Policy Archive · Episode 08

The Case of the Haunted Hoverboat

Explore the real-world policies behind this case. Follow proposed and existing policy, potential gaps, and outcomes as they develop.

• Existing Policy Existing federal guidance

  FAA AC 43-216A — Software Management During Aircraft Maintenance

  FAA Advisory Circular 43-216A provides guidance for managing aircraft software during maintenance and for demonstrating compliance with applicable federal aviation regulations.

  Identifier

  AC 43-216A

  Jurisdiction

  United States (Federal)

  Status

  Existing federal guidance

  Dates

  Issued August 25, 2023; currently active.

  Latest update

  August 25, 2023

  Update date

  2023-08-25

  What it does: FAA Advisory Circular 43-216A provides guidance for managing aircraft software during maintenance and for demonstrating compliance with applicable federal aviation regulations. The guidance applies to aircraft operators and maintenance, repair, and overhaul organizations. It addresses software management during maintenance activities, including procedures intended to ensure that the correct software is identified, controlled, loaded, and documented. AC 43-216A works within the broader federal aircraft-maintenance framework, including 14 CFR Part 43, which governs maintenance, preventive maintenance, rebuilding, and alteration, and 14 CFR Part 145, which governs certificated repair stations. The Advisory Circular itself is guidance rather than a regulation and does not have the force and effect of law.

  Potential impact: AC 43-216A demonstrates that federal aviation policy already recognizes software management as part of modern aircraft maintenance rather than treating aircraft maintenance solely as mechanical work. However, the guidance operates within existing aviation-maintenance regulations and does not establish a comprehensive transportation-wide framework for allocating responsibility among operators, manufacturers, and third-party maintenance providers when software or firmware maintenance contributes to an operational problem.

  Sources

  • FAA — AC 43-216A, Software Management During Aircraft Maintenance
  • Electronic Code of Federal Regulations — 14 CFR Part 43 — eCFR
  • Electronic Code of Federal Regulations — 14 CFR Part 145 — eCFR
• Existing Policy Existing federal regulations

  Federal Maritime Software and Programmable-System Requirements

  Federal maritime regulations address certain aspects of software, firmware, and programmable systems aboard covered vessels, including programmable-system change approval and cybersecurity measures.

  Identifier

  46 CFR § 62.25-25 · 33 CFR § 101.650

  Jurisdiction

  United States (Federal)

  Status

  Existing federal regulations

  Dates

  46 CFR § 62.25-25 — most recently amended June 12, 2024 (89 FR 50192). 33 CFR § 101.650 — published January 17, 2025 (90 FR 6298); effective July 16, 2025. These requirements remain part of the existing federal maritime regulatory framework.

  Latest update

  46 CFR § 62.25-25 — June 12, 2024 33 CFR § 101.650 — July 16, 2025

  Update date

  2025-07-16

  What it does: Federal maritime regulations address certain aspects of software, firmware, and programmable systems aboard covered vessels. 46 CFR § 62.25-25 requires Coast Guard approval before programmable control or alarm-system logic covered by the regulation is altered after Design Verification testing. Separate maritime cybersecurity requirements under 33 CFR § 101.650 address hardware, firmware, and software used in covered vessel information-technology and operational-technology systems, including requirements concerning approved software and vulnerability management. Together, these regulations show that federal maritime policy recognizes software and firmware as important components of vessel operation. However, they address particular areas such as programmable-system changes and cybersecurity rather than establishing a comprehensive software-maintenance framework for third-party maintenance providers.

  Potential impact: As passenger vessels become increasingly dependent on software-controlled and connected systems, these regulations provide federal oversight of certain digital-system risks. Their scope, however, differs from FAA guidance specifically addressing software management during aircraft maintenance. Judge GPT TV's research did not identify a directly comparable federal maritime framework comprehensively addressing third-party software or firmware maintenance of commercial passenger vessels.

  Sources

  • Electronic Code of Federal Regulations — 46 CFR § 62.25-25, Programmable Systems and Devices — eCFR
  • Electronic Code of Federal Regulations — 33 CFR § 101.650, Cybersecurity Measures — eCFR
• Policy Gap Partial Gap

  Software/Firmware Maintenance by Third Parties

  Jurisdiction

  United States (Federal)

  Status

  Partial Gap

  What it does: Existing federal aviation and maritime policies address important aspects of software and firmware aboard commercial transportation vehicles. FAA AC 43-216A specifically addresses software management during aircraft maintenance, while federal aviation regulations establish broader maintenance and repair-station requirements. Maritime regulations separately address programmable-system changes and certain cybersecurity requirements involving vessel software and firmware. However, Judge GPT TV's research did not identify a comprehensive federal framework specifically addressing responsibility for software or firmware maintenance performed by third-party maintenance providers across commercial passenger transportation. This becomes increasingly significant as maintenance shifts from primarily mechanical repairs toward work involving software updates, firmware, electronic controls, diagnostics, and other digitally managed systems.

  Potential Policy Question

  As commercial passenger vehicles become increasingly software-dependent, should federal policy more clearly define the responsibilities of operators, manufacturers, and third-party maintenance providers when software or firmware is installed, updated, diagnosed, or maintained?

  Sources

  • FAA — AC 43-216A, Software Management During Aircraft Maintenance
  • Electronic Code of Federal Regulations — 46 CFR § 62.25-25 — eCFR
  • Electronic Code of Federal Regulations — 33 CFR § 101.650 — eCFR