Boeing’s Breach of NTSB Investigative Protocols
On June 27, 2024, the National Transport Safety Board (NTSB) issued a stern rebuke to Boeing for the unauthorized release of non-public information concerning an ongoing investigation into a door plug incident involving an Alaska Airlines 737 MAX 9. This breach not only violated investigative regulations but also an agreement that Boeing had previously signed, committing not to disseminate information related to the investigation or to speculate about its causes.
The incident in question, which occurred on January 5, 2024, involved a blowout of a door plug on a 737-9 aircraft. The investigation into this incident is critical to understanding the circumstances and causes behind the malfunction, ensuring future aviation safety.
According to the NTSB, during a media briefing at Boeing’s Renton facility on June 25, 2024, ostensibly about quality improvements, a Boeing executive disclosed details from the ongoing investigation. This included an analysis of facts that were not yet verified or authorized for public release, a clear contravention of the guidelines established by the NTSB.
Implications of Boeing’s Actions
The NTSB’s statement highlighted that Boeing, having been a frequent participant in NTSB investigations, is well aware of the procedural rules. The agency emphasized that its investigations are focused on identifying the probable cause of incidents without attributing blame to individuals, countering any narratives suggesting a ‘witch-hunt.’
Following the discovery of this breach, Boeing submitted a transcript of the briefing, confirming the unauthorized disclosures. As a result, the NTSB has decided to impose several sanctions on Boeing. While Boeing will retain its party status in the investigation, it will now be excluded from accessing investigative information as the NTSB develops the factual record of the accident.
Furthermore, Boeing is required to appear at an investigative hearing scheduled for August 6 and 7, 2024, in Washington, DC. During this hearing, unlike other parties, Boeing will not have the prerogative to question other participants, a significant limitation on its involvement.
The NTSB also plans to inform the Department of Justice (DOJ) about this breach, considering Boeing’s ongoing investigation under a Deferred Prosecution Agreement related to its interactions with the FAA prior to the 737 MAX fatalities in 2018 and 2019. This could potentially influence the DOJ’s assessment and subsequent actions regarding Boeing’s compliance with the agreement.