[Federal Register Volume 84, Number 52 (Monday, March 18, 2019)]
[Rules and Regulations]
[Pages 9705-9706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05067]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No.: FAA-2019-0200]


Operators of Boeing Company Model 737-8 and Boeing Company Model 
737-9 Airplanes: Emergency Order of Prohibition

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notification of Emergency Order of Prohibition.

-----------------------------------------------------------------------

SUMMARY: This Emergency Order of Prohibition is issued by the Federal 
Aviation Administration (FAA). Effective March 13, 2019, this Order 
prohibits the operation of Boeing Company Model 737-8 and Boeing 
Company Model 737-9 airplanes by U.S. certificated operators. This 
Order also prohibits the operation of Boeing Company Model 737-8 and 
Boeing Company Model 737-9 series airplanes in the territory of the 
United States. Airplanes covered by this Order, if in flight at the 
time this Order is issued, may proceed to and complete their soonest 
planned landing, but may not again takeoff.

DATES: The Emergency Order of Prohibition is effective March 13, 2019.

FOR FURTHER INFORMATION CONTACT: John Piccola, Federal Aviation 
Administration, Aircraft Certification Service, System Oversight 
Division, AIR-800, 2200 South 216th Street, Des Moines, WA 98198 
(Email: [email protected]; Tel: 206-231-3595).

SUPPLEMENTARY INFORMATION: The full text of the Emergency Order of 
Prohibition issued March 13, 2019 is set forth below:

Emergency Order of Prohibition

    This Emergency Order of Prohibition is issued by the Federal 
Aviation Administration (FAA) pursuant to 49 U.S.C. 40113(a) and 
46105(c). Effective immediately, this Order prohibits the operation of 
Boeing Company Model 737-8 and Boeing Company Model 737-9 airplanes by 
U.S. certificated operators. This Order also prohibits the operation of 
Boeing Company Model 737-8 and Boeing Company Model 737-9 series 
airplanes in the territory of the United States. Airplanes covered by 
this Order, if in flight at the time this Order is issued, may proceed 
to and complete their soonest planned landing, but may not again 
takeoff.

Authority

    The FAA Administrator promotes the safe flight of civil aircraft 
by, among other things, prescribing minimum standards for practices, 
methods, and procedures the Administrator finds necessary for safety in 
air commerce. 49 U.S.C. 44701(a)(5). The FAA Administrator is 
authorized to take necessary and appropriate actions to carry out his 
aviation safety duties and powers under part A (``Air Commerce and 
Safety'') of subtitle VII of Title 49 of the United States Code, 
including conducting investigations, issuing orders, and prescribing 
regulations, standards, and procedures. 49 U.S.C. 40113(a). When the 
Administrator determines that an emergency exists related to safety in 
air commerce and requires immediate action, the Administrator may issue 
immediately effective orders to meet the emergency. 49 U.S.C. 46105(c).

Scope and Effect

    This Order applies to all persons operating the Boeing Company 
Model 737-8 and Boeing Company Model 737-9 airplanes in the territory 
of the United States, and to U.S. certificated operators conducting 
flights with Boeing Company Model 737-8 and Boeing Company Model 737-9 
airplanes. These airplanes are hereinafter referred to as the Boeing 
737 MAX series airplanes.
    This Order is effective immediately. This Order prohibits the 
operation of Boeing 737 MAX series airplanes by U.S. certificated 
operators. This Order also prohibits the operation of Boeing 737 MAX 
series airplanes in the territory of the United States. Boeing 737 MAX 
series airplanes covered by this Order, if in flight at the time this 
Order is issued, may proceed to and complete their soonest planned 
landing, but may not again takeoff. Special flight permits may be 
issued in accordance with 14 CFR 21.197 and 21.199, including to allow 
non-passenger carrying flights, as needed, for purposes of flight to a 
base for storage, production flight testing, repairs, alterations, or 
maintenance. Experimental airworthiness certificates may be issued in 
accordance with 14 CFR 21.191 to support certification of design 
changes.
    This Order remains in effect until the issuance of an applicable 
FAA order rescinding or modifying this Order. The Administrator will 
rescind or modify this Order, as appropriate, if the Administrator 
determines that the prohibitions prescribed herein are no longer 
necessary to address an emergency related to safety in air commerce.

Basis for Order

    Based on the initial investigations and the reliable and credible 
evidence presently available, the Acting Administrator finds that:
    1. On October 29, 2018, a Boeing Company Model 737-8 operated by 
Lion Air as flight JT610 crashed after taking off from Soekarno-Hatta 
Airport in Jakarta, Indonesia. Flight JT610 departed from Jakarta with 
an intended destination of Pangkal Pinang, Indonesia. It departed 
Jakarta at 6:20 a.m. (local time), and crashed into the Java Sea 
approximately 13 minutes later. One hundred and eighty-four passengers 
and five crewmembers were on board. There were no survivors. An 
Indonesian-led investigation into the cause of this accident is 
ongoing, supported by the National Transportation Safety Board (NTSB), 
FAA, and Boeing.
    2. On March 10, 2019, Ethiopian Airlines flight ET302, also a 
Boeing Company Model 737-8, crashed at 8:44 a.m. (local time), six 
minutes after takeoff. The flight departed from Bole International 
Airport in Addis Ababa, Ethiopia with an intended destination of 
Nairobi, Kenya. The accident site is near Bishoftu, Ethiopia. One 
hundred and forty-nine passengers and eight crewmembers were on board. 
None survived. An Ethiopian-led investigation into the cause of this 
accident is ongoing, supported by the NTSB, FAA, and Boeing.
    3. The Boeing Company Model 737-8 and the Boeing Company Model 737-
9 comprise the Boeing 737 MAX series, sharing nearly identical design 
features. The Boeing 737 MAX series airplanes are narrow-body airplanes 
with two high-bypass turbofan engines. The Boeing 737 MAX series 
airplanes are used for passenger carrying operations and are equipped 
with new CFM LEAP-1B engines and larger cockpit displays.
    Under 49 U.S.C. 46105(c), the Acting Administrator has determined 
that an emergency exists related to safety in air commerce. On March 
13, 2019, the investigation of the ET302 crash developed new 
information from the wreckage concerning the aircraft's

[[Page 9706]]

configuration just after takeoff that, taken together with newly 
refined data from satellite-based tracking of the aircraft's flight 
path, indicates some similarities between the ET302 and JT610 accidents 
that warrant further investigation of the possibility of a shared cause 
for the two incidents that needs to be better understood and addressed. 
Accordingly, the Acting Administrator is ordering all Boeing 737 MAX 
airplanes to be grounded pending further investigation.
    This Order is effective immediately. While this Order remains in 
effect, the FAA intends to initiate a proceeding, as appropriate, to 
address the factors that contributed to the two previously discussed 
accidents involving Boeing 737 MAX series airplanes.

Consequences of Failure To Comply With This Order

    Any person who fails to comply with this Order is subject to a 
civil penalty for each flight found not to comply. Small business 
concerns and individuals (other than persons serving as an airman) are 
subject to a civil penalty of up to $13,333 per flight. See 49 U.S.C. 
46301(a)(5)(A)(ii), 14 CFR 13.301. A person serving as an airman on a 
flight operated in violation of this Order is subject to a civil 
penalty of up to $1,466 per flight or a certificate action, up to and 
including revocation. See 49 U.S.C. 46301(a)(1)(B) and 44709(b)(1)(A), 
14 CFR 13.301. An air carrier violating this Order is subject to 
certificate action, up to and including revocation. See id. Any person 
failing to comply with this Order may be subject to a cease and desist 
order or a civil action in a United States district court to ensure 
compliance. See 49 U.S.C. 44103(a) and 46106.

Right of Review

    Pursuant to 49 U.S.C. 46110(a), a person with a substantial 
interest in this Order ``may apply for review of the order by filing a 
petition for review in the United States Court of Appeals for the 
District of Columbia Circuit or in the court of appeals of the United 
States for the circuit in which the person resides or has its principal 
place of business.'' The petition must be filed within 60 days after 
the date of this Order. 49 U.S.C. 46110(a).

Emergency Contact Official

    Direct any questions concerning this Emergency Order of 
Prohibition, to John Piccola, Federal Aviation Administration, Aircraft 
Certification Service, System Oversight Division, AIR-800, 2200 South 
216th Street, Des Moines, WA 98198 (email: [email protected]; Tel: 
206-231-3595).

    Issued in Washington, DC, on March 13, 2019.
Daniel K. Elwell,
Acting Administrator.
[FR Doc. 2019-05067 Filed 3-13-19; 5:00 pm]
BILLING CODE 4910-13-P