then it seems extraordinary that the same info was not provided to those on the relevant teams of the design approval team signing off the PSCP steps and statements of compliance.
This is important. A person (FAA delegate or ODA member) signed the 8130-9 form, which in part says:
I have complied with Section 21.33(a).
Which says in part:
Sec. 21.33
Inspection and tests.
(a) Each applicant must allow the Administrator to make any inspections and, in the case of aircraft, any flight tests necessary to determine compliance with the applicable requirements, of the Federal Aviation Regulations.
(b) Each applicant must make all inspections and tests necessary to determine--
(1) Compliance with the applicable airworthiness requirements;
..........
Which include in small part (my bold):
Sec. 25.1309
[Equipment, systems, and installations.]
(a) The equipment, systems, and installations whose functioning is required by this subchapter, must be designed to ensure that they perform their intended functions under any foreseeable operating condition.
(b) The airplane systems and associated components, considered separately and in relation to other systems, must be designed so that--
(1) The occurrence of any failure condition which would prevent the continued safe flight and landing of the airplane is extremely improbable, and
[(2) The occurrence of any other failure condition which would reduce the capability of the airplane or the ability of the crew to cope with adverse operating conditions is improbable.
(c) Warning information must be provided to alert the crew to unsafe system operating conditions, and to enable them to take appropriate corrective action. Systems, controls, and associated monitoring and warning means must be designed to minimize crew errors which could create additional hazards.
............
The Boeing test pilot is one of a number of people who would have to have known that (c) above was iffy, or non compliant, yet the Statement of Conformity was still signed for the FAA. And, that form even has a block into which deviations may be reported, so if in doubt, report.
This is not the pilot's responsibility alone, hopefully the investigation will expand to consider the entire ODA role as it relates to this design approval, and who else acting as a delegate for the FAA found design compliance, where it was not demonstrated.