ALPA Opposes Boeing's Request for Regulatory Exemption on 737 MAX 7 and MAX 10
If the FAA approves the exemption, Boeing could complete the certification of the MAX 7 and MAX 10 according to the current schedule, allowing them to enter service in 2026. Otherwise, Level A software certification could delay deliveries by 12 to 18 months.
The Airline Pilots Association International (ALPA) has voiced its opposition to Boeing's request for a regulatory exemption from the Federal Aviation Administration (FAA) concerning the 737 MAX 7 and MAX 10, both currently undergoing certification. The petition, submitted by Boeing in January, seeks to waive the requirement to prove that the stall-management yaw damper (SMYD) software complies with the latest, more stringent standards. Additionally, the exemption would allow for faster implementation of improvements on the MAX 8 and MAX 9 models, which are already in operation.
In a letter to the FAA, ALPA opposed the request, stating that "SMYD system certification must be completed before entry into service" and questioning Boeing's proposed 3.5-year exemption period.
Boeing's Strategic Shift
This request marks a shift from Boeing’s stance last year when it chose not to seek an exemption for issues related to ice formation on engine nacelles (the leading edge of the external engine casing). At that time, public perception of the company was at a low point following the depressurization incident on a MAX 9 and other operational failures. Now, with new leadership and improved manufacturing quality, Boeing is revisiting the strategy of pursuing regulatory exemptions.
Technical Challenges
According to Air Insight, the SMYD is an electronic unit responsible for stall warnings and recognition, as well as yaw damping functions. The MAX 8 and MAX 9 models were certified under RTCA Level B standards, but during the MAX 7's development, a new analysis determined that the SMYD must meet the stricter Level A Design standard. This upgrade involves additional certification processes, which could cause delays.
Boeing is also developing an enhanced angle-of-attack system for all MAX models, incorporating a third synthetic sensor. This update was agreed upon with the European Union Aviation Safety Agency (EASA) in 2021 as a condition for lifting the flight ban imposed after two fatal accidents linked to software failures and sensor redundancy issues.
Potential Impact on Certification
If the FAA approves the exemption, Boeing could complete certification for the MAX 7 and MAX 10 on schedule, allowing for entry into service by 2026. However, if the request is denied, achieving Level A certification could delay deliveries by 12 to 18 months, impacting Boeing’s production plans and cash flow.
The new synthetic sensor will gather data from multiple sources, including speed, altitude, climb rate, throttle, trim settings, and the SMYD software. Its role is to verify data reliability when discrepancies arise among existing sensors, enhancing the safety of the MCAS system.
With a new administration in Washington, it remains unclear whether the FAA will take a flexible or strict stance on Boeing’s request. If the exemption is denied, the company will face the challenge of finalizing required software updates and modifications to certify both models and modernize its existing fleet within regulatory deadlines.
Boeing’s Argument for the Exemption
Boeing has already manufactured 25 units of the MAX 7, which remain stored while awaiting the necessary modifications for final FAA-approved configuration.
The current version of the SMYD meets Level B standards and has operated successfully on the 737NG, MAX 8, and MAX 9, accumulating over 270 million flight hours in the past 25 years. Boeing argues that this track record supports its exemption request, claiming it poses minimal safety risks. However, ALPA and other industry stakeholders continue to oppose the waiver, leaving the FAA with the final decision—one that is still under review.
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