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Committee on Transportation and Infrastructure U.S. House of Representatives Washington, DC 20515 Peter A Committee on Transportation and Infrastructure U.S. House of Representatives Washington, DC 20515 Peter A. DeFazio Sam Graves Chairman Ranking Member ——— ——— Katherine W. Dedrick, Staff Director Paul J. Sass, Republican Staff Director June 14, 2019 SUMMARY OF SUBJECT MATTER TO: Members, Subcommittee on Aviation FROM: Staff, Subcommittee on Aviation RE: Subcommittee Hearing on “Status of the Boeing 737 MAX: Stakeholder Perspectives” PURPOSE The Subcommittee on Aviation will meet on Wednesday, June 19, 2019, at 10:00 a.m. in 2167 Rayburn House Office Building to hold an hearing titled, “Status of the Boeing 737 MAX: Stakeholder Perspectives.” The hearing is intended to gather views and perspectives from aviation stakeholders regarding the Lion Air Flight 610 and Ethiopian Airlines Flight 302 accidents, the resulting international grounding of the Boeing 737 MAX aircraft, and actions needed to ensure the safety of the aircraft before returning them to service. The Subcommittee will hear testimony from Airlines for America, Allied Pilots Association, Association of Flight Attendants-CWA, Captain Chesley (“Sully”) Sullenberger, and Randy Babbitt. BACKGROUND The Federal Aviation Administration’s (FAA) mission is to provide the safest, most efficient aerospace system in the world. According to the FAA, the risk of a fatal commercial aviation accident in the United States has been cut by 95 percent since 1997. There has only been one commercial airline passenger fatality in the United States in more than 90 million flights in the past decade.1 Prior to that single passenger fatality in April 2018, the last fatal domestic commercial airline accident occurred in February 2009, when Colgan Air Flight 3407 crashed near Buffalo, New York, killing all 49 onboard and one person on the ground.2 However, in a span of five months, there have been two fatal commercial airline accidents involving the new U.S.-designed and manufactured Boeing 737 MAX aircraft operated by foreign air carriers outside the United States, 1 On April 17, 2018, Southwest Airlines Flight 1380 experienced an engine failure, resulting in loss of an engine inlet and cowling. Fragments struck the airplane’s fuselage and damaged a cabin window, killing one passenger onboard. 2 NTSB, Loss of Control on Approach, Colgan Air, Inc., Operating as Continental Connection Flight 3407, Bombardier DHC 8 400, N200WQ, https://www.ntsb.gov/investigations/AccidentReports/Pages/AAR1001.aspx. raising safety concerns. According to the Flight Safety Foundation, worldwide, there were more than 50 fatal airline accidents each year through the early and mid-1990s, claiming more than 1,000 lives annually.3 Fatalities dropped from 1,844 in 1996 to just 59 in 2017, then rose to 561 last year and 209 already this year (primarily due to the two 737 MAX accidents).4 I. FOREIGN AIR CARRIER ACCIDENTS INVOLVING THE BOEING 737 MAX A. Lion Air Flight 610 On October 29, 2018, Lion Air Flight 610 (JT610)―a Boeing 737 MAX―an Indonesian domestic flight en route to Pangkal Pinang from Jakarta, crashed into the Java Sea at 450 miles per hour approximately 11 minutes after takeoff, killing all 189 on board (184 passengers and 5 crew). According to the preliminary accident report by Indonesia’s Komite Nasional Keselamatan Transportasi (KNKT),5 prior to departure, the aircraft’s left and right angle of attack (AoA) sensors, which measure the angle between the airplane’s wings and the oncoming air, provided the pilots inaccurate readings (a 20-degree difference between left and right sensors). This faulty data made the accident aircraft believe it was in a stall and therefore activated a Boeing system on the 737 MAX called the “maneuvering characteristics augmentation system” (MCAS). The MCAS was designed to adjust the handling of the aircraft so that it operates similarly to previous 737 models by pushing the nose of the aircraft down based on certain data inputs. However, due to erroneous AoA data, the MCAS on JT610 activated (i.e., pushed the nose of the aircraft down) more than two dozen times during the 11-minute flight. The pilots’ manual attempts to counter the MCAS were ultimately unsuccessful. The preliminary report provides information on the flight crew, including:6 ▪ Pilot in Command: 6,028 hours (including 5,176 hours in the Boeing 737; the number of hours in the Boeing 737 MAX is not provided). ▪ First Officer: 5,174 hours (including 4,286 hours in the Boeing 737; the number of hours in the Boeing 737 MAX is not provided). According to the preliminary report, there were problems reported by flight crews operating the aircraft on October 26, 27, and 28. The pilots of the flight immediately preceding the accident flight (on October 28) experienced similar problems to the accident flight on October 29. On the October 28 flight, despite experiencing problems, the pilots continued flying with manual trim, with the stick shaker activated, and without auto-pilot until safely landing at Jakarta more than one hour later. They reported certain problems to the airline but not the stick shaker activation. The aircraft was serviced, tested, and determined ready for flight. 3 David Koenig and Tom Krisher, Recent Airline Crashes Run Against Trend Toward Safer Flying, U.S. News and World Reports and Associated Press, May 6, 2019, available at https://www.usnews.com/news/business/articles/2019-05- 06/recent-airline-crashes-run-against-trend-toward-safer-flying/. 4 Id. 5 Translated means “Transportation Safety National Committee” or “National Transportation Safety Committee.” 6 Lion Air 601 Preliminary Report available at https://reports.aviation-safety.net/2018/20181029-0_B38M_PK- LQP_PRELIMINARY.pdf. 2 On November 7, 2019, the FAA issued an Emergency Airworthiness Directive (AD) requiring operators of the 737 MAX to “revise their flight manuals to reinforce to flight crews how to recognize and respond to uncommanded stabilizer trim movement and MCAS events.”7 Specifically, the AD stated that in the event of an “erroneously high [AoA] sensor input . there is a potential for repeated nose-down trim commands of the horizontal stabilizer. This condition, if not addressed, could cause the flight crew to have difficulty controlling the airplane, and lead to excessive nose-down attitude, significant altitude loss, and possible impact with terrain.”8 The AD identified existing flight crew procedures to be used in such circumstances. Indonesia’s KNKT is leading the ongoing accident investigation. As mentioned previously, on November 27, 2018, the KNKT issued a preliminary report on the Lion Air crash. The preliminary report was compiled prior to the recovery of the cockpit voice recorder and does not contain analysis. The final report, which will include the probable cause(s) of the accident, is expected later this year. The National Transportation Safety Board (NTSB) is assisting with this investigation. B. Ethiopian Airlines Flight 302 On March 10, 2019, Ethiopian Airlines Flight 302 (ET302)―a Boeing 737 MAX―en route from Bole International Airport in Addis Ababa, Ethiopia, to Nairobi, Kenya, crashed approximately six minutes after takeoff. The accident resulted in the death of all 157 people on board (149 passengers and 8 crew members). According to the Ethiopian Ministry of Transport’s preliminary accident report, erroneous AoA data from one sensor triggered the MCAS during flight, pulling the nose of the aircraft down, before it ultimately crashed into terrain. Unlike the Lion Air pilots, the Ethiopian Airline pilots hit the “STAB TRIM CUTOUT” switches (disconnecting the electric portion of the plane’s stabilizer), in accordance with Boeing’s emergency checklist described in the FAA’s Emergency AD issued months prior. The pilots did not reduce the throttle after takeoff and the aircraft accelerated to between 450 and 500 knots. The maximum design speed of the aircraft is 340 knots. As depicted in the image included in Appendix 1, using the manual trim wheel at excessive airspeed can be difficult or nearly impossible due to the downward force on the plane’s tail. According to the preliminary accident report, the pilots reactivated the motor on the stabilizer, allowing MCAS to push the nose down again. The pilots were unable to recover. The preliminary report provides information on the flight crew, including9: ▪ Pilot in Command: 8,122 flight hours (including 1,417 hours in the Boeing 737, and 103 hours in the Boeing 737 MAX). ▪ First Officer: 361 flight hours (including 207 hours in the Boeing 737, and 56 hours in the Boeing 737 MAX). 7 Daniel K. Elwell, FAA, Testimony before for the Senate Commerce Committee, Aviation and Space Subcommittee, hearing on State of Airline Safety: Federal Oversight of Commercial Aviation, at 7 (Mar. 27, 2019). 8 FAA Emergency Airworthiness Directive, AD 2018-23-51 (Nov. 7, 2018), available at http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgad.nsf/0/83ec7f95f3e5bfbd8625833e0070a070/$FILE/2018- 23-51_Emergency.pdf. 9 ET302 Preliminary Report available at http://www.ecaa.gov.et/documents/20435/0/Preliminary+Report+B737- 800MAX+%2C%28ET-AVJ%29.pdf/4c65422d-5e4f-4689-9c58-d7af1ee17f3e. 3 Immediately following the accident, foreign civil aviation authorities began grounding the Boeing 737 MAX planes. On March 11, 2019, the FAA issued a Continuous Airworthiness Notification to the International Community (CANIC) for 737 MAX operators, describing the FAA’s activities following the Lion Air accident in support of continued operational safety of the 737 MAX fleet. On March 13, two days later, the FAA ordered a temporary grounding of the fleet operated by U.S. airlines or in U.S. territory. The Boeing 737 MAX remains grounded today. The Ethiopian government is leading the accident investigation. As mentioned previously, on April 4, 2019, Ethiopia’s Ministry of Transport’s Aircraft Accident Investigation Bureau issued a preliminary report on the Ethiopian Airlines crash. A final report detailing probable cause(s) of the accident is expected within the year.
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