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Boeing could lose its status as a party to the federal investigation into January’s 737 Max 9 mid-air blowout if it continues to violate its agreement with regulators.
The National Transportation Safety Board (NTSB) wrote a Thursday night letter to outgoing Boeing CEO Dave Calhoun, informing him that an executive’s comments this week during a media briefing including “unsubstantiated speculations” about the cause of the Jan. 5 incident on an Alaska Airlines plane. The letter was first repoted by Reuters.
As a result of the January incident, Boeing has been under increased scrutiny by U.S. regulators, Congress, the media, and the public over the past six months. Boeing stock has declined more than 27% this year, making it one of the worst performers in the S&P 500.
The letter was sent by NTSB Office of Aviation Safety Director Timothy LeBaron, who informed Boeing that the agency has considered removing Boeing as a party to the probe. Further infractions of the agreement, he added, could lead to Boeing being prevented from participating in the investigation.
On Thursday, the Arlington, Virginia-based company was hit with new sanctions and restrictions by the NTSB. Although Boeing will retain access to the NTSB’s investigative information, the company will be subpoenaed to appear at an investigative hearing scheduled for Aug. 6 and 7. And unlike other parties present, Boeing will not be allowed to ask questions.
“This disregard of the federal regulations and rules governing NTSB investigations cannot be tolerated,” LeBaron wrote, adding that this is the second warning issued to Boeing this year regarding its “flagrant violation” of NTSB rules.
On Tuesday, Arlington, Virginia-based Boeing described the NTSB’s investigation as a “search to locate the individual responsible” for the door plug’s failure, which prompted the sanctions. Elizabeth Lund, a senior vice president of quality at Boeing’s commercial unit, released some information that was “either inaccurate or unknown” to the NTSB during the media briefing.
The NTSB’s initial investigation into what happened with the January door plug blowout suggested that the workers on the plane in question appeared to have forgotten to replace four key bolts that would have held the piece in place.
LeBaron added that the regulator was aware of comments made by Boeing Chief Engineer Howard McKenzie on June 18 about a “Dutch roll” conducted by a Southwest Airlines flight last month. During a Senate hearing, McKenzie said the event had “nothing to do with design or manufacturing.” The NTSB notes that parties to the incident are not allowed to make public comments during its investigation.
“We deeply regret that some of our comments, intended to make clear our responsibility in the accident and explain the actions we are taking, overstepped the NTSB’s role as the source of investigative information,” a Boeing spokesperson said in a statement Thursday, referring to the Tuesday incident. “We apologize to the NTSB and stand ready to answer any questions as the agency continues its investigation.”