{"id":2449,"date":"2019-04-08T10:00:28","date_gmt":"2019-04-08T15:00:28","guid":{"rendered":"http:\/\/blogs.luc.edu\/compliance\/?p=2449"},"modified":"2019-04-08T10:00:28","modified_gmt":"2019-04-08T15:00:28","slug":"grounding-federal-regulation-in-the-context-of-aircraft-suspensions","status":"publish","type":"post","link":"https:\/\/blogs.luc.edu\/compliance\/?p=2449","title":{"rendered":"\u201cGrounding\u201d: Federal Regulation in the Context of Aircraft Suspensions"},"content":{"rendered":"

Alexandra Piechowicz<\/em><\/p>\n

Associate Editor<\/em><\/p>\n

Loyola University Chicago School of Law, JD 2020<\/em><\/p>\n

On March 10, 2019, Ethiopian Airlines Flight 302<\/a> en route to Nairobi, Kenya crashed shortly after take-off leaving no survivors. It became the carrier\u2019s most deadly crash and its first fatal crash since January 2010. Most notably, however, it was the second fatal crash involving Boeing\u2019s new 737 MAX jet in less than five months after the Lion Air Flight 610 accident in October 2018. The day following the tragedy, Ethiopian Airlines grounded<\/a> all of its Boeing 737 MAX 8 fleet until further notice. Many other airlines suspended operations of the aircraft as well and countless countries banned the 737 MAX from airspace.<\/p>\n

Ethiopian Airlines Flight 302<\/strong><\/p>\n

On October 29, 2018, a Boeing 737 MAX 8 operated by Indonesian airline Lion Air crashed<\/a> into the Java Sea off the coast of Jakarta. Just thirteen minutes into a scheduled hour-long flight, all 189 passengers and crewmembers aboard the aircraft lost their lives. Just five months later, Ethiopian Airlines Flight 302<\/a>, also a Boeing 737 MAX 8, sealed its fate the same way.<\/p>\n

The response<\/a> to the common denominator \u2013 the aircraft \u2013 between the two crashes was sudden and similarities between the tragedies were quickly investigated. The new MAX planes feature an automated flight software called the Maneuvering Characteristics Augmentation System (\u201cMCAS\u201d) that automatically lowers the nose of the plane when external angle of attack sensors detect that the aircraft is at risk of stalling. The report following the crash of the Lion Air flight in October revealed that the crew attempted to correct<\/a> the automatic system as it forced the plane\u2019s nose down more than two dozen times during the thirteen-minute flight.<\/p>\n

An investigation<\/a> of the Ethiopian Airlines incident also revealed that the MCAS was activated before the crash. Preliminary analysis of the data showed \u201cclear similarities\u201d between Flight 302 and Flight 610 and that the Ethiopian Boeing experienced the same uneven climbs and descents shortly after takeoff.<\/p>\n

The Meaning of \u201cGrounding\u201d<\/strong><\/p>\n

There are many ways to \u201cground\u201d an aircraft. Operation bans can be issued in many ways but most frequently, airlines and sovereign states are the key players. When Ethiopian Airlines grounded its 737 MAX 8 jets, it ordered the operation of the model to cease entirely<\/a> within the airline. Several airlines followed suit<\/a>, grounding a total of 393 aircraft worldwide. In this case, the airline polices itself and sets its own rules. In the context of national airspace bans, however, the regulations for groundings are less cut and dry.<\/p>\n

The Federal Aviation Association\u2019s Response<\/strong><\/p>\n

On March 13, 2019, the Federal Aviation Association (the \u201cFAA\u201d) ordered a temporary grounding<\/a> of all Boeing 737 Max aircraft operated by U.S. airlines or in U.S. territories based on preliminary data gatherings and evidence obtained from the Ethiopian Flight 302 crash site. Specifically, an Emergency Order of Prohibition<\/a> (the \u201cOrder\u201d) was issued that delineated the specifics of the grounding, including compliance.<\/p>\n

The Order states that any Boeing 737-8 and 737-9 aircraft at the time of issuance must immediately \u201cproceed to and complete their soonest planned landing, but may not again takeoff.\u201d The Order establishes the authority of the FAA under part A (\u201cAir Commerce and Safety\u201d) of subtitle VII of Title 49 of the United States Code.<\/p>\n

The scope and effect of the grounding is as follows:<\/p>\n