A sub-mode of the Speed Trim System is not Critical instrumentation or Equipment because malfunctions were not rated greater than hazardous by the FAA.

Yes, the FAA determines that. The 737 MAX was certified compliant and airworthy by the FAA.

For those that think Boeing self certifies look at you pilot license. Is it issued by your airline or the FAA? Oh, the FAA, but it was an airline employee DPE that gave me my check!!! Would love for someone to explain to me how Designated Engineering Representatives at Boeing are falsifying data that is recorded on an instrumented airplane? That data is sent to the FAA for final review. Flight test data is flight test data. The FAA is still the final signature even though they don't always do the flights. Many of the flights their pilots are not qualified to do. But guess what flights they did do? All the ones certifying MCAS. Something the FAA has so far been able to keep quiet.