Federal Aviation Administration, DOT § 91.

215

lighter-than-air aircraft for which a § 91.215 ATC transponder and altitude

Master Minimum Equipment List has reporting equipment and use.
been developed; and (a) All airspace: U.S.-registered civil
(2) The inoperative instruments and aircraft. For operations not conducted
equipment are not— under part 121 or 135 of this chapter,
(i) Part of the VFR-day type certifi- ATC transponder equipment installed
cation instruments and equipment pre- must meet the performance and envi-
scribed in the applicable airworthiness ronmental requirements of any class of
regulations under which the aircraft TSO-C74b (Mode A) or any class of
was type certificated; TSO-C74c (Mode A with altitude report-
(ii) Indicated as required on the air- ing capability) as appropriate, or the
craft’s equipment list, or on the Kinds appropriate class of TSO-C112 (Mode S).
of Operations Equipment List for the (b) All airspace. Unless otherwise au-
kind of flight operation being con- thorized or directed by ATC, no person
ducted; may operate an aircraft in the airspace
(iii) Required by § 91.205 or any other described in paragraphs (b)(1) through
rule of this part for the specific kind of (b)(5) of this section, unless that air-
flight operation being conducted; or craft is equipped with an operable
coded radar beacon transponder having
(iv) Required to be operational by an
either Mode 3/A 4096 code capability,
airworthiness directive; and
replying to Mode 3/A interrogations
(3) The inoperative instruments and with the code specified by ATC, or a
equipment are— Mode S capability, replying to Mode 3/
(i) Removed from the aircraft, the A interrogations with the code speci-
cockpit control placarded, and the fied by ATC and intermode and Mode S
maintenance recorded in accordance interrogations in accordance with the
with § 43.9 of this chapter; or applicable provisions specified in TSO
(ii) Deactivated and placarded ‘‘In- C–112, and that aircraft is equipped
operative.’’ If deactivation of the inop- with automatic pressure altitude re-
erative instrument or equipment in- porting equipment having a Mode C ca-
volves maintenance, it must be accom- pability that automatically replies to
plished and recorded in accordance Mode C interrogations by transmitting
with part 43 of this chapter; and pressure altitude information in 100-
(4) A determination is made by a foot increments. This requirement ap-
pilot, who is certificated and appro- plies—
priately rated under part 61 of this (1) All aircraft. In Class A, Class B,
chapter, or by a person, who is certifi- and Class C airspace areas;
cated and appropriately rated to per- (2) All aircraft. In all airspace within
form maintenance on the aircraft, that 30 nautical miles of an airport listed in
the inoperative instrument or equip- appendix D, section 1 of this part from
ment does not constitute a hazard to the surface upward to 10,000 feet MSL;
the aircraft. (3) Notwithstanding paragraph (b)(2)
An aircraft with inoperative instru- of this section, any aircraft which was
not originally certificated with an en-
ments or equipment as provided in
gine-driven electrical system or which
paragraph (d) of this section is consid-
has not subsequently been certified
ered to be in a properly altered condi- with such a system installed, balloon
tion acceptable to the Administrator. or glider may conduct operations in
(e) Notwithstanding any other provi- the airspace within 30 nautical miles of
sion of this section, an aircraft with in- an airport listed in appendix D, section
operable instruments or equipment 1 of this part provided such operations
may be operated under a special flight are conducted—
permit issued in accordance with (i) Outside any Class A, Class B, or
§§ 21.197 and 21.199 of this chapter. Class C airspace area; and
[Doc. No. 18334, 54 FR 34304, Aug. 18, 1989, as (ii) Below the altitude of the ceiling
amended by Amdt. 91–280, 68 FR 54560, Sept. of a Class B or Class C airspace area
17, 2003; Amdt. 91–282, 69 FR 44880, July 27, designated for an airport or 10,000 feet
2004] MSL, whichever is lower; and

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 § 91.217 14 CFR Ch. I (1–1–12 Edition)

(4) All aircraft in all airspace above request must be made at least one hour
the ceiling and within the lateral before the proposed operation.
boundaries of a Class B or Class C air-
(Approved by the Office of Management and
space area designated for an airport up- Budget under control number 2120–0005)
ward to 10,000 feet MSL; and
(5) All aircraft except any aircraft [Doc. No. 18334, 54 FR 34304, Aug. 18, 1989, as
amended by Amdt. 91–221, 56 FR 469, Jan. 4,
which was not originally certificated 1991; Amdt. 91–227, 56 FR 65660, Dec. 17, 1991;
with an engine-driven electrical sys- Amdt. 91–227, 7 FR 328, Jan. 3, 1992; Amdt. 91–
tem or which has not subsequently 229, 57 FR 34618, Aug. 5, 1992; Amdt. 91–267, 66
been certified with such a system in- FR 21066, Apr. 27, 2001]
stalled, balloon, or glider—
(i) In all airspace of the 48 contiguous § 91.217 Data correspondence between
states and the District of Columbia at automatically reported pressure al-
titude data and the pilot’s altitude
and above 10,000 feet MSL, excluding reference.
the airspace at and below 2,500 feet
above the surface; and (a) No person may operate any auto-
(ii) In the airspace from the surface matic pressure altitude reporting
to 10,000 feet MSL within a 10-nautical- equipment associated with a radar bea-
mile radius of any airport listed in ap- con transponder—
pendix D, section 2 of this part, exclud- (1) When deactivation of that equip-
ing the airspace below 1,200 feet outside ment is directed by ATC;
of the lateral boundaries of the surface (2) Unless, as installed, that equip-
area of the airspace designated for that ment was tested and calibrated to
airport. transmit altitude data corresponding
(c) Transponder-on operation. While in within 125 feet (on a 95 percent prob-
the airspace as specified in paragraph ability basis) of the indicated or cali-
(b) of this section or in all controlled brated datum of the altimeter nor-
mally used to maintain flight altitude,
airspace, each person operating an air-
with that altimeter referenced to 29.92
craft equipped with an operable ATC
inches of mercury for altitudes from
transponder maintained in accordance
sea level to the maximum operating al-
with § 91.413 of this part shall operate
titude of the aircraft; or
the transponder, including Mode C
(3) Unless the altimeters and
equipment if installed, and shall reply
digitizers in that equipment meet the
on the appropriate code or as assigned
standards of TSO-C10b and TSO-C88, re-
by ATC.
spectively.
(d) ATC authorized deviations. Re-
(b) No person may operate any auto-
quests for ATC authorized deviations
matic pressure altitude reporting
must be made to the ATC facility hav- equipment associated with a radar bea-
ing jurisdiction over the concerned air- con transponder or with ADS–B Out
space within the time periods specified equipment unless the pressure altitude
as follows: reported for ADS–B Out and Mode C/S
(1) For operation of an aircraft with is derived from the same source for air-
an operating transponder but without craft equipped with both a transponder
operating automatic pressure altitude and ADS–B Out.
reporting equipment having a Mode C
capability, the request may be made at [Docket No. 18334, 54 FR 34304, Aug. 18, 1989,
as amended by Admt. 91–314, 75 FR 30193,
any time.
May 28, 2010]
(2) For operation of an aircraft with
an inoperative transponder to the air- § 91.219 Altitude alerting system or de-
port of ultimate destination, including vice: Turbojet-powered civil air-
any intermediate stops, or to proceed planes.
to a place where suitable repairs can be (a) Except as provided in paragraph
made or both, the request may be made (d) of this section, no person may oper-
at any time. ate a turbojet-powered U.S.-registered
(3) For operation of an aircraft that civil airplane unless that airplane is
is not equipped with a transponder, the equipped with an approved altitude

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