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749 

Federal Aviation Administration, DOT 

§ 91.215 

regulations under which the aircraft 
was type certificated; 

(ii) Indicated as required on the air-

craft’s equipment list, or on the Kinds 
of Operations Equipment List for the 
kind of flight operation being con-
ducted; 

(iii) Required by § 91.205 or any other 

rule of this part for the specific kind of 
flight operation being conducted; or 

(iv) Required to be operational by an 

airworthiness directive; and 

(3) The inoperative instruments and 

equipment are— 

(i) Removed from the aircraft, the 

cockpit control placarded, and the 
maintenance recorded in accordance 
with § 43.9 of this chapter; or 

(ii) Deactivated and placarded ‘‘In-

operative.’’ If deactivation of the inop-
erative instrument or equipment in-
volves maintenance, it must be accom-
plished and recorded in accordance 
with part 43 of this chapter; and 

(4) A determination is made by a 

pilot, who is certificated and appro-
priately rated under part 61 of this 
chapter, or by a person, who is certifi-
cated and appropriately rated to per-
form maintenance on the aircraft, that 
the inoperative instrument or equip-
ment does not constitute a hazard to 
the aircraft. 

An aircraft with inoperative instru-

ments or equipment as provided in 
paragraph (d) of this section is consid-
ered to be in a properly altered condi-
tion acceptable to the Administrator. 

(e) Notwithstanding any other provi-

sion of this section, an aircraft with in-
operable instruments or equipment 
may be operated under a special flight 
permit issued in accordance with 
§§ 21.197 and 21.199 of this chapter. 

[Doc. No. 18334, 54 FR 34304, Aug. 18, 1989, as 
amended by Amdt. 91–280, 68 FR 54560, Sept. 
17, 2003; Amdt. 91–282, 69 FR 44880, July 27, 
2004] 

§ 91.215

ATC transponder and altitude 

reporting equipment and use. 

(a)  All airspace: U.S.-registered civil 

aircraft.  For operations not conducted 
under part 121 or 135 of this chapter, 
ATC transponder equipment installed 
must meet the performance and envi-
ronmental requirements of any class of 
TSO-C74b (Mode A) or any class of 
TSO-C74c (Mode A with altitude report-

ing capability) as appropriate, or the 
appropriate class of TSO-C112 (Mode S). 

(b)  All airspace. Unless otherwise au-

thorized or directed by ATC, no person 
may operate an aircraft in the airspace 
described in paragraphs (b)(1) through 
(b)(5) of this section, unless that air-
craft is equipped with an operable 
coded radar beacon transponder having 
either Mode 3/A 4096 code capability, 
replying to Mode 3/A interrogations 
with the code specified by ATC, or a 
Mode S capability, replying to Mode 3/ 
A interrogations with the code speci-
fied by ATC and intermode and Mode S 
interrogations in accordance with the 
applicable provisions specified in TSO 
C–112, and that aircraft is equipped 
with automatic pressure altitude re-
porting equipment having a Mode C ca-
pability that automatically replies to 
Mode C interrogations by transmitting 
pressure altitude information in 100- 
foot increments. This requirement ap-
plies— 

(1)  All aircraft. In Class A, Class B, 

and Class C airspace areas; 

(2)  All aircraft. In all airspace within 

30 nautical miles of an airport listed in 
appendix D, section 1 of this part from 
the surface upward to 10,000 feet MSL; 

(3) Notwithstanding paragraph (b)(2) 

of this section, any aircraft which was 
not originally certificated with an en-
gine-driven electrical system or which 
has not subsequently been certified 
with such a system installed, balloon 
or glider may conduct operations in 
the airspace within 30 nautical miles of 
an airport listed in appendix D, section 
1 of this part provided such operations 
are conducted— 

(i) Outside any Class A, Class B, or 

Class C airspace area; and 

(ii) Below the altitude of the ceiling 

of a Class B or Class C airspace area 
designated for an airport or 10,000 feet 
MSL, whichever is lower; and 

(4) All aircraft in all airspace above 

the ceiling and within the lateral 
boundaries of a Class B or Class C air-
space area designated for an airport up-
ward to 10,000 feet MSL; and 

(5) All aircraft except any aircraft 

which was not originally certificated 
with an engine-driven electrical sys-
tem or which has not subsequently 
been certified with such a system in-
stalled, balloon, or glider— 

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