My job has no connection to aviation, but I have worked on getting tech products certified with authorities from different countries, with, let’s say, distinguishable culture. That said, I do believe that some general experiences I took away from that are very likely to translate to what happening with the 737 MAX now.
Every certification standard, no matter how detailed, has endless ambiguities when it meets the real world. Every time such an item comes up, the result will depend on the attitude of the people at the certifying authority. Usually they tend to trust the certifiees expertise and good intentions, and will work with you amicably in the interest of good business. But when they are under pressure, or in doubt, they will guard themselves against responsibility. Even the most minute and peripheral thing that is unclear will be held against the manufacturer. Out of the natural incompleteness of written specifications, one demand will create the next one. This can drag on for months and years, even for products far less complex than an airliner. I’m not saying these demands are per se unreasonable! All I’m saying is that no product and no specification can guarantee absolute safety, it is always a matter of degree, and once there is any doubt, there really is no upper limit for the bar.
The FAA has been under heavy, and IMHO justified criticism for the initial certification for the 737 MAX. They have reason to fear personal and severe legal repercussions, in particular if anything serious were to happen ever again with that model. Guess how they will handle this certification. I wouldn’t count on flying in a 737 MAX ever again.
