Boeing Sanctioned for Sharing Non-Public Investigative Information With Media on 737 Max 9 Door Plug Investigation
The National Transportation Safety Board announced a series of restrictions and sanctions on Boeing after the company blatantly violated NTSB investigative regulations–and Boeing’s signed party agreement with the NTSB–by providing non-public investigative information to the media and speculating about possible causes of the Jan. 5 door-plug blowout on a Boeing passenger jet in Portland, Oregon.
During a media briefing Tuesday about quality improvements at Boeing Commercial Airplanes, a Boeing executive provided investigative information and gave an analysis of factual information previously released. Both of these actions are prohibited by the party agreement that Boeing signed when it was offered party status by the NTSB at the start of the investigation. As a party to many NTSB investigations over the past decades, few entities know the rules better than Boeing.
Because of Boeing’s recent actions, Boeing will retain its party status, but no longer have access to the investigative information the NTSB produces as it develops the factual record of the accident. The NTSB may subpoena any relevant records it requires during the course of the investigation.
The NTSB will also subpoena the company to appear at an investigative hearing into the case scheduled for Aug. 6 and 7 in Washington, DC. Unlike the other parties in the hearing, Boeing will not be allowed to ask questions of other participants.
Given that Boeing is under investigation by the U.S. Department of Justice in relation to its Deferred Prosecution Agreement stemming from Boeing’s interactions with the FAA prior to the Boeing MAX fatalities, the NTSB will be coordinating with the DOJ Fraud Division to provide details about Boeing’s recent unauthorized investigative information releases in the 737 MAX 9 door plug investigation.
After the NTSB learned of the unauthorized release of information and requested additional information about the press briefing, Boeing provided the agency with a transcript. The transcript revealed that Boeing provided non-public investigative information to the news media that NTSB had not verified or authorized for release. In addition, Boeing offered opinions and analysis on factors it suggested were causal to the accident.
In the briefing, Boeing portrayed the NTSB investigation as a search to locate the individual responsible for the door plug work. The NTSB is instead focused on the probable cause of the accident, not placing blame on any individual or assessing liability.
Boeing’s media briefing occurred Tuesday, the same day the five-member NTSB Board was in Ohio deliberating over the probable cause and contributing factors of last year’s railroad derailment and hazardous materials release in East Palestine.
The NTSB urges anyone that believes they have information relevant to this matter or any other matter to contact the agency at [email protected].
The preliminary report and other related materials are available on the on the Alaska Airlines 1282 accident investigation webpage.
