max developmen­t.

In recent years, the FAA has shifted more authority over the approval of new aircraft to the manufactur­er itself, even allowing Boeing to choose many of the personnel who oversee tests and vouch for safety. Just in the past few months, Congress expanded the outsourcin­g arrangemen­t even further.

“It raises for me the question of whether the agency is properly funded, properly staffed and whether there has been enough independen­t oversight,” said Jim Hall, who was chairman of the National Transporta­tion Safety Board from 1994 to 2001 and is now an aviationsa­fety consultant.

At least a portion of the flight-control software suspected in the 737 Max crashes was certified by one or more Boeing employees who worked in the outsourcin­g arrangemen­t, according to one person familiar with the work who wasn’t authorized to speak about the matter.

In a statement on Sunday, the FAA said its “aircraft certificat­ion processes are well establishe­d and have consistent­ly produced safe aircraft designs.”

 ?? Tony Karumba / AFP / Getty Images ?? A front-loader delivers plane wreckage debris from farther afield to a collection point, at the crash site of the Ethiopian Airlines Boeing 737 Max aircraft.
Tony Karumba / AFP / Getty Images A front-loader delivers plane wreckage debris from farther afield to a collection point, at the crash site of the Ethiopian Airlines Boeing 737 Max aircraft.

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