^Thanks, really. Your post is covering concepts that are hard to convey in the readers digest or popular news.
Thanks; that line means a lot. I have to admit I was getting a little frustrated at times during our exchange, but I tried to keep it civil and factual, because there's an awful lot of misinformation out there and decoding aviation speak isn't always easy (especially if the goal of many journalists is fomenting outrages and harvesting clicks). Boeing's not blameless here for sure, but neither do I think they acted like total idiots.
So the MAX, even if it were certified as a new plane not connected to the 737-100, would not pass (without MCAS).
100% right if they are constrained to keep the landing gear and wing of the 737.
But, if you look at it differently, if they were willing to go for a from-scratch certification, they would likely have created taller landing gear, providing for more underwing space to hang the larger engines farther back, moving the center of thrust rearward and center of pressure slightly rearward. It's possible that they might have managed to get the pilot type rating to crossover even without the airplane being built on the same type certificate. (The 757 and 767 are built on A2NM and A1NM TCDS, respectively, but share a common type rating: "B-757, B-767".)
All of that is fairly academic though as the 757 and 767 are the only airplanes to share a common type rating, it's not very likely that Southwest and the like would buy a 737-Max class airplane that wasn't on the A16WE TCDS, and such a 737 would probably look an awful lot like the 757, which Boeing already has...
So as long as a plane is slightly positively stable, the airframe is ok? We can then use electronics to make it feel/behave MORE stable, longitudinally or otherwise, to the pilot, in order to meet the more stringent stability requirements. But we can't (with passenger planes) cross into neutral or negative aerodynamic stability and go fixing that with computers?
I don't think there's anything to
directly prevent the certification of an inherently unstable airplane with sufficient fly-by-wire mods to make it behave stably. Such fly-by-wire mods (and the associated power sources) would then become subject to mitigation against
Catastrophic event severity, meaning you'd have to reduce the projected frequency of occurrence of such a failure to lower than 1 in 10
9 (1 [US] billion) flight hours. In practice, because there's no great advantage to making a passenger airliner unstable, airliners are stable inherently and have minor mods here and there to tweak performance and handling. Military aircraft which are inherently unstable rely on electronic controls and ejection seats as the ultimate backstop. They're also accepting of some amount of fatalities if that prevents greater fatalities in usage.
The airplane is certified as a system. That system must pass all certification requirements while everything is working as designed.
It must
also have analysis done to consider the effects of degraded operation as various systems are inoperative. The effect of an MCAS system failure was judged (IMO reasonably) to be "
hazardous", one level lower than catastrophic. This requires failure modes to exhibit themselves fewer than 1 in 10,000,000 flight hours (1 in 10
7 hours). Hazardous is characterized by a "Large reduction in safety margin or functional capability."
Boeing is going to wear a lot of this. It turns out that their analysis of frequency of failure was very likely wrong. It turns out that crews didn't react quickly and appropriately to the presentation of the MCAS fault. (NB: the guidance document provides a reminder: "Crew physical distress/excessive workload such that operators cannot be relied upon to perform required tasks accurately or completely") It turns out that the system was delivered with a higher control authority than originally contemplated (however that would still likely only result in a "hazardous" categorization). It turns out that crews could trigger multiple cyclic activations of MCAS, further increasing the authority of the stabilizer.
I have a certain amount of sympathy for Boeing engineers here. They screwed up, but I'm not nearly as convinced it was part of a diabolical scheme to separate airlines from their money and ship an unsafe product, but rather a drive to push a longer-range, more economical aircraft into a crowded market.
Ref -
https://www.faa.gov/regulations_policies/handbooks_manuals/aviation/risk_management/ss_handbook/media/chap3_1200.pdf