Boeing reveals a new set of 737 Max-related internal messages to regulator

The disclosure came on the same day that plane maker ousted its chief executive

FILE - In this Monday, Dec. 16, 2019 file photo, a Boeing worker walks in view of a 737 MAX jet in Renton, Wash. Shares of Boeing fell before the opening bell on a report that the company may cut production of its troubled 737 MAX or even end production all together. (AP Photo/Elaine Thompson)
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Boeing has disclosed a new batch of internal messages related to the 737 Max programme to federal regulators.

The documents were turned over to the Federal Aviation Administration (FAA) on Monday, the agency said. The disclosure came on the same day that Boeing ousted its chief executive.

This was the second time that Boeing has delayed turning over to the FAA sensitive messages related to the development of the 737 Max jetliner, which was grounded in March after a design flaw was linked to two fatal crashes, in Indonesia and Ethiopia. The earlier episode prompted a rebuke by the agency and helped lead to growing tensions between the regulator and the plane maker.

The FAA learnt of the existence of the latest group of messages from the company in recent days, but was not told any details about what was said in them.

The FAA did not comment on the content of the emails, saying only that they were under review. The company's decision to turn the emails over to the FAA was reported earlier by the Seattle Times.

Boeing's chief executive Dennis Muilenburg stepped down on Monday, at least partly as a result of deteriorating relations with the FAA, said the company's board.

In October, Boeing disclosed to the FAA instant messages and emails by a high-ranking company pilot who in 2016 expressed misgivings about the software implicated in two fatal crashes on the Max.

Boeing had known about those messages since early in the year and turned them over to the Justice Department in February. It did not give them to the FAA immediately because of the criminal investigation into how the plane was approved.

The delay angered the FAA, which is charged with overseeing Boeing. One of the agency’s key tenets is that entities it oversees must disclose safety issues or possible breaches of regulations. In some circumstances, failing to tell the agency about such an issue may be considered a legal violation.

“The FAA finds the substance of the document concerning,” the agency said in a statement on October 18. “The FAA is also disappointed that Boeing did not bring this document to our attention immediately upon its discovery.”

The November 2016 instant messages disclosed in October  were between Mark Forkner, then Boeing’s chief technical pilot for the 737, and another 737 technical pilot, Patrik Gustavsson.

Mr Forkner expressed concern that the flight-control feature later implicated in the crashes was “running rampant” and said he might have unknowingly misled the FAA about it. In separate emails he sent to an unnamed FAA official, he said he was “jedi-mind tricking” regulators outside the US into accepting Boeing’s suggested training for the Max.

A lawyer for Mr Forkner, David Gerger, said issues raised in the messages were the result of balky simulator software and not a result of problems with the plane itself. Mr Forkner believed the plane was safe and didn’t mislead the FAA, he said.