Originally Posted by
Mesabah
I doubt that, from the FARs
The nacelle on the Max creates lift during high AoA, this is negative stability condition that violates the above FAR. The FAA approved the MCAS system to comply with that based on 0.6degrees of pitch, which they may rescind now that it requires 2.5. I would think the aircraft is in violation of part (d) regardless of a software fix.
The Max is stable throughout its flight envelope without MCAS. MCAS was added to insure a common type rating and that there would be no required sim training for transition. The A321NEO on the other hand has actual stability issues in its flight envelope discovered after the Max issues. Currently that’s being managed with CG restrictions however a software fix is in the works. Some operators have to block aft seats.