> That is why I think the central issue is not a violation of airworthiness standards regulations. If that were true, it seems like that would be known already, and there'd be hell to pay. Clear cut and dried.
The airworthiness regulations are tested in flight, so if Boeing flight tested a 737 MAX with MCAS active and it passed, there would be no violation. The regulations do not say the airplane has to pass the flight test with no automated compensation systems active.
> it's a more complicated matter when it comes to type certifications
Yes, the judgment of when a new variant is different enough that it requires a new type certification is not cut and dried. That might come into play if the FAA's judgment of whether the 737 MAX with MCAS should have required a new type certification were the question; but it isn't. The question is what it would take to make the 737 MAX without MCAS qualify to fly. At this point I don't think anyone believes that will happen without a new type certification for the 737 MAX; the question is whether even with a new type certification it will be possible to convince the FAA that the plane qualifies to fly.
The airworthiness regulations are tested in flight, so if Boeing flight tested a 737 MAX with MCAS active and it passed, there would be no violation. The regulations do not say the airplane has to pass the flight test with no automated compensation systems active.
> it's a more complicated matter when it comes to type certifications
Yes, the judgment of when a new variant is different enough that it requires a new type certification is not cut and dried. That might come into play if the FAA's judgment of whether the 737 MAX with MCAS should have required a new type certification were the question; but it isn't. The question is what it would take to make the 737 MAX without MCAS qualify to fly. At this point I don't think anyone believes that will happen without a new type certification for the 737 MAX; the question is whether even with a new type certification it will be possible to convince the FAA that the plane qualifies to fly.