MAX’s Return Delayed by FAA Reevaluation of 737 Safety Procedures

[Dave Therhino]

I double checked the requirements and I had used "experimental certificate" for one case where I should have used "special flight permit." Both are forms of special airworthiness certificate. I'll change my response above so I don't leave bad information in place.

If Boeing was doing only normal production flight tests on the airplane in the situation you (TD) mentioned, they would have been under a special airworthiness certificate known as a special flight permit. When you proposed experimental flying, they would have had to apply for an experimental certificate. If they were doing compliance showing or other activities that already required an experimental certificate, but the special purposes stated on the certificate did not include R&D, again they would have had to re-apply to have the experimental certificate reissued. Part of the process in either case is yelling at the engineer who brings the bad news about the paperwork involved ;-).

See 14 CFR 91.203(a) for the regulatory requirement that calls for these certificates. Paraphrasing, no person may operate a civil aircraft unless it has within it an appropriate C of A and a registration certificate. That regulation applies to Boeing's production flight testing activity. See 14 CFR 21.197 for the authorization to use a special flight permit (again, a form of special airworthiness certificate) for manufacturer production acceptance testing.