On Wednesday, March 13, 2019, the United States and Canada each issued emergency orders grounding the fleet of Boeing 737-8 and 737-9 Max aircraft (the “737 Max aircraft”). A copy of the FAA’s Emergency Order can be found here. The emergency order permits those aircraft currently in the air to proceed to landing at their intended destinations but once the aircraft has landed, they will not be allowed to engage in further flight until aviation authorities lift the emergency orders. The air carrier, however, may apply for non-passenger special ferry flight permits to move the aircraft for storage, modification, testing or maintenance.
The US Federal Aviation Administration stated that its decision to ground the 737 Max aircraft was as a result of the continuing data gathering process in the Ethiopian crash investigation and new evidence collected at the crash site today. This evidence, along with newly refined satellite data, indicated the possibility of a shared causal connection between the crashes of Ethiopian Flight 302 and Lion Air Flight 610, which crashed 5 months ago shortly after takeoff. This evidence led to the FAA’s decision to ground the fleet. Echoing this concern, the Canadian Transportation Minister stated that satellite data suggested similarities between the flight profiles of the crashed Ethiopian Airlines jet and Lion Air Flight 610. However, both aviation authorities stopped short of claiming that the crashes actually shared common causal factors but rather that more investigation is needed to understand the causes of each accident. As a result of these grounding orders, the entire fleet of the 737 Max aircraft has been grounded throughout the world. We will continue to provide further updates as the investigation continues.